Contaminated Land

Description

In April 2000, Part 2A of the Environmental Protection Act (EPA) 1990 came into force introducing a new regime for the regulation of contaminated land in England.

Barnsley Council is responsible for the identification of contaminated land within the Borough, and ensuring that remediation takes place. Barnsley Council maintains a list of potentially contaminated land in the Borough and inspects and determines whether this land that may be contaminated, taking necessary action to ensure the clean up of the pollution.

The process of site investigation and remediation of land will ensure that all land in the Borough is suitable for its current use, and does not pose unacceptable risks to people, the environment, water and property.

Alongside Part 2A, the development of Brownfield Sites through the Planning Process (in other words, sites with a former industrial or commercial use) will encounter similar problems of contamination. Remediation of these sites may be required to make sure the risks posed from any contamination are acceptable for future occupiers.

Legislation

In the United Kingdom there are primarily two ways of dealing with land affected by the presence of land contamination. These are either through the town planning development control process or the enforcement of Part IIA of the Environmental Protection Act 1990.

Eligibility

This process applies to all Local Authorities, private businesses and members of the public

Procedure

Barnsley Council have used available information to identify potential contaminated sites based on previous usage. "Desk study" information has been collected and analysed, and potentially contaminated sites will be inspected on a rolling programme. A risk-based model has been used to prioritise the inspection of potentially contaminated sites. This inspection programme is currently being undertaken. No action from residents of Barnsley is required for this programme of work. Further details from owners/occupiers of these sites may be required, should more detailed investigations be undertaken.

A Public Register will be maintained of any regulatory action taken under Part 2A of the Environmental Protection Act 1990. This register is available for inspection during Offfice hours. Contact the Council using the contact details provided to make an appointment.

With regards to enquiries regarding contamination on individual sites, details should be provided to the contact details below. Regulatory Services will investigate and provide advice on any request for information. There may be a charge for this service, dependent on the nature of the enquiry.

Any Brownfield sites that are developed, will be done so through the planning system, and thus will be regulated through planning controls. However, any remediation works undertaken will be to a standard set out under Part 2A, to ensure that the site is "suitable for its use", a key concept behind any assessment under this legislation. Regulatory Services act as consultees for our Planning Department on contamination issues.

Helplines

Regulatory Services, Pollution Team: 01226 772468 e-mail: regulatoryservices@barnsley.gov.uk

Opening Times/Locations

08.30 - 17.00 Hrs Monday - Thursday, 08.30 - 16.30 Hrs Friday

How the customer can help

Any remediation activity to address land contaminated should be carefully designed and planned to ensure that the risks identified during assessment of the land are appropriately managed. Remediation objectives should ensure that any unacceptable risks are addressed. Liaison with the Council is recommended.

Any landowner/developer that has concerns regarding potential contamination issues should contact the pollution team for advice.

Leaflets

A leaflet has been produced by the Environmental Protection UK on 'Land Quality - Contaminated Land'. Copies are available from the Environmental Protection UK, Tel 01273 878770

Further information can be found in the Council's Contaminated Land Strategy, using the contact details provided, or using the following hyperlink Con Land Strategy

Other useful references:

Model procedures for the management of Land Contamination (CLR11) Environment Agency CLR11 

 

Planning Policy Statement 23: Planning and Pollution Control. Available from the ODPM's website, http://www.communities.gov.uk/index.asp?id=1143917

Investigation of potentially contaminated sites - code of practice. BS 10175:2001

Distribution Points

As stated above

Legislation

Part 2A Environmental Protection Act 1990

The Contaminated Land Regulations 2006

Websites

See associated links on the right hand side of this page.

Owner Officer Contact Details

Principal Officer,
Pollution Control,
Regulatory Services,
PO Box 602,
Barnsley,
S70 9FB.

Additional Notes

Remediation Activities

Any remediation activity to address land contamination should be carefully designed and planned to ensure that the risks identified during assessment of the land are appropriately managed. Remediation objectives should ensure that any unacceptable risks are addressed. Even where remediation is being undertaken outside of Part 2A, it is likely to drive the standards of remediation, as parties undertaking remediation should be seeking to provide themselves with confidence that no further remediation action would be requied under Part 2A.

