APPENDIX I Technical Guidance and Sources of Useful Information NOTE: This document presents a selection of relevant guidance documents and sources. It is not intended to be complete or exhaustive. It focuses mainly on relevant UK sources of information. However, many US and European sources can also be of assistance as long as they do not contradict UK guidance. Based on material prepared by Land Quality Management Ltd, copyright reserved. Reproduced with permission. This material may be freely copied with the rest of this report. Appendix I 1 LEGISLATION, REGULATIONS AND STATUTORY GUIDANCE 1.1 UK 1 Document Title Environment Act 1995 Author (Year): UK Government (1995) ISBN: 0 10 542595 8 View for free at: www.legislation.hmso.gov.uk/acts/acts1995/Ukpga_19950025_en_1.htm Summary Section 57 of this Act contains the provisions that make up Part IIA of the Environmental Protection Act 1990, setting out a new regime for the identification and remediation of contaminated land. 2 Document Title The Water Resources Act 1991 Author (Year): UK Government (1991) ISBN: 0 10 545791 4 View for free at: www.hmso.gov.uk/acts/acts1991/Ukpga_19910057_en_1.htm Summary Provides mechanism for prevention or removal from pollution to controlled waters with cost recovery from the responsible parties. Section 161 and Section 161A, inserted by Section 60 of the Environment Act 1995. 3 Document Title The Pollution Prevention and Control (England and Wales) Regulations 2000 Author (Year): UK Government (2000) SI 2000/1973 ISBN: 0 11 099621 6 View for free at: www.hmso.gov.uk/si/si2000/20001973.htm Summary These regulations include some minor changes made to the Part IIA regime to reflect the introduction of the new Pollution Prevention and Control (PPC) system. 4 Document Title Town and Country Planning Act 1990 Author (Year): UK Government (1990) ISBN: 0 10 540890 5 View for free at: www.legislation.hmso.gov.uk/acts/acts1990/Ukpga_19900008_en_1.htm Summary: A consolidation of previous planning legislation that sets out a uniform and mandatory countrywide system of development control. 5 Document Title Groundwater Regulations 1998 (applicable in England, Scotland and Wales) Author (Year): UK Government (1998) SI 1998/2746 ISBN: 0 11 039131 4 View for free at: www.legislation.hmso.gov.uk/si/si1998/19982746.htm Summary: Prevents the discharge of hazardous “List 1” substances and pollution of groundwater by “List 2” substances. Page I-ii Appendix I 1.2 England 1 Document Title Circular 02/2000 Contaminated Land Implementation of Part IIA of the Environmental Protection Act 1990 Author (Year): DETR (2000) ISBN: 0 11 753544 3 View for free: www.defra.gov.uk/environment/landliability/circ2-2000/index.htm Summary Part IIA of the Environmental Protection Act 1990 provides a new regulatory regime for the identification and remediation of contaminated land. This guidance describes the framework for the identification, assessment and remediation of contaminated land by the regulatory authorities in England. 2 Document Title The Contaminated Land (England) Regulations 2000 Author (Year): UK Government (2000) SI 2000/227 ISBN: 0 11 085901 4 View for free at: www.hmso.gov.uk/si/si2000/20000227.htm Summary The Regulations deal with some specific procedural matters in particular the categories of Special Sites, details on remediation notices and appeals against such notices. A guide to these Regulations is contained in the Circular. 3 Document Title: Pollution Prevention and Control (England and Wales) Regulations 2000 Author (Year): UK Government (2000) SI/1973 ISBN: 0 11 099621 6 View for free at: www.hmso.gov.uk/si/si2000/20001973.htm Summary Requires “Part A” processes to employ “Best Available Techniques” (BAT) for prevention of pollution to all environmental media. At closure the site must be returned to a “satisfactory” state and any pollution risks eliminated. 