Revised Contaminated Land Inspection Strategy

December 2014

Local Authority Officer David Blazer Department Environmental Protection Team Report Reference RCLS v1.0

Address Thurrock Council, Civic Offices, New Road, Grays, Essex. RM17 6SL

Telephone 01375 652096 e-mail dblazer@thurrock.gov.uk Date December 2014

Contents Executive Summary 1. Introduction Page

1.1. Our Vision for Thurrock 1 1.2. Section 17 2 1.3. Regulatory Context 2 1.4. Regulatory Role of the Local Authority 3 1.5. Objectives of the Strategy Document 3

2. The Local Environment

2.1. Characteristics of Thurrock Borough Council Area 4 2.2. Geographical Location 4 2.3. Industrial Heritage 4 2.4. Area and Population Distribution 5 2.5. Local Authority Owned Land 6 2.6. Current Land Use Characteristics 6 2.7. Development 6 2.8. Proposed Residential Development 7 2.9. Previous Residential Development 8 2.10. Protected Locations 9 2.11. Geological and Hydro-geological Characteristics 9 2.12. Drift 9 2.13. Solid 10 2.14. Water Resource and Protection Issues 11

3. The Definition and Risk Assessment of Contaminated Land

3.1. Definition of Contaminated Land 13 3.2. Potential Sources of Contamination 13 3.3. Potential Receptors 14 3.4. The Process of Risk Assessment 15 3.5. ‘Normal’ Concentration Levels of Contaminants 16 3.6. Use of Generic Assessment Criteria and other Technical

Tools 16 3.7. Significant Harm to Human Health 16 3.8. Possibility of Significant Harm to Human Health 17 3.9. Deciding Whether a Possibility of Significant Harm is

Significant 17 3.10. Significant Harm and Significant Possibility of Such

Harm (non-human receptors) 19 3.11. Significant Pollution of Controlled Waters and

Significant Possibility of such Pollution 20 3.12. Pollution of Controlled Waters 20 3.13. Significant Pollution of Controlled Waters 20

4. Aims and Objectives of the Inspection

4.1. Aims 22 4.2. Objectives 22

5. Procedures

5.1. Internal Management Arrangements for Inspection and Identification 24

5.2. Information Collection 24 5.3. Information Management 24 5.4. Geographical Information Systems (GIS) 24 5.5. Information and Service Requests 25 5.6. Information Evaluation 25 5.7. Risk Prioritisation 25 5.8. Special Sites 27 5.9. Contaminated Land Determination 27 5.10. Orphan Sites 28

6. Remediation

6.1. Principles of Remediation 30 6.2. Practicability, Effectiveness and Durability

of Remediation 30 6.3. Remediation Verification 31 6.4. Appointment of External Consultants 31

7. Interaction with other Regulatory Regimes

7.1. Planning 32 7.2. Pollution of Controlled Waters 34 7.3. Environmental Permitting Regime 34

8. Public Register 35 9. Review Mechanisms 36 References Tables Figures Appendices

Executive Summary Part 2A of the Environmental Protection Act 1990 (EPA) came into force on the 1st of April 2000 which introduced a regulatory regime for contaminated land in England. The provisions of the Statutory Guidance for the legislation introduced a methodology for the identification and remediation of land that may, through previous historic or current use, pose an unacceptable risk to human health or other statutorily defined receptors. Thurrock Borough Council (TBC) first published its Inspection Strategy for Contaminated Land in June 2001, a document approved by the Council Cabinet which specified how the Authority would undertake this statutory duty as required by the legislation. The Strategy needs to be reviewed in order to comply with the revised Statutory Guidance that was published in April 2012. The Contaminated Land Statutory Guidance (the Guidance) aims to provide greater clarity to regulators when deciding if land is contaminated or not and replaces the existing guidance published in 2006. The reviewed Strategy will provide the framework for the continued inspection by Thurrock Council of its borough in a rational, ordered and efficient manner as required by the Guidance. In addition, the reviewed Strategy will outline how the Authority has managed information gathered on potentially contaminated land under the previous inspection strategy.

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1.0 Introduction The reviewed strategy will consider Thurrock Borough Council (TBC) aspirations for the improvement of the borough and comply with the stated vision for Thurrock. 1.1 Vision for Thurrock: Vision: Thurrock: A place of opportunity, enterprise and excellence, where individuals, communities and businesses flourish. To achieve our vision, we have identified five strategic priorities: 1. Create a great place for learning and opportunity

• Ensure that every place of learning is rated “Good” or better • Raise levels of aspiration and attainment so that residents can take advantage

of local job opportunities • Support families to give children the best possible start in life

2. Encourage and promote job creation and economic prosperity

• Promote Thurrock and encourage inward investment to enable and sustain growth

• Support business and develop the local skilled workforce they require • Work with partners to secure improved infrastructure and built environment

3. Build pride, responsibility and respect

• Create welcoming, safe, and resilient communities which value fairness • Work in partnership with communities to help them take responsibility for

shaping their quality of life • Empower residents through choice and independence to improve their health

and well-being 4. Improve health and well-being

• Ensure people stay healthy longer, adding years to life and life to years • Reduce inequalities in health and well-being and safeguard the most

vulnerable people with timely intervention and care accessed closer to home • Enhance quality of life through improved housing, employment and

opportunity 5. Promote and protect our clean and green environment

• Enhance access to Thurrock's river frontage, cultural assets and leisure opportunities

• Promote Thurrock's natural environment and biodiversity • Inspire high quality design and standards in our buildings and public space [1]

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1.2 Section 17: Crime and Disorder Act 1998 In 1998 the explanation of the Section 17 duty originally stated: ‘Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions on, and the need to do all it reasonably can to prevent, crime and disorder in its area.’ The definition of Section 17 was amended by the Police and Justice Act 2006 and states that: ‘Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all it reasonably can prevent, a) Crime and disorder in its area (including anti-social behaviour and other behaviour adversely affecting the local environment); and b) The misuse of drugs, alcohol and other substances in its area.’ The Crime & Disorder Act 1998 provided the framework for the establishment of statutory Community Safety Partnerships (CSPs). It gave the lead responsibility for crime and disorder reduction to the police and local authorities, as well as a duty to consider crime and disorder in all their activities. During the implementation of this reviewed strategy and the continued inspection of the borough for potentially contaminated land, environmental crime may be encountered. This could include fly-tipping, pollution of water courses, unlicensed waste transfer stations etc., if such activities are found they will be reported to the relevant authorities. [2] 1.3 Regulatory Context Over past centuries commercial and industrial land usage throughout the United Kingdom has created a legacy of land that is contaminated. To address this issue it is now national policy to: • regulate industrial processes to avoid future contamination; • to ensure that previously used land is remediated to a standard that is suitable

for its current use so that it does not pose an unacceptable risk to human health or the environment.

To this purpose the Government has introduced legislation with regard to the identification and remediation of contaminated land. Under Part 2A of the EPA, inserted by Section 57 of the Environment Act 1995, a new regulatory regime has been introduced. On the 1st April 2000, the Contaminated Land (England) Regulations 2000 brought the contaminated land regime into force.

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The regime aims to deal with the legacy of contaminated land caused by a wide variety of industrial, mining and waste disposal activities. From April 2012 a revised statutory regime for the identification and remediation of contaminated land came into force. This statutory regime refines the risk assessment categories of Part 2A of the EPA and removes land that is contaminated by virtue of radioactivity from the guidance. 1.4 Regulatory Role of the Local Authority Part 2A of the EPA requires that local authorities inspect their areas to identify potentially contaminated land. The local authority shall inspect its area for the purpose of: • identifying contaminated land; and • deciding whether any such land is required to be designated as a special site. There are two types of inspection to be undertaken by the local authority: • a strategic inspection, collecting information to make a broad assessment of

land within an authority’s area and then deciding whether more detailed considerations required; and

• carrying out the detailed inspection of particular land to obtain information on

ground conditions and undertaking a risk assessment which support decisions made under the Part 2A regime relevant to that land. [3]

TBC will undertake to fulfil the requirements of the Guidance described above through the implementation of this revised inspection strategy. 1.5 Objectives of the Strategy Document The main objectives of this revised inspection strategy are to: • meet the statutory requirements set out in Part 2A within a specific local

context; • provide a step-by-step guide explaining the strategic approach that TBC will

take to implement its inspection duties under Part 2A; • set out clear guidelines on how TBC will liaise with statutory and non-statutory

bodies, land owners, occupiers and other interested parties throughout the implementation of Part 2A;

• set the procedures for the management of information accrued with regard to

potentially contaminated land.

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2.0 Local Environment 2.1 Characteristics of Thurrock Borough Council Area This section describes the main characteristics of the borough of Thurrock. It aims to highlight various distinguishing features around the borough that will be used in the identification and assessment of potentially contaminated sites. 2.2 Geographical Location The borough of Thurrock stretches from Purfleet in the west to Corringham in the east; from Tilbury in the south to Bulphan in the north. The borough is located in South Essex and is within the Thames Gateway. The borough has three major roads running through it; the M25, A13 and A282 (the Thames Crossing) and as a result is a major freight transport hub. The River Thames constitutes the southern boundary of the borough and is the location for Tilbury Docks, Purfleet Deep Wharf and the new container port being built on the site of the former Shell Oil refinery at Shell Haven. 2.3 Industrial Heritage The historic industrial development of Thurrock is linked closely to its proximity to London and to the River Thames which provided a transport route for goods and people. In addition the borough has natural resources which have been exploited in various ways. Farming and fishing have been important and chalk has been quarried since at least medieval times. Clay has also been extracted leading to a successful brick industry particularly in Grays and Little Thurrock. The cement industry expanded from 1860 developing from the chalk industry. Extensive winning of sands and gravels have taken place within the borough for use in the construction industry. As a result of the extensive quarrying and the boroughs close proximity to London landfilling of former pits, particularly in the southern half of the borough, is widespread. Other industries, such as oil refining from 1876, margarine manufacture from 1917, board and packaging from 1902, soaps and detergents since 1940, and power generation, have been based in Thurrock. These have been located mainly along the river Thames.

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2.4 Area and Population Distribution The 2011 census showed that Thurrock had a population of 157,705 which is an increase of 14,000 (10%) since 2001.

