STRATEGY

For

CONTAMINATED LAND INSPECTION

Environmental Protection Act 1990, Part IIA

City of Wakefield Metropolitan District Council,

Development Department,

Newton Bar,

WAKEFIELD

WF1 2TX

January2003

SUMMARY This document sets out Wakefield Metropolitan District Council’s Contaminated Land

Inspection Strategy in fulfilling its statutory obligations and complying with the underlying

principles of the Part IIA regime of the Environmental Protection Act 1990.

The document contains an introduction and overview of land contamination and background

information of the District which has been considered during the development of the

Inspection Strategy. Also included are the issues that have been considered and addressed,

the Inspection Strategy itself which the Council aims to achieve, and finally, the proposed

procedures for its implementation.

CONTENTS:

1. INTRODUCTION

1.1 Background

1.2 General policy of Wakefield Metropolitan District Council.

1.3 Regulatory context

1.3.1 Definition of contaminated land under Part IIA

1.3.2 Principal objectives of the Regulations

1.3.3 Regulation of Part IIA

1.4 Development of the Strategy

2 CHARACTERISTICS OF WAKEFIELD METROPOLITAN DISTRICT

2.1 Geographical location and aspects

2.2 Industrial activities past and present

2.3 Geology

2.4 Hydrogeology

2.5 Hydrology

2.6 Minerals and waste management

2.7 Protected Areas

2.8 Known information on contamination

2.8.1 Industry Profiles

2.8.2 Specific Examples

2.8.3 Other Sites

3. THE LOCAL AUTHORITY STRATEGY: OVERALL AIMS

3.1 Aims of the Contaminated Land Strategy

3.2 Objectives

3.3 Milestones

3.4 Sites for which Wakefield Council may have responsibility

4. LOCAL AUTHORITY PRIORITY ACTIONS AND TIMESCALES

4.1 Priorities

4.2 Timescales

5. PROCEDURES

5.1 Information collection

5.2 Prioritisation

5.3 Detailed investigation of identified sites

5.3.1 Desk Study

5.3.2 Inspecting particular areas of land

5.3.3 Site visit

5.3.4 Intrusive site investigation

5.3.5 Powers of entry

5.3.6 Considering Local Authority interest in land

5.4 Information and complaints

5.4.1 Statutory nuisance

5.4.2 Anonymous complaints

5.5 Information evaluation

5.5.1 CLEA and ICRCL guidelines

5.5.2 Risk assessments for other substances

5.5.3 Risk assessment for controlled waters

5.6 Interaction with other regulatory regimes

5.6.1 Planning

5.6.2 Water pollution

5.6.3 Waste Management

5.6.4 Integrated Pollution Prevention and Control (IPPC)

6. GENERAL LIAISON,COMMUNICATION STRATEGIES AND COSTS

6.1 Consultation

6.2 Communicating with owners, occupiers and other interested parties

6.3 Deciding who pays

6.4 Public Register

6.5 Provision of information to interested parties

6.6 Provision of information to the Environment Agency

7. PROGRAMME FOR INSPECTION

7.1 Local Issues

7.2 Arrangements for carrying out detailed inspection

7.3 Arrangements for appointment of Consultants and Contractors

7.4 Risk Communication Strategy

7.5 Frequency of Inspection

7.6 Format of information resulting from inspection

8. REVIEW MECHANISMS

8.1 Assumptions and Information

8.2 Strategy Document

8.3 Audit of Inspection procedures

8.4 Convictions

9. INFORMATION MANAGEMENT

9.1 Internal management arrangements for identification and inspection

9.2 Administration

9.3 Storage systems

9.4 Use by other Local Authority Departments

9.5 Access to Information

9.6 Requests for information

9.6.1 From the register

10. OTHER SUPPORTING INFORMATION

Glossary

References

DoE Industry Profiles

Sources of Data

Consultees

Responses

1. INTRODUCTION 1. INTRODUCTION

1.1 Background

Under provisions contained in Part IIA of the Environmental Protection Act 1990 (the Act),

each local authority has to, “cause its areas to be inspected from time to time for the purpose

of identifying contaminated land”. This requirement has been implemented by virtue of

Section 78B being inserted into the Act under the provisions of Section 57 of the

Environment Act 1995. Furthermore, when contaminated land is identified, local authorities

must ensure that it is managed in an appropriate manner.

