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Contaminated LandA photo of a contaminated land puddle

 

In April 2000 all local authorities in England and Wales were given a new statutory duty, under Part IIa of the Environmental Protection Act (EPA) 1990, to identify areas of contaminated land and secure the clean up of these areas. Local authorities were required to produce a Contaminated Land Inspection Strategy detailing how inspections for contamination would take place in their area.

 

The Contaminated Land Inspection Strategy for Fareham Borough was approved by the former Health and Environment Committee on 22nd May 2001 and it was published in July 2001.

 

 

 

What is contaminated land?

The legal definition of contaminated land is as follows:A photo of contaminated land machinery

 

Contaminated land is 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 a significant possibility of such harm being caused or
  • pollution of controlled waters is being, or is likely to be, caused.

In simpler terms this could be land where there are substances in, on or under it that are hazardous to health or the environment.

An image of drums containing an unknown liquidHow does land become contaminated?

Contamination is mainly associated with the current or past uses of land. In particular, industrial activities, waste disposal and chemical spills contribute to the quantity and type of contaminants on a piece of land. This could be from the industrial revolution to the present day. In certain circumstances even earlier industrial processes may have caused persistent contamination of the soil.

 

Chemicals and ground gases can occur naturally in high levels depending upon the rock structures in that area. This needs to be taken into account when considering contamination on a site.

 

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What are the responsibilities of the regulators?

In most circumstances Fareham Borough Council will be the regulatory authority for contaminated land sites within the Fareham Borough. However for certain "special sites" the Environment Agency will take over from the Council as the regulator after the site has been formally been determined to be contaminated land.

 

The role of the regulators is to:

  • inspect their areas to identify any contaminated land
  • establish responsibilities for remediation of the land
  • ensure that appropriate remediation takes place.
    • through agreement with those responsible, or if not possible
    • by serving a remediation notice, or
    • in certain cases, carrying out the work themselves, or
    • in certain cases, through other powers.
  • keep a public register detailing the regulatory action which they have taken under part IIa of the Environment Protection Act 1990.

The Department for Environment, Food and Rural Affairs (DEFRA) has specified that investigations have to be rational, ordered and efficient, taking into consideration those areas most likely to be affected by contaminants.

How is Fareham Borough Council identifying contaminated land?

The Council has a duty to inspect the whole of the Borough to identify contaminated land. Work is currently being undertaken by the Pollution Team to gather information about the whole Borough so those areas where contamination is most likely to exist can be identified and singled out for more detailed investigation and sampling.

 

The areas most likely to be contaminated are areas that have been used for waste disposal and industrial/commercial processes. There is no single source of information that will identify all of these sites but old maps and trade directories are a good starting point. In addition archived local authority and county council records, local history books, photographs and first hand accounts from workers at old industrial sites are all useful.

 

The Pollution Team are currently gathering this information and identifying pieces of land where contamination is suspected. This will be compared against the current land uses and other environmental information to determine the most sensitive areas. For example land that is still used industrially and covered mainly in concrete is less sensitive than a residential property with a garden, or allotments or nature reserves.

 

Once potential sites have been identified, they will be recorded and evaluated based on their potential risk. This will allow sites to be ranked into an order of high to low priority. Investigations will commence on high priority sites, in depth site information will be collated and sampling will usually be required before a decision can be made as to the degree of contamination on site.

 

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Does this mean any land with a past industrial use will be contaminated?

Not necessarily. Land may have pollutants in, on or under it but they may not be capable of causing unacceptable risks to human health or the environment. It is anticipated that whilst many former industrial or tipped sites will have a potential for contaminants to be in the soil the majority of these sites will remain outside of the scope of the legislation.

Who could be affected?

The regime follows the 'polluter pays' principle. Any person, organisation or business might be liable to pay for the costs of the remediation of contaminated land under Part IIa of EPA 1990. This would be if they caused or knowingly permitted the contamination. However if no polluter can be found, then the owner or occupier of the land may become responsible for clean up costs. Regulators must take into consideration a number of reasons for excluding persons from paying for remediation, one of these is hardship.

An image of contaminated land debrisWhat will happen when land is identified as contaminated?

The regulator will contact those they think are responsible, and will normally discuss the case including liability and remediation requirements. If there is no satisfactory outcome, such as voluntary action, a remediation notice can be served to ensure the land is cleaned up. At least 3 months must elapse between contacting those believed to be responsible and the serving of a notice.

What is Radon?

Radon is a natural radioactive gas. You cannot see, hear, feel or taste it. It comes from the minute amounts of uranium that occur naturally in all rocks and soils. Radon is present in all parts of the UK, however, geological conditions in certain areas can lead to higher than average levels. Some of the highest radon levels have been found in the southwest, but levels well above average have been found in some other parts of the UK. Exposure to particularly high levels of radon may increase the risk of developing lung cancer. Current building control regulations 2004 require developers to take reasonable precautions in order to avoid danger to health and safety from contaminants in the ground, this includes Radon, the requirements can be viewed in approved document C (this is an external hyperlink).

 

For further information about radon, including maps of affected areas, answers to frequently asked questions and details of a Radon measuring service please refer to the Health Protection Agency website http://www.hpa.org.uk/webw/HPAweb&Page&HPAwebAutoListName/Page/1158934607718?p=1158934607718 (this is an external hyperlink).

Am I liable if I buy or sell contaminated land?

If land has formally been determined to be contaminated land then this will be identified on a search carried out during conveyancing.  If this is the case you should seek specialist advice. If land has not been formally determined as contaminated land but the history of the land is one of former industrial use, waste disposal or mineral extraction and subsequent in-filling then there is a potential for contaminants to be present within the ground. If you are concerned then you can contact the Council or you may need to seek specialist advice.

 

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What will happen if land is redeveloped?

Redevelopment of land that is affected by contaminants is an opportunity to improve the local area and the environment.  If land has been used or is adjacent to land that has been used for industrial or commercial purposes, or waste disposal, developers may be requested to submit information that identifies all former uses on and adjacent to the site and an assessment of the potential risks to human health, the environment and building structures. If this assessment identifies potential risks then the developer will be required to further investigate those risks and if necessary carry out actions to address the risks and clean up the site. If you wish to develop on a site which you suspect may be affected by contaminants then you can contact the Council to discuss the matter further. Please be aware that sampling and testing of soil and groundwater and the interpretation of results can be expensive and best left to professional advisors.

Contacts

Further information can be found on the DEFRA (this is an external hyperlink) or Environment Agency (this is an external hyperlink) websites.

 

If you wish to discuss any land contamination issues or if you have knowledge of former industrial sites and they way they worked within the Fareham Borough please contact us by email regulatory@fareham.gov.uk or telephone on 01329 236100.