RESPONSIBILITY OF THE WASTE MANAGER IN SOIL POLLUTION DUE TO NITRIC ACID SPILL FROM DETERIORATION OF CONNECTION FITTINGS

Date: 03/31/2022 Provincial Court of A Coruña – SAP C 920/2022 – ECLI: ES: APC: 2022: 920 https://www.poderjudicial.es/search/AN/openDocument/a1c3b93a87b36f97/20220608 (…) during the transfer or loading of nitric acid … (from the waste producer) to the truck of the defendant company, a very significant leakage of liquid occurred due to the deterioration or corrosion of the metal fittings connecting the truck’s hose, from where the inadequacy of the material or means used by the defendant for the subcontracted operation accepted to be carried out. Especially since it was not usual and it was a considerable volume of spilled acid (about 5 thousand liters). (The waste manager) … also had the role of loader in that operation, as reasoned in the opposition to the appeal. It was an internal issue with its contractor, not transferable to (the waste producer), to diligently inform itself of the work to be carried out and the appropriate means to use to achieve the desired result of the contract, without leaks or causing damage, such as the incident referred to in the litigation. Not having done so but negligently, it is civilly liable for the damages caused