Oregon Department of Environmental Quality v. Chemical Waste Storage and Disposition, Inc.

528 P.2d 1076 (1974)

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Oregon Department of Environmental Quality v. Chemical Waste Storage and Disposition, Inc.

Oregon Court of Appeals
528 P.2d 1076 (1974)

  • Written by Tammy Boggs, JD

Facts

Chemical Waste Storage and Disposition, Inc. (Chemical Waste) (defendant) owned 6,000 acres around Alkali Lake in southeastern Oregon (Alkali property), where Chemical Waste believed that hazardous waste materials would be able to successfully biodegrade into the soil. In 1969, Chemical Waste began storing pesticide-residue waste in 55-gallon steel drums on a 10-acre plot of the Alkali property (the disposal site). As a result of subsequently enacted state regulations, in December 1971 Chemical Waste terminated its disposal operations and transferred most of the company’s assets to shareholders. The Oregon Department of Environmental Quality (DEQ) (plaintiff), a state environmental agency, filed suit against Chemical Waste to compel compliance with state-law provisions regarding hazardous waste and to have the disposal site declared a public nuisance. The disposal site was isolated, completely fenced in, and located several miles from the nearest inhabitants. The trial court ordered Chemical Waste to comply with state law but found that the disposal site was not a public nuisance. DEQ appealed.

Rule of Law

Issue

Holding and Reasoning (Langtry, J.)

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