Contamination of the land can arise from past industrial processes, waste disposal, illegal dumping, accidental spillage of substances and in some instances may be natural rather than man-made. In the past there were far fewer operating restrictions for industries than we have today. Many industrial activities were carried out with little regard for their impact on the environment, particularly prior to the Control of Pollution Act 1974. The type of contaminant can vary widely from site to site. Some of the more common problems include oils and fuels, domestic and industrial waste, heavy metals and solvents.
Different contaminants can cause problems in a variety of ways. For example, they can:
It is therefore important to identify areas where contaminants are likely to be present and to deal with them so that the site is made suitable for its use, and to negate any affects to neighbouring land.
In this District there are currently (as of July 2007) approximately 1200 sites of potentially contaminated land that have been identified for inspection due to their potentially contaminative for use e.g. former landfill sites, factories, depots etc. Each site has been prioritised for inspection and ranked in order of its perceived potential harm. For example, a former gasworks, with current residential garden use, has been prioritised higher than a former quarry with no permanent residential use.
All Local Authorities in England are prioritising and investigating sites in a similar manner. For further details of this process, please refer to the Council’s Contaminated Land Inspection Strategy.
When I bought the property, there was no mention of any Contaminated Land issues, why was I not informed before purchasing?
The law relating to contaminated land (Part IIA of the Environmental Protection Act 1990) came into effect on 1 April 2000. The regulations introduced new legislation detailing a regulatory regime specifically for the regulation of land quality to be enforced by Local Authorities and the Environment Agency.
If you acquired your property before this time, it is unlikely that Environmental Searches carried out by your Solicitor would have included this aspect.
In July 2001 a Law Society Warning card was issued by the Law Society to all Solicitors in England, setting out the action they should take in all conveyancing transactions to highlight contaminated land issues to clients. If any potential contamination issues were not highlighted during your conveyancing process or the results of an environmental search were not brought to your attention, you may wish to contact your solicitor.
Independent environmental searches use sources such as historical mapping and trade directories but do not contact the council for information on the sites that we have identified as potentially contaminated land sites. They will, however, list any sites which have been designated as statutory Contaminated Land on the Local Authority Contaminated Land Register.
Independent environmental searches will often highlight areas that have in the past been used for potentially contaminative uses, without assessing the risk to human health or the environment.
Dover District Council offers an environmental search within a radius of a property, the data possessed by the council is of a much greater accuracy than that of 3rd party companies. There is a fee for this service, for further details, please dial 01304 872428.
The council will fund the investigation of sites on their prioritised list, in order of risk prioritisation. However the investigation of lower prioritised areas may not be scheduled to take place for some years. If the homeowner is having difficulty selling a property due to the uncertainty caused by a lack of investigation to date, a homeowner may wish to instruct an independent investigation. This can be used to answer uncertainty, and provide definite information for any potential buyers. It is recommended that this process be regulated by the Council’s Contaminated Land Officer to ensure adequate investigations are undertaken. We would advise that quotes are requested from at least three different companies, to ensure adequate results are obtained to specification. Details of site investigation consultants may be obtained from trade directories or the internet.
No. Private investigations are for specific areas of land and the results obtained are interpreted for that site only. For example, activities in the past such as waste disposal may lead to concentrations of contaminants that differ greatly from metre to metre.
The boundaries of investigation areas are largely based on historical features, so it may be that your property is inside our investigation range and your neighbour's property is not.
To follow statutory guidance the Council must undertake investigations in a phased approach. The council can only investigate areas intrusively where there is a reasonable possibility that a pollutant linkage exists. Due to controls on funding and resources, if after the first intrusive stage (Phase I) no pollutant linkages are identified, intrusive investigations will cease. It is only if pollutant linkages are deemed likely that further, more expensive, phases of intrusive investigation will be carried out. So although it would be quicker to do an extensive investigation initially it would be very costly and may turn out to have been unnecessary.
