Behavior Liability and State Liability of Contaminated Site Remediation

According to the legislative clauses and case law of many countries and the Taiwan region,the private responsible parties of the contaminated site remediation generally include polluter and holder of the contaminated site. The holder of the contaminated site is considered to bear the first liability while the polluter bears the ultimate liability. The holder of the contaminated site usually assumes unreal joint and several liability. There are two principles to judge the range of the private: responsible parties. One is Polluter Pays Principle,and the other is Site Controller Pays Principle. Causation is the basis of Polluter Pays Principle which is connected with humans and belongs to behavior liability; while the ownership and possession of the site is the basis of Site Controller Pays which is connected with object and belongs to state liability. Polluter Pays Principle takes primarily and Site Controller Pays Principle works as supplementary,that is,Site Controller Pays Principle can be applied in case it is difficult to apply Polluter Pays Principle. The sequence of the two principles decides priority of behavior liability to state liability.