§ Mr. RedmondTo ask the Secretary of State for the Environment what guidance he proposes to issue under part II of the Environment Bill [Lords] in respect of contaminated land as to (a) the extent of clean-up required, (b) who will set the standards, (c) determining who owns what, (d) determining who cleans up what and (e) determining who pays for what; and if he will make a statement. [28243]
§ Mr. AtkinsClause 54 of the present draft of the Environment Bill which amends the Environmental Protection Act 1990 gives powers to the Secretary of State to issue guidance related to contaminated land as follows
(References are to draft sections of the Environmental Protection Act 1990 as introduced in the House of Commons and amended in Committee).S.78A(2) Guidance on the manner of determining whether land is "contaminated land" within the meaning of the Act.S.78A(8) Guidance on what harm is significant and whether pollution of controlled waters is being or is likely to be caused.S.78B(2) Guidance on the inspection of an area and on the identification of contaminated land and special sites.S.78D(6) Guidance on remediation—what is to be done, standards of remediation, "reasonableness" in relation to cost and seriousness.S.78E(4) Guidance on determining the "appropriate person" on whom to serve a remediation notice where there are two or more persons potentially liable.S.78J(2) Guidance on the recovery of remediation costs and on hardship in this context.S.78K(4) Guidance to the Agency on inspection of special sites and termination of special site status.S.78NN Guidance on the exercise of the Agency's powers and duties.A draft of the guidance on the definition and identification of contaminated land has already been issued. That guidance will be revised in the light of comments received and along with the rest of the guidance listed above will be subject to wide formal consultation as required by clause 54 in creating draft section 78R of the Environmental Protection Act 1990. In addition, section 78N provides for site-specific guidance from the appropriate agency.