Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
View all Glossary Terms Related Content
Related Glossary Terms
CASE STUDY
“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”
RWEAccess all documents on Orphan linkage
Orphan linkage meaning
Published by a LexisNexis Environment expert
What does Orphan linkage mean?
In contaminated land practice, an orphan linkage is a significant pollutant linkage (source-pathway-receptor) where no liable appropriate person can be identified, or all would-be liable persons are excluded by the statutory exclusion tests. The expression is used in statutory guidance under Part IIA of the Environmental Protection Act 1990 (England and Wales) and equivalent Scottish guidance.
If a significant pollutant linkage is orphaned — i.e. neither a Class A polluter nor the fallback Class B owner/occupier remains after the tests — the enforcing authority (the local authority, or the Environment Agency/Natural Resources Wales/SEPA for special sites; district councils/NIEA in Northern Ireland) arranges remediation and generally bears the reasonable costs, with only limited scope to recover expenses. Orphan status is central to liability allocation, decisions on remediation notices, and applications for public funding.
Usage is broadly consistent across England and Wales and Scotland. Northern Ireland operates a corresponding contaminated land regime under the Waste and Contaminated Land (Northern Ireland) Order 1997; the concept is recognised although terminology may vary. Ireland has no Part IIA-style regime and orphan linkage is not a statutory term; analogous issues fall under the Waste Management Acts, the EPA Acts and the Environmental Liability Directive.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
View the related Practice Notes about Orphan linkage
PRACTICE NOTES
Contaminated land: attributing and apportioning costs of common and collective remediation actions between Class A and Class B groups under EPA 1990 s78F
Determining liability Enforcement bodies are to use the statutory guidance’s five-step method for deciding liability under section 78F of the Environmental Protection Act 1990 (EPA 1990). Not every stage will be applicable in every matter. Refer to Practice Note: Contaminated land—process for determining liability. At step three, the authority must apportion responsibility for shared actions among liability groups. This step is not relevant where there is: a single significant contaminant linkage (SCL), as that group must meet the entire cost of any remediation; an orphan linkage, because the authority may undertake the remediation itself at its own expense; a single-linkage action, as that liability group is liable for all remediation costs. ‘Attribution’ is engaged where a single remediation measure is a ‘shared action’ tied to two or more SCLs...
21 May
Read More 
PRACTICE NOTES
Contaminated Land Orphan Linkages: Definition and Remediation Cost Allocation Between Enforcing Authorities and Class A and B Liability Groups (Single, Shared and Collective Actions)
What is an orphan linkage? An ‘orphan linkage’ exists when no suitable persons are identified for a significant contaminant linkage (SCL). This situation may arise in the following specific circumstances: the SCL pertains solely to pollution of controlled waters and no Class A person can be located neither Class A nor Class B persons can be found those who would otherwise be responsible are exempt under one of the relevant statutory provisions Who pays for remediation where there is an orphan linkage? Who pays for the remediation of orphan linkages depends on how many SCLs are present on site, and how the remediation actions...
21 May
Read More 
