Toxic Wastes and Contaminated Groundwater

Union Carbide operated waste evaporation ponds on a 14 hectare (35 acres) plot 400 meters from the factory.57 These ponds received toxic effluents. Such effluents were also discharged through an open drain flowing nearby. Several tons of obsolete pesticides and process wastes lie strewn around the factory site. 

Numerous studies, including by Union Carbide itself, acknowledge the presence of contamination and toxic wastes on and off site. A 1999 Greenpeace study confirmed the presence of persistent organic pollutant chemicals, such as DDT 

57Bano et al. versus Union Carbide Corp. Warren Anderson, United States District Court Southern District of New York, Civil Action No. 99, Civ. 11329 (JFK). 

The courts of India have formally adopted a polluter pays principle, which requires that where possible, environmental contamination costs will be charged to the entities causing pollution. The Indian Supreme court has adopted this as a binding principle of law  

Consequently, polluting industries are absolutely liable to compensate for the harm caused by them to villagers in the affected area, to the soil and to the underground water and, hence, they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas.  

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