The results of investigations are closely analysed by expert consultants. If any of the samples analysed return levels of contaminants that are seen to be acutely harmful to any receptors including any living creatures in the short term, we would notify the land users.
If, through investigation, substances in, on or under the land are found to pose a ‘significant possibility of significant harm’, or ‘pollution of controlled waters’ (surface water features or groundwater), remediation will be required.
The ‘appropriate person’ pays for remediation. Appropriate people can be classified as Class A and Class B persons. Class A persons are those people that may have caused the contamination or those that have knowingly permitted a pollutant to be in, or under the land. If these people cannot be located then responsibility may default to a Class B person who may be the current resident or landowner.
The legislation requires Dover District Council to actively identify contaminated sites that are not suitable for their current use. If necessary, Dover District Council has enforcement powers to have the sites remediated.
The Environmental Protection Act 1990 introduced a legal definition of 'Contaminated Land' for the first time. Section 78A of the Act states that: 'Contaminated Land' is: “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:
Not necessarily. For the Council to legally determine a site as 'Contaminated Land' all of the following must apply:
This Source-Pathway-Receptor approach is designed to account for cases where a contaminant may exist on a site but there are no receptors present that it can affect; or that there is no feasible way that the contaminant can come into contact with a receptor; or that the amount of contamination that could come into contact with a receptor is not enough to pose any significant risk. Such sites would not be determined by the Council as 'Contaminated Land.’
Not necessarily. Brownfield is a term often used to describe previously developed land. Most land that has been previously used for industrial purposes will have some contamination present, but not all will meet the definition of contaminated land under Part IIA of the Environmental Protection Act 1990.
You should contact this Authority's Environmental Protection Team, who will advise on further action. The Contaminated Land Officer may wish to visit the site to make an assessment. You may be advised to contact a specialist consultant.
If you have made a planning application relating to a development that is on or close to land deemed to be potentially contaminated (by virtue of a previous use); or the development is due to take place within 250m of a known landfill site, you may have a contaminated land condition attached to your planning permission. A condition is attached in circumstances where we feel that special precautions and contamination remediation works are likely to be required to ensure the development can be implemented with adequate regard for environmental and public safety. To comply with the condition you must ensure that the development is suitable for its new use. The condition will require you to carry out investigations to determine the extent of any contamination and any risk it poses and forward this information to the Council. On the basis of the level of contamination found in the investigations a remedial strategy will need to be submitted and implemented to the satisfaction of the Council. The type of remediation required will depend on many factors including the site location, the nature and size of the intended development, and the nature of the former potentially contaminative use.
Investigations, risk assessment and subsequent preparation of a remediation strategy must be undertaken by suitably qualified personnel.
Generally, it is best to contact the Council's Planning Team to discuss the specific details of your proposed development prior to submitting a planning application. See the Developers Guide to Planning Applications
If a site has the potential to be affected by contamination from either an on or off site source, then the developer/ applicant may be required to submit additional information in support of their application and/or they may be required to provide additional information under conditions of the planning approval.
For those sites that have the potential to be affected by contamination, as a minimum, Planning Policy Stement 23 : Planning & Pollution Control http://www.planningportal.gov.uk/england/professionals/en/1021020428470.html
requires that a desk study and site reconnaissance (commonly called a site walkover) in accordance with British Standard BS 10175:2001 (Investigation of potentially contaminated sites – code of practice) is undertaken and submitted in support of the planning application.
The information given below gives specific details on the type of documents that may need to be submitted.
The desk study involves the collation and assessment of current and historic records, documentation and maps. This study should provide a detailed account of the current and historic uses of the site and surrounding area, including identification of the activities undertaken in association with those uses, identification of the potential contaminants that could be found on the site or that could be affecting the site as a result of those activities or activities undertaken on neighbouring land. Consideration should be given to the interaction between the potential contaminants and underlying geology and hydrogeology and geography e.g. topography, surface waters, details of the intended site layout/ surfacing and the proposed new use e.g. residential with garden areas or commercial with landscaped areas. The purpose being to identify contaminants likely to be present or affecting the site and their chemical form/ properties, pathways along which contaminants may move and the receptors that the contaminants that may affect. A preliminary site specific conceptual model should be developed; this should identify all possible pollutant linkages considered to be applicable to the site in question.
