L8 - Contaminated Land

Question 1

What is contaminated land?

Answer 1

Land that threatens to cause harm to the environment or human health

Question 2

What is the pollution linkage?

Answer 2

Source-Pathway-Receptor

Question 3

Which part of EPA 1990 deals with contaminated land?

Answer 3

Part 2A

Question 4

What is a special site?

Answer 4

One that is severely contaminated

Question 5

What happens when the EA is notified of contaminated land?

Answer 5

Notice is served on every owner, occupier and appropriate person

Question 6

Give 3 points about remediation notices

Answer 6

1. The local authority serves remediation notices on every appropriate person and the notice specifies remediation methods and timeframes
2. Can be appealed within 21 days
3. It is a criminal offence to not comply unless there is a reasonable excuse

Question 7

What is remedial action?

Answer 7

The local authority can recover costs from appropriate persons

Question 8

Land is contaminated if…… (4 points)

Answer 8

1. It is causing significant harm
2. SPOSH
3. It is causing pollution of controlled waters 4
4. It is likely to result in pollution of controlled waters

Question 9

What does SPOSH stand for?

Answer 9

Significant Possibility of Significant Harm

Question 10

Which section of Part 2A of EPA 1990 deals with significant harm?

Answer 10

Section 78 (A)

Question 11

What is harm?

Answer 11

Interference’s or harm to health to ecological systems, man or property

Question 12

Who undertakes the risk assessment and what do they use?

Answer 12

Local Authority uses SPOSH (Technical Assessment and Balance of Probabilities)

Question 13

What 6 things are considered in a risk assessment?

Answer 13

1. Probability
2. Frequency
3. Occurence
4. Form of Harm
5. Magnitude
6. Seriousness of Impact

Question 14

Do you have to go out on site to conduct the risk assessment?

Answer 14

Yes

Question 15

Give 5 data sources for the risk assessment

Answer 15

1. Employee Interviews
2. Planning Records
3. Hydrology
4. Maps (including historical ones)
5. Former Audits

Question 16

What are Class A appropriate persons?

Answer 16

Those who cause or knowingly permit the contamination

Question 17

What are Class B appropriate persons?

Answer 17

Owners of occupiers of land

Question 18

What an orphan linkage?

Answer 18

When there isn’t an appropriate person in either class A or B

Question 19

What is a liability group?

Answer 19

When there is more than one appropriate person and the LA must determine who is liable using exclusion tests in order to proportionally divide up the clean up

Question 20

What are the 6 exclusion tests for Class A (in order)?

Answer 20

1. Status
2. Payments for the purpose of remediation
3. Sold with Information
4. Chemical reactions
5. Did not cause/knowingly permit the escape
6. Creation of pathway/linkage through engineering/building works

Question 21

Give 3 points about Class B Exclusions

Answer 21

1. If there are multiple owners and occupiers they are all innocent
2. Remediation increases land value so clean up cost should be proportionate to interest
3. Those with no share in the land such as tenants are exempt

Question 22

What are the 2 main cases for Contaminated Land?

Answer 22

1. TRANSO

2. Circular Facilities