Regulatory Principles

Regulatory role of Plymouth City Council under Part IIA

The City Council has been given the principal regulatory role under the Part IIA regime. Their duties are as follows:

• cause their areas to be inspected for contaminated land
• determine whether any particular site meets the statutory definition of contaminated land
• act as enforcing authority for all contaminated land which is not designated as a special site (the Environment Agency will be the enforcing authority for special sites)
• to establish who should bear responsibility for the remediation of the land (the appropriate person or persons)
• to decide, after consultation with the appropriate person, the landowner and the Environment Agency, what remediation is required in any individual case and to ensure that such remediation takes place, either through agreement with the appropriate person or by serving a remediation notice on the appropriate person if agreement is not possible or, in certain circumstances through carrying out the work themselves
• where a remediation notice is served, or the authority itself carries out the work, to determine who should bear what proportion of the liability for meeting the costs of the work
• to record certain prescribed information about their regulatory actions on a public register

Regulatory role of the Environment Agency under Part IIA

The Environment Agency has a support role for local authorities and is responsible for providing local guidance. The Agency has already been active in providing seminars and training programmes for Local Authority officers and has helped to steer the implementation of the new legislation.

They have four principle roles identified in the Statutory Guidance:

• assist Local Authorities in identifying contaminated land, particularly in cases where water pollution is involved
• provide site-specific guidance to Local Authorities on the remediation of contaminated land
• act as the enforcing authority for any land designated as a special site
• publish periodic reports on contaminated land

Definition of contaminated land under Part IIA

Section 78A(2) of the EPA 1990 defines contaminated land as:

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 a) significant harm is being caused or there is a significant possibility of such harm being caused or pollution of controlled waters is being, or is likely to be caused and (b) in determining if land should be regarded as contaminated land, the Local Authority must have regard to appropriate guidance issued by the Secretary of State.

Source, pathway and receptors

The definition of contaminated land raises the question of risk and an appropriate means of assessment of such risk. If there is the possibility of a contaminant affecting a certain receptor, there has to be a pollutant linkage a means by which the pollutant can reach the receptor.

There has to be a source, a pathway and a receptor;

• Source - a contaminant is substance which is in, on or under the land and which has the potential to cause harm or to cause pollution of controlled waters.
• Pathway - the route by which a receptor is being or could be exposed to, or attected by a contaminant.
• Receptor - it is either: a) a living organism, a group of living organisms, an ecological system or a piece of property that is listed in the Statutory guidance for significant harm and is being or could be harmed by contaminant or b) controlled waters which are being, or could be, polluated by a contaminant.

If a pollutant source, pathway and receptor are found to be present there is a risk to the identified receptor. A careful risk assessment must then be undertaken. If there is an absence of any part of the source, pathway or receptor process, there is no risk and therefore no risk assessment is necessary.

Circular 2/2000 lists those receptors to be considered and the categories of significant harm and matters that relate to significant possibility of significant harm.

The Guidance lists several potentially sensitive receptors that can be affected by a contaminant. Harm to any other type of receptor can not be regarded as significant harm for the purposes of Part IIA.

Table 1 indicates the receptors that are listed in the Statutory Guidance as being sensitive receptors.

Sensitive receptors

• Human Beings
• Ecological systems or living organism forming part of a system within certain protected locations, including:
• Sites of Special Scientific Interest (SSSIs)
• National Nature Reserves
• Marine Nature Reserves
• Nature Reserves
• Special Areas of Conservation (SACs)
• Special Protection Areas (SPAs)
• Candidate SACs and SPAs
• Ramsar sites
• Areas of special protection for birds
• Property in the form of buildings, including:
• Ancient Monuments
• Property in other forms
• Crops
• Livestock
• Home-grown produce
• Owned or domesticated animals
• Wild animals subject to shooting or fishing rights
• Controlled waters
• Surface waters (eg rivers, lakes, streams)
• Drinking water abstractions
• Source protection zones
• Groundwater private abstractions
• Groundwater major aquifers

A strategic approach

In carrying out its inspection duty under Section 78 B (1) EPA 1990 the Council will take a strategic approach to the identification of land, which merits detailed individual inspection. This will:

• be rational, ordered and efficient
• be proportionate to the seriousness of actual or potential risk
• seek to ensure that the most pressing and serious problems are located first
• ensure that resources are concentrated on investigating in areas where the authority is most likely to identify contaminated land
• to ensure that the local authority efficiently identifies requirements for the detailed inspection of particular areas of land

In developing this approach the Council will consider local circumstances, in particular:

• any available evidence that significant harm or pollution of controlled waters is actually taking place
• the extent to which any particular receptor may be found in the city
• the extent to which any receptors are likely to be exposed to a contaminant
• the extent to which information on land contamination is readily available
• the nature and timing of past redevelopment in different parts of the city
• the extent to which remedial action may have formerly taken place
• the extent to which other regulatory authorities are likely to be considering the possibility of harm being caused to particular receptors or the likelihood of any pollution of controlled waters within the city
• the history and nature of industrial or other activities and relevant geographical and geological information

Strategy development

The development of this strategy has taken place within the framework of the Directorate of Regeneration prior to the engagement of dedicated staff. The Assistant Head of Environmental Regulation Service provides land quality input to the Development Control Planning Cycle where planners and environmental health officers consider contaminated land and development issues together. Local Plan development will also take account of the new Contaminated Land regime.

Internal team

The preparation of the strategy has identified the need for an internal team of officers to guide its development and implementation by meeting on a regular basis. The multi-disciplinary Land Quality Strategy Group will guide the strategy through the next stages of development.

To fulfil the duties prescribed in the strategy, the Council appointed an Environmental Protection Officer in June 2001. The Head of Environmental Regulation Service will be responsible for the administration of the Contaminated Land Regime.

Internal liaison

Internal liaison regarding matters relating to contaminated land will have three main foci:

• Land Quality Strategy Group
• Development Control Appraisal and Planning Committee Cycle
• Local Plan Liaison

Formal consultation

The Statutory Guidance requires that the Council should liaise with various bodies:

• Environment Agency
• English Nature
• Ministry of Agriculture, Fisheries and Food (now part of the Department for the Environment, Food and Rural Affairs DEFRA)
• Food Standards Agency
• Regional Development Agency
• English Heritage

A copy of the draft Strategy will be circulated to these agencies together with adjoining Local Authorities and other interested parties.

Distribution

All formal Consultees will be sent copies of the strategy document along with Plymouth Environment Forum, Pathfinder Environmental Sustainability Group, Central Library and neighbouring authorities. The Councils Local Agenda 21 Team will be invited to circulate copies to groups or individuals known to have an interest. The document will be made freely available at the Civic Centre offices and area offices.

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