";s:4:"text";s:29932:"Dependent on the legislation item being viewed this may include: All content is available under the Open Government Licence v3.0 except where otherwise stated. In addition to the requirements contained in the primary legislation, operation of the regime is subject to regulations and statutory guidance. If land does become contaminated then your local authority or 16 and Saving Provision) (England) Order, 7.—(1) The grounds of appeal against a remediation notice under section 78L(1) are any of the following:–, (a)that, in determining whether any land to which the notice relates appears to be contaminated land, the local authority–, (i)failed to act in accordance with guidance issued by the Scottish Ministers under section 78A(2), (5) or (6); or. (3) If and insofar as an appeal against a remediation notice is based on the ground of some informality, defect or error in, or in connection, with the notice, the appellate authority shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one. Different options to open legislation in order to view more content on screen at once. Where the authority is precluded by virtue of section 78YB(3)... Where, as a result of a consent given under Chapter... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. 2 pages) Ask a question There are two main parts to the local authority’s duties under Part IIA an inspection function and an enforcement function. that there has been some informality, defect or error in, or in connection with, the notice, in respect of which there is no right of appeal under the grounds set out in sub-paragraphs (a) to (r) above. On 1 April 2000, the Contaminated Land Regulations came into force, implementing Part IIA of the Environmental Protection Act 1990.The regulations place a duty on local authorities to identify any contaminated land in their areas, and bring about its remediation. (2) A person may only appeal on the ground specified in paragraph (1)(d) above in a case where–. (ii)whether by reason of such a failure or otherwise, unreasonably determined that it would decide to seek to recover all of the cost; (o)that in determining a requirement of the notice the enforcing authority failed to have regard to guidance issued by SEPA under section 78V(1); (p)that a period specified in the notice within which the appellant is required to do anything is not reasonably sufficient for the purpose; (q)that the notice provides for a person acting in a relevant capacity(1) to be personally liable to bear the whole or part of the cost of doing anything by way of remediation, contrary to the provisions of section 78X(3)(a); (r)that service of the notice contravened a provision of section 78YB (interaction of Part IIA of the Environmental Protection Act 1990 with other enactments), and–, (i)in a case where sub-section (1) of that section is relied on, that it ought reasonably to have appeared to the enforcing authority that the powers of SEPA under section 27 might be exercised; or, (ii)in a case where sub-section (3) of section 78YB is relied on, that it ought reasonably to have appeared to the enforcing authority that the powers of SEPA or a local authority under section 59 might be exercised; or. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 15.Where the authority is precluded by virtue of section 78YB(3)... 16.Where, as a result of a consent given under Chapter... Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. ... September, 2000 Act 381 was amended in June 2000 by Public Act 145 of 2000, which expanded the level of ... investments and the cleanup of environmental contamination. 1.5 At that time, all local authorities had a statutory duty to prepare a Contaminated Land Inspection Strategy. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Property that is sold, leased or transferred a byLBFTA after the property is in a Brownfield Plan is The EPA is armed with $4.2 million from the Recovery Act to finish the final cleanup phase, which includes removing contaminated soil from residential property and public spaces. Where land is designated as a Special Site, as defined in the Contaminated Land (England) Regulations 2000, the Agency will act as the enforcing authority. This is the original version (as it was originally made). identification and remediation of land where contamination is causing unacceptable risks to defined receptors. Part IIA is further established in Scotland by the Contaminated Land (Scotland) Regulations 2000 (SSI 2000/178), as amended and the Scottish Government’s Statutory Guidance: Edition 2 provides the detailed framework for the definition, identification and remediation of contaminated land. Role of the EPA Manages Significantly Contaminated Land If the EPA has reason to believe that land is contaminated, and that the contamination is significant enough to warrant Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Previously all legal rules with regard to soil protection, including liability for contaminated land, were contained in … (ii)whether, by reason of such a failure or otherwise, unreasonably identified all or any of the land to which the notice relates as contaminated land; (b)that, in determining a requirement of the notice, the enforcing authority–, (i)failed to have regard to guidance issued by the Scottish Ministers under section 78E(5); or. For more information see the EUR-Lex public statement on re-use. (vi) Is owned or under the control of a land bank fast track authority (LBFTA) under the Land Bank Fast Track Act, 2003 PA 258, as amended ( MCL 124.751 through 124.774 ), whether or not it is located within a QLGU. i.3 - NATIONAL OBJECTIVES OF THE NEW REGIME The Government believes contaminated land to be, “an archetypal example of our EB901 Although it was not the cyanide-contaminated soil found elsewhere, the debris did have lead and arsenic levels slightly above Michigan cleanup standards. Contaminated Land FAQ's Introduction The contaminated land regime set out in Part IIA of the Environmental Protection Act 1990, inserted by section 57 of the Environment Act 1995, was introduced in England on I April 