The changes of the population by ward in Thurrock are shown below;

Ward Total Population % Population Change

Total Households

Tilbury St Chads 6177 4.7 2469

Tilbury Riverside and Thurrock Park

6878 11.3 3031

Belhus 9780 11.9 4201 West Thurrock and South Stifford

10478 34.2 4934

Chadwell St Mary 9865 2.3 4261 Ockendon 9680 7.7 4493 Aveley and Uplands

8912 6.1 4076

Grays Riverside 11695 25.3 5381 Grays Thurrock 9150 0 3863 Stanford East and Corringham Town

8607 -3.1 3891

Stifford Clays 6460 3.7 2735 East Tilbury 6364 -0.9 2722 Little Thurrock Blackshots

5770 -3.1 2550

Stanford-le-Hope West

6379 -4.0 2886

Corringham and Fobbing

5478 -4.2 2413

Little Thurrock Rectory

5955 0.15 2817

Orsett 6115 8.65 2553 The Homesteads 8507 -6.7 3536 Chafford and North Stifford

8071 43.3 3045

South Chafford 7384 148 3003 The wards showing the largest increases in population (>8%) are areas that have seen the most re-development of Brownfield sites and derelict land since 2001. This reflects the industrial heritage of the borough with a significant proportion of the population increase centred on former industrial and commercial sites along or close to the riverfront. Green belt comprises approximately 60% of the area, principally within the north of the borough. [4]

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2.5 Local Authority Owned Land It is a specific requirement of the Guidance that an authority should declare how it intends to consider land for which it has responsibility, due to current or former land occupancy or ownership. A register of Local Authority owned land is retained by the Lands Section, Thurrock Council. According to this register land in Thurrock’s ownership is principally occupied by housing, schools and public open space within the more urban areas of the borough. [5] 2.6 Current Land Use Characteristics Since the publication of the original Inspection Strategy in 2001 there has been a significant increase in residential land use. This includes developments on Brownfield sites such as the Chafford Hundred, The Dipping (Purfleet), Esso North Site (Purfleet), Arisdale Avenue (South Ockendon) and Schoolfield Road (West Thurrock). Generally, with the exception of Aveley and South Ockendon, the land use in Thurrock can be summarised as being land north of the A13 is predominantly in agricultural use. Land south of the A13 as mainly residential and commercial with some agricultural use. Major industry still remains generally located close to the river Thames this includes Proctor and Gamble, Purfleet Deep Wharf, Tilbury Docks, freight distribution companies and petroleum product storage and distribution. Lakeside Regional Shopping centre is located in West Thurrock within a former chalk quarry which was associated with the demolished Tunnel Asbestos Cement Works. 2.7 Development The extent of proposed development in the borough is of direct relevance to the Inspection Strategy as it presents a mechanism by which consideration may be given, through the planning process, to the presence of contamination and measures required for remediation. The Thurrock Unitary Development Plan (UDP) that was deposited in March 2003 has been replaced by the Local Development Framework (LDF) which was adopted in December 2011. The Adopted Core Strategy and Policies for Management of Development within the LDF, under Core Strategic Spatial Policy 1 – Sustainable Housing and Locations (CSSP1), sets out the scale and broad locations of new housing development. This will meet the East of England Plan requirements for 18,500 new dwellings in Thurrock to be delivered over the period 2001 to 2021.

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2.8 Proposed Residential Development Under the policy CSSP1 within the LDF Thurrock is required to deliver a minimum of 18,500 dwellings between 2001 and 2021. The policy also makes provision through allocations at broad locations for approximately 13,550 dwellings for the period 1 April 2009 to 31 March 2021. Within the overall total allocation there is an Indicative Provision for 4750 dwellings for the 5-year period 1 April 2021 to 31 March 2026. The allocation of land for development within the policy is set out below: • to allocate at least 85% of new housing development in the 5-year period

2011-2016 inclusive to Previously Developed Land (PDL) locations in and around the Thurrock Urban Area;

• to allocate at least 80% of new housing development in the period 2011-2026

to PDL locations in and around the Thurrock Urban Area. • to identify indicative broadly defined locations for the release of sufficient PDL

in and around the Thurrock Urban Area. The great majority of new housing and associated development for the period 2009-2021 will be located in and around the Thurrock area summarised below:

Location No of Dwellings Purfleet 3180 West Thurrock/Lakeside Basin 3365 Grays 2605 Tilbury including town centre 470 Chadwell St Marys 390 Total 10,010 [6]

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2.9 Previous Residential Development The Thurrock Council Planning Department Annual Monitoring Report for 2011 provides details of house building on previously developed land. This shows that:

Net Dwelling Completions on Previously Developed Land

Completions on Previously Developed

Sites

Completions on all Sites

April 01/April 02 819(90.4%) 906

April 02/April 03 753(78.7%) 957

April 03/April 04 448(91.6%) 477

April 04/April 05 1119(95.7%) 1167

April 05/April 06 735(99.0%) 739

April 06/April 07 382(92.5%) 413

April 07/April 08 156(96.9%) 161

April 08/April 09 133(99.2%) 134

April 09/April 10 88(100%) 88

April 10/April 11 217(74.8%) 290

For the period April 2001 to April 2011 a total of 5,332 dwellings were built on Brownfield sites. [6]

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2.10 Protected Locations Thurrock has a total of eleven Sites of Special Scientific Interest (SSSI) including the Mucking Flats (Ramsar, SSSI and a Special Protection Area). The protected locations are given below;

SSSIs Site Area (ha)

Mucking Flats & Marshes 311.56

Inner Thames Marshes (part) 479.3

Hangman’s Wood & Deneholes 3.0

Globe Pit 0.4

Lion Pit 2.5

Purfleet Chalk Pits 9.9

Purfleet Road, Aveley 3.96

Grays Thurrock Chalk Pit 17.27

Vange & Fobbing Marshes 165.1

Basildon Meadows 6.5

West Thurrock Lagoon & Marshes 66.08

[7] Natural England considers brownfield sites in Thurrock as one of the most important in the country for invertebrates. These include Red Data Book (RDB) and rare invertebrate species. Should any brownfield sites in Thurrock need investigating for potential contamination or are proposed for re-development Natural England will be consulted. 2.11 Geological and Hydro-geological Characteristics In assessing the hydro-geological characteristics of a given area, and the potential for groundwater contamination, consideration should be given to the geological structure as well as the composition of the geological formations. 2.12 Drift The south and east of the borough are underlain by Alluvium from the River Thames and Holehaven Creek. The Thames Alluvium, which consists of blue-grey marsh clay, interstratified with beds of peat, underlies Tilbury, West Thurrock Marshes and the former oil refinery and new port development east of Corringham.

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Brickearth underlies part of the northwest of the borough, and a small area (approximately 1 km2) in the south-east, as well as three small areas in the south, underlying East Tilbury Industrial Estate, the centre of West Thurrock, the north-western half of South Ockendon and the north of Aveley. The Brickearth consists of loam with various proportions of sand. Gravel Terrace deposits of the river Thames and undifferentiated river gravels occur in patches across the southern and western parts of the borough. The gravels underlie the south-east of Stanford-Le-Hope, the south-east of Corringham, the north-west and centre of East Tilbury, West Tilbury, most of Chadwell St Mary with the exception of the southern margin, most of the north and southern margins of Grays, Little Thurrock, South Stifford, Chafford Hundred, North Stifford, the southern half of South Ockendon and most of Aveley with the exception of the north. 2.13 Solid The borough of Thurrock is predominantly underlain by Palaeogene strata un-conformably overlying the Cretaceous Upper Chalk. The expected solid geology is as follows:

Pala

eoge

ne

Thames Group

London Clay Formation Harwich Formation

Lambeth Group Woolwich Formation Thanet Sand Formation

Cre

tace

ous

Chalk Group

Upper Chalk

The geology is illustrated in Figure 1. Strata of the Thames Group are the youngest deposits to outcrop within the borough; the youngest of which being the London Clay underlying the whole of the northern half of the borough. The London Clay composes a dark bluish to brownish grey clay containing variable amounts of fine grained sand and silt. Selenite crystals (a form of gypsum) are common in the clay and can lead to high sulphate levels, especially in zones of weathering. The Woolwich and Harwich Formations underlie the London Clay Formation and outcrop in a band widening to the east. The Harwich Formation of the Thames Group

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oversteps the Woolwich Formation of the Lambeth Group to the north–east of Grays and comprises the Oldhaven Beds; these are up to 17m thick. The Lambeth Group underlies the Thames Group and is represented in this borough by outcrops of the Woolwich Formation. The Woolwich Formation comprises a variety of lithologies laid down in lagoon or estuarine environments. The most widespread facies comprise clay, packed with mollusc shells (the ‘Woolwich Shell Beds’), which are generally 1 to 3m thick. Other lithologies include ferruginous sand, lignite sand and lignite, which occur at the base of the formation. The Thanet Sand Formation is the oldest Palaeogene deposit and underlies the Woolwich Formation in this area, and outcrops to the south of the Woolwich Formation in a band running east to west across the borough. It is at its thickest beneath the Thames estuary where it can reach up to 32m in thickness. The majority of the Thanet Sand consists of greenish to brownish grey silty, fine grained sand tending to be clayey and siltier in the lower parts. At the surface the sands weather to a pale yellowish grey. The Upper Chalk can reach a maximum of 100m in thickness below the basal Palaeogene unconformity and outcrops across the remainder of the south of the borough, and comprises a white earthy, mostly soft, limestone with bands and nodules of flint. Beds of hard nodular chalk are present in the lower portion. Surface karst forms such as solution pipes, swallow holes and dolines are well developed on the chalk outcrop in England and can act as pathways for contaminated groundwater to migrate. [8] 2.14 Water Resource and Protection Issues Principal surface water feature is the river Thames which borders the south of the borough. In addition there is a network of drainage ditches, in the south of the borough around Tilbury, associated with West Tilbury Marshes and East Tilbury Marshes. A number of streams and further field drainage systems, located in the north of the borough, flow into the Mar Dyke which flows in a south-westerly direction down the western half of Thurrock into the river Thames. The Mucking Marshes are situated in the south-east, and The Fobbing Marshes at the far east with a series of streams flowing into Holehaven Creek. The West Thurrock Marshes and the Aveley Marshes are located in the south-west. Three large man-made water bodies are situated within Thurrock: • Lakeside; • a Water Sports Centre to the east of South Ockendon; • Belhus Woods Country Park; and • The Warren in Stanford le Hope.

