Paragraph 15 Land contamination: monitoring programme and intrusive investigationI1
England and Wales
The Home Secretary must carry out a programme of intrusive ground investigations to assess relevant contamination risks in accordance with British Standard BS 10175:2011f1, comprising—
shallow soil sampling and analysis;
installation of gas monitoring wells;
groundwater sampling, analysis and monitoring
(the “investigations programme”).
In the period before the investigations programme has been completed, the Home Secretary must, at least once in each period of two weeks, with the first such period beginning on 11th April 2024, monitor for indoor ground gas and vapours in each building or structure on the Order land that is used, or to be used, to provide any accommodation or other facility of a kind referred to in paragraph 1 of Schedule 2.
The results of the investigations programme, and any remedial steps, must be set out in a report prepared for the Home Secretary by, or under the supervision of, or verified by, a contamination expert.
When the Home Secretary has decided what remedial steps, if any, to take, the Home Secretary must send to the Secretary of State—
a copy of the report prepared under sub-paragraph (3);
a notice setting out—
the remedial steps that the Home Secretary has decided to take, or
that the Home Secretary has decided that no remedial steps require to be taken.
No more than 580 service users may be accommodated on the Order land until the Secretary of State has received—
a notice from the Home Secretary under sub-paragraph (4)(b)(ii), or
a report, prepared by a contamination expert for the Home Secretary, confirming that the Home Secretary has taken the steps set out in a notice under sub-paragraph (4)(b)(i).
Annotations
Commencement
- I1
Sch. 3 para. 15 in force at 11.4.2024, see art. 1(2)
Footnotes
- f1
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Investigation of potentially contaminated sites – Code of practice (ISBN 978 0 580 98996 4), published by the British Standards Institution on 31st December 2017.