4 Document Title Planning Policy Guidance (PPG) 23: Planning and Pollution Control (under revision) Author (Year): DoE (1997) ISBN: 0 7504 28546 View for free at: www.odpm.gov.uk/stellent/groups/odpm_control/documents/contentserverte mplate/odpm_index.hcst?n=3443&l=3 Summary: Gives advice on the relationship between authorities’ planning responsibilities and the separate statutory responsibilities exercised by local authorities and other pollution control bodies, principally under the Environmental Protection Act 1990 and the Water Resources Act 1991. NOTE: Extensive documentation, official advice and technical guidance is available on the Environment Agency website, currently at the following link: www.environment-agency.gov.uk/subjects/landquality/113813/?version=1&lang=_e Page I-iii Appendix I 1.3 Wales 1 Document Title Contaminated Land: National Assembly for Wales guidance to enforcing authorities under Part IIA of the Environmental Protection Act 1990 Author (Year): National Assembly for Wales (2001) ISBN: 0 11 753544 3 View for free: www.wales.gov.uk/subienvironment/content/guidance/contamlanddoc-e.doc Summary Part IIA of the Environmental Protection Act 1990 provides a new regulatory regime for the identification and remediation of contaminated land. This guidance describes the framework for the identification, assessment and remediation of contaminated land by the regulatory authorities in Wales. 2 Document Title The Contaminated Land (Wales) Regulations 2001 Author (Year): National Assembly for Wales (2001). WSI 2001/2197 (W.157) ISBN: 0 11090307 2 View for free at: www.wales-legislation.hmso.gov.uk/legislation/wales/wsi2001/20012197e.htm Summary The Regulations deal with some specific procedural matters in particular the categories of Special Sites, details on remediation notices and appeals against such notices. 3 Document Title: Pollution Prevention and Control (England and Wales) Regulations 2000 Author (Year): UK Government (2000) SI/1973 ISBN: 0 11 099621 6 View for free at: www.hmso.gov.uk/si/si2000/20001973.htm Summary Requires “Part A” processes to employ “Best Available Techniques” (BAT) for prevention of pollution to all environmental media. At closure the site must be returned to a “satisfactory” state and any pollution risks eliminated. 4 Document Title Planning Policy Wales Author (Year): National Assembly for Wales (2002) ISBN: View for free at: www.wales.gov.uk/subiplanning/content/planningpolicy/final/contents-e.htm Summary: Welsh Planning guidance. Sections 13.5 to 13.7 advise on the policy for contaminated land and the relationship with Part IIA. NOTE: Extensive documentation, official advice and technical guidance is available on the Environment Agency website, currently at the following link: www.environment-agency.gov.uk/subjects/landquality/113813/?version=1&lang=_e Page I-iv Appendix I 1.4 Scotland 1 Document Title Circular 1/2000 Contaminated Land Author (Year): Scottish Executive (2000) ISBN: View for free: www.scotland.gov.uk/environment/contland.pdf Summary Part IIA of the Environmental Protection Act 1990 provides a new regulatory regime for the identification and remediation of contaminated land. This guidance describes the framework for the identification, assessment and remediation of contaminated land by regulatory authorities in Scotland. 2 Document Title The Contaminated Land (Scotland) Regulations 2000 Author (Year): Scottish Executive (2000). SSI 2000/178 ISBN: 0 11 059370 7 View for free at: www.scotlandlegislation.hmso.gov.uk/legislation/scotland/ssi2000/20000178.htm Summary The Regulations deal with some specific procedural matters in particular the categories of Special Sites, details on remediation notices and appeals against such notices. A guide to these Regulations is contained in the Circular. 3 Document Title The Pollution Prevention and Control (Scotland) Regulations 2000 Author (Year): Scottish Executive 2000. Statutory Instrument 2000/323 ISBN: 0 11 059467 3 View for free at: www.scotlandlegislation.hmso.gov.uk/legislation/scotland/ssi2000/20000323.htm Summary These regulations includes some minor changes made to the Part IIA regime to reflect the introduction of the new Pollution Prevention and Control (PPC) system. 4 Document Title Planning Advice Note (PAN) 33: Development Of Contaminated Land Author (Year): Scottish Executive 2000 ISBN: View for free at: www.scotland.gov.uk/library/pan/pan33-00.asp Summary: Revised planning guidance on dealing with existing land contamination. It outlines the provisions of Part IIA and provides advice to ensure consistency under planning decisions. NOTE: Extensive documentation, official advice and technical guidance is available on the Scottish Environmental Protection Agency website, currently at the following link: www.sepa.org.uk/contaminated-land/index.htm Page I-v Appendix I 2 DESK STUDY AND SITE INVESTIGATION 2.1 Key Technical Guidance 1 Document Title Guidance on preliminary site inspection of contaminated