Sols pollués : qui est responsable de l'élimination des déchets ?

Polluted soil: who is responsible for the disposal of waste?

by gmorales on 3 June 2013 | Category: Public Law
Sols pollués : qui est responsable de l'élimination des déchets ? Sols pollués : qui est responsable de l'élimination des déchets ?

Polluted soil: who is responsible for the disposal of waste?

Responsibility of the owner of the land in the absence of known producers or holders

The person responsible for waste within the meaning of Article L. 541-3 of the Environmental Code, as interpreted in the light of the provisions of Directive 2006/12 / EC of 5 April 2006, means the only producers or other holders of the waste. If, in the absence of any producer or any other known holder of waste, the owner of the land on which these wastes are stored may be regarded as their holder within the meaning of Article L. 541-2 of the Code of the environment, including negligent abandonment of the land and, as such, subject to the obligation to dispose of such waste, the landowner's responsibility for waste is only subsidiary to that incurred by the producer or other holders of that waste and may be investigated if it appears that any other holder of that waste is unknown or has disappeared.