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CONTAMINATED LAND LAW All land down to 15 meters with concentrations above Ministry list; Registry owner liable along with those who caused contamination;

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Presentation on theme: "CONTAMINATED LAND LAW All land down to 15 meters with concentrations above Ministry list; Registry owner liable along with those who caused contamination;"— Presentation transcript:

1 CONTAMINATED LAND LAW All land down to 15 meters with concentrations above Ministry list; Registry owner liable along with those who caused contamination; Implemented by local starost; No adjustments for site conditions. Kalwas & Partners Law Office

2 Contaminated Land Law Exemption One-time exemption for landowners who notified June 30, 2004; Contamination must predate this law and be caused entirely by someone else; No indication if other party remains liable; Starost made the decision to exempt; Unclear relationship to other laws. Kalwas & Partners Law Office

3 Old Contamination Rule Contamination occurring entirely before September 1980 does not have to mean numeric standards; Action required if: (a) it is a threat to public; or (b) is in danger of spreading. Normal risk assessment would use conjunctive not disjunctive conditions. Kalwas & Partners Law Office

4 Remedies Precluded by Law Natural attenuation and monitoring; In situ containment; Migration mitigation measures, i.e. limited containment; Kalwas & Partners Law Office

5 Common contaminated sites in Poland Gas stations, over 4,000 potential sites; Dry cleaners, very typical in US; Heavy metal refining and smelting; Chemical manufacturing; Electrical components manufacturing; Wastewater treatment plants; Metal plating and coating plants. Kalwas & Partners Law Office

6 When to call your lawyer: The site of the new summer home on land that your wife just bought to surprise you: Kalwas & Parters Law Office Warsaw, Poland


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