(3) In determining the appropriate persons, the
EPA is, as far as practicable, to specify a person referred to in subsection
(2) (a) over a person referred to in subsection (2) (b) or (c) and to specify
a person referred to in subsection (2) (b) over a person referred to in
subsection (2) (c).
(4) For the purposes of this section, it is not
practicable to specify a person if--
(a) there is no such person, or
(b) the
EPA cannot, after reasonable inquiry, find out the identity or location of the
person, or
(c) the person, in the opinion of the EPA, is unable to pay the
person's debts or would, if the person took steps to comply with the
management order, become unable to pay the person's debts.
(a) except in the case referred to in paragraph (b)--the Secretary of the
Department of Industry, Skills and Regional Development, or
(b) if a person
is responsible for significant contamination of the land (whether or not there
are other persons who are responsible for such contamination of the land)
because of the operation of section 6 (2) (b)--that person.
Note : A person (including a
public authority) who takes action concerning land may have rights of recovery
against any relevant contaminator of the land--see Division 6.