The Contaminated Land Regulations – Consolidated Review

21 September 2005 Craig Edwards

The Contaminated Land Regulations Aims of Presentation  Give a broad introduction to the regulations behind contaminated land – Part IIA, Planning  Explanation of the identification procedures to classify contaminated land  Environmental Impact Assessment (EIA)  Waste

The Contaminated Land Regulations What is contaminated land  Contaminated land – “any land which appears to, by reasons of substances in, on or under the land, that  (a) significant harm is being caused or there is a significant possibility of such harm being caused; or  (b) pollution of controlled waters is being, or is likely to be caused Definition from Part IIA of the Environmental Protection Act 1990 (EPA90).

The Contaminated Land Regulations Part IIA  there is evidence of the presence of a contaminant, a pathway and a receptor that might suffer “significant harm”;  there is the “significant possibility of significant harm”;  pollution of controlled waters is occurring, or is likely to occur.

The Contaminated Land Regulations Source, pathway, target Image

The Contaminated Land Regulations Main responsibilities under Part IIA

Local Authorities

      Prepare and publish an inspection strategy Inspect their areas to identify contaminated land Consult the Agency on pollution of controlled waters Ensure remediation of land identified as contaminated land Transfer special sites to the Agency Maintain a public register of regulatory action

Environment Agency

 Provide relevant information held by the Agency to local authorities     Inspect potential special sites on behalf of the local authority Ensure remediation of special sites Maintain a public register of regulatory action for special sites Prepare a national report on the state of contaminated land   Provide advice to local authorities on identifying and dealing with pollution of controlled waters Provide advice to local authorities on the remediation of contaminated land

The Contaminated Land Regulations Environmental Impact Assessment (EIA) The requirement for EIA comes from a European Directive (85/33/EEC as amended by 97/11/EC).  Environmental Statement  Schedule 1 Projects  Schedule 2 Projects

The Contaminated Land Regulations Waste Waste Management Waste Acceptance Criteria - (England and Wales) (Amendment) Regulations 2004 Waste Characterisation and Testing