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There are two Groundwater Source Protection Zones (SPZ) within Thurrock for boreholes providing drinking water. These are located at Davy Down, North Stifford and Linford. The size and extent of the SPZ’s are illustrated in figure 2. Groundwater provides a third of the drinking water in England and Wales, and it also maintains the flow of many rivers. In some areas of southern England, groundwater supplies up to 80% of the drinking water. SPZ’s for groundwater sources such as wells, boreholes and springs are used for showing the risk of contamination from any activities that might cause pollution in the area, the closer the activity, the greater the risk. The maps show three main zones (inner, outer and total catchment) which are applied to a groundwater source. The shape and size of a zone depends on the condition of the ground, how the groundwater is removed, and other environmental factors. Groundwater source catchments are divided into three zones. The zones are divided as follows: SPZ1 – Inner protection zone Defined as the 50 day travel time from any point below the water table to the source, this zone has a minimum radius of 50 metres. SPZ2 – Outer protection zone Defined by a 400 day travel time from a point below the water table, this zone has a minimum radius of 250 or 500 metres around the source, depending on the size of the abstraction. SPZ3 – Source catchment protection zone Defined as the area around a source within which all groundwater recharge is presumed to be discharged at the source. In confined aquifers, the source catchment may be displaced some distance from the source. [9] Where a potential contaminant linkage includes a public water supply source as a receptor the responsible water company and the Environment Agency will be notified.

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3.0 The Definition and Risk Assessment of Contaminated Land 3.1 Definition of Contaminated Land Contaminated land is defined within the Guidance as: Contaminated land is 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 (b) significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused; Under Part 2A, for a risk to exist, there needs to be one or more contaminant linkage(s). A contaminant linkage is a means by which a relevant receptor might be affected by the contaminants present in, on or under the land in a form and quantity that poses a hazard, and one or more pathways by which they might significantly harm people, the environment, or property; or significantly pollute controlled waters. For this purpose the Guidance defines: • a contaminant is a substance which is in, on or under the land and which has

the potential to cause significant harm to a relevant receptor, or to cause significant pollution of controlled waters;

• a receptor is something that could be adversely affected by that

contaminant(s); • a pathway is a route by which a receptor is or might be affected by a

contaminant(s). All three elements of a contaminant linkage(s) must exist before the land can be considered potentially to be contaminated land under Part 2A. Significant contaminant linkage(s), within the Guidance, means a contaminant linkage(s) which gives rise to a level of risk sufficient to justify a piece of land being determined as contaminated land. When determining contaminant linkages, the local authority must consider whether the existence of several different potential pathways linking one or more potential contaminants to a particular receptor, or to a particular class of receptors, may result in a there being a significant contaminant linkage(s). 3.2 Potential Sources of Contamination Sources of potential contamination within Thurrock include the following:

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• previous industrial history; • closed landfill sites; • current industry including;

Part A (1) and (2) Installations as defined by The Environmental Permitting (England & Wales) Regulations 2010 as amended

Part B Installations as defined by The Environmental Permitting (England & Wales) Regulations 2010 as amended

• hazardous substances as defined by Control of Substances Hazardous to

Health Regulations 2002 (COSHH); • control of Major Accident Hazards Regulations 1999 (COMAH); • former hydrocarbon storage areas; • current landfill and waste processing sites; • sewage works and land used for sewage sludge disposal; • previously developed contaminated sites. 3.3 Potential Receptors Human Health Ecological receptors as defined as follows; • any ecological system, or living organism forming part of such a system,

within a location which is: • a site of special scientific interest (under section 28 of the Wildlife and

Countryside Act 1981); • a national nature reserve (under s.35 of the 1981 Act); • a marine nature reserve (under s.36 of the 1981 Act); • an area of special protection for birds (under s.3 of the 1981 Act); • a “European site” within the meaning of regulation 8 of the Conservation of

Habitats and Species Regulations 2010; • any habitat or site afforded policy protection under paragraph 6 of Planning

Policy Statement 9 (now replaced by the National Planning Policy Framework) on nature conservation (i.e. candidate Special Areas of Conservation, potential Special Protection Areas and listed Ramsar sites); or

• any nature reserve established under section 21 of the National Parks and Access to the Countryside Act 1949.

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Property in the form of: • crops, including timber; • produce grown domestically, or on allotments, for consumption; • livestock; • other owned or domesticated animals; • wild animals which are the subject of shooting or fishing rights; • property in the form of buildings. Within the Guidance, building means any structure or erection, and any part of a building including any part below ground level, but does not include plant or machinery comprised in a building, or buried services such as sewers, water pipes or electricity cables. If the building is listed or the site is designated as a scheduled historical monument and is affected by potential contamination English Heritage and Essex County Council will be consulted. Controlled Waters Controlled waters include the following: • surface waters such as rivers, lakes, ponds, streams and surface drainage

(which may provide a pathway to other surface waters); • underground Aquifers. 3.4 The Process of Risk Assessment Risk assessment involves understanding the risks presented by land, and the associated uncertainties. The understanding is developed and communicated in the form of a conceptual site model (CSM). The understanding of the risks is developed through a staged approach to risk assessment, involving a preliminary risk assessment informed by desk-based study; a site visit and walkover; a generic quantitative risk assessment; and various stages of more detailed quantitative risk assessment. The process should continue until the local authority can decide; • that there is insufficient evidence that the land might be contaminated land to

justify further inspection and assessment; and/or • whether or not the land is contaminated land. For land to proceed to the next stage of risk assessment there should be evidence that an unacceptable risk could reasonably exist. If the authority considers there is little reason to consider that the land might pose an unacceptable risk, inspection activities should stop at that point and the land declared as non-contaminated land.

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3.5 Normal Concentration Levels of Contaminants The Part 2A regime was introduced to help identify land which poses unacceptable levels of risk. It is not intended to apply to land with levels of contaminants in soil that are commonplace and widespread throughout England. Normal levels of contaminants in soil should not be considered to cause land to qualify as contaminated land. If it is established that land is at or close to normal levels of particular contaminants for that area of England, it should not be considered further in relation to the Part 2A regime. 3.6 Use of Generic Assessment Criteria and other Technical Tools Contaminated land risk assessment uses “generic assessment criteria” (GACs) as a screening tool in human health risk assessment to help decide when land can be excluded from the need for further inspection and assessment, or when further work may be required. Local authorities may use GACs and other technical tools to inform certain decisions under the Part 2A regime, provided: • they understand how they were derived and how they can be used

appropriately; • they have been produced in an objective, scientifically robust and expert

manner by reputable organisations; and • they are only used in a manner that is in accordance with Part 2A and the

Guidance. GACs relating to human health risk assessment represent cautious estimates of levels of contaminants in soil at which there is considered to be no risk to health or, at most, a minimal risk to health. 3.7 Significant Harm to Human Health Significant harm to human health includes the following; • death; • life threatening diseases (e.g. cancers); • other diseases likely to have serious impacts on health; • serious injury; birth defects; and impairment of reproductive functions. Other health effects that could constitute significant harm include: • physical injury; • gastrointestinal disturbances; • respiratory tract effects; • cardio-vascular effects;

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• central nervous system effects; • skin ailments; • effects on organs such as the liver or kidneys; or • a wide range of other health impacts. Where the local authority considers that: (i) significant harm may be being caused, or has been caused in the past; and (ii) there is a significant possibility that it may happen again, the authority should consider whether to determine the land on grounds of significant possibility of significant harm. 3.8 Possibility of Significant Harm to Human Health The term possibility of significant harm as it applies to human health means the risk posed by one or more relevant contaminant linkage(s) relating to the land. It comprises: (a) The likelihood that significant harm might occur to an identified receptor, taking account of the current use of the land in question; • The estimated impact if the significant harm did occur; In estimating the likelihood that significant harm might occur the local authority should consider: • The estimated probability that the significant harm might occur if the land continues to be used as it is currently being used; and • If the use of the land is changed e.g. industrial/commercial to residential usage. (b) The strength of evidence underlying the risk estimate. The local authority will consider the key assumptions on which the estimate of likelihood is based, and the level of uncertainty underlying the estimate. 3.9 Deciding Whether a Possibility of Significant Harm is Significant In deciding whether the possibility of significant harm being caused is significant, the authority is deciding whether the possibility of significant harm posed by contamination in, on or under the land is sufficiently high that regulatory action should be taken to reduce it. The Guidance uses four categories (1 to 4) to help the local authority decide whether or not there is a significant possibility of significant harm. Category 1: Human Health Land should be deemed to be a Category 1 Human Health where:

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• The authority is aware that similar land or situations are known, or are strongly suspected on the basis of robust evidence, to have caused such harm before in the United Kingdom or elsewhere; or

• The authority is aware that similar degrees of exposure to the contaminant(s)

in question are known, or strongly suspected on the basis of robust evidence, to have caused such harm before in the United Kingdom or elsewhere;

• The authority considers that significant harm may already have been caused

by contaminants in, on or under the land, and that there is an unacceptable risk that it might continue or occur again if no action is taken.

