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Anti-Pollution Works Regulations 1999 - the empowerment of the Environment Agency

United Kingdom
17/08/1999
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It is interesting to note that the Environment Agency is empowered under the Anti-Pollution Works Regulations 1999 (SI 1999 No. 1006) to serve notice to remediate or mitigate on "any person who has caused or knowingly permitted poisonous, noxious or polluting matter or any solid waste to be present in controlled waters". This regime has serious ramifications for owners and occupiers of contaminated land since, at least in theory, it is easier to enforce than the proposed contaminated land regime, which is complicated and mainly under the control of seriously under-resourced local authorities.

The DETR, however, have now released policy and guidance setting out when the Environment Agency should use the new water anti-pollution works notice.

The Policy states that the Environment Agency's use of works notices in respect of water pollution or potential water pollution arising from contaminated land will be restricted to cases in which action has to be taken to prevent serious pollution of controlled waters where there is an imminent danger of such pollution. Works notices will not be served in other cases.

Pamela Castle

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