When a site is identified as being contaminated, steps are taken to have the site 'remediated', or brought to a condition that does pose a risk of harm.
Local authorities are required to undertake inspections from time to time to identify contaminated land in their area.
What is contaminated land?
Contaminated land is any land where:
- significant harm is being caused or there is a significant possibility of harm being caused to humans, animals, ecological systems, plants or property, or
- pollution of controlled waters is being, or is likely to be, caused.
Sites identified as contaminated
Responsibility for cleaning up the land
South Staffordshire Council will identify the appropriate person(s), who are liable for the remediation of the land. This could be either a:
-
class A - appropriate persons are those who cause or knowingly permit the pollutants to be in, on or under the land
-
class B - appropriate persons who are the owners or occupiers of the land
Where an appropriate person can no longer be found (the person may have died, or their company gone into liquidation) we may be required to take on the missing person's share of liability and undertake the remedial works ourselves.
Any other appropriate persons for the identified contaminated land will still be required to pay their share of the remediation costs.
Public register
Currently South Staffordshire has no entries on the public register.
When we have determined who is responsible, we will make requirements for the site to be remediated.
We will try to find an informal solution in the first instance. If this cannot be achieved we have enforcement powers to bring about a resolution.
Whichever solution is chosen details of the action will be entered onto a public register.
Does this apply to me?
The contaminated land regime has implications for those who cause or knowingly permit land to be contaminated, or who own or occupy land that is contaminated.
This has greater relevance for those in business who may operate a process that could cause contamination. For more information please see NetRegs environmental guidance.
For home owners who may find themselves in the unlikely situation of being responsible, we have to be fair as to how remediation costs are apportioned. We are governed by strict guidelines. Each case is dealt with individually.
Requests for Information - house purchases
The contaminated land regime has implications for those who cause or knowingly permit land to be contaminated, or who own or occupy land that is contaminated.
This has greater relevance for those in business who may operate a process that could cause contamination. For more information please see https://www.netregs.org.uk/
For home owners who may find themselves in the unlikely situation of being responsible, we have to be fair as to how remediation costs are apportioned. We are governed by strict guidelines. Each case is dealt with individually.