THE BROAD CONSEQUENCES OF A SPILL

Adler and Allan’s Mike Prendergast and Burges Salmon’s Simon Tilling outline the legal and other implications of a spill and the importance of having an adequate emergency response plan in place Site operators should be aware of the legal, as well as practical implications of a spill. Environmental and health and safety law imposes certain duties on site operators which, if not complied with, can result in legal proceedings, fines and reputational damage. In addition to the time and expense involved in containing and cleaning up a spill, a spill into the environment can have a number of legal implications. These should be considered by businesses responsible for storing, using or transporting potentially polluting materials. While typically hazardous substances such as oils, certain chemicals and pesticides are widely understood to result in pollution if released into the environment, other substances such as food products and beverages can also have a detrimental effect and be caught by relevant environmental legislation.   CRIMINAL LIABILITY A spill of a substance capable of harming the environment could result in a criminal prosecution by the relevant regulator...