Flashcards in L8 - Contaminated Land Deck (22):
What is contaminated land?
Land that threatens to cause harm to the environment or human health
What is the pollution linkage?
Which part of EPA 1990 deals with contaminated land?
What is a special site?
One that is severely contaminated
What happens when the EA is notified of contaminated land?
Notice is served on every owner, occupier and appropriate person
Give 3 points about remediation notices
1. The local authority serves remediation notices on every appropriate person and the notice specifies remediation methods and timeframes
2. Can be appealed within 21 days
3. It is a criminal offence to not comply unless there is a reasonable excuse
What is remedial action?
The local authority can recover costs from appropriate persons
Land is contaminated if...... (4 points)
1. It is causing significant harm
3. It is causing pollution of controlled waters 4
4. It is likely to result in pollution of controlled waters
What does SPOSH stand for?
Significant Possibility of Significant Harm
Which section of Part 2A of EPA 1990 deals with significant harm?
Section 78 (A)
What is harm?
Interference's or harm to health to ecological systems, man or property
Who undertakes the risk assessment and what do they use?
Local Authority uses SPOSH (Technical Assessment and Balance of Probabilities)
What 6 things are considered in a risk assessment?
4. Form of Harm
6. Seriousness of Impact
Do you have to go out on site to conduct the risk assessment?
Give 5 data sources for the risk assessment
1. Employee Interviews
2. Planning Records
4. Maps (including historical ones)
5. Former Audits
What are Class A appropriate persons?
Those who cause or knowingly permit the contamination
What are Class B appropriate persons?
Owners of occupiers of land
What an orphan linkage?
When there isn't an appropriate person in either class A or B
What is a liability group?
When there is more than one appropriate person and the LA must determine who is liable using exclusion tests in order to proportionally divide up the clean up
What are the 6 exclusion tests for Class A (in order)?
2. Payments for the purpose of remediation
3. Sold with Information
4. Chemical reactions
5. Did not cause/knowingly permit the escape
6. Creation of pathway/linkage through engineering/building works
Give 3 points about Class B Exclusions
1. If there are multiple owners and occupiers they are all innocent
2. Remediation increases land value so clean up cost should be proportionate to interest
3. Those with no share in the land such as tenants are exempt