Abatement of pollution in certain areas

(1) Notwithstanding anything to the contrary in these Regulations, where– (a) pollutants have been or are being discharged; (b) a condition of pollution is likely to arise; (c) any industrial waste or potentially hazardous substance appears to have been abandoned or dumped; or (d) any industrial wastes or potentially hazardous substances are being handled in a manner which is likely to cause an environmental hazard, the Department may conduct a clean-up or cause a clean-up to be conducted as the Department considers necessary. (2) The Department may recover any reasonable costs incurred by the Department in taking any action under subregulation (1) from the person who caused the action to be taken or the occupier of the premises on which anything referred to in subregulation (1)(a) to (d) has occurred, in any court of competent jurisdiction as a debt due to the Department. Environmental Protection 137 (3) If the Department cannot recover costs under subregulation (2) from the occupier of the premises on which anything referred to in subregulation (1)(a) to (d) has occurred because the occupier cannot be found the costs shall become a charge on the property of the occupier after an advertisement has been published three times in a newspaper, circulating in the area where the property is situated. (4) The advertisement shall specify– (a) the purpose of the advertisement and the provision of these Regulations under which it is made; and (b) the amount in respect of which the charge is to be imposed; and (c) the land on which the charge is to be imposed.