13Contaminated Land

13 Contaminated Land 13 CONTAMINATED LAND 13.1 Introduction a) Scope of Assessment 13.1.1 This Chapter of the Environmental Appraisal (EnvApp) provides an assessment of the current status of land contamination within the Hinkley C Development Site and the potential effects that construction and operation of the development may have with regard to the disturbance and mobilisation of potential contaminants present within the site. The following aspects are covered: Identification of the extent, type and likelihood of contamination within soils/land in the study area; Assessment of the capacity of scheme construction and operation to cause disturbance to potentially contaminated land; and Recommend management strategies, if determined necessary, to deal with potential disturbance to contaminated land and the mobilisation of contaminants. 13.1.2 The site boundary and study area for this assessment is shown in Figure 13.1. A detailed description of the proposed development is provided in Chapter 2, Volume 2 of the EnvApp. 13.1.3 The data presented within this chapter is limited to the areas investigated as part of the fieldworks, the visual observations at the time of the fieldworks and chemical analyses taken on the samples collected from site. Given the potential sources of contamination identified on areas which have not been subjected to site investigation, and without the necessary intrusive investigation data, further potential risk from contamination and the associated impacts cannot be discounted from areas that have not been subjected to site investigation. b) Legislation, Policy and Guidance 13.1.4 Aspects of legislation, planning policy and guidance of relevance to the Development Site and the management of contaminated land are presented below. i) European legislation Directive on Integrated Pollution and Prevention and Control (96/61/EC) 13.1.5 This Directive aims to prevent and/or reduce pollution to air, land or water from a wide range of industrial and agricultural activities in an integrated manner. 13.1.6 Industrial and/or agricultural activities listed by the Directive must be operated under a permit issued by the competent authority (in this case the Environment Agency). The permit must specify conditions on the operation of the plant including: Emission limits for certain substances to air, land and/or water; The use of best available techniques (BAT)1 to prevent and/or minimise pollution of the environment; 1 A series of detailed technical guidance documents known as BREF on BAT for each of the industrial and agricultural processes covered by the Directive have been prepared by the Commission and should be adopted by all competent authorities when writing their permits HINKLEY POINT C PRE-APPLICATION CONSULTATION – STAGE 2 | 1 ENVIRONMENTAL APPRAISAL – VOLUME 2 13 Contaminated Land Consumption of raw materials, energy efficiency, heat, noise, light and vibrations and accident prevention; and Waste management practices to avoid pollution following closure of the site. 13.1.7 The Directive was originally implemented in England by the Pollution, Prevention and Control (England and Wales) Regulations 2000; however, these have since been superseded by the Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538) and 2010 (SI 2010/675). The Water Framework Directive (2000/60/EC) 13.1.8 The overall purpose of the Directive is to establish a framework for the protection of surface fresh water, estuaries, coastal water and groundwater. The objectives of the Directive are to enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands, promote the sustainable use of water, reduce pollution of water (especially by ‘priority’ and ‘priority hazardous’ substances), and ensure progressive reduction of groundwater pollution. Among the main features of the Directive are: Member states should take all necessary measures to ensure that groundwater quality does not deteriorate and to prevent the input of pollutants to groundwater; Discharges of hazardous substances must cease or be phased out within 20 years of their identification as a priority hazardous substance; and All inland and coastal waters within defined river basin districts must reach at least good status by 2015. 