Yes - contractual arrangements may make the head contractor liable for managing the site and waste or obtaining and ensuring compliance with discharge licenses. However, if your company for instance, directly or indirectly causes or permits polluting substances to enter a water course, then your company can be prosecuted.

Seek advice before entering into any such contract.

You should be aware that responsibility for polluting substances, which lie in or on the land,  (whether you know about them or not) rests on the owner or occupier of the land under the Environmental Protection Act 1990 and the Environment Act 1995.

The cost of compliance with the clean up provisions is potentially a major liability and any 'tainted' land may be difficult to sell or mortgage. Additionally, you may be liable to neighbouring owners if polluting substances are found to have 'leaked' from your property to theirs. If the original cause of the contaminative substances can be found, that person or company could be liable but in cases of historic pollution they may be difficult to trace or be insolvent, in which case liability could rest with yourself.

Please contact us for advice or assistance if you are notified of any contaminative substances affecting your property, notices of works or prosecution by the enforcement authorities, or when you are purchasing or leasing land (when an environmental survey can be organised).

You should contact the environmental health department of your local authority or the Environment Agency and the police.

You should not touch any tipping if on visual inspection it appears hazardous or otherwise disturb the site, until you have been given clearance to do so.

Fly tipping is a criminal offence and to assist in the future you should, if possible, record details of the time, where the incidents happened and take photographic evidence.

Under regulations implemented in European legislation, companies which have an annual turnover of £2m or over and handle 50 metric tons of packaging in any calendar year, have to comply with certain obligations, register with the Environment Agency and obtain accreditations.