Contaminated land—enforcing authorities' costs recovery for remediation work


Published by a ³ÉÈËÓ°Òô Environment expert
Practice notes

Contaminated land—enforcing authorities' costs recovery for remediation work


Published by a ³ÉÈËÓ°Òô Environment expert

Practice notes
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When can Costs be recovered by an enforcing authority?

Subject to sections 78J(7) and 78K(6) of the Environmental Protection Act 1990 (EPA 1990), an enforcing authority is entitled to recover its reasonable costs from the appropriate person(s) where it has carried out Remediation work pursuant to its powers under EPA 1990, s 78N(3)(a), (c), (e) and (f):

  1. •

    where there is imminent danger of serious harm, or serious pollution of controlled waters

  2. •

    a person fails to comply with any of the requirements in a remediation notice

  3. •

    it would decide, due to hardship considerations, not to recover some or all of its costs (eg it may be able to recover its costs where it is entitled to recover a portion of those costs)

  4. •

    no appropriate person, in relation to a particular thing, has been found after reasonable inquiry (eg it may be able to recover its costs if an appropriate person is later found)

Where there are two or more appropriate persons, the enforcing authority may recover its costs from those persons

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Contaminated land definition
What does Contaminated land mean?

Any land in such a condition that significant harm is being caused or there is a significant possibility of such harm being caused.

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