[78P Recovery of, and security for, the cost of remediation by the enforcing authority]
Environmental Protection Act 1990 (1990 c 43) | Legislation

[78P  Recovery of, and security for, the cost of remediation by the enforcing authority]

[(1)     Where, by virtue of section 78N(3)(a), (c), (e) or (f) above, the enforcing authority does any particular thing by way of remediation, it shall be entitled, subject to sections 78J(7) and 78K(6) above, to recover the reasonable cost incurred in doing it from the appropriate person or, if there are two or more appropriate persons in relation to the thing in question, from those persons in proportions determined pursuant to section 78F(7) above.

(2)     In deciding whether to recover the cost, and, if so, how much of the cost, which it is entitled to recover under subsection (1) above, the enforcing authority shall have regard–

(a)     to any hardship which the recovery may cause to the person from whom the cost is recoverable; and

(b)     to any guidance issued by the Secretary of State for the purposes of this subsection.

(3)     Subsection (4) below shall apply in any case where–

(a)     any cost is recoverable under subsection (1) above from

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