s 28A The “appropriate person”
(1) Subject to the following provisions of this Article, the appropriate person in relation to any deposit of waste in or on any land is the person (“D”) who deposited the waste. (2) Unless paragraph (3) applies, the appropriate person is the occupier of the land if— (a) D cannot be identified or cannot be found without the enforcing authority incurring unreasonable expense; or (b) the enforcing authority has served a notice under Article 28(1) imposing a requirement on D and— (i) D has failed to comply with that requirement within the period specified in the notice; or (ii) that requirement has been quashed on the ground specified in Article 28(3)(a). (3) The appropriate person is the owner of the land if— (a) there is no occupier of the land or the occupier cannot be found without the enforcing authority incurring unreasonable expense; or (b) the enforcing authority has served a notice under Article 28(1) imposing a requirement on the occupier of the land and— (i) the occupier has failed to comply with that requirement within the period specified in the notice; or (ii) that requirement has been quashed on the ground specified in Article 28(3)(a). (4) This Article applies for the purposes of Article 28. (5) A notice under Article 28(1) which may be served— (a) by virtue of paragraph (1) may not be served by virtue of paragraph (2) or (3); (b) by virtue of paragraph (2) may not be served by virtue of paragraph (3).