• What happens if the author of the deposit is unknown?
In most of the cases observed in the territory, people who dump their waste into the wild do so without being seen, although they do not necessarily act hidden. If the law sanctions the producer of the waste and the one who throws it in case of non-compliance with the law, it also sanctions the person owning the site where the waste has been deposited. The Marseille Administrative Court of Appeal indicated this in one of the decisions in March 2015: "in the absence of any producer or any other known holder, the owner of the land on which the waste has been deposited may to be regarded as their holder [according to the environment code] in particular if he has been negligent with regard to abandonment on his land, and therefore be subject to the obligation to dispose of this waste ” . The Council of State also noted it in its judgments also.
Therefore, even if it is not his waste, the owner of the land on which the waste was dumped illegally, can be prosecuted as holder of the waste. And responsible for pollution.
• Can the president of the COM order the removal of waste deposited on private land?
A similar question was asked by a senator in March 2014 to the Minister of the Interior during question and answer sessions to the government. It was answered that "the environment code gives mayors [to the president of the COM in the case of Saint-Martin] prerogatives to put an end to the nuisances caused by the non-maintenance of land in inhabited areas or the deposit irregular waste ”.
The president of the COM can give formal notice to the owner of the land to restore it. If the work has not been completed within the time limit, the president may have the work carried out automatically at the owner's expense.
(source: soualigapost.com)
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