It is a common misconception that remediation can only result in an environmental improvement. Whilst the remediation of chemically contaminated land and associated groundwaters is carried out with the intent to improve their condition, the remedial activity itself has the potential to adversely impact on the environment. It is therefore essential that such impacts are controlled, to ensure that remediation does result in an environmental improvement. This is normally achieved through the implementation of an appropriately designed remediation scheme and the application of legislative control, over and above that which sets the remediation objectives.

Legislative Control

Where the holder of contaminated soil and associated ground waters intends to discard the soil, groundwater or the contaminants within it, then the contaminated soil or groundwater becomes waste.

Anyone wishing to dispose of waste, either on-site or offsite, must do so in accordance with waste management licensing requirements.

Anyone wishing to treat waste, either in-situ or ex-situ, requires a waste management licence (or an equivalent permit, authorisation or consent). The mechanism for legislative control depends on the actual remediation activity. A waste management mobile plant licence is the preferred route of licensing the treatment of waste soil.

The Environment Agency is keen to encourage the environmentally sound management of waste soils, particularly as soil is frequently removed from contaminated land becasue it is known to present a risk to humans, water or ecosystems.

Should you have any queries regarding the reuse or disposal of soils, please contact the Environment Agency.

Environment Agency

The Environment Agency has an extensive research programme, including a number of projects key to Part 2A. For further information on Environment Agency and documents regarding Contaminated Land, see Associated Links "Environment Agency Contaminated Land".

DEFRA

The Department of Environment Food and Rural Affairs funds a contaminated land research programme, which supports policy on contaminated land, providing technical advice and guidance. For further information on DEFRA see Associated Links "DEFRA Contaminated Land".

Frequently Asked Questions

Q How is land contaminated?

A Over the past 100 years, the industrial revolution saw the expansion of the steel, coal, chemical and other industries and with this expansion came huge economic and social growth. At the time of expansion, the consequences of industrial development to the environment were not fully realised and we did not look forwards to a sustainable future. Today, there is a much greater appreciation of the environmental impacts of industry and releases to the environment are regulated to guard against adverse impacts.

Previous industrial processes disposed of waste by tipping it on the land and raw materials and fuel were often split, contaminating the land of the sites. Even today land contamination may arise from unintentional leaks and spills at various liste. Contaminants can range from solvents, oil, petrol, and heavy metals. The sources of contaminants are not just restricted to industrial processes: other sources may include agriculture activities, inadequate waste disposal, and deposition from the atmospehere and every day activities such as petrol distribution and dry cleaning.

Q Why is contaminated land of concern?

A Contaminated land is of concern if it presents a threat to the environment or if it poses risks to users of the land. Such land is seen to have potential environmental liabilities, which, are also of concern to landowners due to their financial and legal implications. Financial liabilities include reduced land values or the requirement to fund remediation.

As contamination can take a variety of forms, so it may impact in a variety of ways. Depending on the concentration and nature of the substances present, harm may be caused to human health, plants, wildlife, crops, property or ecological systems as a whole. Harm to human health can be caused in a variety of ways and the impacts may range from the skin and respiratory irritation to cancer, birth defects or even death. Exposure to contaminants may orrur in a variety of situations. Polluted dust can be inhaled, both on the site and in the surrounding areas of the site. Small children may directly consume the soil if they play in contaminated areas. Other exposure routes are skin contact, ingestion of vegetables that have taken up contaminants or have contaminated soil attached to them, inhalation of volatile contaminants and asphyxiating gases.

Pollution to rivers, groundwater, canals and ponds can occur by the leaching of contaminants out of the soil into water courses through the natural drainage of the soil. This in turn can effect aquatic plant and animal life and contaminate human drinking water. Some contaminants may also pose a fire or explosion hazard or they may be corrosive and attack building materials or services.

Q Why remediate contaminated land?

A Contamination is typically remediated to address environmental risks to users of the sites, as well as financial and legal liabilities. In addition, with more and more pressure being put on our countryside for the development of new industries, business and also housing, there is an increasing tendency to build on existing sites to preserve Greenfield sites for future generations. Some of these existing sites may be contaminated. The government has set targets for housing that 60% of all new housing should be built on existing "brownfield" sites to preserve our countryside. This requires risks associated with brownfield sites with chemical contamination to be addressed before the sites can be redeveloped.

Q Why are we hearing more about contaminated land?

