Environmental Protection Act 1990 - Part IIA Contaminated Land: statutory guidance edition 2

This document promulgates revised statutory guidance for the operation of the contaminated land regime following implementation of the Contaminated Land (Scotland) Regulations 2005. It replaces the earlier 2000 version.

14 - Variations in Remediation Requirements

14.1 It may become apparent, whilst REMEDIATION ACTIONS are being carried out, that the overall REMEDIATION SCHEME for the RELEVANT LAND OR WATERS is no longer appropriate. For example:

(a) further SIGNIFICANT POLLUTANT LINKAGES may be identified, requiring further REMEDIATION ACTIONS to be carried out;

(b) a REMEDIATION ACTION which is being carried out may be discovered to be:

(i) ineffective, given the circumstances of the RELEVANT LAND OR WATER ENVIRONMENT,

(ii) unsafe, in terms of pollution or health and safety risks, given the circumstances of the RELEVANT LAND OR WATER ENVIRONMENT, or

(iii) unnecessary, in the light of new information about the condition of the land; or

(c) a further REMEDIATION ACTION may be identified which would be reasonable and would achieve a purpose which could not previously be achieved by any reasonable REMEDIATION ACTION.

14.2 If other REMEDIATION ACTIONS are identified as being appropriate, this may require the preparation and publication of a new REMEDIATION STATEMENT or the serving of a new REMEDIATION NOTICE.


Email: Central Enquiries Unit ceu@gov.scot

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