2000. Access essential accompanying documents and information for this legislation item from this tab. Contaminated land Under Part IIA of the Environmental Protection Act 1990, Local Authorities in England are given responsibilities for regulating contaminated land. (ii)whether by reason of such a failure or otherwise, unreasonably required the appellant to do anything by way of remediation; (c)that the enforcing authority wrongly determined the appellant to be the appropriate person who is to bear responsibility for anything required by the notice to be done by way of remediation; (d)subject to paragraph (2) below, that the enforcing authority failed to determine that some person in addition to the appellant is an appropriate person in relation to anything required by the notice to be done by way of remediation; (e)that, in respect of anything required by the notice to be done by way of remediation, the enforcing authority failed to act in accordance with guidance issued by the Scottish Ministers under section 78F(6); (f)that, where two or more persons are appropriate persons in relation to anything required by the notice to be done by way of remediation, the enforcing authority–, (i)failed to determine the proportion of the cost stated in the notice to be the liability of the appellant in accordance with guidance issued by the Scottish Ministers under section 78F(7); or. that, in determining whether any land to which the notice relates appears to be contaminated land, the local authority–, failed to act in accordance with guidance issued by the Scottish Ministers under section 78A(2), (5) or (6); or. (s)that there has been some informality, defect or error in, or in connection with, the notice, in respect of which there is no right of appeal under the grounds set out in sub-paragraphs (a) to (r) above. Areas with a long history of industrial production are known as brownfield land. The current contaminated land regime in the UK came into force in April 2000 in the form of Part 2A of the Environmental Protection Act 1990, supplemented by the statutory guidance set out in DEFRA Circular 01/2006 40 (the ‘Statutory Guidance’). The original version of the Contaminated Land Strategy for West Lancashire was produced in response to the new statutory contaminated land regime in England, which came into force on 1 April, 2000 through the Contaminated Land (England) Regulations, 2000 and the Environment Act (Commencement Order No. In Victoria, contamination of land is an indictable offense, the maximum penalty for which is presently AUD36,008, with a daily penalty of AUD182,004 for a continuing offense. contaminated land within the Brownfield Redevelopment Zone (Zone). In 2000, during a soil cleanup action in a city park (Park), a 6-foot layer of household trash was discovered 3-4 feet below the ground surface. whether, by reason of such a failure or otherwise, unreasonably identified all or any of the land to which the notice relates as contaminated land; that, in determining a requirement of the notice, the enforcing authority–, failed to have regard to guidance issued by the Scottish Ministers under section 78E(5); or. No changes have been applied to the text. All local authorities are required to maintain a public register of contaminated land within their borough to comply with Part 2A of the Environmental Protection Act (EPA) 1990 and the Contaminated Land (England) Regulations 2000. However, redevelopment has become more common in the first decade of the 21st century, as developable land has become less available in highly populated areas, … This is the original version (as it was originally made). the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. Contaminated Land Statutory Guidance (PDF, 913KB) Contaminated Land Register. • “contaminated land” is used to mean land which meets the Part 2A definition of contaminated land. Public Act 145 of 2000 Sponsor: Rep. Randy Richardville House Bill 5443 as enrolled Public Act 144 of 2000 Sponsor: Rep. Clark Bisbee House Bill 5444 as enrolled ... redevelopment of contaminated land, especially land in urban areas, so that it can become economically viable. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Many contaminated brownfield sites sit unused for decades because the cost of cleaning them to safe standards is more than the land would be worth after redevelopment, in the process becoming involuntary parks as they grow over. Both the state of Michigan and the EPA have been involved with this site due to the extensive contamination. (ii)whether, by reason of such a failure or otherwise, unreasonably determined the proportion of the cost that the appellant is to bear; (g)that service of the notice contravened a provision of sub-section (1) or (3) of section 78H (restrictions and prohibitions on serving remediation notices), other than in circumstances where section 78H(4) applies; (h)that, where the notice was served in reliance on section 78H(4) without compliance with section 78H(1) or (3), the enforcing authority could not reasonably have taken the view that the contaminated land in question was in such a condition by reason of substances in, on or under the land, that there was imminent danger of serious harm or serious pollution of controlled waters being caused; (i)that the enforcing authority has unreasonably failed to be satisfied, in accordance with section 78H(5)(b), that appropriate things are being, or will be, done by way of remediation without service of a notice; (j)that anything required by the notice to be done by way of remediation was required in contravention of a provision of section 78J (restrictions on liability relating to the pollution of controlled waters); (k)that anything required by the notice to be done by way of remediation was required in contravention of a provision of section 78K (liability in respect of contaminating substances which escape to other land); (l)that the enforcing authority itself has power, in a case falling within section 78N(3)(b), to do what is appropriate by way of remediation; (m)that the enforcing authority has power, in a case