Subsection V.
Liability


Artikel 16.

1.

Whoever has caused soil contamination is responsible for the costs made in accordance with this decree for the descriptive soil examination, the land remediation and other measures mentioned in section VI., as well as for damage caused by these activities or measures.

2.

If the emission that caused the soil contamination to occur originated from an installation or activity that is subject to the notification or licensing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy, then the operator of the installation or activity, stated in Title V, is nevertheless liable;

3.

The liability for the costs and further damage, as stated in 1, that the person who satisfies the conditions, as stated in Article 12, 1 or 2, can incur on the basis of the regulations applicable to the present Decree that place the liability purely on ownership or purely on the security of the piece of land is limited to the amount of the costs necessary to prevent the soil contamination from spreading or spreading further or from forming an immediate hazard.


Article 17.

1.

If on the basis of the provisions of this decree a number of persons are responsible for the same soil contamination, they are jointly and severally liable.

2.

In that case, those who have reimbursed the party suffering the damage have recourse against the other liable parties to the extent the different emissions for which they are liable have contributed to the cause of the land contamination.

3.

The provisions of this decree are without prejudice to the possibilities of the person responsible to exercise recourse based on another legal foundation.


Article 18. The provisions of this decree are without prejudice to the other rights of the persons incurring costs or suffering damage as mentioned in article 16, 1, with respect to the causer or other persons.