Industrial activity, inadequate waste management, high levels of urbanization and the lack of sustainable agricultural practices are the main factors of land and soil pollution.
The rules of liability for pollution of the earth's surface are regulated by current legal acts and depend on the time of pollution occurrence:
The Environmental Protection Law Act - covers soil and earth pollution caused before April 30, 2007, called the historical pollution of the earth's surface.
In the area where, prior to April 30, 2007, activities were carried out that could, with high probability, cause historical pollution of the earth's surface, and there are indications of historical pollution of the earth's surface, the Regional Director for Environmental Protection may, by way of a decision, impose on the person ruling the earth's surface obligation to carry out soil and ground contamination tests and remediation.
The Act on the prevention of environmental damage and its repair - covers soil and ground pollution arising after April 30, 2007, i.e. damage to the environment in the earth's surface resulting from activities posing a risk of their occurrence.
In case of environmental damage to the earth's surface after 2007, exists the rule "the polluter pays". This rule was regulated by the above Act. In such a case, the investor who purchased the contaminated property shall not be liable for the contamination of the land he has acquired.
Therefore, such an important element before purchasing real estate should be the identification of contaminated areas.
The contamination of the earth's surface is assessed on the basis of exceeding the permissible content of hazardous substances in the soil or in the ground on the basis of the Regulation of the Minister of the Environment on the method of conducting the assessment of land surface contamination.
This regulation specifies:
In WESSLING Polska we consider each case individually, with the greatest care and in compliance with the requirements of the currently applicable legal regulations.
Please contact us if you have any questions or you want to submit an inquiry.