Contaminated Land

Responsibility for contaminated land issues within Rotherham lies within Community Protection Unit that undertakes traditional Environmental Health and Anti-Social Behaviour functions.

Background

Following the closure of the coal and steel industries, in January 1990 the House of Commons Environment Committee published its first report on contaminated land, which expressed concerns in relation to the environmental problem.

Following this, the Environmental Protection Act 1990 came into force requiring all local authorities to compile a 'public register of land that may be contaminated' as a result of previous (specified) industrial uses.

In April 2000, Part IIA of the Environmental Protection Act (EPA) 1990 came into force and introduced a new regime for the regulation of contaminated land in England . Part IIA addresses the legacy of land contamination and its' main purpose is to:

• Provide an improved system for the identification of land that is posing unacceptable risks to health or the environment; and
• Secure remediation where such risks cannot be controlled by other means.

Current Position

Part IIA of the Environmental Protection Act 1990 aims to identify land affected by contamination that presents an unacceptable risk in its present state. Where land is identified as posing an unacceptable risk, Part IIA tries to ensure that where possible, work is carried out to make the level of risk acceptable. This would take into account the cost of risk reduction, practical considerations, and the potential benefits. Part IIA is intended to complement other regimes; for example those aimed at preventing new contamination.

Local Authorities regulate part IIA and the key responsibilities for Rotherham Metropolitan Borough Council are to:

• Prepare an inspection strategy setting out how the Authority intends to inspect its area for the purpose of identifying contaminated land.
• Determine whether particular areas of land are contaminated land in accordance with the Secretary of State's guidance.
• Decide whether any contaminated land is also required to be designated as a Special Site in consultant with the Environment Agency as appropriate.
• Identify and notify owners and occupiers of the land, those who may be liable and the Environment Agency that the land is contaminated land and whether it is a Special Site.
• Undertake urgent remediation action where there is imminent danger of serious harm.
• Determine who may be liable to bear responsibility for remediation of contaminated land and what proportion of the costs they should bear.
• Ensure that appropriate remediation takes place, either by encouraging voluntary action or, unless restrictions apply, by serving a remediation notice on those responsible.
• Take further action if remediation is not carried out or is not effective.
• Maintain a public register containing details of regulatory action taken under Part IIA and though other means.
• Provide information on contaminated land under Part IIA to the Environment Agency to allow preparation of the State of Contaminated Land Report .