Legislative issues

Section 2 of the Contaminated Land (England) Regulations 2006 provides a definition of a special site. Once the local authority has made this designation then the Environment Agency (EA) takes over the enforcing role. If there is a dispute as to whether or not the site is a special site the matter can be referred to the Secretary of State for determination.

The EA itself is required to consider whether there are any sites which should be designated as special sites. If it does find a special site, it should notify the local authority and once again any cases of disagreement should be referred to the Secretary of State.

The benefit for a local authority in the EA taking the site as a special site is clear, as the EA takes over all responsibility for the site. This includes the cost of enforcement and also any testing and monitoring required. Should the site become an 'orphan site' (when no knowing polluter is found) the EA will also be responsible for the cost of remediation. The disadvantage for local authorities is that they lose control of what can be politically sensitive sites.