An initial assessment of the hazards and risks associated with the pollutant linkages should be presented within the report. It is recommended that the initial and any subsequent risk assessment follow the technical framework as set out in the DEFRA and Environment Agency guidance document Contaminated Land Report (CLR) 11 – ( Model procedures for the management of land contamination)
http://www.environment-agency.gov.uk/subjects/landquality/113813/881475/
The desk study should also consider how site investigation and the new development will affect the site; will it introduce new ways for contaminants to move across and off site? For example, will piled foundations which penetrate through clay strata to underlying chalk enable contaminants to move down into the chalk aquifer? Consideration should be given to whether site investigation could mobilise contamination and cause pollution of ground or surface waters and details of precautionary measures that can be taken to prevent such occurrences should be provided in the submitted information.
The site walkover involves a competent and experienced person visiting the site to document visual and olfactory (odour) evidence relating to the site and surrounding area. This can assist in identifying key areas of potential contamination e.g. above or underground fuel tanks, storage areas, dumped equipment or containers, staining of the ground or surface water, specific process areas within buildings (e.g. storage areas) may also be identified. Walking round the site can also assist in identifying potential routes along which contaminants could move such as soakaways, drainage routes, streams, gradient changes and surface run off, ground types, and surface cover. A visit may also identify nearby receptors such as housing, play areas, agricultural land, streams/ rivers/ lakes/ reservoirs/ coast, drainage ditches and sensitive environments.
These reports must be compiled by an experienced and qualified consultant. The Council will not accept site investigation reports if they have not been compiled by a competent person.
Guidance documents that may help with the desk study and site reconnaissance include:
If the desk study and site walkover identify a potential for contaminants to be present then the developer/ applicant will be required to undertake a site investigation, this will need to be documented in a report and sent to the Council for approval. This should identify the types and concentrations of contaminants present and how wide and deep the contamination is spread across the site. The site investigation will need to be in accordance with the guidance in British Standard BS 10175:2001 Investigation of potentially contaminated sites – code of practice. The site investigation should seek to confirm information identified in the desk study, site reconnaissance and conceptual model by way of physical investigations such as examination of geological strata, soil and groundwater sampling and gas monitoring. The reasoning behind why samples have been taken from particular areas or why monitoring boreholes have been placed in certain areas must be included within the report. Samples taken from the site should be appropriately labelled, packaged and sent to laboratories for analysis. It is recommended that laboratories are MCERTS
http://www.environment-agency.gov.uk/business/1745440/444671/466158/
accredited for the analysis being requested. Obtaining good representative sample data is technically complicated and must be left to experienced and qualified consultants. The Council will not accept site investigation reports if they have not been compiled by a competent person.
Guidance documents that may assist with site investigation include:
A risk assessment will be required to assess whether the results of samples for substances on site indicate potential risks to human health, the building fabric, services, the environment and ground and surface waters. This is usually reported in the site investigation report. Statistical manipulation of sample data may be required during the risk assessment phase. Risk assessment can be undertaken at various levels ranging from qualitative risk assessment, generic quantitative risk assessment through to detailed site specific quantitative risk assessments. This is complicated and may only be undertaken by experienced and qualified consultants.
Following each stage of investigation and risk assessment the conceptual model should be updated to confirm or dismiss those pollutant linkages initially identified.
