Significant contaminant linkage meaning

Determining liability Enforcing authorities are expected to make use of the five-step process set out in the statutory guidance when determining liability under section 78F of the Environmental Protection Act 1990 (EPA 1990). Not every stage of that process will be applicable in all cases. See Practice Note: Contaminated land—process for determining liability. Step two applies only where a site has more than one significant contaminant linkage (SCL). At that point, the enforcing authority must identify which remediation actions correspond to each SCL present on the site. For details, see: Contaminated land—risk assessment—What is a contaminant linkage?...

Determining liability Enforcing authorities should adhere to the five-step procedure set out in the statutory guidance for deciding liability under section 78F of the Environmental Protection Act 1990 (EPA 1990). Not every stage of that approach will be relevant in all matters. See Practice Note: Contaminated land—process for determining liability. At step five, the enforcing authority must divide liability between the remaining members of each liability group. If a liability group has only one remaining member, that person is responsible for the whole of the costs allocated to that group. If a liability group has two or more remaining members, the enforcing authority should apply the guidance on apportionment. Different considerations apply to Class A liability groups and Class B liability groups. Class A persons General principles When apportioning liability within a single Class A liability group, the enforcing authority must decide the proportion of costs each member should bear, having regard to the relative degree to which each...

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...