Malcolm Moss (North East Cambridgeshire, Conservative)

To ask the Secretary of State for Environment, Food and Rural Affairs

(1) who will be responsible for the treatment of contaminated areas in the event that no specific polluter can be identified;

(2) what enforcement measures may be taken against polluters of contaminated land.

Ben Bradshaw (Minister of State (Local Environment, Marine and Animal Welfare), Department for Environment, Food and Rural Affairs; Exeter, Labour)

Part 2A of the Environmental Protection Act (1990) places a duty on local authorities (LAs) in England to identify contaminated land in their area, and to ensure that the appropriate remedial action is taken. Where land has been identified as contaminated, the LA will try to find the person who caused, or knowingly permitted, the presence of the substances causing the problem. If found, they will be required to carry out any necessary remedial works. Where the person responsible cannot be found, for example because a company is no longer in existence, the landowner may be the appropriate person, subject to detailed rules in the Act and the statutory guidance. The guidance (DEFRA Circular 01/2006) is available on the DEFRA website at:

http://www.defra.gov.uk/environment/land/contaminated/pdf/circular01-2006.pdf

The regime allows for voluntary remediation, and also for the relevant LA to carry out remediation on behalf of those considered liable and to recover the cost. As a last resort, the LA can serve a remediation notice requiring work to be done, subject to a right of appeal. Failure to comply with a remediation notice is a criminal offence.