Contaminated Land Strategy

Since the turn of the last century, the UK has seen a huge economic growth. However the cost of this is only now beginning to be understood.

Below are photographs of contaminated land sites prior to remediation:

The Definition of Contaminated in Part IIA of the Environmental Protection Act 1990:

2.1 Section 78A(2) 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 a significant possibility of such harm being caused; or

"(b) significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused".

Why contaminated land is an issue?               

"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, it can impact the environment in many ways. Depending on the concentration and nature of the substances present, harm may be caused to human health, plants, wildlife, crops, property, water environment, groundwater or ecological systems as a whole.

Pollution to the water environment can occur by the leaching of contaminants out of the soil into watercourses. This can effect aquatic plant and animal life and contaminate potable water supplies. Some contaminants may also create a fire/explosion hazard or they may be corrosive and attack building materials or services.

Harm to human health can be derived in a variety of ways and the effect may range from skin and respiratory irritation to cancer, birth defects or even death.

Exposure to contaminants may occur in a variety of ways:

• Polluted dust could be inhaled, both on the site and in the surrounding area of the site.
• Small children may directly consume the soil if they play in contaminated areas.
• Other exposure paths can include skin contact; ingestion of vegetables that have taken up contaminants or have contaminated soil attached to them, inhalation of volatile contaminants and asphyxiating gases.
• More information can be accessed from Sepa's own web site

Local Authorities duties

In July 2000, a new statutory regime came into force when the Environment Act, 1995 modified the Environmental Protection Act, 1990 relating to powers available to local authorities for dealing with contaminated land. Scottish ministers have introduced the Contaminated Land (Scotland) Regulations, Statutory Guidance: Edition 2 (May 2006)

The new duties imposed on local authorities are:

·        to inspect their areas to identify contaminated land;

·        to determine whether a particular site meets the statutory definition of contaminated land;

·        to establish responsibilities for remediation of the land;

·        to ensure that appropriate remediation takes place:

·        through agreement with those responsible or

·        serving a remediation notice or

·        in certain cases carry out work themselves or

·        deal with it through other powers.

·        to keep a public register detailing the regulatory action which they have taken under the new regime.

Please follow link for more information on our inspection strategy,and to request or download a copy of our Contaminated Land Guidance for Developers.