Guidance documents that may assist with risk assessment include:
Should unacceptable risks exist, then a remediation strategy must be devised and submitted to the Council for written approval, prior to remedial works being implemented. Depending upon the nature of the site, it may also be necessary to obtain approval from the Environment Agency. The strategy should summarise the pollutant linkages of concern and the risks associated with them. The objectives of remediation should be clearly stated. The strategy should describe the remediation actions that will be necessary to address the risks from contamination, for example gas protection measures within building structures, bioremediation, excavation of soil and disposal off site etc. Dependant upon the remedial actions to be employed, the strategy document should include supporting information such as detailed method statements, plans, specifications, remediation criteria etc. It is recommended that the content is agreed/ discussed with the Contaminated Land Officer.
Guidance documents that may assist in developing the remediation strategy include:
Once remedial actions for a site have been agreed it will be necessary for these to be implemented. Following the implementation of any remedial measures, it is essential that validation documents are submitted to the council (and where applicable, the Environment Agency) to confirm that the remedial works were carried out in accordance with the remediation strategy. This should summarise the actions that have been taken and provide a statement that the site is considered suitable for its proposed use. The validation documents should include plans indicating any areas where soil has been excavated or imported (including the thickness of any final capping layer), the results of any validation sampling (i.e from the base and sides of excavations or samples from bioremediated soil etc), details of imported sub and/or top soil plus accompanying laboratory analysis (to certify any imported material as ‘clean’), photographic evidence of each stage of remediation and as built drawings where required for example foundation design showing gas protection measures. Weighbridge certificates should also be provided to account for any material disposed of off site.
This may be on a whole development scale or on a plot by plot basis. Validation may also be needed for NHBC purposes.
Validation documents must be compiled by a competent person.
No planning condition that required the remediation of a site will be discharged until a validation report has been submitted.
Guidance documents that may assist with validation reporting include:
If the desk study and site walkover have identified a potential for a ground gas (e.g. landfill gas) or groundwater pollution problem, then monitoring of the ground gas and / or groundwater regimes together with contaminant concentrations may be required. For example significant made ground is suspected to be present on site, the site is on or within 250m of a landfill site, the site is on or within the immediate vicinity of a former brick/clay/chalk pit, volatile organic chemicals are suspected on site or on adjacent sites.
Gas spike testing will not be accepted by the Council as it is an unreliable and inaccurate form of investigation. If spike testing is undertaken it will be necessary to develop monitoring boreholes to confirm the absence or presence of gas and therefore it is considered better that monitoring boreholes are developed in the first instance.
The requirements for monitoring of ground gases such as methane, carbon dioxide, carbon monoxide, hydrogen sulphide and trace gases are site specific and are dependant upon the gas source and intended development.
The purpose of gas monitoring is to predict gas concentrations and flow rates under a worse case scenario and therefore the monitoring must seek to reflect these conditions. A one off monitoring event will never be accepted.
It is recommended that guidance documents from the NHBC, CIRIA and the Environment Agency are referred to when undertaking soil gas monitoring.
It will be necessary to demonstrate that regard has been given to best practice guidance. It is recommended that you discuss any gas monitoring proposals with the Contaminated Land Officer.
If it is reasonable to suspect groundwater contamination is present on site then monitoring will be required to assess the groundwater quality and the presence of any contaminants, such as light non aqueous phase liquids (LNAPL) or dense non aqueous phase liquids (DNAPL) or heavy metals. In addition it may be necessary to measure and take into account groundwater flow direction (hydraulic gradient), seasonal fluctuations, presence of any perched water, any abstractions or whether the groundwater is a separate shallow groundwater body or if it is in continuity with a deeper aquifer and whether groundwater is in hydraulic continuity with surface waters.
It is recommended that you discuss groundwater monitoring proposals with the Environment Agency.
Guidance documents that may assist with the design, implementation of groundwater monitoring and interpretation of the results include:
It is not recommended. Firstly it may expose you and others to health risks. Secondly the Government requires that this work is undertaken by a qualified person who has knowledge, experience and is competent in undertaking such work. Just a few of the issues relating to sampling have been listed below.
If monitoring is required should this be from an installation, if so what type, at what depth(s), over how long a period, at what frequency, should sampling be carried out in field or at the lab?
