Private responsibility
Do you run a business that can lead to acute pollution? Then you must ensure preparedness to prevent, detect, stop, remove and limit the effect of the pollution.
Do you run a business that can lead to acute pollution? Then you must ensure preparedness to prevent, detect, stop, remove and limit the effect of the pollution.
If a situation arises with acute pollution or danger of acute pollution, the responsible polluter has a duty to initiate measures. The measures shall prevent or stop the pollution, and remove or limit damage and inconvenience caused by the pollution.
The emergency preparedness is in a reasonable proportion to the probability of acute pollution and the extent of the damage and inconvenience that may occur. Businesses subject to contingency must prepare a contingency plan that is approved by the Norwegian Environment Agency.
The duty to act persists even if the municipality or the state acts.
If the company or person responsible does not implement measures or the measures implemented are not sufficient, the Norwegian Coastal Administration may issue orders. NCA can then order the polluter to come up with an action plan to combat the incident, provide information and implement measures.
NCA may also decide that the state shall lead the operation.
In the event of incidents in the petroleum industry, the responsible operating company shall implement measures. In the event of major spills, the operator company will mobilize the Norwegian Oil Spill Prevention Association (NOFO), which, on behalf of the operators, safeguards their preparedness against acute pollution and implements damage mitigation measures.
The Norwegian Coastal Administration and the oil industry have, through their own planning and training, made preparations for the state to take over the management of the action in the event of an extreme pollution incident from the petroleum industry. Such a takeover is carried out by coordinated action management and does not change the operator's responsibility for its own emergency preparedness, responsibility for the incident itself or the responsibility for the consequences thereof.
In the event of municipal and state actions against acute pollution or the risk of acute pollution, the Norwegian Coastal Administration may order companies to provide equipment and personnel that are part of the company's emergency preparedness.