Environment Directorate Contaminated Land Contaminated Land Inspection Strategy Revision 4 | February 2013 Foreward This Contaminated Land Strategy describes how Flintshire County Council is required to identify sites within its administrative control that may be affected by land contamination. The document also explains the statutory guidance, legislative provisions, processes and procedures that the Council will follow in order to investigate those sites, to identify statutorily Contaminated Land where necessary and to remediate Contaminated Land. The Council first published its Contaminated Land Strategy in September 2002. Since then a number of investigations to assess land contamination have been carried out and significant changes to legislation and guidance documents have taken place. This revision of the Strategy has taken these changes into account and amendments have been made where necessary. This revision of the Strategy replaces all previous revisions of Flintshire County Council’s Contaminated Land Strategy. Flintshire County Council Environment Directorate Public Protection Pollution Control Section Phase 4 County Hall Mold Flintshire CH7 6NH Contaminated Land Strategy Revision 4 February 20 Contaminated Land Inspection Strategy 2 Executive Summary Land can be affected by contamination in the environment as a result of human activity and as a result of natural processes. The presence of contamination may cause harm or present risks to health, animals, buildings or the environment. However, just because contamination is present does not mean that the land is Contaminated Land or that there is a problem. On 1st July 2001, legislation requiring land contamination to be investigated and addressed was enacted in Wales. The legislation is known as Part IIa of the Environmental Protection Act 1990 and it introduced a detailed way by which land contamination could be regulated. It charges each Local Authority with a duty to identify and investigate land which may be affected by contamination. It also requires Local Authorities to secure the remediation of land contamination where necessary. The investigation and identification of land which may be affected by contamination is to be carried out in an ordered manner and each Local Authority, including Flintshire County Council, is required to publish a Contaminated Land Strategy to explain how this will be done. A large number of sites may be identified as potentially affected by land contamination and Part IIA of the Environmental Protection Act 1990 requires the Council to investigate each one in a prioritised manner. This means that sites where the greatest harm is or is more likely to be taking place are to be investigated first. The prioritisation process takes into account the individual circumstances at each site and it will take place in 3 stages. When the prioritisation process is complete, each site will be investigated in turn to understand the relationships, if any, between contamination and receptor. Land contamination investigations and the assessment of risk are carried out in phases. There are usually 4 phases. 1. Desk Study (preliminary risk assessment) 2. Intrusive Investigation (detailed risk assessment) 3. Remediation 4. Verification The outcome of the assessments carried out at each stage will determine if it is necessary to progress to the next stage. For example, if the Desk Study finds that there are likely to be unacceptable levels of contamination present then it will be necessary to carry out an intrusive investigation. If the intrusive investigation finds that there are unacceptable risks to receptors as a result of the presence of the contamination then remedial works to remove or reduce those risks to acceptable level will be necessary and the site may formally be determined as statutorily Contaminated Land. The ‘Polluter Pays’ principle applies to Part IIA of the Environmental Protection Act 1990, and the responsibility for land contamination rests with those who caused it, the owner or occupier of the land or the person developing the land. The Council will make reasonable enquiries to identify and trace those responsible for causing the contamination and each individual link between contamination and receptor and will offer them an opportunity to carry out remedial works voluntarily. Contaminated Land Inspection Strategy 3 Land contamination at some sites may be found to be affecting Controlled Waters such as Rivers, Lakes, Streams and Groundwater. These sites are known as Special Sites and will be referred to the Environment 1 Agency. If the remedial work will not be carried out voluntarily, the Council and in the case of Special Sites the Environment Agency, may decide to take formal action against those responsible to secure the work. A significant number of sites identified as a result of the prioritisation process will be put forward for development and investigated through the planning process. The Council’s development control and planning function already plays a key role in many aspects of pollution prevention and control. Land contamination is a material planning consideration and so it must be taken into account by the Council when assessing an application for planning permission and when deciding whether or not to grant planning permission. Many applications are received for sites that may be affected by land contamination and the presence of contamination in the ground can present not only risks to health, structures and the environment but can also adversely affect or restrict the use of the land. The development of the land offers an opportunity to 2 investigate and address those risks and to restore the b eneficial use of the land. Where there is a possibility that the site intended for development is affected by contamination, the developer will be required to demonstrate that contamination present at the site may reasonably be addressed and that once developed, the site is suitable for the use proposed and is incapable of being formally determined as statutorily Contaminated Land in accordance with the provisions of Part IIA the Environmental Protection Act 1990. The Council will carry out regular reviews of its Contaminated Land Strategy and each site that the prioritisation process has identified. If the circumstances at a site have changed, its priority may change and it may be inspected for the first time or it may be inspected again. 1 The Environment Agency, Countryside Commission for Wales and the Forestry Commission will merge in April 2013, and from then will be called Natural Resources Wales 2 The Council has produced an advisory guide ‘The Development of Land Affected by Contamination – Reports to Support Planning Applications’ to complement this Strategy. Contaminated Land Inspection Strategy 4 1.0 | Introduction Land can become affected by contamination as a result of human activity, a previous use of the land or natural processes which leave behind contamination that may or may not reduce or disappear over time. Wales has a long and varied industrial history. Industrial activities, pollution and waste disposal have left Wales with a legacy of contamination. It is not only Wales’ industrial past that has contributed to land contamination, some natural process have also played their part. The varied and complex geology that underlies Wales is rich in minerals and metals which over time have found their way into shallower ground and it is common to find high levels of some in the soil. In some cases, the levels of contamination present may be capable of causing unacceptable risks of harm to human health or the environment and be sufficient for the land to be considered Contaminated Land. Every Local Authority, including Flintshire County Council, has a duty imposed on it by Part IIA of the Environmental Protection Act 1990, to identify and investigate land that may be affected by contamination. A large number of sites may be identified as potentially contaminated and the legislation requires that these sites are investigated in a prioritised manner. Sites where the greatest harm is occurring or is likely to occur are investigated first. This Contaminated Land Strategy describes how Flintshire County Council is required to identify sites within its administrative control that may be affected by land contamination and it explains the steps that the Council will take to investigate the land and secure the remediation of contamination. 2.0 | Objectives This Strategy has a clear aim to promote, support and complement legislative requirements, Government, Welsh Government and the Council’s own policies and priorities to protect and improve Public Health and the environment in which we live. The key objectives of the Strategy are; • To identify and remove unacceptable risks to human health and the environment reduce the amount of land contamination in Flintshire, • To ensure compliance with legislation, regulations and guidance, • To ensure that enforcement action is taken if necessary, • To encourage the redevelopment of previously developed land and to promote the principles of sustainable development, • To ensure that where redevelopment takes place, land contamination is addressed, • To explore and address the Council’s own liabilities, • To minimise new liability to the Council from the sale and purchase of land, • To minimise unnecessary costs of dealing with land contamination to taxpayers, businesses and individuals. • The objectives of the Strategy support not only the Council’s Corporate Plan but also