land. CLR2 Volumes 1 and 2. Author (Year): Report by Applied Environmental Research Centre Ltd. (Volume 1. DOE, 1994. Volume 2. DoE, 1994 ) ISBN: Order from: DEFRA Publications, c/o IFORCE Ltd, Imber Court Business Park, Orchard Lane, East Molesey, SURREY, KT8 OBZ (tel 08459-556000; fax 0208-957-5012; email defra@iforcegroup.com Summary One of a series of reports financed under the Contaminated Land Research Programme which deals with information needed to assess risks; procedures for categorising and assessing risks; and evaluation and selection of remedial methods. The purpose of the reports is to provide regulators, developers and other interested parties with authoritative and researched advice on how best to identify and assess the problems contamination can pose and what can be done to tackle them. They cannot, however, address the specific circumstances of each site, as every site is unique. These two volumes provide guidance on the identification of visual and other sensory indicators of the possible presence of contamination on a site. Volume 1 is stated as intended to be an onsite manual including checklists and assessment forms whilst Volume 2 provides a detailed review of the relevant literature on the visual and other sensory indicators of contamination. 2 Document Title Documentary research on industrial sites. CLR3 Author (Year): Report by RPS Group plc. DoE, 1994. ISBN: Order from: DEFRA Publications, c/o IFORCE Ltd, Imber Court Business Park, Orchard Lane, East Molesey, SURREY, KT8 OBZ (tel 08459-556000; fax 0208-957-5012; email defra@iforcegroup.com Summary Provides guidance on the review of historical information and desk study stage of the assessment of contaminated land. 3 Document Title Guidance for the Safe development of Housing on Land Affected by Contamination. Author (Year): NHBC & Environment Agency (2000) ISBN: 0 11 310177 5 Order from: The Stationery Office. This guidance was produced to promote the adoption of good practice in the identification, investigation, assessment and remedial treatment of land affected by contamination, so that development of housing on such land can be undertaken safely and with confidence that no unacceptable risks remain. Summary Page I-vi Appendix I 4 Document Title Communicating understanding of contaminated land risks Author (Year): 1998 ISBN: Order from: Foundation for Water Research Allen House, The Listons, Liston Road, Marlow, Buckinghamshire SL7 1FD, United Kingdom. tel: +44 (0)1628 891589. email: office@fwr.org.uk webpage: http://www.fwr.org Summary Small booklet outlining a suggested framework for communicating issues relating to potentially contaminated land to wider audiences. Page I-vii Appendix I 2.2 Further Guidance 1 Document Title Guidelines for Combined Geoenvironmental and Geotechnical Investigations Author (Year): Association of Geotechnical and Geoenvironmental Specialists (2000) Order from: http://www.ags.org.uk/publications/pubcat.cfm Summary Short industry publication discussing the factors to be considered when carrying out combined investigations in order maximise the efficiency of the investigation, and the recommended procedures. Aims to provide guidance to those involved in the design and execution of site investigations. 2 Document Title BS 10175:2001. Code of Practice for the investigation of potentially contaminated land. Author (Year): BSI (2001) ISBN: 0 580 33090 7 Order from: BSI Customer Services. Tel: 020 8996 9001. Fax 020 8996 7001. www.bsiglobal.com Summary Replaced and superseded the draft code of practice DD175:1988, which is withdrawn. It forms guidance and recommendations but is not a specification and compliance does not of itself confer immunity from legal obligations. Guidance is applicable to the investigation of all potentially contaminated sites including sites with naturally enhanced concentrations of potentially harmful substances. Includes guidance on the initial phases of investigation including historical data retrieval, site reconnaissance and the formation of an initial conceptual model for the site. The main body of the document covers the design, planning and implementation of the field investigation, sampling and reporting. 