Contaminated land—enforcing authorities’ options for securing remediation
Contaminated land—enforcing authorities’ options for securing remediation

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Contaminated land—enforcing authorities’ options for securing remediation
  • Requirement for remediation
  • Remediation notices
  • Agreed remediation
  • Remediation by the enforcing authority

Requirement for remediation

Enforcing authorities must ensure that any land they identify as contaminated land under the Environmental Protection Act 1990, Pt IIA (EPA 1990) is remediated to the required standard.

Remediation may be carried out by:

  1. an appropriate person, pursuant to a remediation notice served by the enforcing authority

  2. an appropriate person or some other person, voluntarily or pursuant to some other regime, as long as the enforcing authority is satisfied that appropriate remediation is being, or will be, carried out without the service of a remediation notice

  3. the enforcing authority, where it is the appropriate person or has the power to carry out remediation work itself

According to the Environment Agency's (EA) report on Dealing with contaminated land in England, published in April 2016, at the majority of remediated sites (371/460), the responsibility for carrying out remediation fell to either the Local Authority (LA) or the EA. Of these sites remediation was undertaken:

  1. on an urgent basis (13%)

  2. by the LA via a written agreement with the appropriate person, where they pay the costs (6%)