Category 4: Human Health The Guidance states that the local authority should class land as Category 4 Human Health where it has concluded: • no relevant contaminant linkage has been established; • there are only normal levels of contaminants in soil; • land that has been excluded from the need for further inspection and assessment because contaminant levels do not exceed relevant generic assessment criteria; • estimated levels of exposure to contaminants in soil are likely to form only a small proportion of what a receptor might be exposed to through other sources of environmental exposure (e.g. in relation to average estimated national levels of exposure to substances commonly found in the environment, to which receptors are likely to be exposed in the normal course of their lives). Categories 2 and 3: Human Health For land that cannot be placed into Categories 1 or 4, the local authority should decide whether the land should be placed into either: • Category 2 Human Health, the land would be capable of being determined as contaminated land on grounds of significant possibility of significant harm to human health; or • Category 3 Human Health, the land would not be capable of being determined on such grounds. The Guidance states that the decision to class land as either 2 or 3 is a positive legal test, meaning that the starting assumption should be that land does not pose a significant possibility of significant harm unless there is reason to consider otherwise. The authority should then decide which of the following two categories the land falls into:

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• Land should be placed into Category 2 if the authority concludes that the land poses a significant possibility of significant harm. Category 2 may include land where there is little or no direct evidence that similar land, situations or levels of exposure have caused harm before, but the authority considers that on the basis of the available evidence, including expert opinion, there is a strong case for taking action under Part 2A on a precautionary basis. • Land should be placed into Category 3 if the authority concludes that the legal test for significant possibility of significant harm is not met. Category 3 may include land where the risks are not low, but nonetheless the authority considers that regulatory intervention under Part 2A is not warranted. This recognises that placing land in Category 3 would not stop others, such as the owner or occupier of the land, from taking action to reduce risks outside of the Part 2A regime if they choose. The authority should consider making available the results of its inspection and risk assessment to the owners/occupiers of Category 3 land. 3.10 Significant Harm and Significant Possibility of such Harm (non-human receptors) The Guidance states that when a local authority is considering a non-human receptor it should have regard for those that are listed in Tables 1 and 2 within the Guidance only. For example harm to an ecosystem outside the description in Table 1 should not be considered to be significant harm. Tables 1 and 2 (see Tables) indicate how the local authority should decide whether or not significant harm is being caused or there is a significant possibility of such harm being caused. In considering “ecological system effects” described in Table 1, the local authority should consult Natural England and have regard to its comments before deciding whether or not to make a determination. In Tables 1 and 2, references to “relevant information” mean information which is: • scientifically-based; • authoritative; • relevant to the assessment of risks arising from the presence of contaminants in

soil; and • appropriate to inform the determination of whether any land is contaminated land.

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3.11 Significant Pollution of Controlled Waters and Significant Possibility of such Pollution When considering whether significant pollution of controlled waters is being caused, or whether there is a significant possibility of such pollution being caused, the local authority should have regard for any technical guidance issued by the Environment Agency. Should TBC consider it likely that land might be contaminated land on such grounds, the authority will consult the Agency and have regard to the Agency’s advice. 3.12 Pollution of Controlled Waters Under Part 2A the term “pollution of controlled waters” means the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter. The term “controlled waters” in relation to England has the same meaning as in Part 3 of the Water Resources Act 1991, except that “ground waters” does not include waters contained in underground strata but above the saturation zone (pore water). Under such circumstances TBC will consult the Agency and have regard to the Agency’s advice. 3.13 Significant Pollution of Controlled Waters The following types of pollution should be considered to constitute significant pollution of controlled waters: • pollution equivalent to “environmental damage” to surface water or groundwater as defined by The Environmental Damage (Prevention and Remediation) Regulations 2009, but which cannot be actioned under those Regulations; • pollution resulting in deterioration of the quality of water abstracted, or intended to be used in the future, for human consumption such that additional treatment would be required to enable that use; • a breach of a statutory surface water Environment Quality Standard, either directly or via a groundwater pathway; • ingress of a substance into groundwater resulting in a significant and sustained upward trend in concentration of contaminants (as defined in Article 2(3) of the Groundwater Daughter Directive (2006/118/EC). If Significant Pollution of Controlled Waters is encountered by TBC the Agency will be informed and consulted. The following types of circumstance should not be considered to be contaminated land on water pollution grounds: • substances are merely entering water and none of the conditions for

considering that significant pollution is being caused as defined within the Guidance;

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• that land is causing a discharge that is not discernible at a location

immediately downstream or down-gradient of the land (when compared to upstream or up-gradient concentrations);

• substances entering water are in compliance with a discharge consent

authorised under the Environmental Permitting Regulations. As with human health risk assessment the Guidance uses the four categories to determine whether or not there is a significant possibility of significant harm to controlled waters. (a) Category 1 (Water) There is a strong and compelling case for considering that a significant possibility of significant pollution of controlled waters exists. This would include cases where it is likely that high impact pollution would occur if nothing were done to stop it. (b) Category 2 (Water) This is land where: • the authority considers that the strength of evidence to put the land into

Category 1 does not exist; but • the authority considers that the risks posed by the land are of sufficient

concern that the land should be considered to pose a significant possibility of significant pollution of controlled waters on a precautionary basis. This category might include land where there is a relatively low likelihood that the most serious types of significant pollution might occur.

(c) Category 3 (Water) This is land where the risks are such that the tests set out in Categories 1 and 2 above are not met and regulatory intervention under Part 2A is not warranted. This category should include land where the authority considers that it is very unlikely that serious pollution would occur; or where there is a low likelihood that less serious types of significant pollution might occur. (d) Category 4 (Water) This is land where the authority concludes that there is no risk, or that the level of risk posed is low. In particular, that; • no contaminant linkage has been established in which controlled waters are

the receptor in the linkage; or • the types of pollution that should not be considered to be significant pollution;

or • the possibility of water pollution is similar to that which might be caused by

“background” contamination. Should Category 1 or 2 (water) be determined by TBC the Agency will be informed and consulted.

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4.0 Aims and Objectives of the Inspection 4.1 Aims The aim of the local authority is to undertake the inspection of the borough for potentially contaminated land in a rational and logical manner as required by the Guidance. The inspection will focus on the following priorities: • areas of potential risk to human health; • land in local authority ownership; • areas of potential risk to groundwater; and • areas where the development of Brownfield sites are proposed. The council is committed to ‘ensure people stay healthy longer, adding years to life and life to years’ consequently the assessment of risk to human health is a high priority in the inspection strategy as is the restoration of damaged land to a beneficial end-use. 4.2 Objectives The objectives of the local authority can be summarised as follows: • to focus resources on those sites with the highest potential risk where risk to

human health and controlled waters, and land within the council’s ownership will be considered to represent the highest priority;

• to promote effective communication between statutory organisations and the

council with respect to the identification of sites; • to develop integration of data access between departments with a common

interest, subject to confidentiality requirements; • to protect the confidentiality of information where legally required. Technical implementation of the inspection is based on a phased approach comprising: • further screening of the borough to identify areas which may have potentially

contaminative substances in, on, or under the ground; • ranking of risk incompliance with the Guidance issued on April 2012. This will

take into consideration the presence of potential receptors in the site’s current use;

• refinement of the risk ranking by reference to additional desk based sources

of information;

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• site prioritisation based on the desk based risk analysis. This will take into

account the council’s strategic policy of giving priority to sites which present a potential risk in their current condition to humans and controlled waters, and to sites which are in council ownership;

• detailed inspection of high priority sites; and • determination of contaminated and special sites.

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5.0 Procedures This section outlines TBC’s procedures for dealing with contaminated land issues. It describes how TBC will collate and evaluate information on contaminated land as well as acting on information received from relevant regulatory bodies and members of the public. 5.1 Internal Management Arrangements for Inspection and Identification Environmental Health is responsible for the implementation of Part 2A of the EPA. The Environmental Protection Team, in particular the designated Scientific Officer for contaminated land, will be responsible for the day-to-day implementation of the Strategy. 5.2 Information Collection The collection of relevant information will be important in the process of identifying potentially contaminated sites. The inspection will continue to be undertaken using information obtained from a variety of sources such as: • historical maps including ‘Viewessex’ (historical maps held digitally by Essex

County Council); • planning history including tip and mineral files; • regulatory actions by the Environment Agency; • local knowledge; and • Environment Agency records such as pollution incidents, waste management

licences, historical discharge consents etc. 5.3 Information Management Information collected to identify potential contaminant linkages will need to be managed efficiently. TBC uses a Geographical Information System (GIS) as the primary tool to document and store information. 5.4 Geographical Information Systems (GIS) The GIS is used in the initial process of risk prioritisation and in the identification of potential contaminant linkages. As new potentially contaminated sites are identified the GIS overlays are updated to show the location and links added to provide access to the information gathered. Two overlays have been developed to manage information as it accrues. ‘Contaminated Land’ which holds the records of land which was in previous industrial and commercial usage and ‘Landfill’ which holds the records of land which was infilled either as a tipping area or Made Ground used for site raising/levelling.

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The procedure that TBC has adopted for the recording of potentially contaminated sites within the GIS overlays is summarised in the approved “ENVIRONMENTAL PROTECTION PROCEDURES SOP EP08 CONTAMINATED LAND DOCUMENT MANAGEMENT” which is shown in Appendix 1. When the original Contaminated Land Strategy was published the majority of information received by Environmental Health was in paper format. Increasingly the information being submitted/gathered is in electronic format. Electronic format makes document storage and access easier and it is the aim of this revised strategy to encourage the future submission of information to be in an electronic format. It is also the aim of the revised strategy to digitise, where possible, existing paper records. All electronic records will be saved under the unique site identifier in the folder ‘Contaminated Land Filing’ which can be accessed by other council departments. 5.5 Information and Service Requests With the identification and remediation of contaminated land being an ongoing process inquiries from other statutory bodies, members of the public and businesses requires management. The procedure that TBC has adopted for dealing with any request for information or a service request has been summarised in the approved ‘ENVIRONMENTAL PROTECTION PROCEDURES SOP EP19 CONTAMINATED LAND SERVICE REQUEST’ which is shown in Appendix 2. 5.6 Information Evaluation As information about a site is gathered, an on-going risk assessment will be undertaken. The procedure that TBC has adopted for processing sites identified as potentially contaminated land has been summarised in the approved ‘ENVIRONMENTAL PROTECTION PROCEDURES SOP EP20 POTENTIALLY CONTAMINATED LAND RISK ASSESSMENT SCORE’ which is shown in Appendix 3. This procedure has been amended to account for the new risk categories stated in the Guidance. 5.7 Risk Prioritisation A tiered approach for risk prioritisation has been adopted in accordance with the document ‘Essex Contaminated Land Consortium Guide for Developers’ which states that a three phased process shall be used; Stage 1: Preliminary Risk Assessment Stage 2: Intrusive Site Investigation Stage 3: Remediation [10]

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The prioritisation of sites and subsequent actions will be undertaken according to the procedures stated in the document: ‘Model Procedures for the Management of Land Contamination’, CLR 11 Environment Agency, September 2004. Stage One – Preliminary Risk Assessment The initial prioritisation requires the undertaking of a desk study for the land under consideration. A desk study will involve the scrutiny of information currently held by the local authority. This will include reviewing historical maps, examination of the planning history, any information held for authorised industrial processes, former Control of Pollution Act 1974 (COPA) licences and former or current Waste Management Licenses. The desk study may also involve a site walkover visit. When a potential contamination source, potential receptors and potential pathways have been identified a CSM can be developed. The CSM can then be used to establish whether or not there are potentially unacceptable contaminative risks arising from the land under consideration. The result of the desk survey can be used to advise future developers of Brownfield sites whether a site intrusive investigation for potential contamination is required. The outcome of the desk survey may also find that no further risk assessment will be required. Stage Two – Intrusive Site Investigation When the stage 1 desk study identifies potential contaminant linkages of concern then an intrusive investigation shall be undertaken with reference to the CSM. A further risk assessment shall be undertaken using the data gathered from the intrusive investigation in conjunction with the CSM. The intrusive investigation and sampling techniques will be carried out in accordance with BS10175:2001 Investigation of Potentially Contaminated Sites – Code of Practice. If it has been found that there may be contamination present at an unacceptable level then a remediation scheme will be developed for the site and implemented either through service of a Remediation Notice or through voluntary agreement. Stage Three - Remediation Remediation of a site will be undertaken if a contaminant linkage(s) are thought or known to be present at a site and there is sufficient information to determine that harm may be caused if no action is taken. Remediation of land may also be required if the local authority takes a precautionary view of the potential that the significant possibility of significant harm exists.

