Leaking Waste Containers
originally titled: Waste
Disposal
[Prepared with James Jaksa.]
I
ABC's chemical waste is stored in a warehouse at an off-site
location. While inspecting the warehouse, engineer Scott Lewis
notices several leaking drums. He calls Tom Treehorn, head of
ABC's Division of Chemical Waste. Tom responds, "I'll be right
over with a crew to bring the leaking drums over here." Scott
points out that the law forbids returning chemical waste to the
"home" site. Tom replies, "I know, but I don't have any
confidence in the off-site folks handling this. We know how to
handle this best. It might not be the letter of the law, but
our handling it captures its spirit."
Scott believes that Tom Treehorn is serious about preventing
environmental problems -- especially those that might be caused
by ABC. Still, he knows that the Environmental Protection
Agency will be upset if it finds out about Tom's way of dealing
with the problem; and if anything goes wrong, ABC could get
into serious legal difficulties. After all, he thinks, ABC is
not a waste disposal facility.
What should Scott do at this point?
- Tell Tom that he will inform Tom's superior if Tom goes
ahead with his plan.
- Tom that he will not interfere with Tom's plan, but he
will not help him with it either.
- Advise Tom not to go ahead with his plan, but not
interfere if Tom insists on going ahead anyway.
- Say nothing, and help Tom with his plan.
- Other.
II
Although he isn't sure they are doing the right thing, Scott
says nothing further to Tom and helps him load the leaking
drums onto the truck for their return to ABC. The chemical
waste is disposed of on the ABC site, with no apparent
complications.
In further justification of his actions Tom points out to
Scott that ABC also saved a lot of money by taking care of the
problem themselves rather than having to pay someone else to
dispose of the chemicals.
Do you agree that they chose the proper course of
action?
III
It might well turn out that, for all practical purposes,
this is the end of the matter -- that no further complications
ever arise. However, there is a "worst case" possible scenario.
Consider the following:
It is now several years later. Tom Treehorn has retired and
moved to Florida. Scott Lewis left ABC shortly after he
discovered the chemical leaks in the warehouse. He is now a
senior engineer in a company in a nearby city. He is startled
by a front page story in the press. ABC is being charged with
contaminating the groundwater in the community surrounding ABC.
The paper claims there is substantial evidence that ABC had for
years violated the law by dumping waste materials on site. Tom
Treehorn is mentioned as the main person who was in charge of
overseeing the handling of chemical waste during the years of
most flagrant violation. Those years included the short time
Scott spent at ABC. A local group of citizens has started a
class action suit against ABC.
Three weeks later Scott Lewis receives a letter requesting
his appearance at a court hearing concerning the charges
against ABC. What should Scott say in his testimony if asked if
he was aware of any violations on the part of ABC?