74WRecovery of costs by certain persons from polluter

74W Recovery of costs by certain persons from polluter

(1)  In this section –

polluter, in relation to an area of land in respect of which a notice has been issued, means a person on whom the Director has served, or is or was entitled to serve, a notice in respect of that area of land under section 74E(2) or (5) , section 74F(2) or (5) or section 74G(2)(a) or (c) ;

prescribed person means –

(a) a person who has incurred costs in complying with a notice; or

(b) a person from whom the Director has recovered costs under section 74U in respect of an area of land;

recoverable sum, in relation to a prescribed person, means –

(a) the reasonable costs incurred by the prescribed person in complying with a notice; or

(b) the costs recovered by the Director under section 74U from the prescribed person together with the reasonable costs incurred by the prescribed person in paying to the Director the costs so recovered.

(2)  A prescribed person may recover as a debt from a polluter that proportion of the recoverable sum that is the same as the proportion of the responsibility the polluter bears for the area of land in respect of which the relevant notice was issued being, or possibly being, a contaminated site.

(3)  Subsection (2) does not apply to a prescribed person who has accepted responsibility for the management of the pollution of the area of land (including responsibility for the costs of that management), either specifically or as part of a more general acceptance of responsibility in relation to the pollution of the area of land.

(4)  If –

(a) the prescribed person provides the polluter with a letter demanding the payment of that proportion of the recoverable sum that may be recovered from the polluter under ; and