Consultants may be found by searching under ‘Environmental Consultants’ in trade directories including: The BT Phone Book and The Yellow Pages; there are also numerous online sources, including http://www.endsdirectory.com/search/
There is no certainty that a hired professional will always do a good job for you, but by making yourself more aware of what you want them to do and by asking a few questions it will help you to make sure your money is well spent.
This will be site specific and it is recommended you discuss this with the Contaminated Land Officer. Pre-application meetings are encouraged, so that the full requirements can be discussed at the outset.
If your site has been given permission with condition(s) relating to contaminated land then depending upon the wording of the condition it is likely you will be required to submit evidence of the state of the land and its potential risk prior to the commencement of development. Development may include demolition of existing structures or intrusive groundworks.
You will need to allow at least 10 working days following the submission of reports to enable the Contaminated Land Team to review the data and assess whether it is satisfactory. Complex reports may take longer to assess.
If the desk study, site investigation and remediation strategy reports are approved then following commencement of development works you will be required to submit a validation report confirming that the remediation measures have successfully addressed all risks from contamination, this will usually be required prior to the occupation of the dwellings or the buildings being bought into use.
It is recommended that you keep in regular contact with the Contaminated Land Officer throughout the project.
Please note that at the end of a project, the sooner a validation report is submitted and approved – the sooner the condition relating to contaminated land will be discharged.
If information is submitted and it is deemed to be insufficient then you will be informed of why it is considered to be insufficient, and you will be required to submit further information. If you are concerned about this, make sure you contact the Contaminated Land Officer to discuss the proposals before commissioning the work.
You could face enforcement action based on breach of a condition or you could be required to stop works.
It is strongly advised that all required information is submitted in line with any condition.
This situation can be easily avoided and if you are in any doubt please contact either your planning officer in the Department of Development Control or the Contaminated Land Officer.
The condition will be discharged when all of the required information has been submitted and is considered to be sufficient, and not before.
If you do not undertake any of the required work you may face enforcement action under a number of different regimes including planning, building control, and part IIA of the Environmental Protection Act 1990. You may be liable for remediation costs which could require going back on site to undertake sampling and remediation that should have been done during the development. A worse case scenario would be that the development would have to be demolished.
Possibly! Depending upon what contamination is found on site and depending upon whether it is dealt with properly you may find that it could impact upon:
If you or a worker on site find a suspicious substance on site or uncover some buried drums or tanks, then you will need to take advice from professional consultants to find out if you and your workers, nearby buildings/ residents, watercourses and the new development are at risk, in addition to ensuring that you are not breaching any environmental legislation. Unknown substances can be potentially dangerous and a risk assessment should always be undertaken prior to exposing yourself and others.
It is recommended that if it is safe, you make notes detailing what you have found such as the appearance, liquid / solid, any odours, colour variations, depth, approximate quantity etc and if possible take photographs. This documentation will assist you when you speak to consultants and will be essential when proving that the site is suitable for use.
You should contact the Council’s Contaminated Land Officer as soon as possible to inform them of situation. The officer may wish to visit the site to examine what has been found.
To find out more about contaminated land you can view the Councils Environmental Health website http://www.dover.gov.uk/environmental-health/, the Council’s Contaminated Land Inspection Strategy, the DEFRA website www.defra.gov.uk or the Environment Agency website www.environment-agency.gov.uk.
You can receive an informal answer over the phone free of charge; however this will only be a quick check of the computerised historic mapping system used by environmental health.
For a comprehensive response you must make a written enquiry enclosing:
For this, Environmental Health will be able to consult all of the relevant information available to the Council in its response.
It should be noted however that, a negative reply does not imply that the site or any adjoining or adjacent land is free from contamination or from the risk of it; nor does it act as a guarantee against the Authority taking future action in respect of land contamination at the site.
Email: envhealth@dover.gov.uk
Telephone: 01304 872230
