A company called Alumina had violated EPA regulations by discharging pollutants in to the Lake Dira waters. This cased the PAH concentration of the water to be at an unacceptable level and therefore, they were fined by EPA and were ordered to clean up the water. They did so and the violation was corrected.
The Water Quality Act was initiated as a federal legislation in 1965. It required states to establish an acceptable quality level for their areas. In 1972 there was another legislation passed that required that by 1983 all the swimable and fishable waters to be under pollution controlled, and by 1985 there would be zero pollutant discharge into the water. In 1977 the act was amended and the act was called Clean Water Act which gave an extension, more flexibility and made EPA responsible for water pollution (Jennings, 2006, p. 467). EPA required industries that release waste into the nation’s waterways to install the best available water pollution control technology. EPA issued the guidelines based on the best technology available (Mallor, Barnes, Bowers, & Langvardt, 2001, p. 1206).
Based on the above simulation what Alumina did five years ago was negligent and it was a willful conduct which resulted in a civil wrong. Today everything is clean and following the EPA regulations. However, there was a possibility of a lawsuit by someone in the community based on allegations that there are still carcinogens in the water with high levels of PAH. The allegation was brought on by Ms. Bates. She alleged that her daughter’s cancer could have been caused by these pollutants in the water. The other issue was that at this point the local news paper was involved and had published a story about Ms. Bates allegations that Alumina is still polluting the waters. There was also a second allegation that her daughter’s disease might be a result of the water pollution caused by Alumina five years ago.
It is obvious that the Bates' are using the proximate...