Certain types of industrial and human activities contaminate land areas around the country. Accidental releases of substances into natural environments can also cause land contamination.
So, how can you check whether your business is operating on a contaminated site and who has the responsibility for cleaning up contaminated land in United Kingdom?
Substances that can contaminate the ground and waterways, include:
As a rule, it would be defined as 'contaminated land' if any of the substances contained on or in it are causing (or may cause):
There are some common sites whereby land is more prone to becoming contaminated. Typical examples include areas that have previously been used as a:
Certain types of contaminated land can be classified as 'special sites'. In this case, the Local Authority would no longer be the enforcing authority. Special sites include land that:
Note: The Environment Agency produce technical guidance on contaminated land management including how to assess, investigate, and manage the risks involved.
If a local council designates an area as a special site, the authority over it would then be enforced and regulated by:
As a rule, it will be the local council or one of the environment agencies who would decide whether your land is contaminated. There are several reasons why they may investigate the state of your land, such as if:
Note: You should contact your local council if you have any reasons to believe that your land is contaminated.
In fact, the rules on who is responsible for land contamination, and how to deal with it, differ. It would depend on whether the authorities consider it as 'contaminated land' in a legal sense.
In most cases, the person who caused the contamination, or allowed it to happen, is responsible for dealing with it if it's legally considered to be 'contaminated land'. Exceptions to this rule may occur if:
If this happens, the council or environment agency would usually make a decision on who has the responsibility for dealing with it. They can determine the landowner is responsible (or another person who uses the land).
The council or the environment agency would usually follow this up by:
What if the person fails to deal with the contamination? In this case, they would receive a 'remediation notice' from the council or agency. A remediation notice gives the date of when the issue needs to be taken care of.
Note: It is possible to agree a voluntary scheme with the council or environment agency. You may set this up if you are responsible for some (or all) of the clean up. You would need to inform them what steps you will take to clean up the contaminated land.
As the landowner, or person responsible for causing it, you may have the responsibility to clean the contamination if it is not legally considered as 'contaminated land'.
Note: Failing to deal with contamination that you are responsible for can result in legal action. You can read more in the principles of contamination risk management as a landowner or a developer.
To develop it, you would need to deal with the contamination before you get planning permission or as part of the actual development. Your local council can provide further details on what you must do to ensure land is suitable for a proposed development.
Contaminated Land Regulations in United Kingdom