The Secretary of State has issued Statutory Guidance through the Contaminated Land

(England) Regulations 2000 (the Regulations) which requires local authorities to take a,

“strategic approach”, to inspecting their areas and to describe and publish this in a written

strategy.

These inspection strategies should set out how each local authority proposes to implement its

inspection duties. It is important that the strategy provides inspection arrangements and

procedures, but also a justification for, and transparency in, a local authority’s decisions on

how they will inspect their areas for contaminated land. The aim of the strategies should be

to ensure that all those affected by, and involved in inspection, have the same clear

understanding of the rationale for inspection, how this will be carried out and over what

timescale.

1.2 General Policy of Wakefield Metropolitan District Council

The Inspection Strategy is presented in the context of :

The Wakefield Community Strategy 2001.

The Community Strategy is a long-term plan aimed at:

Ensuring a better quality life for everyone,

now and for future generations to come.

Its purpose is twofold to:

Co-ordinate the work of all organisations in the District towards the same set of Core

Objectives; and,

bring the work of all organisations closer to what local people feel is most important

to improving their quality of life.

The eleven Community Strategy Core Objectives are:

• Improve health and

social care

• Improve Community

Safety

• Reduce disadvantage

and inequality

• Develop communities

and neighbourhoods

• Improve the area for

business

• Raise business

competitiveness

• Reduce Barriers

• Improve skills and

educational

attainment

• Improve accessibility

• Improve the natural

and built environment

• Increase cultural and

leisure opportunities

Land contamination has significant impacts on both the environment and the economy so it

follows that many of these Core Objectives and related district wide and area-based plans are

key considerations in developing this Inspection Strategy.

Environmental quality can have an important role in the improvement of the quality of life.

Specific environmental policies within the District Unitary Development Plan are directed

towards the protection and enhancement of the natural and built resources of the District, the

prevention of environmental damage, and the improvement of existing environmental

deficiencies.

The Council’s approach to local government consistently emphasises the need to be open and

accountable for its actions. This document therefore was presented as a consultation draft and

made available to all interested sections of the community, businesses, and developers.

Comments received were considered before the Strategy was finalised and submitted to the

Environment Agency for approval.

1.3 Regulatory context

1.3.1 Definition of contaminated land under Part IIA of the Act

Section 78A(2) states that contaminated land for the purpose of the Act is:

“any land which appears to the Local Authority in whose area it is situated to be in

such a condition, by reason of substances in, on or under the land that,

significant harm is being caused or there is a significant possibility of such harm

being caused, or

pollution of controlled waters is being, or is likely to be caused”

However, for a site to be designated as contaminated, not only must there be contaminants

present on the site (a source) but there must be a receptor which will be adversely affected if

a pathway exists which allows the source to impact on the receptor. All three factors must be

present to form a pollutant linkage before the site can be designated as contaminated

“Significant harm” is further defined as:

death, disease, serious injury, genetic mutation, birth defects or impairment of

reproduction in humans;

irreversible adverse change to ecological systems, or incompatibility with

conservation status; and,

property damage, including damage to crops and livestock, structural failure or

interference with rights of occupancy.

It follows therefore that while land may be polluted (contain a contaminant) its presence need

not initiate action by the local authority until it presents a significant risk to human beings,

animals, crops, controlled waters, buildings or any other susceptible receptor via a pathway.