13.1.9 In England and Wales, the Directive is being implemented through the Water Environment (Water Framework Directive) England and Wales Regulations 2003. Groundwater Directive (80/68/EEC) 13.1.10 This Directive aims to protect groundwater against pollution caused by dangerous substances, however it is due to be repealed in 2013 by the Water Framework Directive (2000/60/E). The Directive required the prevention of the discharge of List I substances to groundwater, and the investigation of List II substances prior to direct or indirect discharge, and is implemented in England and Wales by the Environmental Permitting (England and Wales) Regualtions 2010 (SI 2010/675) 13.1.11 The EU Directive on the Protection of Groundwater Against Pollution and Deterioration (2006/118/EC) aims to ensure good groundwater quality by 2015, in line with the requirements of the Water Framework Directive, and sets out specific measures for preventing and controlling groundwater against pollution and deterioration. The Landfill Directive (99/31/EC) 13.1.12 This Directive sets out the requirements for the location, management, engineering, closure and monitoring for landfills and includes requirements relating to the characteristics of waste to be landfilled and definitions of types of landfill sites. The Directive categorises landfills into those that can accept either hazardous, non hazardous or inert wastes and defines waste acceptance criteria. The Directive also covers internal waste disposal sites (i.e. where waste is disposed of at or on the site of production). Temporary storage of waste for a period of greater than twelve months also meets the definition of a landfill and therefore falls under the requirements of the Directive. 13.1.13 The Directive is implemented in England and Wales by the Environmental Permiting (England and Walse) Regulations 2010 (SI 2010/675). 2 | HINKLEY POINT C PRE-APPLICATION CONSULTATION – STAGE 2 ENVIRONMENTAL APPRAISAL – VOLUME 2 13 Contaminated Land 13.1.14 The above EU Directives are implemented in the UK though a series of primary (Acts) and secondary legislation (Regulations). ii) National legislation Environmental Protection Act 1990 and associated Contaminated Land Regulations 2006 (SI 2006/2989) 13.1.15 The introduction of the Environment Act 1995 resulted in the addition of Part IIA to the Environmental Protection Act 1990. This Act contains the primary legislation relating to the identification, assessment and remediation of contaminated land and groundwater in the UK. Part IIA (as it is more commonly known) includes a statutory definition of contaminated land, which is: ‘land which appears 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 the significant possibility of such harm being caused, or b) Pollution of controlled waters is being, or is likely to be caused.’ 13.1.16 Tables A and B of the statutory guidance circular 02/2000 defines statutory receptors under Part IIA, which include: Human beings; Various ecological systems and designated ecological sites; Property including crops, produce, livestock and wild animals which are the subject of shooting or fishing rights; and Buildings and Services. 13.1.17 The Contaminated Land Regulations 2006 consolidate the earlier Contaminated Land (England) Regulations, 2000 and also include measures to cover matters relating to radioactively contaminated land (only associated with radioactivity arising from historical practices or works not naturally occurring e.g. radon). The Regulations give the Health and Safety Executive (HSE) the power to deal with radioactive contaminated land on a site licensed under the Nuclear Installations Act 1965 (i.e. in such cases Part IIA will not apply, at least with respect to any radioactive contamination). 13.1.18 The assessment and determination of contaminated land is based around the ‘source-pathway- target’ approach, whereby a linkage (known as a ‘pollutant linkage’ in Part IIA) must be shown to exist between the source of contamination and a target. A pathway could, for example, be a drain or service trench or permeable ground connecting a source to a target. 13.1.19 Part 4 A.37 of the statutory guidance circular 02/ 2000 states that land should not be designated as contaminated land where: A substance is already present in controlled waters; Entry into controlled waters of that substance from the land has ceased; and It is not likely that further entry will take place. Control of Pollution (Oil Storage) (England) Regulations 2001 (SI 2001/2954) 13.1.20 The Regulations have been introduced to reduce the risk of land contamination and water pollution from oil storage, and apply to anyone storing greater than 200 litres of oil in above ground tanks (underground storage is covered by the Environmental Permitting (England and Wales) Regulations 2010) and detail the construction requirement for building of tanks. Oil is HINKLEY POINT C PRE-APPLICATION CONSULTATION – STAGE 2 | 3 ENVIRONMENTAL APPRAISAL – VOLUME 2 13 Contaminated Land defined in the Regulations as ‘any kind of oil and includes petrol’. The Regulations do not apply to the following: Oil storage inside buildings; Waste oil; Oil

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