falling within section 78N(3)(e), to do what is appropriate by way of remediation; (n)that the enforcing authority, in considering for the purposes of section 78N(3)(e), whether it would seek to recover all or a portion of the cost incurred by it in doing some particular thing by way of remediation–, (i)failed to have regard to any hardship which the recovery may cause to the person from whom the cost is recoverable or to any guidance issued by the Scottish Ministers for the purposes of section 78P(2); or. 1. No changes have been applied to the text. The primary legislation is implemented by the Contaminated Land (England) Regulations 2000 and by DETR Circular DETR: Circular 02/2000: Environmental Protection Act 1990: Part IIA: Contaminated land Practical Law UK Binary Document 8-519-3023 (Approx. Contaminated Land (England) Regulations 2000. contaminated land for England and our first report for Wales, which we have to produce under Part 2A of the Environmental Protection Act 1990. The legislative framework for the management of contaminated land is provided by: Part II A of the Environmental Protection Act 1990. whether, by reason of such a failure or otherwise, unreasonably determined the proportion of the cost that the appellant is to bear; that service of the notice contravened a provision of sub-section (1) or (3) of section 78H (restrictions and prohibitions on serving remediation notices), other than in circumstances where section 78H(4) applies; that, where the notice was served in reliance on section 78H(4) without compliance with section 78H(1) or (3), the enforcing authority could not reasonably have taken the view that the contaminated land in question was in such a condition by reason of substances in, on or under the land, that there was imminent danger of serious harm or serious pollution of controlled waters being caused; that the enforcing authority has unreasonably failed to be satisfied, in accordance with section 78H(5)(b), that appropriate things are being, or will be, done by way of remediation without service of a notice; that anything required by the notice to be done by way of remediation was required in contravention of a provision of section 78J (restrictions on liability relating to the pollution of controlled waters); that anything required by the notice to be done by way of remediation was required in contravention of a provision of section 78K (liability in respect of contaminating substances which escape to other land); that the enforcing authority itself has power, in a case falling within section 78N(3)(b), to do what is appropriate by way of remediation; that the enforcing authority has power, in a case falling within section 78N(3)(e), to do what is appropriate by way of remediation; that the enforcing authority, in considering for the purposes of section 78N(3)(e), whether it would seek to recover all or a portion of the cost incurred by it in doing some particular thing by way of remediation–, failed to have regard to any hardship which the recovery may cause to the person from whom the cost is recoverable or to any guidance issued by the Scottish Ministers for the purposes of section 78P(2); or. Contaminated land contains substances in or under the land that are actually or potentially hazardous to health or the environment. The Contaminated Land (Scotland) Regulations 2000 ( SSI 2000/178) (the 2000 Regulations) made provision in relation to the circumstances in which contaminated land requires to be designated as a special site, and provides for a remediation regime, regulated by the Scottish Environment Protection Agency ( SEPA), in that regard. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Citation, commencement, extent and interpretation, Land required to be designated as a special site, Grounds of appeal against a remediation notice, Notification of Secretary of State’s decision on an appeal. What Do You Need To Do? This item of legislation is currently only available in its original format. The primary legislation contains the structure and main provisions of the regime. included in DETR Circular 2/2000,Environmental Protection Act 1 990: Part IIA - Contaminated Land. These are to: Inspect the district and identify any contaminated land • the Water Management Act 2000, particularly with regard to remediating contaminated groundwater. See section 78X(4) for the definition of “person acting in a relevant capacity”. Land can be contaminated by a variety of substances that pose immediate or long-term risks to human health and the environment. (a)the enforcing authority has determined that that person is an appropriate person by virtue of section 78F(2) and that person claims to have found some other person who is an appropriate person by virtue of that subsection; (b)the notice is served on that person as the owner or occupier for the time being of the contaminated land in question and that person claims to have found some other person who is an appropriate person by virtue of section 78F(2); or. whether by reason of such a failure or otherwise, unreasonably determined that it would decide to seek to recover all of the cost; that in determining a requirement of the notice the enforcing authority failed to have regard to guidance issued by SEPA under section 78V(1); that a period specified in the notice within which the appellant is required to do anything is not reasonably sufficient for the purpose; that the notice provides for a person acting in a relevant capacity(, that service of the notice contravened a provision of section 78YB (interaction of Part IIA of the Environmental Protection Act 1990 with other enactments), and–, in a case where sub-section (1) of that section is relied on, that it ought reasonably to have appeared to the enforcing authority that the powers of SEPA under section 27 might be exercised; or, in a case where sub-section (3) of section 78YB is relied on, that it ought reasonably to have appeared to the enforcing authority that the powers of SEPA or a local authority under section 59 might be exercised; or. 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