Many members of the public believe that any material that is not naturally present in on or

under the ground should be removed, especially if it is in the vicinity of their home. It will be

critical to explain this can only be done where this is a risk of significant harm, and it is to be

expected that some members of the public will have difficulty accepting this.

1.3.2 Principal objectives of the Regulations

Sites currently falling within the definition of contaminated land have been and will continue

to be a hazard endangering the environment. As a consequence the Government through the

new regulations aims to introduce a system to identify and remove / reduce to an acceptable

level risks to human health and the environment on a site specific basis in a “suitable for use”

approach, thereby:

encouraging land owners in the voluntary remediation of contaminated sites or, where

necessary, enforcing clean up to ensure that they are suitable for their current use;

and,

reclaiming contaminated land back to beneficial use by way of controlled

development through the processes of the Town and Country Planning Act and its

Regulations.

In accomplishing these aims there is a need to ensure that the expense in doing so is,

“ proportionate, manageable and economically sustainable”.

Preventative and remedial powers are available also under:

Integrated Pollution Control and waste management licencing provisions of the Act

(for dealing with contamination that results from an unauthorised operation and/or a

breach of an approved operation).

The Water Resources Act 1991 can regulate to prevent or remedy pollution of

controlled waters; and,

Health and Safety at Work Regulations enforce safe working practices designed to

prevent/reduce accidents in the workplace, which may also result in pollution.

It is the Government’s intention that Part IIA of the Act should be complementary to these

other regulatory regimes. It is therefore appropriate that the remediation of contaminated land

be preferentially enforced by these further means with enforcement under Part IIA only as a

last resort.

The responsibility for enforcing the provisions of Part IIA lies with both local authorities and

the Environment Agency. The primary regulators are local authorities who have

responsibility for the identification of contaminated land, and for the regulation of all such

land which is not also a “Special Site”.

Special Sites are those which meet the definition of contaminated land and fall within one of

the categories contained in the Regulations, including:

certain controlled water pollution occurrences;

sites involved in the manufacture of atomic, chemical and/or biological weapons and

other Ministry of Defence sites;

sites containing waste acid tars; petroleum refineries,

explosives works; nuclear sites; and, certain IPC sites.

1.3.3 Regulation of Part IIA

Part II legislation requires a risk assessed approach to remediation including the “suitable for

use approach”. The apportionment of liability and the responsibility for remediation will

normally be placed upon the person or persons (the appropriate person) who caused or

knowingly permitted the contamination to occur; the “polluter pays” principal. If after

enquiry such a person cannot be traced, or no longer exists, then, the appropriate person is the

one who currently owns or occupies the land. Where an appropriate person cannot be found

the local authority may have to bear the costs of remediation in certain circumstances.

Local authorities therefore are the primary regulators under this part of the Act. Their main

duties and objectives are:

to prepare and publish a strategy for inspecting their area for contaminated land by

July 2001;

to implement their strategy and periodically review it;

identify which sites conform with the definition of contaminated land and submit to

the Environment Agency information summary forms at key stages of the

identification and remediation of contaminated land;

make information freely available to any interested party through the maintenance of

a public register of sites and action taken;

action by way of appropriate remediation to be undertaken through encouraging

voluntary remediation in the first instance and serving remediation notices in default.

The Environment Agency share some of the regulatory duties under the regime and its

roles are:

to act as enforcing authority for designated Special sites;

to advise local authorities on matters relating to the pollution of controlled

waters;

to provide site specific advice to local authorities on other areas of

contaminated land on request; and ,

to publish periodic reports on contaminated land.

1.4 Development of the Strategy

The development of the strategy by Wakefield Metropolitan District Council will follow

closely the guidance provided in the DETR Circular 02/2000 (the Circular) with one major

exception, timescale. The deadline of July 2001 for the publication of the Strategy has been

missed by reason of long term illness of key personnel. The Council was anxious to catch up

with this obligation and in so doing it reduced initial consultation to the absolute minimum

until the Draft Strategy was produced, (communication with other authorities which had

concluded their strategies concurred with this approach as a result of their experiences).

