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The Contaminated Land Regulations – Consolidated Review. 21 September 2005 Craig Edwards. Aims of Presentation. Give a broad introduction to the regulations behind contaminated land – Part IIA, Planning Explanation of the identification procedures to classify contaminated land
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The Contaminated Land Regulations – Consolidated Review 21 September 2005 Craig Edwards
Aims of Presentation • Give a broad introduction to the regulations behind contaminated land – Part IIA, Planning • Explanation of the identification procedures to classify contaminated land • Environmental Impact Assessment (EIA) • Waste
What is contaminated land • Contaminated land – “any land which appears to, by reasons 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) pollution of controlled waters is being, or is likely to be caused Definition from Part IIA of the Environmental Protection Act 1990 (EPA90).
Part IIA • there is evidence of the presence of a contaminant, a pathway and a receptor that might suffer “significant harm”; • there is the “significant possibility of significant harm”; • pollution of controlled waters is occurring, or is likely to occur.
Source, pathway, target Image
Main responsibilities under Part IIA Local Authorities • Prepare and publish an inspection strategy • Inspect their areas to identify contaminated land • Consult the Agency on pollution of controlled waters • Ensure remediation of land identified as contaminated land • Transfer special sites to the Agency • Maintain a public register of regulatory action Environment Agency • Provide relevant information held by the Agency to local authorities • Inspect potential special sites on behalf of the local authority • Ensure remediation of special sites • Maintain a public register of regulatory action for special sites • Prepare a national report on the state of contaminated land • Provide advice to local authorities on identifying and dealing with pollution of controlled waters • Provide advice to local authorities on the remediation of contaminated land
Environmental Impact Assessment (EIA) The requirement for EIA comes from a European Directive (85/33/EEC as amended by 97/11/EC). • Environmental Statement • Schedule 1 Projects • Schedule 2 Projects
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