News
Costs for the decontamination of an area are to be borne by the responsible subject
- 09/07/2018
By Judgment no. 144 of 18th January 2018, the TAR Lombardia has stated that the owner of a contaminated area has to carry out those precautionary measures which are suitable to avoid the occurrence, in the very near future, of a harmful event.
In the case at issue, the prescriptions contained in the decree impugned by the owner of the polluted area did not aim to avoid an upcoming harmful event, but concerned the execution of long-lasting safety and security measures.
The TAR Lombardia has then ruled that art. 242 of legislative decree no. 152/2006 is to be applied. According to the said article, works and costs for the decontamination of a polluted area are to be borne by the responsible subject and not by the owner of the area.
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