86B. (1) Where an industrial emissions directive activity involves the use, production or release of relevant hazardous substances, and having regard to the possibility of soil and groundwater contamination at the site of an installation concerned, the Agency shall require an applicant under this Part for a licence or review of a licence or revised licence relating to the activity, including such a review by the Agency of its own volition, to furnish to the Agency a baseline report in accordance with regulations under section 89.

(2) In relation to an installation, a baseline report shall contain the information necessary to determine the state of contamination of soil and groundwater at the time that the report is drawn up in order that a quantified comparison may be made to the state of the site upon the permanent cessation (including cessation by abandonment) of the industrial emissions directive activity concerned and the applicant in preparing the baseline report shall include any information prescribed in regulations under section 89.

(3) Notwithstanding the generality of subsection (2), a baseline report shall include at least the following information—

(a) the current use and, where available, the past use of the site,

(b) any available information—

(i) on soil or groundwater measurements that reflect the state of the site at the time that the baseline report is drawn up, or

(ii) on new soil and groundwater measurements, having regard to the possibility of soil and groundwater contamination by the hazardous substances proposed to be used, produced or released by the installation concerned.

(4) Any information furnished to the Agency or to any other body under any enactment or rule of law or a law of the European Union, which complies with the requirements of subsection (2) or (3), may be furnished to the Agency in or with the baseline report.

(5) For the purposes of determining the information to be contained in a baseline report under this section the Agency shall have regard to, and shall for the purposes of subsection (2), make publicly available any guidance documents published by the Commission of the European Union in accordance with Article 22(2) of the Industrial Emissions Directive.

(6) Upon the permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the licensee concerned shall assess the level of contamination of soil and groundwater by the relevant hazardous substances used, produced or released by the installation concerned, and where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to any levels of contamination of soil and groundwater established in the baseline report that licensee shall take the necessary measures, taking into account the technical feasibility of such measures, to address that pollution so as to return the site to the state established in the baseline report.

(7) Without prejudice to subsection (6) where, upon permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the level of contamination of soil or groundwater at the site of the installation concerned—

(a) poses a significant risk to human health or the environment, and

(b) occurred as a result of any industrial emissions directive activity, to which Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 applied and in respect of which a licence is or was in being under this Part or Part V of the Act of 1996, prior to review of the licence or revised licence under section 90, for the first time after the coming into operation of the European Union (Industrial Emissions) Regulations 2013,

and taking account of the condition of the site of the installation established in information already furnished to the Agency, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which necessary approval or consent has been granted, ceases to pose a significant risk.

(8) On permanent cessation (including cessation by abandonment) of an industrial emissions directive activity in relation to which, under this section, no baseline report is required, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which a necessary licence, approval or consent under any enactment has been granted, ceases to pose any significant risk to human health or the environment due to contamination of soil and groundwater as a result of the licensed activities concerned and taking account of the condition of the site established in information, including information furnished with an application for a licence or revised licence, already furnished to the Agency.

(9) In subsections (7) and (8) information already furnished to the Agency is information furnished in relation to—

(a) a licence under this Part, in accordance with Regulations under section 89, or

(b) a licence under Part V of the Act of 1996 in accordance with Regulations under section 45 of that Act.

(10) The Agency shall make relevant information publicly available on the measures taken under subsection (6) or the necessary actions taken under subsection (7) or (8) upon the permanent cessation of an industrial emissions directive activity.

(11) In this section—

"baseline report" means information on the state of soil and groundwater contamination by relevant hazardous substances;

"soil" has the meaning given by section 86A(11).]