Does Radon gas cause contaminated land?
Part 2A has been extended to include radioactively contaminated land. However, this extension does not apply to radon gas and its short lived decay products. These are only a matter of concern within buildings and for which other policies exist.
More information on radon can be found on the UK Radon website
How might contaminated land affect me?
You may own land that has elevated concentration of contaminants due to historical activities at, or close to the site.
Under the planning system, land affected by contamination has been included under the Town and Country Planning Act since 1990. Therefore land developed since this date is unlikely to be affected by historic contamination, as this will have been investigated and cleaned up prior to the development being undertaken.
Under Part 2A of the Environmental Protection Act 1990, 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 significant 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 remediating 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 affected by contamination. The only definitive way to confirm if your land is affected by contamination, is to undertake an intrusive site investigation to determine the concentrations of contaminants in the soil, or to undertake ground gas or vapour monitoring if the land in question is on, or close to, a former waste disposal site or other source of ground gas or vapour. Any intrusive investigation should be preceded by a desk-based assessment to identify the potential sources of contaminants and the potential risks they may pose to receptors. The identified potential contaminants would then be tested for as part of the intrusive site investigation.
When you buy a property, your Solicitor will undertake a number of searches in respect of the land or property you are interested in purchasing. Environmental searches will typically highlight if the property or land is on, or within 250m of, a site that is currently thought to be potentially contaminated. This does not mean the land is contaminated, but has been identified as having a historical land use that may have resulted in contamination of the soil or groundwater beneath the site. There is no national database of potentially contaminated sites. Such searches are only valid at the time that they were performed, and can offer no guarantee that new knowledge will not come to light in respect of a property or area of land. If these searches suggest that the property might be in the vicinity of an area of potentially contaminated land, you should contact Environmental Health for further information.
Who is responsible for soil contamination in my garden?
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. An intrusive site investigation would need to be undertaken to confirm the concentration of contaminants in the soil, which would be followed by a risk assessment.
If the source of contamination has arisen from a past use of the land, or land in close proximity, and is deemed by the Council to pose significant harm, or a significant possibility of significant harm, to human health, Part 2A enables the Council to work to identify the "appropriate persons" responsible for either the contamination, or introducing a receptor to that contamination.
However, any intervention by the Local Authority for the purposes of remediation of contaminated land must consider the costs involved (including social costs), the harm that is likely to be caused by the contaminants, and whether the adverse effects caused by intervention, for the purposes of remediation, justify the benefits gained.
Who is the enforcing authority for contaminated land?
The District Council has sole responsibility for determining land as Contaminated Land under Part 2A of the Environmental Protection Act 1990, an entry for which is listed on a Public Register held by the Council. Depending on the nature of the contaminants at the site, we may refer a site of concern to the Environment Agency who will then oversee any site investigation and, where required, remediation.
There are currently no sites on the Public Register for Derbyshire Dales.
What information can the District 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 2A of the Environmental Protection Act 1990. These are held on the Public Register. There are currently no sites on the Public Register for Derbyshire Dales.
We can respond to environmental information enquiries and can discuss the Council’s list of sites of potential concern within the District. None have been identified as high risk. We can inform you of what the District Council knows of the past use of those sites, why it considers there may (or may not) be a potential risk to human health or the wider environment and what action it may 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.
Whilst we have identified a large number of sites of potential concern based on historical mapping, this does not mean large areas of the District are potentially contaminated. These sites cover all possible past activities, from small waste disposal pits on farm land to petrol stations, mills, factories and lead mines. Many of which are not located near current residential, commercial or other land uses where people live or work.
What are naturally occurring contaminants?
Some areas of the United Kingdom have naturally elevated levels of certain substances in the soil (e.g. metals), which may pose a potential risk to human health and the environment. These contaminants arise as part of the natural weathering of rock that is present in the ground.
Extensive areas of Derbyshire Dales soils have elevated concentrations of naturally occurring lead (Pb), which may occur with elevated concentrations of arsenic and cadmium. Extensive areas of Northamptonshire have elevated concentrations of naturally occurring arsenic, associated with the Northamptonshire Ironstone that underlies much of the county. Normal levels of contaminants in soil should not be considered to cause land to qualify as Contaminated Land under Part 2A of the Environmental Protection Act 1990, unless there is a particular reason for the Local Authority to consider otherwise. However, the National Planning Policy Framework requires the risks arising from natural hazards or former activities such as mining to be taken into account for development sites.
What is lead?
Lead (Pb) is a soft, silvery grey metal that melts at 327.5oC. It is highly resistant to corrosion, is soft and malleable and a poor conductor of electricity
How does lead get into the environment?
Lead may arise in the environment from natural or anthropogenic (human-made) sources. Natural sources include geological weathering and volcanic emissions. Anthropogenic sources include mining and associated activities, lead smelting, refining and recycling. Some of the major uses of lead are in batteries (e.g. lead acid batteries used in vehicles), cables, pipes, pigments, ceramic glazes, solder and on occasion in traditional health remedies.
The main sources of lead in soil in Derbyshire Dales are that arising from the naturally occurring lead due to the presence of mineral veins within the carboniferous limestone and mining contamination (e.g. spoil and tailings) and processing of vein minerals (e.g. smelting).
Where is there most lead in soils in Derbyshire Dales?
Most of the lead veins are located in areas of the District to the north of Cromford. These are areas where there is carboniferous limestone, which has mineral veins within it. There is also a small pocket of naturally occurring lead close to Ashbourne.
Where can I get advice about the effects of lead poisoning?
The UK Health Security Agency (UKHSA) has a chemical compendia on the health effects of lead.
There are no reported instances of human lead poisoning in Derbyshire Dales associated with lead found in soil.
Can I get my soil tested for lead or other contaminants?
You can have your soil tested for lead by a number of different laboratories in the East Midlands. The District Council is not able to recommend or endorse any particular laboratory. Laboratories can be found online. The laboratory may be able to advise you on how to take the sample(s), will provide sampling containers and will detail what information it will require from you. The laboratory will not interpret the results of any testing for you. The laboratory will provide you with a Certificate of Analysis that factually reports the soil concentration of the chemicals you have requested analysis of, in each of the samples tested. The District Council is unable to undertake soil testing on behalf of residents, nor to interpret the results of any testing. As an initial comparison, you may wish to compare the laboratory results to published Category 4 Screening Levels that are used to assess the risks from land contamination to human health. However, the Council would always recommend you consult a geo-environmental consultant to fully interpret the laboratory results and provide a more comprehensive risk assessment.
Any discussions with the District Council concerning the results of private soil testing must be treated as advice only. The Council is unable to categorically state if a concentration of a contaminant will, or will not, pose a risk to human health.