A All local authorities now have a duty to identify any contaminated land which is hazardous to health or the environment. There is a legal definition of contaminated land, and authorities must follow the law in checking whether the land is causing a problem. Almost all local authorities have drawn up a strategy for looking at their areas in detail, and many have started looking at potential problem sites. Sometimes we also hear about contaminated land when old industrial sites are redeveloped. These sites and other previously used land have become derelict and fallen out of use - this type of land is known as brownfield land. There is growing pressure to reuse brownfield land for development, particularly for housing.

Q How is it regulated?

A In England, Part 2A of the Environment Protection Act 1990 provides a framework for the identification and remediation of contaminated land. It will not apply to all land which is contaminated, only that land which meets the definition contained in Part IIA . Regulations and Statutory Guidance have also been issued to deal with the detail of the regime.

Q Who are the Enforcing Authorities?

A In England, the primary enforcing authorities for the Part 2A regime are the Local Authorities. The Environment carry out enforcement in relation to "special sites" (see below).

Q What do the Local Authorities do?

A The legislation imposes a duty on every Local Authority to cause its area to be inspected from time to time:

• to identify contaminated land; and
• to enable the local authority to decide whether any contaminated land should be designated as a "special site"

Where a Local Authority identifies that land is contaminated then it is required to notify:

1. The Environment Agency, SEPA or EHS, which ever is relevant;
2. The owner of the land;
3. Anyone who occupies the whole or any part of the land; and
4. Any other appropriate person

For sites not considered as 'Special Sites' (see below) the local authority is also required to:

• determine what needs to be done by way of remediation, and
• service a remediation notice on each "appropriate person" (any of the people identified in 1 to 4 above), which states how and by when they must remedy the condition of the land

Q What is Contaminated Land?

A Contaminated land is defined as: "any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:

• significant harm is being caused or there is significant possibility of significant harm being caused; or
• pollution of controlled waters is being, or is likely to be, caused"

The term 'harm' is used here to describe damage to any of the following, which are known as receptors:

• human beings;
• ecological systems or living organisms which form part of such a system;
• property in the form of crops, produce, livestock, owned or domesticated animals which are the subject of shooting or fishing rights; and
• property in the form of buildings

The source of contamination (a pollutant in, on or under the land) msut be linked to a receptor (humans, controlled waters etc) by a pathway of exposure (for eample breathing in dust or skin contact).

Q What is a Special Site?

A In certain cases contaminated land may be designated as a 'special site' and teh Environmental Agency becomes the enforcing authority rather than the local authority. The description of these types of land is set out in the Regulations

Q Who is responsible for the cost of cleaning up the land?

A Appropriate persons are identified by the enforcing authority and are liable for all or part of the remediation of the land. There are two classes of appropriate persons:

• "Class A" appropriate persons are those who cause or knowlingly permit the pollutant(s) to be in, on or under the land
• "Class B" appropriate persons are the owner(s) or occupier(s) of the land

Where no Class A appropriate person(s) can be identified, then the Class B appropriate person(s) may become liable. Several appropriate persons may be identified for one site. Detailed guidance on the allocation of such remediation liability, as well as when appropriate persons may be exempt or excluded from having to pay, is contained in the Statutory Guidance. Where an appropriate person can no longer be found (the person may have died, or their company has gone into liquidation), the enforcing authority may be requied to take on the missing person's share of liability, and undertake the remedial works themselves. Any other appropriate persons for that piece of contaminated land, will still be required to pay their share of the remediation costs.

Q What solutions are available to clean up contaminated sites?

A A site affected by contamination may need some form of remediation before it can be used. There are many ways in which this may be achieved, ranging from "dig and dump" (taking contaminated soils away to licensed landfill sites) to the use of soil and water treatment techniques. The choice is very site specific and depends on factors, such as the type of contamination, site geology, regulatory requirements and future plans for the site.

Q Why worry about contaminated land?

A Contaminated land may present a hazard to potential users of the land and affect vegetation. Exposure to contaminants can be through inhalation of dusts or gasses, contact with soil, or through food grown on the land. Leachates (pollutants draining from the soil in liquid form) can pollute groundwater and rivers. Some contaminants may be corrosive, and some can pose a risk of explosion or fire.

You can also complete our online form to request information  - Contaminated Land   

Related Links:

DEFRA Contaminated Land 

Environment Agency Contaminated Land

Environmental Protection UK 

Last modified on 23/2/2010