The Circular provides a framework for a strategic approach and offers in more detail

guidance on the contents of the requisite strategy. Flexibility is built into the guidance

inasmuch as the characteristics of any one district may differ markedly from one area to the

next. Vis, a region or area of previous or existing heavy industry will require a strategy

significantly different and have different priorities than for an area which is predominantly

rural. However, as a minimum the strategy must include:

a description of the Council’s area and its characteristics in respect of its geology,

hydrogeology and historical and current land use;

the Council’s aims, objectives and priorities of the strategy;

procedures for the identification of all current and historical sites of potentially

contaminated uses;

a programme for the inspection, investigation and assessment of potentially

contaminated sites, including a risk assessment methodology to prioritise the sites to

ensure that resources are targeted initially at those sites which potentially present the

greatest environmental risk; and,

details of the structure of a database which will be used to manage data collated on the

potentially contaminated sites and procedures for the maintenance of the database.

In both developing and implementing the Strategy the authority will establish a formal

procedure of liaison with:

Environment Agency

English Nature

DEFRA

Food Standards Agency

English Heritage

Adjoining Authorities

Yorkshire Forward

English Partnership

The Strategy will therefore

be rational, ordered, and efficient;

indicate an approach proportionate to the seriousness of any actual or potential risk;

and,

be implemented in a manner to ensure that the most pressing and serious problems are

located first by concentrating resources on areas where contaminated land is most

likely to be identified.

Knowledge of the following characteristics of the District by the Council will ensure it

efficiently identifies requirements for the detailed inspection of particular areas of land to

fulfil the requirements.

2. CHARACTERISTICS OF WAKEFIELD METROPOLITAN

DISTRICT

This section provides a description of the principal characteristics of Wakefield, which have

influenced or are influencing the potential for contamination and which areas are most

environmentally susceptible to impact.

2.1 Geographical location and aspects

Wakefield, the administrative County Town of the former West Riding and West Yorkshire

Metropolitan Counties is located at the heart of Yorkshire. Four Metropolitan Districts form

boundaries to the north, west, south and southeast (two in West Yorkshire, Leeds and

Kirklees and two in South Yorkshire, Barnsley and Doncaster) respectively with Selby

District in North Yorkshire closing the circle.

The District covers some 350 square kilometres with a population of 317,500. Interspersed

amongst green belt are around 40 different towns and villages. The main population centres

are Wakefield City, Ossett and Horbury in the northwest, the five towns of Normanton,

Castleford, Pontefract, Featherstone and Knottingley in the northeast and Hemsworth, South

Elmsall, South Kirkby and Upton in the southeast.

Topographically, elevation is greater in the west towards the foothills of the Pennines. To the

east also the vista is marked by the Magnesian Limestone escarpment. Intervening land is a

series of low hills and shallow valleys due largely to the erosion of the carboniferous geology

of the area which alternates between harder sandstones and softer mudstones interspersed

with numerous coal seams.

2.2 Industrial activities past and present

The City of Wakefield in particular is well known as an administrative and industrial centre.

The main business activities were agriculture, textiles, engineering and mining. Textile mills

and factories tended to be concentrated in Wakefield itself and its suburbs to the west. The

remainder of the district was and essentially still is rural peppered with distinct mining

villages and small to medium sized towns. These are coal mining centres but individually

they have had or have their own industrial identities: Normanton was a major rail junction

and marshalling yard, Castleford had thriving pottery and glass making industries and

currently produces chemicals and confectionery. Pontefract is particularly famous for its

liquorice confectionery, and, Knottingley produces glass and chemicals.

Wakefield District is at the centre of the most important crossroads in the country. The M1

and A1, two of the major north south highways, intersect the only major highway across the

country the M62. An extensive rail infrastructure similarly criss crosses the district; a legacy

of moving goods produced by its mining and heavy industry. Similarly, the Aire and Calder

Navigation, the Calder and Hebble Canal and the remnants of the Barnsley Canal are further

proof of an industrial heritage.

