The remediation program consists of a series of measures to which the contaminated sites will be subjected to eliminate or reduce the contaminants to a safe level for health and the environment or to prevent their dispersion without modifying them. This program applies to both an environmental emergency and an environmental liability.
An environmental liability should be understood as those sites contaminated by the release of hazardous materials or waste, which were not remediated in a timely manner to prevent the dispersion of pollutants and which imply a remediation obligation.
The remediation programs must contain:
• Characterization studies.
• Environmental risk assessment study.
• Historical investigations.
• Remediation proposal.
Therefore, the obligated subjects are those who are responsible for the contamination of a site, the persons responsible for activities related to the generation and management of hazardous materials and wastes that have caused the contamination of sites with these, the owners or possessors of Private domain properties and the holders of concession areas, whose soils are contaminated, will be jointly liable for carrying out the necessary remediation actions, as well as any natural or legal person who, in terms of the Federal Environmental Responsibility Law, is bound to the presentation of a proposal for remediation of a site contaminated with hazardous materials or waste.
The Programs in question can be carried out by:
• The person responsible for the pollution or environmental damage.
• The technical managers who are designated by the person responsible for the contamination.
By virtue of the foregoing, it is recommended that, in the event that you are subject to the procedure in question, you take care of legal advice, for which the BRIFFAULT ABOGADOS, SC team is at your service to provide appropriate and timely advice in relationship with all the relevant acts, as well as the contentious area to develop means of defense against any act of abuse by the competent authorities in environmental matters.