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