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Remediation of a contaminated site, under normal circumstances, would be through a planning condition placed on an application for development of a Brownfield site. In this instance the Developer will be responsible for the remediation of the site. If the contaminated site is not under a planning application but poses a risk to any statutory receptor then a Remediation Notice will be served on the relevant person(s) responsible for the condition of the land. The Notice will set out what actions are necessary to remove the risk and will require validation of the works undertaken to achieve that. 5.8 Special Sites The contaminated land regulations create a particular category of contaminated land called ‘special sites’ and are regulated by the Environment Agency these include land that: • seriously affects drinking waters, surface waters (for example lakes and

rivers) and important groundwater sources; • has been, or is being, used for certain industrial activities, such as oil refining

or making explosives; • is being or has been regulated using a permit issued under the integrated

pollution control or pollution prevention and control regimes; • has been used to get rid of waste acid tars; • is owned or occupied by the Ministry of Defence; • is contaminated by radioactivity; or • is a nuclear site If TBC has decided that an area is potentially contaminated and is a special site then the Environment Agency will be consulted. Further actions by TBC will be subject to the Environment Agency’s advice and agreement. TBC will assist the Environment Agency in undertaking any intrusive inspection of the land on behalf of the authority. 5.9 Contaminated Land Determination Land will be formally determined as contaminated if any of the following has been positively identified: • significant harm is being caused (category 1 site); • where there is a significant possibility of significant harm being caused

(category 2 site); • pollution of controlled waters is being caused (category 1 site);

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• where there is a significant possibility of pollution of controlled waters is likely

to be caused (category 2 site). When a determination has been made all appropriate persons identified will be notified of the determination, these persons constitute the “liability group” for that significant contaminant linkage to pay for any remediation action. Information will be sent stating how the site has been identified as being contaminated, supply details of all other potential appropriate persons and provide the recipient with an opportunity to respond. The Guidance states that the following are appropriate person(s): • those who have caused or knowingly permitted the contaminant in question to

be in, on or under the land. Any such persons constitute a “Class A liability group” for the significant contaminant linkage;

• if no such Class A persons can be found for any significant contaminant, the

enforcing authority should consider whether the significant contaminant linkage of which it forms part relates solely to the significant pollution of controlled waters (rather than to any significant harm to human or relevant environmental receptors). If this is the case, there will be no liability group for that significant contaminant linkage, and it should be treated as an “orphan linkage”;

• where no Class A persons can be found for a significant contaminant, the

enforcing authority should identify all of the current owners or occupiers of the contaminated land in question. These persons then constitute a “Class B liability group” for the significant contaminant linkage;

• if the enforcing authority cannot find any Class A persons or any Class B

persons in respect of a significant contaminant linkage, there will be no liability group for that linkage and it should be treated as an “orphan linkage”.

5.10 Orphan Sites An orphan linkage may arise where: • The significant contaminant linkage relates solely to the significant pollution of controlled waters (and not to significant harm) and no Class A person can be found; • No Class A or Class B persons can be found; or • Those who would otherwise be liable are exempted by one of the relevant statutory provisions in the Guidance. Where only one significant contaminant linkage has been identified, and that is an orphan linkage, the enforcing authority should itself bear the cost of any remediation which is carried out.

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In more complicated cases, there may be two or more significant contaminant linkages, of which some are orphan linkages. Where this applies, the enforcing authority will need to consider each remediation action separately. For any remediation action which is referable to an orphan linkage, and is not referable to any other linkage for which there is a liability group, the enforcing authority should itself bear the cost of carrying out that action. For any shared action which is referable to an orphan linkage and also to a single significant contaminant linkage for which there is a Class A liability group, the enforcing authority should attribute all of the cost of carrying out that action to that Class A liability group.

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6.0 Remediation 6.1 Principles of Remediation The local authorities duties with regard to remediation of land identified as potentially contaminated have been defined within the Guidance. The aim of remediation should be: • to remove identified significant contaminant linkages, or to break the pathway

to ensure that the risks are reduced to below an unacceptable level; and/or • to take reasonable measures to remedy harm or pollution that has been

caused by a significant contaminant linkage. In cases where the aim of remediation is to remove or permanently disrupt significant contaminant linkages, remediation treatment should involve one or more of the following: • reducing or treating the contaminant part of the linkage; • breaking, removing or disrupting the pathway parts of the linkage; • protecting or removing the receptor. Assessment or monitoring actions may also be required as part of remediation. Monitoring actions may be needed after remediation has taken place (e.g. to check whether remedial action has been successful, or whether there is a need for further assessment or action). Assessment and monitoring action should not be required for any purpose other than the remediation of the land in relation to the reason why it was determined as contaminated land. 6.2 Practicability, Effectiveness and Durability of Remediation The enforcing authority should ensure that any requirement it makes in regard to remediation is practicable and effective – i.e. it should be possible, within reasonable limits, for the person to undertake the required actions, and the actions should be effective in removing the contaminant linkage. This applies both to the remediation scheme as a whole and the individual remediation actions of which it is comprised. In assessing the practicability of any remediation, the authority should consider, in particular: • technical constraints, such as whether the technical capacity and resources

needed to undertake the work exist, and could reasonably be made available;

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• site constraints, such as access to the relevant land or waters, the presence of buildings or other structures in, on or under the land;

• time constraints, such as whether it would be possible to carry out the

remediation within the required time period; and • regulatory constraints, such as whether the remediation can be carried out

within relevant statutory or similar controls. The enforcing authority should consider the durability of remediation. The aim should be to ensure (as far as practical and reasonable) that the scheme as a whole would continue to be effective during the time over which the significant contaminant linkage would continue to exist or recur. The enforcing authority should also consider whether it is likely that some other future action (such as redevelopment) will resolve or control the problem. If the authority feels that such action is likely to occur within a reasonable timescale, the authority may consider whether it would be appropriate to require remediation of limited durability, pending a more durable solution later. Where a remediation method requires on-going management and maintenance in order to continue to be effective (for example, the maintenance of gas venting or alarm systems), these on-going requirements should be specified in any remediation notice (or similar remediation agreement if remediation is being taken forward without such a notice) as well as any monitoring actions necessary to keep the effectiveness of the remediation under review. 6.3 Remediation Verification Any remedial treatment action should include appropriate verification measures. This should be supplied to TBC as per the document ‘Land Affected by Contamination: Technical Guidance for Applicants and Developers’ Third Edition, Essex Contaminated Land Consortium, September 2014. 6.4 Appointment of External Consultants Where it appears that TBC will have to undertake its own site investigation through the site prioritisation and risk assessment process e.g. for Council owned land external consultants will need to be employed to undertake such work. The Contaminated Land Officer will identify and plan what works are required e.g. borehole locations, time scales for gas monitoring, contaminants to be determined etc. This will form the basis of a tender document. External consultants will be asked to bid for the work. The successful bidder will have to show that they have the necessary expertise and can comply with the timescales required by the bid document.

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7.0 Interaction with other Regulatory Regimes 7.1 Planning In March 2012 the Government issued the National Planning Policy Framework (NPPF). Under paragraphs 120 and 121 of the NPPF contaminated land remains a material consideration within the planning regime. The NPPF states that when considering the remediation of a potentially contaminated site the local planning authority should consider that if the land is to be brought back into beneficial use the following has to be satisfied: a). After remediation, as a minimum, land should not be capable of being

determined as contaminated land under Part 2A of the Environmental Protection Act 1990; and

b). Adequate site investigation information, prepared by a competent person, is

presented. [11] Under the NPPF the document Planning Policy Statement 23: Planning and Pollution Control, November 2004 (PPS23) was withdrawn. This document advised local planning authority on how to consider sites that may be potentially contaminated land. New planning practice guidance was published in March 2014 to replace PPS23 and advises the Local Planning Authority to consider the following with regard to applications on potentially contaminated sites:

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Assessment of the risks posed by potentially contaminated land and the subsequent provisions for agreed remediation and verification is an integral part of development control. Planning applications will be assessed by the Contaminated Land Officer and where necessary a contaminated land condition shall be recommended for a planning consent if: • the proposed development lies directly on or adjacent to a site previously

identified as a potentially contaminated land;

Is site potentially affected by contamination and could

development result in unacceptable risks?

Proceed to decision

LPA requires applicant to carry out risk assessment to identify

and assess the sources, pathways and receptors

(pollutant linkages). Does the report of a desk study and site reconnaissance (walk-over) demonstrate that the risk

from contamination is acceptable?

Proceed to decision subject to condition requiring halting of

development if unacceptable

contamination is found

Applicant to carry out further investigations and risk assessment before the

application is determined. Does the report demonstrate

that the risks are acceptable or the remediation proposed will make the risks acceptable?

Proceed to decision, subject to appropriate conditions/ planning

obligation

Consider how proposal could be made acceptable or, where

not practicable, consider whether planning permission

should be refused.

