Responsabilidad en la limpieza y recuperación de los suelos declarados contaminados o alterados en la normativa de suelos contaminados

Abstract

Decontaminating polluted land frequently implies investing a substantial amount of money. According to the Spanish and Basque Soil Pollution Law, in first place, the polluter and, subsidiarily, the owner and the holder of the land, are responsible for restoring the so-declared contaminated soil. Often, the liability to decontaminating polluted land implies paying a big amount of money. In spite of the fact that generally in the Environmental Liability Law is becoming more common to set an objective liability system, the Basque Soil Pollution Law has established, for most of the cases, a subjective system. Thus, it takes into account if the polluter acted with malice or negligence. However, in application of the Spanish Soil Polluted Law and the Environmental Liability Law, the ones who are responsible for decontaminating the sodeclared polluted soil will be subjected to an objective responsibility system.