Decision details
Cost recovery policy for remediation of contaminated land in Bath & NE Somerset
Decision Maker: Cabinet Single-Member Decision
Decision status: Implemented
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
Statutory guidance made under the Environmental Protection Act 1990 recommends that local authorities should adopt cost recovery policies to provide a framework of financial assistance for those persons who are required to remediate land that has been determined as contaminated land by the Council
Decision:
The Cabinet members have agreed that the policy for the recovery of costs associated with the remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 is adopted with the following amendments:
A statement is inserted that the Council will review the policy at regular intervals.
A statement is inserted that the Council is not liable for remediation costs for contaminated land (except where it was the original polluter of the contamination).
Reasons for the decision:
The adoption of this policy is necessary to comply with the hardship provisions laid out in the Environmental Protection Act 1990 and associated statutory guidance. Without such a policy, the Council may not be eligible for any future funding from DEFRA.
Alternative options considered:
None
Publication date: 20/08/2010
Date of decision: 11/08/2010
Effective from: 28/08/2010
Accompanying Documents:
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