The Able Marine Energy Park Development Consent Order 2014

Contaminants and remediation

40.—(1) Prior to the commencement of the relevant stage of the authorised development, the following components of a scheme to deal with the risks associated with contamination of the site must each be submitted to, and approved by, the relevant planning authority:

(a) a preliminary risk assessment which has identified—

(i) all previous uses;

(ii) potential contaminants associated with those uses;

(iii) a conceptual model of the site indicating sources, pathways and receptors; and

(iv) potentially unacceptable risks arising from contamination at the site;

(b) a site investigation scheme, based on sub-paragraph (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;

(c) the results of the site investigation and detailed risk assessment referred to in sub-paragraph (b) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken;

(d) a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in sub-paragraph (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

(2) The scheme must be implemented as approved, and any changes to these components require the agreement of the relevant planning authority.

41.—(1) Prior to carrying out the licensed activity referred to in paragraph 8 (compensation site creation) of Schedule 8 (deemed marine licence), a verification report demonstrating completion of the works set out in the approved remediation strategy referred to in paragraph 40(1)(c) and the effectiveness of the remediation must be submitted to, and approved by, the relevant planning authority.

(2) The report must include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met, and must also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the relevant planning authority.

(3) The long-term monitoring and maintenance plan must be implemented as approved.