Overview

Most people are aware that it’s a criminal offence to cause or knowingly permit pollution to occur. But it’s not just a prosecution by the Environment Agency that companies need to be concerned about. Consider also the potential for civil claims by neighbouring landowners or water companies for compensation or clean up costs, or both.

And it’s not only a spill or a polluting incident that can result inaction being taken by enforcement authorities. At any point in time, on taking the decision that land is contaminated the Environment Agency and/or the Local Authority can require any landowner to undertake prescribed remediation works where the original polluter cannot be located.

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