I am currently looking at a site where an organisation is aware of the
presence of contaminants at their site. They purchased the site from a
third party, who may or may not have caused the contamination. The vendors
sold the site with information and therefore escape liability and are not an
appropriate person. The current owners have not caused any contamination,
but as they are aware of contaminants present in the ground could they be an
appropriate person by virtue that they are a knowing permitter. The
contaminants are not thought to be causing significant harm, but they could
be causing pollution of controlled waters.
I know that an owner/occupier (Class B person) cannot be held liable for
pollution of controlled water, but if they are a knowing permitter, then
they can fall into Class A, and therefore can be held liable.
Is it simply enough to be aware of the presence of the contaminants and not
to do anything about it, even if you believe that they are not part of a
pollutant linkage?
Does anyone know what the courts would consider to be adequate knowledge,
technical ability, finances and practical opportunity? These are all
critical when deciding if someone should be a knowing permitter.
Finally, if that person could have remediated the site but didn't (or
remediated the site but it didn't break all the linkages), and neighbouring
sites were also causing the same pollution of controlled waters, and
therefore any remediation action would not have had an effect on the
receptor, would this exonerate the person from being a Class A person.
Many Thanks
Jonathan Cundall
Scientific Officer (Contaminated Land)
Knowsley Metropolitan Borough Council
'Woodcroft'
9 West Street
Prescot
Merseyside
L34 1LF
Tel: 0151 443 2796
Fax: 0151 431 1977
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