Lyne and McLachlan (1949): An Unrecognized Publication on Groundwater Contamination by Trichloroethene?(Abstract)

摘要

The investigation and remediation of groundwater contamination by chlorinated sol- vents have become extremely costly undertakings, particularly at sites contaminated by DNAPL (dense non-aqueous phase liquid). In addition, property damage and personal injuries are often claimed to have resulted from such groundwater contamination. Assign- ing liabilities to the responsible parties is hence a significant and often contentious step. Although controlling legislation and case law vary internationally, similar pivotal ques- tions often arise. What was the knowledge base regarding potential contamination at the time of the pollution incident? What was the alleged polluter’s awareness of the specific incident? Could the alleged polluter have reasonably foreseen the consequences of their chemical handling or waste disposal activities? To address such questions, it has become common practice to review historic published scientific, engineering and regulatory literature to gauge the level of understanding during the relevant time period, of the potential contamination problems. Establishing the nature and availability of relevant literature at the time of such incidents is hence a key task. Literature, however, can become overlooked, its significance unrecognized, and hence may fade from view or be essentially lost. The emergence of such ‘faded or lost literature’ at a later time may prove divisive raising several points for debate. Was the literature truly lost? Did the literature raise any awareness of a pollution issue and was that awareness significant? As chlorin- ated solvents such as trichloroethene (TCE) have been used by industry since the 1930s, there is potential for many current solvent-contaminated sites to contain a DNAPL pollu- tion legacy arising from spillages decades previous. The emergence of relevant historic, faded or lost literature may assume some importance in such cases, particularly in the relation to the potential apportionment of liabilities.