The possibility to direct a claim for remedial treatment against a liquidated company, April 2011
According to both statute and the “polluter pays principle”, the entity which has operated or operates a polluting activity bears the primary liability for investigating and carrying out remedial treatment of a contaminated area. If it is not possible to direct such a remedial claim against a business operator, the authorities may, instead, turn to the owner of the contaminated land. The land owner thus has secondary liability while h the business operator has principal liability. The responsibility for investigating and treating the land has been developed through case law of the Environmental Court of Appeal .It can be concluded that the retroactive liability for treatment has been interpreted much more extensively than is expressly stated in statute.