Definition & Identification
The contaminated land regime is set out in Part IIA of the Environmental Protection Act 1990 and was introduced in England on 1st April 2000, in Wales on 1st July 2001 and Scotland on 14th July 2000. The Act aims to facilitate the identification and remediation of land, where contamination poses unacceptable risks to human health or the environment.
Section 78A(2) of the Act defines contaminated land, for the purposes of Part IIA, 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 (a) significant harm is being caused or there is significant possibility of such harm being caused: or (b) pollution of controlled waters is being, or is likely to be caused.”
Land is only defined as ‘Contaminated Land’ under Part IIA if there is a significant pollution linkage present. For this to be the case there must be a Source-Pathway-Receptor linkage, which is present, plausible and significant. Investigations therefore assess the presence and significance of the linkage.
The regime is regulated by local authorities and the Environment Agency (Scottish Environmental Protection Agency in Scotland) with Local authorities taking the lead role, except for “Special Sites” where the Environment Agency (or SEPA) assumes the lead regulatory role.
Local authorities are required to produce a strategy to:-
- Inspect and identify contaminated land within their area
- Establish responsibilities for remediation
- Ensure appropriate remediation takes place
- Keep a public register detailing the regulatory action which they have taken
At Terragen our consultants can provide detailed advice on the potential risks posed to the environment and human health from contaminated land and thus the liability associated with a site and the likelihood that it would be designated as contaminated land by the regulatory authorities.
To see our phased approach to the investigation of contaminated land, which will satisfy the regulatory authorities, please see the associated pages in the Risk Assessment and Investigation section. Should you have any further queries please do not hesitate to contact us at info@terragenenvironmental.co.uk