Who is responsible for paying for cleaning up the contamination? Who is liable?
We will always try to make the polluter pay for the clean up of a polluted area and pay for the damage caused by the contaminated land. This is in line with the government policy on making the polluter pay for pollution they have caused, known as the ‘polluter pays principle’. Under Part IIA of the Environmental Protection Act 1990, you may be responsible for costs associated with a contaminated site if you have ’caused or knowingly permitted’ the contamination or if you own or occupy the land. If you own the land and it is contaminated, you will only be responsible for the cost of making it safe when the person who caused the pollution cannot be found. In such cases not all of the costs may fall to you. We will contact you if this is the case. We must take into account your ability to pay if you are an individual householder or even a company director that has caused the pollution. In such cases you may meet the test of ‘hardship’ and will not be made responsible to pay. Please see ou
