Defining the polluter
As the definition of pollution was broadened, so the definition of polluter became 'someone who directly or indirectly damages the environment or who creates conditions leading to such damage' (quoted in JWPTE 2002: 11).
In 1989, when the PPP was extended to cover accidental pollution, the polluter became someone who might cause pollution in the future rather than being limited to someone who was already polluting or had done so in the past (de Sadeleer 2002: 41).However, the question of responsibility for environmental damage is not always so clear cut. Is the polluter the person who disposes of waste in the environment or the person who creates the waste or the person who produces the product that will become waste after use? 'The person in charge of the installation, the manufacturer of the defective plant, and the licence-holder or his representatives may all be liable for pollution.' And what about situations where there are multiple sources of pollution? In this case the regulatory authority might prefer to apply the PPP 'at the point where the number of economic operators is least and control is easiest'. For example, where agricultural chemicals are polluting an area, the authority may target the manufacturer of the chemicals rather than every farmer who has used them (de Sadeleer 2002: 41-2).
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