A property in Alberta has been identified as potentially contaminated due to a former gas station on the site. Under Alberta Environment and Protected Areas regulations, what is the landowner's obligation?
Correct Answer
D) The current landowner may be held responsible for remediation even if they did not cause the contamination
Under Alberta's Environmental Protection and Enhancement Act (EPEA), responsibility for contaminated sites can extend to current landowners even if they did not cause the contamination. The province follows both 'polluter pays' and 'owner responsibility' principles. A Phase I and Phase II ESA should be conducted before purchasing properties with potential contamination, as remediation costs can be substantial.
Why This Is the Correct Answer
Under EPEA, Alberta follows both 'polluter pays' and 'owner responsibility' principles. Section 107 allows the Director to issue environmental protection orders to current landowners regardless of whether they caused contamination. This means purchasing contaminated land can create substantial remediation liability, making Phase I and Phase II ESAs essential pre-purchase due diligence.
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