Subsection IV.
Designation of the liable party


Article 80.

The obligation to immediately carry out the measures to treat the soil contamination in an accident, under the supervision of a soil remediation expert, is applicable to the following person:

1 the operator, stated in Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy, if there is an installation or activity located on the land where the soil contamination has occurred that is subject to the notification or licensing obligation;
2 if there is no operator: the user of the land where the soil contamination has occurred;
3 if there is no operator and user: the owner of the land where the soil contamination has occurred;


Article 81. If the duty-bound party mentioned in article 80 does not act or acts insufficiently, the competent authority orders the person to fulfil his obligations within a specified period of time. If within the time specified the order is not or insufficiently acted upon, the competent authority can in his place ex-officio have the measures mentioned in article 76, 2, implemented, and recover their costs from the duty-bound party in default and the person responsible in accordance with article 16.

Article 82. Whoever in accordance with the provisions of this section incurs costs can recover them from the person who in accordance with article 16 is responsible, and can require an advance payment from the person or requirethat he provides financial security.