There has been a dramatic restructuring of the local economy over the last 20 years with the

decline of coal mining and other traditional industries. Associated with this decline has been

significant environmental degradation, dereliction and in part potential for suspected

contamination. Approximately 700 hectares of the District are derelict, however many more

hectares have been or are currently being transformed by reclamation schemes.

The economy has successfully diversified, however, with distribution and service industries

being major employment sectors. Normanton’s key location in the north of England is further

reinforced by the Wakefield Europort development which is potentially the largest and most

strategic distribution and manufacturing location in the region, providing a direct rail link for

freight to mainland Europe via the Channel Tunnel.

2.3 Geology

The geology of the area with its changes of lithology (rock type) and structure (faulting) has

had a strong influence on many of the characteristics of the district; primarily topography,

drainage and availability of mineral resources. These in turn have been instrumental in the

development of communication routes, settlements, and industry.

A ‘snap shot’ of the geology of the district is almost wholly portrayed on the 1: 50,000

Geological Map, Sheet 78 produced by the then Geological Survey of Great Britain (England

and Wales) with its descriptive memoir, “Geology of the country around Wakefield”,

published in 1940.

The map shows the solid geology over much of the district to be the exposed coalfield of the

Middle and Upper Coal Measures of the Upper Carboniferous Period. These deposits of

alternating bands of sandstones, siltstones, mudstones, shales and coal seams dip eastwards to

become the concealed coalfield beneath the later Permian Period deposits in the east. Here

the Basal Permian Sand sits unconformably on the Coal Measures and begins the sequence of

Magnesian Limestones interspersed with Marls.

Overlying Drift deposits are present as alluvium along river valleys and their tributaries.

These and deposits of sand and gravel and terrace deposits are relatively extensive in the

major river valleys of the Aire and Calder. Localised Head deposits remain in a number of

the eastern watercourses especially the Went valley and its tributaries.

A number of studies funded by the Department of the Environment were carried out by the

now British Geological Survey in the 1980’s. This resulted in 1: 10,000 maps and associated

geological notes with local details being published for O.S. sheets SE 32 NE/SE and SE 42

NW/SW in the north east of the District. These provide up to date maps and account of the

solid and superficial geology and follow those geological themes that have particular

implications for land use planning. Aspects of the themes, which are essentially of a ground

stability nature, also bear similarities with contamination issues. Subsidence from former coal

mine workings can allow the concentration of release of methane gas and made ground can

release similar gases and chemicals as leachate particularly from backfilled quarries.

2.4 Hydrogeology

This branch of geology influences whether or not contaminants in general are likely to remain

close to the source or migrate where a pathway is present. Certain geological formations

provide conditions suitable to store and recharge ground water and are defined as aquifers.

The Environment Agency has a duty under the Water Resources Act 1991 to monitor and

protect the quality of groundwater (Section 84) and to conserve its use for water resources

(Section 19). It has established its “Policy and Practice for the Protection of Groundwater” to

achieve this. Included in the Policy is the principle of Groundwater Vulnerability and Source

Protection Zones. Mapping of vulnerability exists at two scales 1:1,000,000 and 1:100,000.

The latter Sheets Nos. 11 “South Pennines” and 12 “Vale of York” cover the District. On the

broad front the District essentially falls into two categories: Minor Aquifer and Major

Aquifer of high vulnerability through high leaching potential of the over lying soils.

By virtue of their permeable recharge properties aquifers are vulnerable to pollution

particularly at or close to their outcrop and where their strata and those overlying are fissured.

Natural fissuring can be aggravated by subsidence generated by coal mine working. Aquifers

are almost exclusively receptors of contamination, albeit, some local aquifers can and do

occur as sources of contamination where iron rich mine water issues via springs into

watercourses.

