L8 - Contaminated Land Flashcards Preview

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Flashcards in L8 - Contaminated Land Deck (22):
1

What is contaminated land?

Land that threatens to cause harm to the environment or human health

2

What is the pollution linkage?

Source-Pathway-Receptor

3

Which part of EPA 1990 deals with contaminated land?

Part 2A

4

What is a special site?

One that is severely contaminated

5

What happens when the EA is notified of contaminated land?

Notice is served on every owner, occupier and appropriate person

6

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

7

What is remedial action?

The local authority can recover costs from appropriate persons

8

Land is contaminated if...... (4 points)

1. It is causing significant harm
2. SPOSH
3. It is causing pollution of controlled waters 4
4. It is likely to result in pollution of controlled waters

9

What does SPOSH stand for?

Significant Possibility of Significant Harm

10

Which section of Part 2A of EPA 1990 deals with significant harm?

Section 78 (A)

11

What is harm?

Interference's or harm to health to ecological systems, man or property

12

Who undertakes the risk assessment and what do they use?

Local Authority uses SPOSH (Technical Assessment and Balance of Probabilities)

13

What 6 things are considered in a risk assessment?

1. Probability
2. Frequency
3. Occurence
4. Form of Harm
5. Magnitude
6. Seriousness of Impact

14

Do you have to go out on site to conduct the risk assessment?

Yes

15

Give 5 data sources for the risk assessment

1. Employee Interviews
2. Planning Records
3. Hydrology
4. Maps (including historical ones)
5. Former Audits

16

What are Class A appropriate persons?

Those who cause or knowingly permit the contamination

17

What are Class B appropriate persons?

Owners of occupiers of land

18

What an orphan linkage?

When there isn't an appropriate person in either class A or B

19

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

20

What are the 6 exclusion tests for Class A (in order)?

1. Status
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

21

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

22

What are the 2 main cases for Contaminated Land?

1. TRANSO
2. Circular Facilities