Remediation & Liability
For those who own land or are considering acquisition it is essential that an assessment of the liability associated with contaminated land is made with regards to the potential requirements and financial implications of remediation.
Within the contaminated land regime part of the local authorities’ strategy is required to:-
- Identify contaminated land through a suitably phased site investigation
- Establish responsibilities for remediation of land
- Ensure that appropriate remediation takes place
Within Part IIA the burden of liability should fall on those who “caused or knowingly permitted” the contamination to occur. However, if they cannot be found then the liability will fall on those who own or occupy land. This not only applies to large multi-national companies, but to small and medium sized enterprises (SMEs) and even members of the public.
The need for and scope of remediation is often made via agreement between the local authority and those identified as liable. They then become responsible for the financial burden of the remediation. If this cannot be achieved by mutual agreement then the local authority may serve a remediation notice or use other legal powers to enforce remediation.
It is therefore essential when acquiring land that expert advice is sought to assess the site in terms of its potential to be determined as contaminated land under Part IIA of the contaminated land regime and the need for and scope of any remediation required to address the contamination. Lenders and insurers will also commonly require an assessment of this liability to be performed.
At Terragen our consultants have extensive experience in assessing contaminated land and its associated liability. Our approach to such assessments follows the phased approach as is recommended by the regulatory authorities and is detailed in our Risk Assessment and Investigation section.
If you would like further information or wish to discuss a specific project please contact us at info@terragenenvironmental.co.uk