(a) whether the substances have already
caused harm (for example in the form of toxic effects on plant or animal
life),
(b) whether the substances are toxic, persistent or bioaccumulative or
are present in large quantities or high concentrations or occur in
combinations,
(c) whether there are exposure pathways available to the
substances (that is, the routes whereby the substances may proceed from the
source of the contamination to human beings or other aspects of the
environment),
(d) whether the uses to which the land and land adjoining it
are currently being put are such as to increase the risk of harm from the
substances (for example, use for child care, dwellings or domestic food
production),
(f) whether the
substances have migrated or are likely to migrate from the land (whether
because of the nature of the substances or because of the nature of the land).
(2) The EPA may declare land to be significantly contaminated land under
section 11 even if the possible harm could come into existence only in certain
circumstances of occupation or use of the land and those circumstances do not
exist at that time. However, the circumstances must be reasonably foreseeable,
and consistent with the approved use of the land, at that time.