Contaminated land strategy

9.1 Remediation Notices

Where the Council has identified contaminated land and established the appropriate person(s) the Council shall serve on each appropriate person a ‘remediation notice’ specifying what that person is to do by way of remediation and the periods within which that person is required to do each of the things so specified.

Remediation notices will be served only as a last resort (notwithstanding urgent cases), and then only after the consultation processes and required considerations have been completed. Notices will be authorised after two tests are satisfied:

• that the remediation actions will not be carried out otherwise; and
• that the Council has no power to carry out the work itself

If these are met the Council will serve a remediation notice on each appropriate person. Notice cannot be served less than three months after formal notification that the land is contaminated, unless urgent action is deemed necessary (where there is an imminent risk of serious harm).

9.2 Remediation Statements

Before the Council can serve a Remediation Notice it will first determine whether it has the power to carry out any of the remediation actions itself. There are five specified circumstances where this may be the case:

• where urgent action is required (see below)
• where no appropriate person can be found
• where one or more appropriate persons are excluded (e.g. on hardship grounds)
• where the local authority has made an agreement with the appropriate person(s) that it should carry out the remediation; and
• in default of a remediation notice.

In these circumstances the Council (where it is the enforcing authority) shall prepare a Remediation Statement specifying the works that will be undertaken and when they will take place.

Urgent action is required where the Council is satisfied that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused by contaminated land. In such circumstances the procedures identified in the statutory guidance will be followed which may involve forced entry into the premises. Section 108 of the Environment Act 1995 gives the Council power to authorise, in writing, “suitable persons” to investigate potentially contaminated land. These powers are extensive and will be considered in detail with the Council’s Solicitor prior to any resisted entry being attempted.

The terms “imminent” and “serious” are not defined, so local authorities are advised to use the normal meaning of the words. In appropriate cases the Council will seek to recover costs of remediation works it has completed.

9.3 Remediation Declarations

In circumstances where the only things by way of remediation which may be done are things that the Council considers are unreasonable having regard to the cost which is likely to be involved and the seriousness of harm, or of the pollution of controlled waters, it shall prepare a Remediation Declaration. This shall record the reason why the Council would have specified that remediation and the grounds on which it is satisfied that it is precluded from specifying that remediation.