Contaminated land—identifying Class A and B appropriate persons

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Contaminated land—identifying Class A and B appropriate persons
  • Determining liability for remediation
  • Who is an appropriate person?
  • Class A person
  • Cause
  • Knowingly permitting
  • Imputed knowledge
  • Class B person
  • Restrictions on Class B liability
  • Owner
  • More...

Contaminated land—identifying Class A and B appropriate persons

Determining liability for remediation

Identifying the appropriate person(s) who may be liable for remediation under Part IIA of the Environmental Protection Act 1990 (EPA 1990), is the first step in the five step procedure set out in the statutory guidance, which enforcing authorities should follow when determining liability under the EPA 1990, s 78F. Not all stages of the procedure will be relevant in all cases. See Practice Note: Contaminated land—process for determining liability.

Step one requires the enforcing authority to identify:

  1. the appropriate person(s) liable for the costs of remediation, and

  2. the relevant liability group(s)

Questions of hardship are not taken into account at this stage. See Practice Note: Contaminated land—process for determining liability—Hardship considerations.

Who is an appropriate person?

An 'appropriate person' is any:

  1. person who causes or knowingly permits contaminating substances to be in, on or under the land in question (Class A), or

  2. owner or occupier of contaminated land, but only where a Class A person cannot be found (Class B)

An 'appropriate person' may be liable for remediation under the EPA 1990, Pt IIA.

An appropriate person must be in existence, ie a natural person must be alive and a legal person, such as a company, must not have been dissolved.

A company in insolvency, receivership or liquidation still exists and therefore may be an appropriate person.

Popular documents