Remediation notices for contaminated land EPA 1990 s. 78E
Enforcing authorities must serve remediation notices on appropriate persons for contaminated land, specifying required actions, deadlines, and cost proportions.
In any case where— any land has been designated as a special site by virtue of section 78C(7) or 78D(6) above, or a local authority has identified any contaminated land (other than a special site) in its area, the enforcing authority shall, in accordance with such procedure as may be prescribed and subject to the following provisions of this Part, serve on each person who is an appropriate person a notice (in this Part referred to as a “remediation notice”) specifying what that person is to do by way of remediation and the periods within which he is required to do each of the things so specified. Different remediation notices requiring the doing of different things by way of remediation may be served on different persons in consequence of the presence of different substances in, on or under any land or waters. Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, the remediation notice served on each of them shall state the proportion, determined under section 78F(7) below, of the cost of doing that thing which each of them respectively is liable to bear. The only things by way of remediation which the enforcing authority may do, or require to be done, under or by virtue of this Part are things which it considers reasonable, having regard to— the cost which is likely to be involved; and the seriousness of the harm, or of the pollution of controlled waters, in question. In determining for any purpose of this Part— what is to be done (whether by an appropriate person, the enforcing authority or any other person) by way of remediation in any particular case, the standard to which any land is, or waters are, to be remediated pursuant to the notice, or what is, or is not, to be regarded as reasonable for the purposes of subsection (4) above, the enforcing authority shall have regard to any guidance issued for the purpose by the Secretary of State. Regulations may make provision for or in connection with— the form or content of remediation notices; or any steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a remediation notice.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When land is identified as contaminated or designated as a special site, the enforcing authority has a legal duty to issue a remediation notice to every person deemed an appropriate person. This notice sets out exactly what cleanup steps must be taken, the standards to be met, and the strict timeframes for completing each action.
The enforcing authority is limited to requiring remediation steps that are reasonable. To assess reasonableness, the authority must balance the financial costs likely to be incurred against the severity of the harm or water pollution involved, while adhering to statutory guidance published by the Secretary of State.
Where responsibility is shared among multiple appropriate persons, the notice details the exact proportion of costs allocated to each person. Authorities can also serve separate notices on different individuals if different contaminating substances are present on the land.
When it applies
- A council orders a former factory owner to clean up toxic chemical residues in soil.
- The Environment Agency serves a notice setting deadlines to clean a designated special site.
- A local authority specifies in a notice how cleanup costs are shared among multiple landowners.
- An enforcing authority serves separate remediation notices on different parties responsible for separate pollutants on the same site.
What this section does not say
- Determining who qualifies as an appropriate person liable for contamination (governed by epa1990s.78f).
- Appealing against the service or terms of a remediation notice (governed by epa1990s.78l).
- Criminal offences and prosecution for failing to comply with a notice (governed by epa1990s.78m).
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 78E in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.