How does the Council assess sites under Part 2A of the Environmental Protection Act?
To be determined as contaminated land under Part 2A of the EPA 1990, the site needs to meet three criteria, termed a pollutant linkage;
a) a pollutant needs to be present on site, b) there needs to be a receptor that could be exposed to the contamination, c) there needs to be a pathway whereby the receptor could be exposed to the contamination
If all three of these criteria are met (in a significant pollutant linkage) then the site may be determined as contaminated land.
Whether it is depends on the concentration of the contaminant and whether it is in sufficient quantities to cause significant possibility of significant harm as a minimum requirement. More detailed information can be found on
DEFRA website. You can also view our
Contaminated Land Strategy and there is a best practice guide laid out in
CLR 11 (Management of Land Contamination).Assessment consists of a series of processes, the first being a desktop study. If the desktop study shows the possibility of a pollutant linkage, then the Council will undertake a Site Investigation, after consultation with the owners of the site. If the Council is not provided access to the site from the landowner, it can use its Section 108 powers of the Environment Act 1995 to gain access to the land. If the desktop study does not show any issues, then the site is considered suitable for current use. After the site investigation, the Council must then risk assess the site, using an appropriate scientific and technical method. If the risk assessment proves the presence of a significant pollutant linkage, the Council has to undertake remediation work. Finally, post remediation verification must be undertaken to show the works have had the desired effect.