No

Yes

Yes

No

Yes

No

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• proposed development lies within 250m of a landfill or other large unknown infill;

• any site which, although no risk to human health has been identified, there is

a potential risk to other statutory receptors. [12] All applications considered by the Contaminated Land Officer will be assessed on a site specific basis. A contaminated land condition will only be discharged after the Applicant has shown that the identified land contamination has been remediated to the required standard. 7.2 Pollution of Controlled Waters The Environment Agency has been empowered by The Water Resources Act 1991 to take action to prevent or remedy the pollution of controlled waters caused by contaminated land. Where a potential risk to controlled waters has been identified under Part 2A from potentially contaminated land the Environment Agency will be informed and information provided. The Contaminated Land Officer will take advice from the Environment Agency and act on any recommendations made. 7.3 Environmental Permitting Regime The Environmental Permitting Regulations (England and Wales) 2010 were introduced on 6 April 2010, replacing the 2007 Regulations. In 2007 the Regulations combined the Pollution Prevention and Control (PPC) and Waste Management Licensing (WML) regulations. Their scope has since been widened to include water discharge and groundwater activities, radioactive substances and provision for a number of Directives, including the Mining Waste Directive. The Regulations requires site operators of certain classifications of industrial processes (Class A1 and A2 in schedule 1 to the Regulations) to provide a site condition report prior to receiving a permit to operate. Should an operator decide to surrender a permit a site condition report must be provided as part of the surrender process. The operator will have to restore the site to the condition it was in prior to receiving the permit. The site condition report can be used as a basis for a risk assessment if the site should be re-developed for an end-use other than commercial/industrial.

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8.0 Public Register The Guidance requires that each enforcing authority shall maintain a register of contaminated land. The register must contain the following details: • remediation notices served by that authority; • appeals against any such remediation notices; • remediation statements or remediation declarations; • appeals against charging notices served by that authority; • notices for the designation of any land as a special site; • notices terminating the designation of any land as a special site; • notifications given to that authority by persons on whom a remediation notice

has been served, or who are to prepared and publish a remediation statement, of what they claim has been done by them by way of remediation; and

• convictions of any prescribed offences. The enforcing authority can exclude any information from the register on grounds of national security or commercial confidentiality. If such information is excluded, the authority will place a statement on the register indicating the existence of such information. The register will be updated as relevant information becomes available. The register will be available for viewing by members of the public during normal office hours at the Thurrock Borough Council Offices, New Road, Grays.

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9.0 Review Mechanisms The Contaminated Land Statutory Guidance (Department for Environment, Food and Rural Affairs, April 2012) requires that a local authority should undertake a thorough review of the strategy document at least once every five years after publication. This strategy will be periodically revised to ensure that it complies with any changes to legislation or requirements of the statutory guidance. The Head of Public Protection shall approve minor modifications to the strategy. The Council Cabinet shall approve any major changes to the strategy after the five year review.

References 1. ‘Thurrock Community Strategy’, Thurrock Borough Council, September 2012 2. ‘Section 17 – Crime and Disorder Act 1998’ Thurrock Borough Council, December 2013 3. ‘Contaminated Land: Statutory Guidance’, Department of the Environment and Rural Affairs, April 2012 4. ‘Thurrock Ward Profiles’, Thurrock Borough Council, Updated December 2013 5. Thurrock Borough Council Land Register held by the Asset Management Team 6. ‘Core Strategy and Policies for Management of Development’ Development Plan Document, Thurrock Borough Council, Adopted December 2011 7. ‘National Character Area Profile: Northern Thames Basin’, Natural England, July 2013 8. ‘British Regional Geology, London and the Thames Valley’, British Geological Survey, Fourth Edition, HMSO, 1996 9. ‘Groundwater protection: Principles and practice (GP3)’ Environment Agency, Version 1.1, August 2013 10. ‘Land Affected by Contamination: Technical Guidance for Applicants and Developers’ Third Edition, Essex Contaminated Land Consortium, September 2014. 11. ‘National Planning Policy Framework’ Department for Communities and Local Government, March 2012 12. Planning Practice Guidance, ‘Land Affected by Contamination’, Department for Communities and Local Government, March 2014

Tables

Table 1: Ecological system effects

Relevant types of receptor Significant harm Significant possibility of significant harm

Any ecological system, or living organism forming part of such a system, within a location which is: • a site of special scientific interest (under section 28 of the Wildlife and Countryside Act 1981) • a national nature reserve (under s.35 of the 1981 Act) • a marine nature reserve (under s.36 of the 1981 Act) • an area of special protection for birds (under s.3 of the 1981 Act) • a “European site” within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2010 • any habitat or site afforded policy protection under paragraph 6 of Planning Policy Statement (PPS 9) on nature conservation (i.e. candidate Special Areas of Conservation, potential Special Protection Areas and listed Ramsar sites); or • any nature reserve established under section 21 of the National Parks and Access to the Countryside Act 1949.

The following types of harm should be considered to be significant harm: • harm which results in an irreversible adverse change, or in some other substantial adverse change, in the functioning of the ecological system within any substantial part of that location; or • harm which significantly affects any species of special interest within that location and which endangers the long-term maintenance of the population of that species at that location. In the case of European sites, harm should also be considered to be significant harm if it endangers the favourable conservation status of natural habitats at such locations or species typically found there. In deciding what constitutes such harm, the local authority should have regard to the advice of Natural England and to the requirements of the Conservation of Habitats and Species Regulations 2010.

Conditions would exist for considering that a significant possibility of significant harm exists to a relevant ecological receptor where the local authority considers that: • significant harm of that description is more likely than not to result from the contaminant linkage in question; or • there is a reasonable possibility of significant harm of that description being caused, and if that harm were to occur, it would result in such a degree of damage to features of special interest at the location in question that they would be beyond any practicable possibility of restoration. Any assessment made for these purposes should take into account relevant information for that type of contaminant linkage, particularly in relation to the ecotoxicological effects of the contaminant.

Table 2: Property Effects Relevant types of receptor Significant harm Significant possibility of

significant harm Property in the form of: • crops, including timber; • produce grown domestically, or on allotments, for consumption; • livestock; • other owned or domesticated animals; • wild animals which are the subject of shooting or fishing rights.

For crops, a substantial diminution in yield or other substantial loss in their value resulting from death, disease or other physical damage. For domestic pets, death, serious disease or serious physical damage. For other property in this category, a substantial loss in its value resulting from death, disease or other serious physical damage. The local authority should regard a substantial loss in value as occurring only when a substantial proportion of the animals or crops are dead or otherwise no longer fit for their intended purpose. Food should be regarded as being no longer fit for purpose when it fails to comply with the provisions of the Food Safety Act 1990. Where a diminution in yield or loss in value is caused by a contaminant linkage, a 20% diminution or loss should be regarded as what constitutes a substantial diminution or loss. This description of significant harm is referred to as an “animal or crop effect”.

Conditions would exist for considering that a significant possibility of significant harm exists to the relevant types of receptor where the local authority considers that significant harm is more likely than not to result from the contaminant linkage in question, taking into account relevant information for that type of contaminant linkage, particularly in relation to the ecotoxicological effects of the contaminant.

Property in the form of buildings. For this purpose, “building” means any structure or erection, and any part of a building including any part below ground level, but does not include plant or machinery comprised in a building, or buried services such as sewers, water pipes or electricity cables.

Structural failure, substantial damage or substantial interference with any right of occupation. The local authority should regard substantial damage or substantial interference as occurring when any part of the building ceases to be capable of being used for the purpose for which it is or was intended. In the case of a scheduled Ancient Monument, substantial damage should also be regarded as occurring when the damage significantly impairs the historic, architectural, traditional, artistic or archaeological interest by reason of which the monument was scheduled. This description of significant harm is referred to as a “building effect”.

Conditions would exist for considering that a significant possibility of significant harm exists to the relevant types of receptor where the local authority considers that significant harm is more likely than not to result from the contaminant linkage in question during the expected economic life of the building (or in the case of a scheduled Ancient Monument the foreseeable future), taking into account relevant information for that type of contaminant linkage.

Figures

Figure 1: Thurrock Solid Geology

Figure 2: Source Protection Zones

Appendices

Appendix 1

ENVIRONMENTAL PROTECTION PROCEDURES SOP EP08 CONTAMINATED LAND DOCUMENT MANAGEMENT 1.0 PURPOSE This procedure describes the method for the management of documents regarding potentially contaminated land. 2.0 SCOPE This procedure applies to all documents generated regarding potentially contaminated land received as a result of desk top surveys, intrusive investigations, remediation schemes, validation or regulatory action. 3.0 REFERENCES Appendix 1: Contaminated Land Document Management Work Flow Appendix 2: Determination of the Unique Identifier from the ArcGIS Overlays Appendix 3: Creating and Updating a Polygon Record in ArcGIS Appendix 4: Determining Unique Identifier Appendix 5: Areas of Potentially Contaminative Past/Present Use form 4.0 DEFINITIONS Contaminated Land Officer = CLO 5.0 ACTIONS 5.1 Receipt of Document On receipt of documents relating to contaminated land the ArcGIS overlays Contaminated Land or Landfill will be consulted by the CLO or other Environmental Protection Officer using the address supplied within the documents. This will determine if the documents relates to a new site (no record) or an existing site. The contaminated land document management flow diagram is shown in Appendix 1. 5.2 Existing Site The CLO or other Environmental Protection Officer will confirm the sites unique identifier by right clicking on the polygon within either the contaminated land or landfill ArcGIS overlays (opening ArcGIS is shown in Appendix 4). An example of a polygon and the information giving the unique identifier from either overlay is shown in Appendix 2. The CLO or other Environmental Protection Officer will place the document in the J drive location ‘Contaminated Land Filing’. If the document is received in paper format the information will be digitised before placing in the J drive. The original document will be destroyed.

