Frequently asked questions about contaminated land
We hope these frequently asked questions will help you with your enquiry, but if you need to know more please contact our Clean and Green hotline (details below).
What is contaminated land?
This is land which, because of substances in, on or under it, appears to be in such a condition that:
(a) significant harm is being, or is likely to be, caused; or
(b) pollution of controlled waters is being, or is likely to be, caused.
We are responsible for determining whether land in North East Derbyshire should be classed as contaminated. We take many factors into account, including how harmful the substances are, what the concentration is and how likely it is that people, wildlife etc. are to come into contact with them.
What law covers contaminated land?
Part IIA of the Environmental Protection Act 1990 was inserted by section 57 of the Environment Act 1995, and was introduced in England on 1 April 2000. The primary legislation is implemented by the Contaminated Land (England) Regulations 2000 and by DEFRA Circular 01/2006.
What is the aim of Part IIA?
The purpose of this legislation is to deal with land contamination that has arisen from past, largely industrial, activities. It is retrospective, in that certain persons or companies can be held liable for their actions that occurred in the past. The legislation places the financial responsibility for dealing with the contamination with the polluter, where they can be found.
What causes contaminated land?
Contamination of land has largely arisen as a result of past activities, such as mining, industrial processes, spills and waste disposal. However, some areas of the United Kingdom also have naturally high levels of certain substances in the soil (e.g. metals), which may pose a risk to health and the environment. The law does not differentiate between naturally occurring or man-made contaminants.
Does Radon gas cause contaminated land?
Although the regulations include radioactively contaminated land, this does not include radon gas. Find out more about Radon gas.
How might contaminated land affect me?
People that cause or knowingly permit land to become contaminated, or that own or occupy land that is contaminated, can be held responsible for ensuring that the contamination poses no risk to human health or the wider environment. These people are termed 'appropriate persons'.
Under the legislation there are two classes of appropriate person:
Class A - those who cause or knowingly permit the contaminants to be in, on or under the land
Class B - the owner or occupier of the land
Where no Class A person can be identified, the Class B person may become liable for cleaning up the land in question.
How do I know if my land is contaminated?
You may be aware that you own land that, due to historical usage, has the potential to be contaminated. The only definitive way to confirm if your land is contaminated is to undertake a site investigation to determine the concentrations of contaminants in the soil, or to undertake landfill/ground gas monitoring if the land in question is on, or close to, a former waste disposal site.
When you buy a property, your solicitor will carry out a number of searches to find out the history of the property and the land that it is built on. Environmental searches will highlight if the property or land is on, or within 250m of, a site that is currently thought to be potentially contaminated. If these searches suggest that the property might be in the vicinity of an area of potentially contaminated land, you should contact us for more information and advice.
Who is the enforcing authority for contaminated land?
We have the sole responsibility for determining land as contaminated, an entry for which is listed on a Public Register held by the Council. Depending on the nature of the contaminants, we may refer a site of concern to the Environment Agency who will then oversee any investigation and remediation.
What information can the council provide me with?
We can tell you if there are any sites in the District that have been determined as contaminated land, under Part IIA. These are held on the Public Register, although there are currently no sites on the Public Register for NEDDC.
We can respond to environmental information enquiries and if you have an interest in a specific site can make available for viewing details of the site on a GIS database of sites of potential concern within the District. We can inform you of the past use of those sites, why we consider there may be a potential risk to human health or the wider environment and what action we will be taking in the future to further investigate the site. We will not provide any private information that relates to the owners or occupiers of the land in question.
While we have identified over 1800 sites of potential concern, this does not mean large areas of the District are contaminated. These sites cover all possible past activities, from small waste disposal pits on farm land to petrol stations, mills, factories and old mining sites.
What are naturally occurring contaminants?
Some areas of the United Kingdom have naturally high levels of certain substances in the soil or underlying rock which may pose a risk to human health and the environment. The majority of our district lies on coal measures which have been exploited for centuries leaving a legacy of contamination including waste and ground gases.
Who is responsible for soil contamination in my garden?
With naturally occurring contaminants there is no person who knowingly permitted the land to become contaminated (a Class A appropriate person). As such, the person that owns or occupies land that is, or may be, contaminated can be held responsible for ensuring that the contamination poses no risk to human health or the wider environment.
When will the council take action?
In deciding whether to enforce the clean-up of a site, we will consider the costs involved (including social costs), the harm that is likely to be caused by the pollution if left undisturbed, and whether the adverse effects caused by the clean-up justify the benefits gained. So, even if we decide that an area of land is contaminated, it doesn't necessarily follow that we will enforce a clean-up. Each case will be considered on its own merits - contact us for more information if you have any concerns.
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