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Will As Paul Morgan rightly points out, it is an offence under S108 of the Environment Act 1995. More specifically, it is detailed in S110 of the Act that: It is an offence for a person, without reasonable excuse to: fail to comply with any requirement imposed under S108; fail or refuse to provide facilities or assistance or any information or to permit an inspection reasonably required by an authorised person in the execution of his powers or duties under that section. These should give you sufficient powers to force remediation to occur. You are also entitled to take with you a constable, if you have reasonable cause to apprehend any serious obstruction in the execution of your duty. If this position persists for some time, there is the possibility that this person could become an appropriate person, because he has knowingly permitted the continued presence of a pollutant. He may be liable for the remediation of any further contamination which has occurred as a result of the continued presence of the pollutant. This is covered in sections D78 and D84 of the Circular. Have you considered approaching this person's mortage company? They may be able to grant rights (see Annex 4 chapter 30 of the Circular). Finally, what powers does the council have under emergency planning legislation? There must be powers of evacuation for major incidents. Good Luck Jonathan Cundall Scientific Officer (Contaminated Land) Knowsley Metropolitan Borough Council 'Woodcroft' 9 West Street Prescot Merseyside L34 1LF Tel: 0151 443 2796 Fax: 0151 431 1977 Any opinions expressed in the E-Mail are those of the individual writer of it and are not necessarily the Council's unless specifically stated otherwise. This e-mail and any attachments are confidential and may also be privileged. If you are not the intended recipient you should not copy or use any part of it or disclose its contents to any person. If you have received it in error please notify the sender immediately. This e-mail and any attachments are believed to be virus free but it is the recipient's responsibility to ensure that they are.