Part IIA of the Environmental Protection Act
Part IIA of the Environmental Protection Act 1990 describes a new regulatory role for Local Authorities in dealing with land contaminated from historical use. Estimates of the amount of contaminated land present in the UK are that there be between 100,000 and 200,000 hectares of land as yet undesignated implying that harm or pollution of controlled water may be occurring in a way that is uncontrolled. The regulatory duties of the Local Authorities broadly speaking are that they will:
- Decide what is and what is not Contaminated Land
- Decide who is responsible for it
- Decide what level of remediation is needed
- Record action on a public register
Key within the legislation is the concept of a source (contaminant)-pathway-receptor pollutant linkage, or more than one of these, on a site which must be present to define the land as contaminated. The statutory guidance in England contains the following descriptions:
- “A contaminant (Source) is a substance which is in, on or under the land and which has the potential to cause harm or to cause pollution of controlled waters.
- A Receptor is either a living organism, a group of living organisms, an ecological system or a piece of property which is listed in Table A of the guidance (see opposite link) and is being, or could be harmed by a contaminant; or controlled waters which are being or could be polluted by the contaminant.
- A Pathway is one or more routes or means by, or through, which a receptor is being exposed to or affected by a contaminant, or could be so exposed or affected”.
A powerpoint presentation broadly outlining the Local authorities duties is downloadable from above.
In practical circumstances this might equate to the source being Heavy metals (Copper, Chrome and Arsenic) in the surface soils of a disused timber treatment yard; a pathway might equate to the soils themselves, which are ingested and affect a child (receptor) who becomes poisoned by the metals. A Powerpoint slide of a site showing a number of pollutant linkages for a particular site can be downloaded above.
Implicit within this regime is a need for Local Authorities to gather data and make judgements on the risk posed by particular sets of circumstances.
Further help on land contamination and Part IIA can be obtained from the following websites:
Part IIA statutory guidance
http://www.defra.gov.uk/environment/landliability/circ2-2000/3.htm
Contaminated Land supplementary credit approvals
http://www.defra.gov.uk/environment/landliability/approvals/pdf/guidance.pdf
Environment agency information
http://www.environment-agency.gov.uk/subjects/landquality
SEPA Information
http://www.sepa.org.uk/contaminated-land/partii/3.htm
Welsh Assembly information
http://www.wales-legislation.hmso.gov.uk/legislation/wales/wsi2001/20012197e.htm
Land condition record information
http://www.iema.net/htmlpage.php?pname=SILC
General help on managing contaminated land
http://www.netcen.co.uk/html/contaminated.htm
