Article 137. Identification of the fact of environmental damage and the person who caused the environmental damage
1. In case of identification of environmental damage by the person who caused such damage, such person is obliged to:
1) within two hours from the moment of detection, inform the authorized body in the field of environmental protection about the potential fact of causing environmental damage, a preliminary assessment of its nature and scale;
2) no later than one working day after the discovery of the fact of causing environmental damage, begin taking all necessary measures aimed at eliminating (suppressing) the factors that caused it, as well as controlling, localizing and reducing environmental damage, in order to prevent greater environmental damage or harmful effects on the life and (or) public health and the environment Wednesday;
3) comply with the requirements of the authorized body in the field of environmental protection to eliminate (suppress) the factors that caused environmental damage.
2. The authorized body in the field of environmental protection in case it establishes the fact of environmental damage:
1) takes measures to identify the person who is responsible for eliminating environmental damage in accordance with Article 136 of this Code;
2) within two working days after the identification of the person referred to in subparagraph 1) of this paragraph, send to his address a notification on the need to develop and coordinate with the authorized body in the field of environmental protection a remediation program in accordance with Article 139 of this Code.
3. If the person charged with the duty to eliminate environmental damage evades the elimination of such environmental damage, the corresponding obligation is imposed on such person in court upon the claim of the authorized body in the field of environmental protection.
4. If the person responsible for eliminating environmental damage does not comply with a court decision that has entered into force regarding remediation measures within the time period specified in the court decision, or if such person does not take timely measures to eliminate the consequences or remediation and such delay leads to further significant environmental damage or significant harm to life and (or) human health, The authorized body in the field of environmental protection has the right to independently carry out remediation measures and subsequently demand reimbursement of the costs incurred for the implementation of relevant measures.
5. In order to determine claims for the elimination of environmental damage, the authorized body in the field of environmental protection has the right to involve experts from other state bodies regulating the use of relevant types of natural resources, as well as accredited laboratories and external independent experts on a contractual basis to study the environmental damage caused, assess its nature, scale, and develop possible remediation measures. The rules for the involvement of external independent experts, including the qualification criteria for them, are approved by the authorized body in the field of environmental protection.
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