ABSTRACT
Where land has been designated as a special site or as contaminated land the enforcing authority has a duty to serve on the ‘appropriate person’ a ‘remediation notice’ specifying what is to be done by way of remediation and within what period (s 78E(1)). Remediation notices cannot be served in circumstances that are covered by existing regulatory controls (s 78YB) . Thus they cannot be served where the situation is amenable to the IPPC system, where the activity is controlled by a waste management licence; covered by a discharge consent under the Water Resources Act 1991; or where the contamination is caused by radioactivity. See Chapter C of Annex 3 to the Circular.