5.3 New Site The CLO or other Environmental Protection Officer will confirm the location and curtilage of the new site within the received document and add a new polygon to the relevant ArcGIS overlays contaminated land or landfill (if the site is an area of infilled ground) and assign a unique identifier. See Appendix 3 for the procedure. The CLO or other Environmental Protection Officer with then consult the attribute table within the relevant overlay and assign the unique identifier to the site. The procedure is shown in Appendix 4. A risk assessment will then be carried out by filling in the Areas of Potentially Contaminative Past/Present Use form. A risk assessment category will then be given to the site and the attribute table updated accordingly. The Areas of Potentially Contaminative Past/Present Use form is shown in Appendix 5. The risk assessment should be carried out in accordance with ENVIRONMENTAL PROTECTION PROCEDURES SOP EP20 POTENTIALLY CONTAMINATED LAND RISK ASSESSMENT SCORES

APPENDIX 1: CONTAMINATED LAND DOCUMENT MANAGEMENT WORK FLOW

Review Records held on either the Contaminated Land or Landfill Overlays on the GIS

New Site Existing Site

Add polygon to relevant ArcGIS overlay

Assign the unique site identifier to the

document received Check attribute

table and assign a unique identifier

Undertake a Risk Assessment based on the known site

history

File document in appropriate location

in the J drive

Assign a risk category

If documents are available file under unique identifier in

the J drive

APPENDIX 2: DETERMINATION OF THE UNIQUE IDENTIFIER FROM THE ARCGIS OVERLAYS 1. Click on “Identify”

2. Click on the polygon and confirm the unique identifier number from the information box

APPENDIX 3: CREATING AND UPDATING A POLYGON RECORD IN ARCGIS 1. Log onto ArcGIS 2. Select “Existing Map” in window frame then OK

3. Select “Contaminated land or Landfill” on the vertical list

4. Use “Zoom” to reach new site

5. Click on “Editor Toolbar”

6. Click on “Editor”

7. Click on “Start Editing”

8. Select overlay to be edited and click OK

9. On “Editor Toolbar” select overlay and “Create New Feature” under “Task”

10. Select “Sketch Tool”

11. Draw polygon and when finished right click and select “Finish Sketch”

12. Right click on the overlay being edited and select “Open Attribute Table”

13. Input the site information in the fields highlighted in blue and close the attribute table

14. Click on Editor and click on “Save Edits”

15. Click on Editor and click on “Stop Editing”

16. Click on “Editor Toolbar” to finish

APPENDIX 4: DETERMINING UNIQUE IDENTIFIER

1. Log onto ArcGIS 2. Select “Existing Map” in window frame then OK 3. Select “Grid” on the vertical list under “Contaminated Land”

4. Click on the red square the site is in and this will give the first letter of the unique identifier, if the site is bisected by the grid line select the square with the majority of the site

5. For the unique identifier for the contaminated land overlay open the attribute table and right click on THURREF and select sort ascending.

6. Scroll to the unique identifier letter group and chose the next number in the sequence in the example below the next unique identifier will be FU21

7. For the Landfill overlay all new sites have unique identifiers determined in the same manner as for the Contaminated Land overlay. Existing former and current landfills have a THU designation (Essex County Council original waste identifier still used by the Environment Agency)

APPENDIX 5: AREAS OF POTENTIALLY CONTAMINATIVE PAST/PRESENT USE FORM

Potentially Contaminative use Identifier Date First Recorded NGR Date Last Recorded OS Sheet

MAPS

Historical details

Hazard/Target Scores (between 1–4, whereby the highest score denotes the greatest potential risk/vulnerability) Hazards: Score:

Description of risk

Target Vulnerability: Humans

Ecologically sensitive areas

Groundwater

Surface water

Agricultural land

Buildings

Present Landuse (with source of information) Category:

Appendix 2

ENVIRONMENTAL PROTECTION PROCEDURES SOP EP19 CONTAMINATED LAND SERVICE REQUEST 1.0 PURPOSE This procedure describes the method for the response to an inquiry for information regarding potentially contaminated land. 2.0 SCOPE This procedure applies to all requests for information on potentially contaminated land from a Member of the Public, Environmental Consultant, a Government Body e.g. the Environment Agency, Council Officers and Councillors under Part 2A of the EPA. 3.0 REFERENCES Appendix 1: Uniform Work Instructions for a Contaminated Land service request Appendix 2: Contaminated Land Service Request Work Flow Diagram Appendix 3: Standard Letter to Solicitor/Conveyancer or Member of the Public Appendix 4: Single Invoice Request Appendix 5: Standard Letter Format to Environmental Consultants 4.0 DEFINITIONS

Contaminated Land Officer = CLO EHP = Environmental Health Protection

5.0 ACTIONS 5.1 Service Request Any received contaminated land inquiry shall be placed as a Uniform Service Request and shall be assigned for the EHP team under CONLAN in accordance with the procedure shown in Appendix 1. On receipt of a new service request, either the CLO or other Environmental Protection Officer team member will proceed to formulate a response in accordance with the flow diagram shown in Appendix 2. The CLO or other Environmental Protection Officer will then respond within three working days of receipt of the service request to start initial enquiries with the requestor. 5.2 Service Request from a Solicitor/Conveyancer or Member of the Public The CLO or other Environmental Protection Officer will call the requestor to confirm the location of the site subject to the enquiry and to inform them of the charge for a written response.

An example of a standard letter is shown in Appendix 3. If a verbal response is sufficient for the requestor the Uniform record is to be closed with appropriate notes made on the IVA screen. When written response is sent then a charge will be made through the Thurrock Borough Council Debtors Department at Invoicerequest@thurrock.gov.uk the invoice request will be entitled ‘Contaminated Land Enquiry’. The charge is a fixed amount of £30 + VAT. An example of a single invoice request is shown in Appendix 4. The Uniform record will then be closed with the response copied and pasted into the IVA response box facility within Uniform. On the comments part of the ‘Details’ on the Uniform request ‘charge made’ will be inserted. 5.3 Service Request from an Environmental Consultant The CLO or other Environmental Protection Officer will call the requestor to confirm the location of the land parcel subject to the enquiry and to inform them of the charge, per hour, for a written response. Once a charge has been agreed a standard response format is to be sent. See Appendix 5 for the standard letter format for a response. If a verbal response is sufficient close the Uniform record with relevant notes. When written response is sent then a charge will be made through the Thurrock Borough Council Debtors Department at Invoicerequest@thurrock.gov.uk the invoice request will be entitled ‘Environmental Search Enquiry’. The charge is £65 per hour + VAT. An example of a single invoice request is shown in Appendix 4. The Uniform record will then be closed with the response copied and pasted onto the Notepad facility within Uniform. On the notes part of the ‘Details’ on the Uniform request ‘charge made’ will be inserted. 5.4 Service Request from a Councillor, a Government Body or a Council Officer The CLO or other Environmental Protection Officer will call the requestor to confirm the location of the land parcel subject to the enquiry. The response will be tailored using information held on the ArcGIS overlays ‘Contaminated Land’ and/or ‘Landfill’ depending on the nature of the inquiry. Record the response on Uniform and close the record. File the response as appropriate.

APPENDIX 1: HOW TO LOG A SERVICE REQUEST ON UNIFORM WITH CORRECT INFORMATION

1. Log onto Uniform 2. Select “Environmental Health” on the top bar 3. Select “Service Request” on the vertical list 4. The first screen will show “Details” 5. To enter a new service request double click the “Reference” box 6. From the drop down menu on “Record Class” select “CONLAN –

Contaminated land enquiry” 7. Double click the “Year” box to enter the year 8. Double click the “Counter” box then click OK (this gives the service request

number) 9. Right click in the address box and select “Street Search” 10. Enter the street name and click OK 11. From the drop down menu select the address to which the service request

applies (if none exists select “STREET RECORD”) and click OK 12. Enter the details of the service request in the “Details” Box 13. Select the drop down menu on the “How Received” box to enter the

communication type 14. Select the drop down menu on the “Allocated To” box and enter the Officer

responding to the service request 15. Select the drop down menu on the “Team” Box, and select “EHP – Pollution

Control Team” 16. Click on save on the Uniform tool bar 17. Click on “Customers” 18. Select the drop down menu on the “Customer Type” and enter appropriate

details 19. Enter the requestors name in the “Name” box 20. Enter the requestors address in the “Address” box 21. Select the drop down menu on the left hand box under “Contact Details” and

select the means of communication with the requestor 22. Select the drop down menu on the right hand box under “Contact Details” and

enter the contact details e.g. telephone number, e-mail address etc. 23. Click on save on the Uniform tool bar

APPENDIX 2: CONTAMINATED LAND SERVICE REQUEST WORK FLOW

Record details as Uniform Service Request

Make contact with Requestor to discuss service request details

Solicitor/Conveyancer or member of the public

Councillor, Environment Agency,

Council Officer

Environmental Consultant

Advise and explain flat rate charge for

the service

Advise and explain standard charge per

hour

Give advice

If letter/response requested send

response to requestor

If letter/response requested send

response to requestor

Close uniform record

Who is the Requestor?

Invoice via Debtors for the appropriate amount,

electronically. Close uniform d

If letter/written response not

requested, close if d

If letter/written response not

requested, close if d

APPENDIX 2: STANDARD LETTER TO SOLICITOR/CONVEYANCOR OR MEMBER OF THE PUBLIC Public Protection, Civic Offices, New Road, Grays, Essex RM17 6SL Our ref: Direct Dial: 01375 65**** Your Ref: Fax: 01375 652780 Date: dd/mm/yy E-mail: Officer Address A.N. Other Solicitors Address 1 Address 2 County Post Code F.A.O A.N. Other, Re: Property Address Thurrock Council has implemented its Inspection Strategy For Contaminated Land, as required by Part 2A, Environmental Protection Act (1990), and at this time has had no cause to inspect any land within 250m of the above site for contamination applying this strategy. No land within 250m of the above property has been declared contaminated land as defined by Part 2A, Environmental Protection Act (1990). Yours Sincerely, XXXXXXX Contaminated Land Officer

APPENDIX 4: SINGLE INVOICE REQUEST

Debt Recovery Single Invoice Request Form Date: dd/mm/yy Directorate: Sustainable Communities Name/Originator: CLO Telephone Number of

Originator: 01375 6523xx

DEPArtment: Public Protection

Full Name of Debtor: A.N. Other Solicitor

Address (Invoice Destination): Address 1

Address 2

County

Post Code:

Telephone No:

Date of Birth:

National Insurance Number:

