Local Authority Statutory
Contaminated Land
Strategies

Under the requirements of the Environmental Protection Act 1990 Part IIA and DETR Circular 2/2000 every local authority must produce, adopt and publish a written strategy stating how it intends to implement the new contaminated land legislation.

In support of this process Zero environment produced a strategy framework document for local authorities together with a series of training days. An outline of the document is produced below. Over 70 local authority are now using this strategy and support continues to be offered in the form of further training and consultancy services.

See also:

In house training

Recent projects

Contaminated land

Expert witness CV

Contaminated land screening levels

Client base (local authority) (private)
 

STATUTORY CONTAMINATED LAND STRATEGY FRAMEWORK DOCUMENT

As required under the provisions of the
Environmental Protection Act 1990 Section 78B

This document of over 60 pages (A4) is available for local authorities to develop their own strategy around. It has been designed to help pave the way for the many difficult decisions anticipated by the new regime and to ensure a broad understanding of the process by the target audience. A comprehensive seven page index also allows rapid reference to the many complex subject areas.  It can be examined in detail by officers with responsibility for Part IIA prior to purchase and a simple guide on how to develop the strategy is included. It is appreciated that this a continuously developing area therefore a service to provide regular updates will be available to clients who require it, up until the date of publication.

The document comprises:

INTRODUCTION / OVERVIEW (in eleven parts) -

1. BACKGROUND TO THE LEGISLATION. An explanation of the difficulties which lead up to the introduction of Section 57 and why it was deemed necessary.

2. EXPLANATION OF TERMS. This highlights the need to take note of the unusual terminology which is used throughout, and refers to the DETR glossary which can be appended if necessary.

3. NATIONAL OBJECTIVES OF THE NEW REGIME. It is necessary to make clear what the Government is trying to achieve with this unique piece of legislation so their objectives can be related directly to -

4. LOCAL OBJECTIVES. Framework to be developed by the local authority relating to their own corporate plans, Agenda 21, sustainability, development etc.

5. ABOUT THIS STRATEGY. A brief explanation as to why the strategy has to be produced, how it must be done and in what timescale.

6. ROLES AND RESPONSIBILITIES. There are a lot of misconceptions as to who is responsible for implementation of the strategy therefore it is necessary to make clear the roles of the local authority and the Environment Agency.

7. OUTLINE OF THE STATUTORY PROCEDURE. Officers will need to try to explain to their Members, other departments, and the public, as simply as possible how the procedure must operate.

8. SITUATIONS WHERE THE REGIME DOES NOT APPLY. The first duty of the contaminated land officer in any situation is to understand which legislation applies to the incident. There are in the order of a dozen related systems of enforcement which could take precedent.

9. LAND UNDER THE OWNERSHIP OF THE ENFORCING AUTHORITY. Councils own a lot of contaminated land and the relationship between the enforcing department and that responsible for the land needs to be, 'transparent.

10. FINANCIAL AND MANPOWER IMPLICATIONS. This is a highly complex piece of legislation and requires considerable resources to apply it. This must be made abundantly clear.

11. THE NEED FOR TEAM WORKING. The strategy can impact on most every department of the Council and the need for a corporate approach must be emphasised.


PART 1 - DESCRIPTION OF THE AREA AND HOW ITS PARTICULAR CHARACTERISTICS IMPACT ON THE INSPECTION STRATEGY
Detail of the specified receptors and potential sources of contamination in the District.

PART 2 - IDENTIFICATION OF POTENTIALLY CONTAMINATED SITES AND THEIR PRIORITISATION ACCORDING TO RISK
Description of the method of identification of pollutant linkages and methods of prioritisation including a contaminant-receptor-pathway assessment protocol designed to enhance CLR 6, plus a multi-stage assessment form.

PART 3 - OBTAINING FURTHER INFORMATION ON POLLUTANT LINKAGES AND THE RISK ASSESSMENT PROCESS
An explanation of the stages of risk assessment, how desk top information will be gathered, inspection of land, powers of entry, special sites, determination of, and failure to determine, pollutant linkages.

PART 4 - THE WRITTEN RECORD OF DETERMINATION AND FORMAL NOTIFICATION A short section on how pollutant linkages will be recorded and notified to interested parties.

PART 5 - LIABILITY AND ENFORCEMENT
A brief explanation of apportionment and liability, 'appropriate persons', enforcement, remediation, and, urgent cases.

PART 6 - DATA HANDLING AND ACCESS TO INFORMATION
Details of the information the local authority must make available by statute, and how it will deal with the remainder. The implications of the Data Protection Act and Environmental Information Regulations.

PART 7 - QUALITY CONTROL, PERFORMANCE INDICATORS AND REVIEW
Outline to be developed as and when indicators are published and in accordance with local authority's own QA / QC protocols. Arrangement for reviewing decisions and the strategy itself.

PART 8 - PROJECTED COSTS AND TIMETABLE
Outline again to be developed according to local authority's resource capability.

APPENDICES

1) SPECIAL SITES - what they are at a glance.

2) LIST OF CONSULTEES AND CONTACT POINTS - all likely contacts listed with addresses, telephone and fax numbers.

3) POLLUTION OF CONTROLLED WATERS - clarification of what constitutes pollution of controlled waters, when the land is a special site, and when the Council becomes the enforcing authority.

4) LIST OF POTENTIALLY CONTAMINATIVE LAND USES - to hopefully ensure there are no surprises for Members in the years to come.

5) POWERS OF ENTRY AND APPOINTMENT OF 'SUITABLE PERSONS' - local authorities may wish to rely on the evidence of 'suitable persons', therefore they must produce careful selection criteria.

6) EXAMPLES OF PRELIMINARY AND STAGE 1 & 2 ASSESSMENTS OF SITES - including CRP assessments and use of the multi stage assessment form.

Available in paper and electronic form for £500 plus VAT

For more information

e-mail enquiries@zeroenvironment.co.uk

Tel: 01926 62 49 66

Fax: 01926 62 49 26

Or write to:
Zero environment Ltd
PO Box 1659
Warwick
CV35 8ZD