Health, Safety and Environment Legislation: A Pocket Guide

Chapter 11: Waste

11.1 Contaminated Land

LEGISLATION

  • Environmental Protection Act 1990 Part IIA: Contaminated Land.

  • Contaminated Land (England) Regulations 2000 (SI 2000 No. 227).

  • Contaminated Land (Scotland) Regulations 2000 (SSI 2000 No. 178).

  • Contaminated Land (Wales) Regulations 2001 (SI 2001 No. 2197).

KEY DATES

  • In force from 1/4/00 (England only).

  • In force from 14/7/00 (Scotland only).

  • In force from 1/7/01 (Wales only).

PURPOSE

  • Part IIA creates a new framework for the identification and remediation of contaminated land, which is underpinned by the new Regulations.

APPROACH

  • Local authority must inspect area "from time to time" to identify contaminated land and land suitable for designation as "special sites" (which are subject to control by Environment Agency). The latter are now prescribed by the new 2000 Regulations.

  • Establishes procedures for remediation, including consultation process and serving of remediation notice by relevant enforcing authority on "appropriate person(s)", specifying remediation work to be carried out and the deadline for doing so. Procedures relating to the remediation notices are set out in the new 2000 Regulations.

REGULATORY AUTHORITY

  • Local authority.

  • Environment Agency (for special sites).

COVERAGE

  • Contaminated land defined as land in such a condition, by reason of substances in, on or under land that (a) significant harm is being caused or significant possibility of such harm being caused; or (b) pollution of controlled waters, is being, or is likely to be caused.

  • "Special sites" (more potentially polluting landfills) are prescribed by Regulations 2 and 3, and Schedule 1 of the new 2000 Regulations. These are sites upon which...

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