Pollution

Subject: Ref110531SF/10 - Pollution
Date: Tue, 31 May 2011 11:39:16 +0100
From: enquiries@environment-agency.gov.uk
To: brain37@live.co.uk

Dear Mr Turton

Thank you for your recent email regarding potential contaminated land.

Land is likely to be identified as contaminated if it contains substances that are causing or could cause:  

• harm, in the case of radioactive substances;
• significant harm in all other cases;
• pollution of surface waters and groundwater.

The term 'harm' is used to describe damage to:

• people's health
• ecological systems and organisms
• property, including produce, livestock, owned or domesticated animals
• wild animals that you are allowed to shoot or fish 
• buildings.

Defra has published guidance on applying the legal definition of contaminated land. This is available to download from their website. 
 
http://www.defra.gov.uk/environment/quality/land/
 
The risk based contaminated land regime (Part IIA) was created by Part IIA of the Environmental Protection Act 1990. It came into force on 1 April 2000 in England and 1 July 2001 in Wales.
 
The regime identifies land where historic contamination is causing unacceptable risks to human health or the wider environment. It makes sure that land identified as contaminated is remediated to an acceptable standard.
 
Local authorities are the main regulators, but in certain cases the contaminated land may be designated as a special site and the Environment Agency becomes the lead regulator.
 
Special sites include:  

• sites that are affecting or could affect specified water bodies
• Ministry of Defence land
• sites we regulate under Integrated Pollution Control (IPC) and Pollution Prevention and Control (PPC)
• all legally identified radioactive contaminated land sites

Local authorities are the principal regulators for the contaminated land regime.
 
Part IIA of the Environmental Protection Act 1990 legislation requires Local Authorities to:

• inspect their areas to identify any contaminated land;
• establish responsibilities for remediation of the land;
• ensure that appropriate remediation takes place;
• through agreement with those responsible,
• or if not possible by serving a remediation notice, or
• in certain cases, carrying out the work themselves, or
• in certain cases, through other powers 
• keep a public register detailing the regulatory action which they have taken.

Local authority contact details for England and Wales are available on the Direct Gov website.  You can search by postcode, street, town or local authority.
 
http://local.direct.gov.uk/LDGRedirect/Start.do?mode=1
 
Remediation is the action required to ensure that the land is no longer a risk to human health or the environment.

There are many different techniques that can be used to remediate land, for example:

• containment systems, such as cover systems;
• biological processes, such as biopiling;
• chemical processes, such as stabilisation/solidification;
• physical processes, such as soil vapour extraction;
• thermal processes, such as incineration;
• removal of contaminated materials for disposal at landfill or other waste facility.

The Local Authority will identify the appropriate persons who are responsible for all or part of the repairs, clean up and remediation of a contaminated site. 
There are two classes of appropriate persons:

• Class A are people who cause or allow the pollutant(s) to be in, on or under the land
• Class B are the current owner(s) or occupier(s) of the land.

If the Local Authority cannot identify a Class A person, a Class B person may become liable. Several appropriate persons may be identified for one site.

If the Local Authority cannot find either an appropriate Class A or Class B person, they have the power to clean up the contaminated land themselves. Any other appropriate persons identified will still have to pay their share of the remediation costs.
 

We have produced a range of guidance documents about the design of remediation schemes and the various techniques that can be used.
 
http://www.environment-agency.gov.uk/research/planning/33710.aspx
 
I trust this information is useful.
 
If you have any further queries please contact us and we will be happy to help.

Regards

Stefanie Foster

Customer Service Advisor

National Customer Contact Centre - Sheffield

Part of National Operations
Enquiries:( 03708 506 506

P Please Consider The Environment - Do You Really Need To Print This Email?

P Ystyriwch Yr Amgylchedd - Oes Rhaid I Chi Brintio'r E-Bost Hwn

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From: fred turton [mailto:brain37@live.co.uk]
Sent: 29 May 2011 13:45
To: Enquiries, Unit
Subject: FW: Pollution

Click here to report this email as spam.

4 Swan Green,
Sellindge,
Kent,
TN25 6EX

Dear Sir or Madam,

I am passionate about the environment and especially the countryside. In the village where I live is an old quarry that is going to be developed as a recycling plant. It is located at Otterpool Lane, Ashford Road, Sellindge. I have been informed that this site has been seriously polluted by the previous occupants where diesel oil and creosote was poured into the ground. I understand that the recycling process will use large amounts of water.

I am enquiring as to how the site can be cleaned up? I am always concerned about pollution problems as I take the view that we are only loaned the environment during our life time. Nobody should be allowed to abuse it.

I would grateful for a response to my email. I realise that you are very busy but I see this as a priority.

Thank you.

Fred Turton