The thick horizons of Coal Measures sandstones, present beneath most of the District are

classed as minor aquifers. In the past these have been extensively dewatered to permit coal

mining. These aquifers are recharging and many could provide good yields for industrial

purposes. Other local minor aquifers exist throughout the District which have provided

industry and householders with water from shallow boreholes or wells over generations.

The Magnesian Limestone is classified by the Environment Agency as a major aquifer (i.e.

porous strata in which ground water is naturally stored). This water is an important resource

abstracted for domestic, agricultural and industrial uses. Within neighbouring Selby District

an important proportion of abstractions are for potable water supply.

2.5 Hydrology

Wakefield lies within the three major catchments of the Rivers Aire, Calder and the

combined Don, Dearne and Rother. These rivers and their most important tributaries are

designated as main rivers.

Within the District the main rivers are:

River Aire

Wash Dike / Friar Wood Beck

Lee Moor Beck / Lingwell Gate Beck

River Calder

Choke Churl / Gilcar Beck / Wain Dike / Sewerbridge Beck

Ings Beck / River Chald / Westgate Beck / Alverthorpe Beck

Balne Beck

River Dearne

The Beck / Hague Hall Beck

River Went / Went Beck

These total approximately 80km

The district is drained into these via a multitude of smaller watercourses, totalling in excess

of 250km, which are divided into 31 catchments of varying sizes. Many of which are at or

near maximum capacity in annual storm conditions and there are more than 40 locations in

the district that flood on a regular basis.

THE WAKEFIELD CATCHMENTS

River Aire Major Catchment: -

A1: Unnamed – Knottingley

A2: Wash Dyke

A3: Fryston Beck

A4: Unnamed – Castleford

A5: Lee Moor Beck

River Calder Major Catchment: -

C1: Unnamed – Whitwood Mere

C2: Choke Curl

C3: Unnamed – Birkwood

C4: Unnamed – Bottom Boat & Stanley

C5: Unnamed – Newlands & Kirkthorpe

C6: Unnamed – Eastmoor

C7: Oakenshaw Beck

C8: Ings Beck

C9: Owler Beck

C10: Lupset Beck

C11: Blacker Beck

C12: Unnamed – Horbury

C13: Smithy Brook

C14: Pildacre Mill Beck

Rivers Don, Dearne & Rother Major Catchment: -

DEARNE Catchment

D1: Cudworth Dyke

D2: River Dearne – Woolley

LOWER DON Catchment

- EA Beck Sub-catchment

E1: The Skell

E2: The Beck

- River WENT Sub-Catchment

W1: Beck Drain

W2: River Went

W3: Little Went

W4: Barr’s Drain

W5: Went Beck

W6: Hoyle Mill Stream

W7: Hessle Beck

W8: Hardwick Beck

2.6 Minerals and Waste Management

The District’s inhabitants have historically exploited the natural resources of the area,

particularly the rich deposits of coal. Widespread mining of coal has left its mark on the

landscape in the form of extensive colliery spoil tips, reclaimed opencast sites and numerous

shafts. The District’s last, and, the then country’s oldest operational mine, the Prince of

Wales Colliery in Pontefract recently closed and only sporadic opencast operations continue.

Kellingley Colliery situated in North Yorkshire, east of Knottingley, has permitted reserves

beneath the District.

Where coal was worked at depth it is reasonable to assume most of the subsidence occurred a

short time after roof supports were withdrawn. Conversely this is not necessarily true of

shallow mining which was common in parts of the district, especially as crop workings of

numerous named and unnamed coal seams and the Basal Permian Sand deposit in the

Castleford and Pontefract areas. Subsidence not only gives rise to property damage

(catastrophic collapse in its worst form) and drainage problems, it will have created potential

pathways for pollutants.