4 Document Title BS 5930:1999 Code of Practice for Site Investigations. Author (Year): BSI (1999) ISBN: 0 580 33059 1 Order from: BSI Customer Services. Tel: 020 8996 9001. Fax 020 8996 7001. www.bsiglobal.com Summary Replaced and superseded the 1981 BS. Deals with the investigation of sites for the purposes of assessing their suitability for the construction of civil engineering and building works. It enters into detail regarding the procedures of “ground investigation” whilst giving less treatment to the wider aspects of “site investigation” such as desk study, site reconnaissance and risk assessment. Section 1 is of most interest, dealing with those matters of a technical, legal or environmental character that have usually to be taken into account in selecting the site. Page I-viii Appendix I 3 RISK ASSESSMENT 3.1 Key Technical Guidance 1 Document Title CLR7: Assessment of Risks to Human Health from Land Contamination: An Overview of the Development of Soil Guideline Values and Related Research . Author (Year): DEFRA/EA (March 2002) ISBN: 1 857 05732 5 www.defra.gov.uk/environment/landliability/pubs.htm#new View for free at: Summary 2 Document Title CLR7 introduces the other new reports in this series. It describes the legal framework (including the statutory definition of contaminated land under Part IIA of the Environmental Protection Act 1990), the development and use of Soil Guideline Values; and references to related research for human health risk assessment. CLR9: Contaminants in soils: Collation of Toxicological Data and Intake Values for Humans Author (Year): DEFRA/EA. (March 2002). ISBN: 1 857 05734 1 View for free at: www.defra.gov.uk/environment/landliability/pubs.htm#new Summary CLR9 sets out the approach used to derive tolerable daily soil intakes and index doses for contaminants, which were subsequently used to determine Soil Guideline Values. DEFRA/EA. March 2002. In addition there is the R&D Publication “Tox" series which can also be downloaded from the same location: TOX1 Arsenic. TOX2 Benzo(a)pyrene TOX3 Cadmium TOX4 Chromium TOX5 Inorganic cyanide TOX6 Lead. TOX7 Mercury TOX8 Nickel TOX9 Phenol TOX10 Selenium TOX12 Dioxins, Furans and Dioxin-like PCBs. TOX20 Naphthalene This series of toxicological reports detail the derivation of tolerable daily soil intakes or index doses for the first set of contaminants for which Soil Guideline Values have been determined. Further reports to be published. Page I-ix Appendix I 3 Document Title CLR10: Contaminated Land Exposure Assessment Model (CLEA): Technical Basis and Algorithms Author (Year): DEFRA/EA. (March 2002). Associated software is also available for free download at the same hyperlink. ISBN: 1 857 05749X View for free at: www.defra.gov.uk/environment/landliability/pubs.htm#new Summary Describes the conceptual exposure models for each standard land use for which Soil Guideline Values are derived. It sets out the technical basis for modelling exposure and provides a comprehensive reference to all the default parameters and algorithms used. In addition there is an associated series of reports entitled the R&D Publication “SGV” series: SGV1 Arsenic SGV3 Cadmium SGV4 Chromium SGV5 Inorganic Mercury SGV7 Nickel SGV9 Selenium SGV10 Lead This series of Soil Guideline Values reports set out the derivation of Soil Guideline Values for the first set of contaminants for which toxicological data has been determined. Further reports in the series are to be published. Page I-x Appendix I 4 REMEDIATION 4.1 Key Technical Guidance 1 Document Title: Contaminated Land Management Ready Reference Author (Year): Judith Nathanail, Paul Bardos & Paul Nathanail ISBN: 1 900995 069 (EPP Publications); 0 953309045 Land Quality Press Order From: EPP Publications 6 Eastbourne Road, Chiswick, London W4 3EB Tel: 020 8400 1601 Fax: 020 8747 9663 e-mail enquiries@epppublications or administrator@lqm.co.uk Summary: One volume compendium of key facts, techniques, considerations and potential pitfalls involved in the assessment and management of the risks associated with contaminated land. Includes Tables summarising a wide range of remediation technologies 2 Document Title: Remedial Treatment Datasheets Author (Year): Theresa Kearney (2002) - Environment Agency Management System Document No. 102_02, Version 1.0, Issued 15/04/02 ISBN: View for free at: www.environment-agency.gov.uk/commondata/105385/rtas.pdf Summary: Sheets describing the range of remedial treatment actions for dealing with soil and groundwater contamination that are considered by the Agency to be applicable based on their commercial availability and track record in England and Wales. Page I-xi