Determining Responsibility contaminated land


Have you ever product who is responsible for contaminated land when the original polluter no longer occupies or the country? Current status law is causing pollution caused by deliberate or allow pollution of land should pay for the cleanup caused by their actions. However, if the polluter can no longer be traced, the owner or occupier of the contaminated land in question can be classified as the relevant parties regarding improvements in pollution.

Publication of the right parties was raised in National Grid Gas Plc cases where polluters could not be traced and Environment new flexibility to pursue one of the current owners or their own housing on contaminated land. Rather, the agency directly overhead recovery in the fight against National Grid Gas Plc (formerly Transco), a company that had been established as part of the corporate restructuring of British Gas Plc few years after the privatization of the gas industry. This was based on the argument that the person who caused or knowingly permitted pollution shall be construed to include every person who was on the statue successor liabilities actual pollution.

history behind this issue was Bawtry and District Gas Company and South Yorkshire and Derbyshire Gas Company built gas works site that caused the contamination. The gas industry was nationalized by the Gas Act 1948 provides that all property, rights, liabilities and obligations Bawtry and District Gas Company and South Yorkshire and Derbyshire Gas Company brought under the ownership and control of the East Midlands Gas boards. Gas production site was stopped shortly after the nationalization. The Gas Act 1972 then transferred the property, rights, liabilities and obligations in the area Gas boards of British Gas Corporation. This transfer all its obligations East Midlands Gas Board because of their previous ownership of the contaminated areas or inheritance under section 17 (1) of the 1948 Act of Bawtry and District Gas Company and South Yorkshire and Derbyshire Gas Company to the British Gas Corporation. The site was later sold to Kenton Homes Ltd and then Kenneth Jackson Ltd, applied for and obtained planning permission to build houses on the site. After this eleven homes were built, and seven of them were, for a time, held by the Secretary of State for Defense and then all eleven passed into private ownership. According to section 78F of the Environment Act Bawtry and District Gas Company and South Yorkshire and Derbyshire Gas Company, and East Midlands Gas Board were classified as persons concerned, who were Kenton Homes Ltd and Kenneth Jackson Ltd for knowingly permitting pollution to be. But all of these companies have been solved! Current owners and occupiers of eleven home could also be classified as the individuals concerned and the Environment Agency decided to pursue them, rather they decided to conduct a national network Gas Plc based on the draft statutes covering every person became a law successor liabilities actual polluters.

Courts held that National Grid Gas Plc had not itself caused or knowingly permitted the presence of contaminating substances, since it had only come into existence 20 years after the site had been sold for housing; and there is nothing in the law to make the company innocent of any polluting activity is the obligation to pay for the cleanup of pollution caused by pollution. Despite being a legitimate successor to the original polluters, National Grid Gas Plc is not appropriate within the meaning of the Act. The ideal person under the Act must include the original polluters who caused the pollution, those who knowingly permit contamination, the current owners or own premises where pollution is not possible – but would not include the statutory successor of the polluter pays principle

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