The decline of deep mine coal extraction in recent years has led to the reduction in the

widespread activity of pumping groundwater from the mines, needed to keep them

operational. As a consequence water table levels are rising. In so doing they are inundating

old workings at progressively higher levels and displacing gases associated with coal

measures strata mainly methane and blackdamp. Such gases are likely to issue at the surface

in increasing volumes and localities as concentrated emissions possibly in such dangerous

areas as foundations of buildings and other confined spaces as explosive and or poisonous

mixtures.

The iron pyrites within the residual coalfaces and pillars in open and collapsed workings has

been oxidised and, as a result, the iron is readily taken up into solution. Ground water levels

are rising to such an extent that springs which only issued occasionally are doing so

constantly and in certain instances springs which issued clear are now clouded with ochreous

waters entering local water courses.

Other minerals that have been exploited within the district are sandstones, sands and gravels,

brick clays, ironstones, and fireclays. Many of the excavations from which these materials

have been quarried as well as disused railway cuttings and other depressions have been

backfilled with domestic, industrial and commercial wastes and colliery spoil. The varied

chemical content of these wastes can be hazardous where they remain or become

uncontained.

This will be an important issue throughout the Council’s investigations.

Site Matrix, Wakefield Nature Areas 20 15 12 10 8 15 10 8 6 4 5 4 3 2 1

WAKEFIELD BIODIVERSITY WNA’s SPECIES

HABITA

T SIZE in Hec ACCESS Score Ranking

SITE Excellent Good Medium Fair Poor Exellent Good Medium Fair Poor Over100 Over50 Over10 Over1 Under1 Excellent Good Medium Fair Poor

