3. Identify obligations and responsibilities vis-à-vis private-sector entities (civil liability)

3.1 In the absence of a contract

Principle

The conditions under which a classified facility is operated and closed down can cause damage, particularly to local residents. In such cases, victims may be held liable before the civil courts.

Persons sued

The person prosecuted is generally the operator of the facility, i.e. the natural or legal person designated by the declaration receipt, registration order or authorization order.

In some cases, however, it may be shown that a manager, who is not the operator, has personally contributed to the pollution, through abstention or direct intervention. In such cases, the personal liability of the manager may be called into question by the victim(s)...