Under the Environmental Damage (Prevention & Remediation) Regulations 2009, Local Authorities can issue remediation notices and the Environment Agency can hand out unlimited fines and, in extreme case, impose prison sentences.
Under the impending Environmental Liability Directive, polluters will be held entirely liable for any damage to the environment including removal of the contamination and reinstatement of the environment.
If the original polluter cannot be traced, and in many instances this is not possible, (perhaps the company is no longer trading) then the current owner or occupier will be faced with the responsibility for cleaning up the site, this can be a lengthy and very costly exercise.