asked Her Majesty's Government:
Further to the Answer by Lord Rooker on 28 March 2007 (Official Report, col. 1645), whether the Environment Agency Wales has obtained clarification of the liabilities of Solutia Incorporated or Monsanto under Part IIA of the Environmental Protection Act 1990 in relation to pollution at Brofiscin Quarry; and, if so, what are these liabilities. [HL4581]
I have been informed by the Environment Agency Wales that before the full extent of liabilities for remediating Brofiscin Quarry can be established, the Environment Agency must determine the “appropriate person or persons”. The Environment Agency has completed its investigations but has not yet formally made a determination, although it expects to do so shortly in compliance with the relevant legislation and statutory guidance.
asked Her Majesty's Government:
Further to the Answer by Lord Rooker on 28 March 2007 (Official Report, col. 1645) and the Written Answer by Lord Rooker on 2 April (WA 184), whether, in the light of the United States Bankruptcy Court's approval of the agreement designating Brofiscin Quarry as a legacy site, there are any impediments to the enforcement of the Environmental Protection Act 1990 to recover the costs of remediation of that site. [HL4582]
I have been informed by the Environment Agency Wales that the agreement made between Solutia Inc and Monsanto in the US Bankruptcy Court does not impede the Environment Agency’s ability to enforce the provisions of Part IIA of the Environmental Protection Act as these apply to Brofiscin Quarry.