It depends on whether or not the fire brigade could be deemed to have knowingly permitted pollution. Presumably they do have a duty of care even though they are treating an emergency. If it was an old incident, you are also into what was reasonable at the time. Perhaps there is some legislation that exempts the brigade so long as they point out to the owner that a mess needs clearing up.
Regards,
Kevin Privett.
Dr Kevin Privett
Geo-Environmental Associate
Hydrock Consultants Ltd
Over Court Barns
Over Lane
Almondsbury
Bristol
BS32 4DF
Tel: (01454) 619533
Fax: (01454) 614125
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Cell phone: (07799) 430870
Offices in Bristol, Plymouth, Northampton, Stoke-on-Trent. www.hydrock.com
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-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Paul Baccarini
Sent: 20 March 2008 10:04
To: [log in to unmask]
Subject: Part IIA
Hi all
I carried out a walkover survey last week, and I discovered some
interesting features on an old (1960s) landfill site. What I saw got me
thinking of a theoretical question:
If an old landfill site developed an underground fire (say for argument
sake in the 1990s) and the fire brigade went on site an excavated large
holes in order to put it out - who would be liable if the piles of
excavated rubbish (left on the surface for years after) were shown to cause
a pollutant linkage?
This is probably a simple (and hopefully not silly) question, but I have
never heard of such a case before. I assume the fire brigade would be
exempt as the situation arose under an emergency situation? If this is the
case, who would be liable?
I would be interested to hear people's thoughts.
Regards
Paul B
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