FAQ’s
Q. Does a spill responder need to be accredited?
A. There is no legal requirement for a spill responder to be accredited. There is a scheme approved by the Environment Agencies of England, Wales, Scotland and Northern Ireland. Using a company that is accredited under this scheme gives a client confidence that the company has invested in its staff, equipment, systems and should have the appropriate insurance policies.
Q. Do you have to report a spill to the EA?
A. In England and Wales there is no legal requirement for an individual or company to report a spill incident to the Environment Agency (EA). However, if an impact to controlled waters, which include surface waters and groundwater, occurs, the EA have powers to enforce investigation and clean up works or undertake the required works and recoup these costs. If an incident occurs and the EA subsequently find you responsible it is likely that this will result in prosecution and the level of the fine is likely to be greater if no clean up has been undertaken and if the EA were not informed at the time of the incident.
Q. Do you have to report a spill to your local council?
A. This will depend upon the size and scale of the incident and whether there are any risks posed to human health. A competent spill responder should be able to advise you on the appropriate action. If following the clean up there is structural re-instatement such as the installation of specialised membranes or the demolition and re-construction of walls, the works should conform to the relevant Building Regulations. The Conservation Officer of a local authority should be informed if any construction works are undertaken on Listed Properties. The local Environmental Health Officer should be informed if there is a potential impact to human health in order to ensure works are undertaken to an appropriate standard and to ensure no ongoing liabilities exist under Part IIA of the Environmental Protection Act 1990.
Q. How do you select a spill responder?
A. Beyond being accredited your chosen spill responder should be able to demonstrate that their staff are professional, experienced, trained and employed by the company. Ideally they should be based within your region, although this may not always be realistic given the highly specialised nature of the work.
Q. How do I know the Remediation Contractor is offering me the best solution?
A. Often the simplest is best but beware if remediation appears to be too easy as there may be an unseen problem. It is very rare that a single technology will provide all the answers to the clean up of a contaminated site. A competent contractor should be able to provide a remedial options appraisal based on drivers including costs, technological advantages and disadvantages and sustainability.
Q. How do I select a remediation contractor?
A. The contractor should understand what you want and be able to offer a variety of potential solutions. Experience of working with the regulators is essential as it means they understand the process, ensuring that remediation runs smoothly and facilitating swift return of the site for its intended purpose.
Q. Is In-situ Remediation reliable or cost effective?
A. In-situ remediation techniques have developed rapidly over the last few years and a competent contractor should know the advantages and limitations of the appropriate solutions. For development projects it is imperative that remediation works do not disrupt the project programme and to avoid this it may be possible to engineer the remediation so that construction can proceed at the same time as remediation. In-situ remediation can be reliable and cost effective in the right circumstances but there are no “solve-all” solutions out there. A competent contractor should be able to provide a remedial options appraisal detailing the advantages and disadvantages of in-situ remediation when compared to more traditional clean up techniques.
Q. How do you know when land is clean enough to be developed?
A. Clean up criteria should be agreed with the regulators on a site specific basis, based upon the risks posed to human health and to the environment. To avoid delays, which can be protracted, it is important to have consultants and remediation contractors working closely together to ensure that the criteria are achievable and realistic. To facilitate development clean up criteria should be derived to ensure that there are no significant risks posed to human health or the environment.