Compost company is liable for soil and water contamination in Baden-Württemberg
According to the court's finding, the company distributed a mixture of compost and paper sludge, sourced from the paper industry, on fields from 2006 to 2008. This reportedly happened in agreement with the farmers, who received the mixture for free. In total, this involved at least 43,000 tons of paper sludge. These should have been disposed of as waste and were not permitted under the Fertilizer Ordinance.
The court was convinced that at least part of this mixture was contaminated with PFCs and that this contamination led to the contamination of both many fields and groundwater. This contamination was first noticed in 2013. According to the Baden-Württemberg Health Ministry, there were elevated PFC levels in water samples and in plants grown on contaminated soil in the region. Various studies suggest a link between PFC contamination and health impairments in humans.
The court ruled out that clarified sewage, aviation fuel, or plant protection products were the cause of the contamination. The managing director of the compost company was also personally liable, as he had at least neglected his duty of care.
The community's claim against the company was largely successful. For individual areas where no PFC contamination could be proven, the claim was dismissed. Another claim against a haulage company was also dismissed.
The community is demanding damages of 150,000 Euro. How much they are entitled to will be determined in court. The judgment is not yet legally binding, it can still be appealed to the Higher Regional Court in Karlsruhe. The city utilities Rastatt also sued the compost company.
- The contaminated mixture, consisting of compost and paper sludge, was spread on fields in Baden-Württemberg, specifically in Baden-Baden, from 2006 to 2008.
- The Contamination of the mixture with PFCs was a significant concern, as this chemical has been linked to health impairments in humans according to various studies.
- The Compost Company, despite being a key player in this incident, was found responsible by the court for the negligence in disposing of the approximately 43,000 tons of paper sludge in violation of the Fertilizer Ordinance.
- The chemical used in the paper industry, which contaminated the water supply in the region, originated from the compost made by the Compost Company.
