Chris
The definitive answer lies in the relevant statutory guidance in
England, Wales and Scotland. The guidance is similar but not identical -
so depending on where your site is you need to look up the relevant Stat
Guidance.
For the record the Water Act 2003 changes have been enacted in Scotland
but not yet in England.
Happy reading!
Paul Nathanail
*** Course Director, Nottingham Masters in Contaminated Land Management
-----Original Message-----
From: Contaminated Land Management Discussion List
[mailto:[log in to unmask]] On Behalf Of Chris
People
Sent: 27 September 2007 17:16
To: [log in to unmask]
Subject: Class B appropriate Persons & Groundwater
Dear all,
having a flick through the old CIRIA C552 - Contaminated Land Risk
Assessment, I noticed in section A2, under appropriate persons it states
[referring to someone who has caused or knowingly permitted the presence
of a contaminant] that:
"If after reasonable inquiry, such a person cannot be found, the owner
or occupier of the land becomes the appropriate person but only in
respect of the land they own or occupy and not for water pollution
issues."
Following legislation changes since the publication (Water Act etc.)
does this still apply?
Therefore if leachable contaminats were found on the occupiers land as a
result of off-site pollution from a 3rd Party, does this mean the
current owner occupier would not be the appropriate person?
Any opinions or experiences greatfully received!
Chris
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