Contaminated Land - Inspection Strategy

North Lanarkshire has developed an inspection strategy for the identification of contaminated land to enable the council to implement Part IIA of the Environmental Protection Act, 1990. The strategy provides not only the procedures for inspection of land within the North Lanarkshire Council area but also justification for, and transparency in the decisions on how the land will be inspected and subsequent actions undertaken.

The main objective is to prioritise land that has the highest potential to be contaminated within North Lanarkshire Council.

In circumstances that the water environment may be affected the information will be brought to the attention of the Scottish Environment Protection Agency (SEPA).

Relevant Legislation & Guidance:

• Environmental Protection Act 1990: Part IIA Contaminated Land - Statutory Guidance: Edition 2 (2006)
• Planning Advice Note  33
• Town and Country Planning Act
• DEFRA Contaminated Land Report (CLR) Series, Reports CLR 7 – 11
• Soil Guideline Values
• Code of practice: The investigation of potentially contaminated  sites – British Standards Institute, BS10175, 2001
• Assessing risks posed by hazardous ground gasses to buildings CIRIA
• The Contaminated land (Scotland) Regulations 2005
• Approved document part c site preparation and resistance to contaminants
• Guidance on the management of landfill gas
• Industry profiles
• Guidance on the safe development of housing on land affected by contamination

You can access copies of our Contaiminated land guidelines for developers by using the download or request by post box at the top right hand side of the screen.

Site Investigations:

A site investigation can be carried out by the landowners or requested by the local authority to find out more information on the condition of the site in question.

A typical site investigation should include the following:

ü      Phase 1 (desk study)

This is a data and information collection exercise. This would normally include finding out information on the following:

·         Previous land uses, using Historical maps of the area;

·         Site reconnaissance;

·         Current land use;

·         Geology of site;

·         Drainage of site;

·         Topography of site;

·         Surrounding land use;

·         Existing land use;

·         Conceptual Site Model &

·         Risk assessment.

A preliminary risk assessment must be done using all information gathered to decide whether further investigations (phase 2) are necessary.

ü      Phase 2 (Intrusive investigation)

A phase 2 site investigation will include taking samples for analysis, to determine the levels of contaminants present.

·        Derivation on sampling regime and types of analysis used must be presented as part of the final report.

·        Analysis results should be compared to levels given in SGV (soil guideline values). However if no SGV are available a site specific risk assessment should be carried out.

·        A conclusion and recommendations for any further action that may be required, which may include periods of post construction monitoring must also be included in this report along with a conceptual site model (CSM).

·        Proposed remediation required must also be presented at this stage.

·         

 ü       Site Specific Risk Assessment

The standard definition for risk, in a contaminated land context, is:

"Risk is a combination of the probability, or frequency, of occurrence of a defined hazard and the magnitude of the consequences of the occurrence" (Page 7, Contaminated Land Report 11).

"Pollution linkage"

In the context of land contamination, there are three essential elements to any risk:

• A contaminant – a substance that is in, on or under the land and has the potential to cause harm or to cause pollution of the water environment;
• A receptor – in general terms, something that could be adversely affected by a contaminant, such as people, an ecological system, property, or the water environment; and
• A pathway – a route or means by which a receptor can be exposed to, or affected by, a contaminant.

"Each of these elements can exist independently, but they create a risk only where they are linked together, so that a particular contaminate affects a particular receptor through a particular pathway. This kind of liked combination of contaminate – pathway - receptor is described as a pollution linkage" (Page 7, Contaminated Land Report 11).

ü      Phase 3 Remediation

Relevant land remediation means activities whose purpose is:

• Preventing or minimising, or remedying or mitigating the effects of, any harm, or pollution of the water environment, by reason of which the land is in a contaminated state, or
• Restoring the land or water environment to their former state. For further information see hmrc web site

A remediation report must include details on the following:

·        Derivation of remediation techniques to be used;

·        Start point and end point levels of contamination;

·        post remediation monitoring, if required;

·        quantity of material to be removed from site

·        Disposal methods and location of any material to be removed

  Licensing the remediation of contaminated land

Relating to waste

Remediation Activities:

·          Reminder of change – hazardous waste disposal in Scotland after July15 2004  

·          Disposal of waste soils

·         Guidance note on registering an exempt activity under Reg 18, Schedule 3, paragraph 9 or 19

ü      Phase 4 Verification

Post remediation monitoring and verification of remedial techniques/processes is a vital part of the remediation process.

A validation report must be submitted after remediation of a site is complete.

Other information:

• HSG 66 (protection of workers and the general public during development of contaminated land)
• British Drilling Association publication "Guidance notes for the safe drilling of landfills & contaminated land"
• Site investigations in construction, part 4 guidelines for the safe investigation by Drilling of landfills & contaminated land.