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Emerald Group Publishing Limited
Copyright © 2000, MCB UP Limited
Keywords Contaminated land, Environmental Protection Act 1990
The long awaited contaminated land provisions of the Environmental Protection Act 1990 came into force on 1 April 2000. The new definition of contaminated land is intended to cover only those sites which are more seriously contaminated. The Environment Agency, or more usually local authorities, now have power to act immediately where urgent action is required, serve a remediation notice requiring clean-up and to act where no appropriate person can be found. The appropriate person includes owners, occupiers and mortgagees in possession. Enforcing authorities are under a duty to maintain a permanent register of contaminated sites and can recover costs from the appropriate person. It is a criminal offence not to comply with a remediation notice and where the offence is committed in respect of commercial premises the maximum fine is £20,000 with additional daily penalties of £2,000 while the failure continues.