Spread of Contaminants

A utility company hired a contractor to perform work that included excavation of a 357-foot trench. Unaware that the soil being removed was contaminated with dioxins, the excavator proceeded to stockpile the material on an adjacent property with the owner’s permission. Prior to completion of the contract, the dioxin contamination was discovered. The USEPA was brought in to investigate the situation. As a result of its findings, the USEPA issued an administrative order finding the contractor and the utility company he was working for responsible for correcting all problems caused by this unintentional contamination. Correcting the situation eventually required the acquisition of the property where the stockpiles of dirt were placed, and construction of a containment system to prevent further movement of the contaminated soil. Final costs for the remedial action were well over $200,000.