Darren,

As its not a clear cut case of liabilities I don't think you'd get very far
in asking for voluntary investigation. In fact I don't see how that would
work at all as each occupier would only be concerned with their bit, some
might agree other wouldn't and so on.

You should look at doing the inspection, after all the duty does fall to
LAs, not the landowners (no powers to force them to investigate). And don't
forget there is funding available for investigation through DEFRA. The other
thought is that if it might be a special site, ask the EA to do the
inspection. If you do get as far as determination, you'll back at the messy
part of apportioning liability and costs amongst the appropriate persons.

Regards,

Will Watson
Scientific Officer (Contaminated Land)

Tel: 0151 424 2061
Fax: 0151 471 7304
E-mail: [log in to unmask]

Environmental Protection
Halton Borough Council
Grosvenor House
Halton Lea
Runcorn
Cheshire WA7 2GW

Supporting the campaign for a New Mersey Crossing
www.merseycrossing.co.uk
www.halton.gov.uk


-----Original Message-----
From: Darren Detheridge [mailto:[log in to unmask]]
Sent: 21 May 2004 14:21
To: [log in to unmask]
Subject: Part IIA Investigations


Further to having prioritised the sites to be investigated under Part
IIA, we are now asking the appropriate person(s) to voluntarily
investigate the sites for which they are liable before the Council
commissions an investigation. It is in identifying the appropriate
person(s) that i am experiecing difficulty and ask for some advice.

The next site that we are to investigate is considerably old so that
the business (polluter) is no longer in existence (under its original
trading name that has been obtained via the trade directories) and i
have been unable to find any records of the business name being changed
etc. As the polluter can not be located or is no longer in existence the
appropriate person is then the land owner. On the site where the land
use of concern was formerly situated, there are now a number of units
residential and commerical and the proprietors of these units may well
be liable for the contamination. This is where the problem arises. The
historical information is not of excellent quality and distinguishing
between the buidings on the map that were and were not asscoaited with
the land use of concern is proving very difficult. As we do not know the
extent of the former potentially contaminative land use then we do not
know the amount of current properties that would be liable in the event
that we are unable to locate the polluter. Who then can we ask to
voluntarily remediate?

I am beginning to form the opinion that should we not be able to
identify the original polluter that even though the proprietors would be
liable, we will not be able to ask for voluntary investigations as we do
not know who to ask. Therefore the Council will have to comission any
investigations and there will not be the option of having the site
investigated voluntarily by the polluter or land owners and the Council
will have to pay for the investigation.

Any thoughts


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