Special site adoption and inspection EPA 1990 s. 78Q
Details how the appropriate Agency adopts existing remediation notices if contaminated land becomes a special site under EPA 1990 s. 78Q.
If, in a case where a local authority has served a remediation notice, the contaminated land in question becomes a special site, the appropriate Agency may adopt the remediation notice and, if it does so,— it shall give notice of its decision to adopt the remediation notice to the appropriate person and to the local authority; the remediation notice shall have effect, as from the time at which the appropriate Agency decides to adopt it, as a remediation notice given by that Agency; and the validity of the remediation notice shall not be affected by— the contaminated land having become a special site; the adoption of the remediation notice by the appropriate Agency; or anything in paragraph (b) above. Where a local authority has, by virtue of section 78N above, begun to do any thing, or any series of things, by way of remediation— the authority may continue doing that thing, or that series of things, by virtue of that section, notwithstanding that the contaminated land in question becomes a special site; and section 78P above shall apply in relation to the reasonable cost incurred by the authority in doing that thing or those things as if that authority were the enforcing authority. If and so long as any land is a special site, the appropriate Agency may from time to time inspect that land for the purpose of keeping its condition under review. If it appears to the appropriate Agency that a special site is no longer land which is required to be designated as such a site, the appropriate Agency may give notice— to the Secretary of State, and to the local authority in whose area the site is situated, terminating the designation of the land in question as a special site as from such date as may be specified in the notice. A notice under subsection (4) above shall not prevent the land, or any of the land, to which the notice relates being designated as a special site on a subsequent occasion. In exercising its functions under subsection (3) or (4) above, the appropriate Agency shall act in accordance with any guidance given for the purpose by the Secretary of State.
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 contaminated land subject to a council remediation notice becomes designated as a special site, regulatory responsibility shifts to the appropriate environmental Agency. The Agency may adopt the council's existing remediation notice. Doing so does not invalidate the original notice, which takes effect as an Agency notice from the moment of adoption.
If a local council has already begun remediation work before the site becomes a special site, the council is permitted to finish that work. It retains the power to recover its reasonable costs for those specific actions as if it were still the enforcing authority.
The Agency is authorized to inspect special sites to monitor their condition and may end a land's special site designation by giving notice to the Secretary of State and the council. The Agency must follow ministerial guidance when carrying out inspections or ending designations.
When it applies
- An environmental agency takes over enforcement of an existing remediation notice after land is classified as a special site.
- A local council finishes clean-up work it already started on land that later became a special site and seeks cost recovery.
- An agency official inspects a designated special site to review whether its environmental condition has changed.
- The agency formally terminates a land parcel's special site status by serving notice to the Secretary of State and the local council.
What this section does not say
- How land is initially identified and designated as a special site, which is covered under epa1990s.78c.
- Appealing against a remediation notice, which is governed by epa1990s.78l.
- General rules and restrictions on issuing remediation notices, which are set out under epa1990s.78h.
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This page reproduces the text of EPA 1990 s. 78Q 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.