Recently, with the withdrawal of subsidies on remediating disused and potentially contaminated land, or ‘Brownfield’ land as it’s often called, we have noticed a drop in the number of investigations on brownfield sites and an increase in greenfield sites.
The Environmental Protection Act, mandates that regulators should assess and make safe any contaminated land that could potentially pose risks to human health, the environment, waters and buildings. On the face of it this would seem reasonable and in an ideal world it would be desirable to investigate and clean up every potentially contaminated site. However in reality investigating and remediating sites can be complicated, confusing and expensive and it is important that a sensible investigation strategy is employed.
The dangers of making the investigations strategy too draconian is that developers and site owners can be discouraged from regenerating areas because of the costs that are associated with investigation and remediation of these sites.
For these reasons, it is important that the investigation of potentially contaminated sites be as logical, pragmatic, cost effective, accessible and transparent as possible, while still being scientifically robust.
The changes made to BS10175:2011 – Investigation of potentially contaminated sites, provide a welcome clarification on a number of areas which include:
- clearer separation between “Normative text” (i.e. guidance) and informative text;
- clarification of some terminology, e.g. “contamination”;
- emphasis on the importance of early consultation with regulators and including provision of information on the role of local authority “contaminated land officers”;
- tightened reporting requirements; and
- introduction of a requirement concerning the qualification of drillers etc. (as in CP 5930 as amended 2010).
With regards the definition of contamination it states that this is defined as the, “Presence of a substance or agent, as a result of human activity, in, on, or under land, which has the potential to cause harm or cause pollution.” It should be noted that there is no presumption in this definition that harm can result from the presence of contamination.
Although the changes in the standard align BS10175 more closely with the definition in “BS ISO 11074 Soil quality – Vocabulary” and also help to make it clear that the definition in Part IIA of the Environmental Protection Act 1990 has only a narrow application, will the changes themselves make developers sufficiently confident in the process for investigating potentially contaminated sites to make them want to start developing them again?