Invoice Narrative FAO: Requestor

Date of Service:

dd/mm/yy

Detailed Description of Service Provided: Contaminated Land Information Request

Contaminated land information, reference number: Requestors Reference

Purchase Order No:

Who Requested Service:

Requestor

Net Amount: £60.00 V.A.T: £10.50 Gross Amount:

£70.50

V.A.T. Source (Delete as applicable)

Exempt, Outside Scope, Standard, Zero or Other (Please State)

Full Oracle Income Code:

G-EH002-4500-0000-0000

(Example A-BC123-4516-00000-A123B)

Enquiries to: Name: Number: For Debt Recovery Use – To be completed by invoice processor. Debt Type: Date Raised: Account No: Invoice No: Name:

APPENDIX 5: STANDARD RESPONSE TO AN ENVIRONMENTAL CONSULTANT

Public Protection, Civic Offices, New Road, Grays, Essex RM17 6SL

Our Ref: Direct Dial: 01375 65**** Your Ref: Fax: 01375 652780 Date: dd/mm/yy E-mail: Officer Adress Requestor Address 1 Address 2 County Post Code F.A.O. A.N. Other Re: Address/Location Supplied by Requestor • Thurrock Council Environmental Health has x records of former and current landfills with 500m of the above address. Please find with enclosed with this letter a location map and a site history for each former landfill. • Thurrock Council Environmental Health has x records of Part B Permitted Processes within 500m of the above address: Insert Details: Process ID, Process Descriptor, Address, OS Reference • Thurrock Council Environmental Health has x records of pollution incidents within 500m of the above address: Insert Details: Incident ID, Incident Descriptor, Address, OS Reference • Thurrock Council Environmental Health has x records of intrusive investigations being undertaken within 500m of the above address: Insert Details: Investigation Location, Major Contaminant Identified, OS Reference For more information please call the Environment Agency (Anglian Region) on 08708 506506. You will be charged sEPArately for the time spent on the above i.e. x hours at £60 per hour excluding VAT. Yours Sincerely XXXXXXX Contaminated Land Officer

Appendix 3

ENVIRONMENTAL PROTECTION PROCEDURES SOP EP20 POTENTIALLY CONTAMINATED LAND RISK ASSESSMENT SCORE 1.0 PURPOSE This procedure describes the method for the determination of a risk category regarding potentially contaminated land. 2.0 SCOPE This procedure applies to all sites identified as being potentially contaminated land from the borough search undertaken under the Contaminated Land Inspection Strategy as required under Part 2A of the EPA. 3.0 REFERENCES Appendix 1: Potentially Contaminated Land Risk Assessment Flow Chart Appendix 2: Areas of Potentially Contaminative Past/Present Use Form Appendix 3: The Procedure for Reviewing the Site History in Uniform Appendix 4: Contamination Scores from Previous Industrial/ Commercial Activities Appendix 5: Statutory Receptors Appendix 6: Receptor Vulnerability Scores 4.0 DEFINITIONS Contaminated Land Officer = CLO 5.0 ACTIONS 5.1 Identification of a New Potentially Contaminated Land Site On identification of a potentially contaminated land site the CLO or other Environmental Protection Officer will proceed to determine a risk assessment category score in accordance with the flow diagram shown in Appendix 1. 5.2 Derivation of a Contamination Score The CLO or other Environmental Protection Officer will review historical maps and record changes of use on the subject site and land adjacent to the site. The historical maps are available on ArcGIS, ViewEssex and other historical map web-sites.. The CLO or other Environmental Protection Officer should record the historical map information in the Areas of Potentially Contaminative Past/Present Use form. The Areas of Potentially Contaminative Past/Present Use form is shown in Appendix 2. The CLO or other Environmental Protection Officer will review the planning history of the site using the Planning module in Uniform. The procedure for reviewing the site history under the Planning module is given in Appendix 3.

The CLO or other Environmental Protection Officer will then derive a contamination score for the site from the information obtained above. The score will be between 1 and 4 where 1 is the lowest risk and 4 is the highest risk. The score is entered in the description of risk part of the of Potentially Contaminative Past/Present Use form. Examples of contamination scores from previous industrial/ commercial activities on site are given in Appendix 4. 5.3 Derivation of a Receptor Vulnerability Score The CLO or other Environmental Protection Officer will review current occupiers of the site and adjacent sites. The list of statutory receptors is shown in Appendix 5. The receptor vulnerability score will depend on the receptor type and distance from the site. The receptor vulnerability score will be between 1 and 4 where 1 is the lowest risk and 4 is the highest risk. Examples of receptor vulnerability scores are given in Appendix 6. The CLO or other Environmental Protection Officer will enter the determined receptor vulnerability scores in the Areas of Potentially Contaminative Past/Present Use form under Hazards. 5.4 Derivation of Final Contamination Category The CLO or other Environmental Protection Officer will consult the following matrix to determine the final contamination category.

Source Receptor 1 2 3 4

1 C4SL C4SL C4SL C3SL

2 C4SL C4SL C3SL C2SL

3 C4SL C3SL C2SL C1SL

4 C3SL C2SL C1SL C1SL

The CLO or other Environmental Protection Officer will review the contamination risk category by considering any potential pathways that may be present For example, if there is potential contamination from a former gas works site and there is a supermarket built over it the initial risk assessment would be 3. If on further assessment it was found than the site was entirely covered in hard cover (acting as a barrier) the risk assessment score is changed to 4. The following risk assessment scores will then be applied accordingly: C4SL – No significant risk or possibility of significant harm;

C3SL – Either further desktop study required or is in current industrial use and may require further investigation caused by a change is site use or its surroundings; C2SL – Significant possibility of significant harm and further investigation required, including an intrusive investigation; C1SL – Significant harm is being caused. Pathway investigations should be noted on the Areas of Potentially Contaminative Past/Present Use form under Present Land Use. If the risk assessment category is changed the previous the previous score shall remain on the form but in brackets beside the new category. 5.5 Assigning Unique Identifier A unique identifier should be assigned if required. The unique identifier should be determined using the method prescribed in ENVIRONMENTAL PROTECTION PROCEDURES, SOP EP08, CONTAMINATED LAND DOCUMENT MANAGEMENT.

APPENDIX 1: POTENTIALLY CONTAMINATED LAND RISK ASSESSMENT FLOW CHART

Information Required

Review historical maps recording

changes on the site at each available epoch

Review adjacent site uses and undertake

a site visit

Review planning history at the site

Derive contamination scores 1 - 4

Derive final risk category score either C1SL, C2SL,

C3SL or C4SL

Derive receptor vulnerability score

1 - 4

Fill in target vulnerability in risk assessment form

Fill in historical details in risk

assessment form

Assign risk assessment score to

the Site

APPENDIX 2: AREAS OF POTENTIALLY CONTAMINATIVE PAST/PRESENT USE FORM

AREAS OF POTENTIALLY CONTAMINATIVE PAST/PRESENT USE

Potentially Contaminative use

Identifier

Date First Recorded NGR Date Last Recorded OS Sheet MAPS Historical details

Hazard/Target Scores (between 1–4, whereby the highest score denotes the greatest potential risk/vulnerability) Hazards: Score: Description of risk

Target Vulnerability: Humans

Ecologically sensitive areas

Groundwater

Surface water

Agricultural land

Buildings

Present Land Use (with source of information) Category:

APPENDIX 3: THE PROCEDURE FOR REVIEWING THE SITE HISTORY IN UNIFORM 1. Log onto Uniform 2. Select “Planning” on the top bar 3. Select “Development Management” on the vertical list 4. The first screen will show “Reception” 5. To start the search right click in the “Address” box 6. From the drop down menu select “Street Search”

7. Enter the site address in “Street Name” 8. Click “Retrieve Data”

9. Scroll to site address and press OK

10. Click “Retrieve Data”

APPENDIX 4: CONTAMINATION SCORES FROM PREVIOUS INDUSTRIAL/ COMMERCIAL ACTIVITIES Examples of contaminative scores are provided below: Former Use Score Gas Works; Chemical Plant 4 Sewage Works; Wood Preservation 3 Vehicle Manufacture; Railway Yard 2 Food Preparation; Housing 1

APPENDIX 5: STATUTORY RECEPTORS

Human beings occupying or using: – residential land with gardens – residential land without gardens – allotments – schools and nurseries – recreational land (e.g. parks, playing fields, open space) – commercial/industrial premises Ecologically sensitive areas: – Sites of Special Scientific Interest (SSSIs) – National Nature Reserves (NNRs) – Marine Natures Reserves (MNRs) – Areas of special protection for birds – European sites (i.e. Special Areas of Conservation (SACs) and Special Protection Areas (SPAs)) – Candidate SACs & SPAs – Ramsar sites – Nature Reserves Property in the form of buildings: – Ancient Monuments – Sites of archaeological importance – Other buildings (e.g. buildings that may be affected by migration of landfill gas) Other forms of property: – Crops, including timber – Produce grown domestically or on allotments for consumption – Livestock – Other owned or domesticated animals – Wild animals subject to shooting or fishing rights Controlled waters: – Surface water (e.g. rivers, streams, lakes, ponds, estuarine waters) – Groundwaters (including information on groundwater vulnerability) – Water abstractions (including major public and smaller private sources) – Source Protection Zones – Surface and groundwater quality data

APPENDIX 6: RECEPTOR VULNERABILITY SCORES

Examples of Vulnerability Scores

Type Score

Humans Residential with gardens/schools Residential (flats + open space) Industrial/commercial Open space with access Car Park Occupied structure within zone for landfill

4 3 2 2 1

2-4

Ecologically Sensitive Areas (ESA) ESA on site ESA up to 250m from site ESA between 250–500m from site ESA > 500m from site

4 3 2 1

Groundwater Principal aquifer/source protection zone (1) Secondary A/B aquifer/(source protection zone 2/3) Secondary undifferenciated aquifer UnproductiveP aquifer

4 3 2 2

Surface Water Water body on site Water body 0–100m from site boundary Water body 100–500m from site boundary Water body greater than 500m from boundary

4 3 2 1

Agricultural Land Grade 1 agricultural land on site Grade 2 agricultural land on site

4 3

Buildings Scheduled Ancient Monument on site Building on source of gas Building within 250m of gas source Building on ground potentially containing organics Building within 50m of ground potentially containing organics

4 4

2–4 3 2