1Roundwood

2Bullcliffe Colliery 10 6 2 18

3Calder Drift Colliery 8 4 1 13

4Bretton Country Park(LNR) 12 10 5 27

5Lofthouse Colliery 12 8 4 24

6Stanley Marsh(SSI,LNR) 15 15 4 34

7Lindale Hill Quarry 8 6 1 15

8Alverthorpe/Wrenthorpe Meadows 12 10 4 26

9Lupset Golf Course Ponds 15 8 1 24

10Soap Tips 12 8 3 23

11Horbury Lagoons 12 8 4 24

12Pugneys Reserve Lake(SSI,LNR) 15 10 4 29

13Kettlethorpe Woodland 0

14Kettlethorpe Shaft 12 10 2 24

15Newmillerdam Car Park 12 8 4 24

16Painthorpe Plantation 12 8 1 21

17Seckar Woods(SSSI,LNR) 20 15 3 38

18Newmillerdam Country Park(SSI/ LNR) 15 10 5 30

19Chevet Branch Line(LNR) 15 10 4 29

20Notton Woods(LNR) 12 10 3 25

21Normanton Railway Sidings 15 10 3 28

22Stanley Ferry Flash(SSI) 15 15 3 33

23SRC 1,2,3 12 6 1 19

24Parkhill 10 8 2 20

25Southern Washlands(SSI, LNR) 15 10 3 28

26Goosehill Common 12 10 2 24

27Ashfields/Half Moon(SSI) 15 3 18

28Warmfield Common 12 10 3 25

29Heath Common 12 8 4 24

30Sharlston Common (two sites) 12 10 4 26

31Walton Colliery Nature Park 20 15 5 40

32Walton Hall 15 10 2 27

33Anglers Country Park(SSI,LNR) 15 8 5 28

34Haw Park Wood(SSI,LNR) 20 10 4 34

35Barnsley Canal(SSI) 15 10 3 28

36Botany Reservoir 12 10 3 25

37Wintersett Reservoir 15 10 3 28

38Haw Park Wood (South of Canal) 15 10 3 28

39Cold Hiendley Reservoir 15 10 3 28

40New Monckton(SSI) 12 8 1 21

41Ellis Laithe 15 10 2 27

42Wheldale Phase I & II 10 6 3 19

43Healdfield Quarry, Castleford 10 8 4 22

44Stansfield Rd. Castleford 12 8 4 24

45Smawthorne Marsh, Castleford 15 10 4 29

46Pontefract Park (north end) 12 8 4 24

47Featherstone Railway 0

48Hemsworth & Kinsley Drift 10 8 3 21

49South Hiendley Common 0

50South Kirkby Colliery yard 12 8 3 23

51Fryston Phase I & II 12 8 3 23

52Well Wood, Castleford(SSI) 15 8 4 27

53Orchard Head, Pontefract 10 8 4 22

54Leys Lane, Knottingley 12 8 4 24

55Cobblers Lane, Pontefract 10 8 3 21

56Harewood Park, Pontefract 0

57Bullcarr Mires/Pothills Marsh(SSI) 15 10 3 28

58Bullcarr Plantation, Upton 12 6 3 21

59Upton Colliery & Railway Cutting 12 8 3 23

60Johnny Brown's Common 15 10 3 28

61 Mutton Flatts 12 8 3 23

62 Frickley Colliery, SouthElmsal 10 8 3 21

63 Hull to Barnsley Disused Railway. 15 10 4 29

64 Pits Wood 15 10 3 28

65 Roughbottom Plantation & Haw Park Beck 15 10 2 27

66 Haw Park Lane 15 10 3 28

67 Wintersett Farm Pond 10 6 1 17

68 Haw Park Pond 20 10 4 34

69 Disused Railway 0

70 Barnsley Canal Royston 15 10 3 28

71 Barnsley Canal Cold Hiendley 15 10 3 28

72 Barnsley Canal Clayroyd Bridge /Haw Park 20 15 3 38

73 Barnsley Canal Haw Park Bridge /Walton 15 10 3 28

74 Barnsley Canal Walton Bridge /Shay Lane 15 10 3 28

75 Fryston Wood 20 10 3 33

76 Rabbit Ings 8 4 1 13

77 Whitwood Gas Holder 0

78 Kinsley Drift Mine 12 12

79 Went Hill Grassland 12 8 3 23

80 Manface Quarry 12 8 2 22

81 South Kirkby Camp 12 6 4 22

82 Upton Beacon Covert 12 8 1 21

83 Coal Pit Plantation 12 8 1 21

84 Frickley Branch Line 12 8 3 23

85 Hell Lane Railway Cutting 12 8 1 21

86 0

87 Stocksmoor Comon 15 10 2 27

88 Railway Banking, Sharlston Common 15 10 3 28

89 0

90 0

91 0

92 0

93 0

94 0

95 0

96 0

97 0

98 0

99 0

100 0

2.7 Protected Areas

Various receptors have been recognised as being potentially sensitive. They are:

Human beings

Ecological systems or living organisms

forming part of a system within certain

protected locations, including:

Sites of Special Scientific

Interest (SSSIs)

National Nature Reserves

Marine Nature Reserves

Special Areas of Conservation (SACs)

Special Protection Areas (SPAs)

Candidate SACs

RAMSAR Sites

Areas of Special Protection for Birds

Property in the form of buildings,

including:

Ancient Monuments

Property in other forms

Crops

Livestock

Home grown produce

Owned or domesticated

animals

Wild animals subject to

shooting or fishing rights

Controlled Waters

Surface waters (e.g. rivers,

lakes, streams)

Drinking water abstractions

Source Protection Zones

Groundwater – private

abstractions

Groundwater – major aquifers

The need to protect sites of ecological and wildlife value as well as the need to continue to

protect and conserve the built heritage has been recognised by the designations given to areas

and features of importance.

Natural assets within the District in this category are currently 5 Sites of Specific Scientific

Interest, 24 Sites of Scientific Interest and 10 Local Nature Reserves. The Council has

prepared a Green Plan for the District which details its strategy for wildlife conservation. The

details of its policies for habitat enhancement, protection and management are given in the

Green Plan together with schedules of sites.

The built assets of the District will be identified in the District Heritage Strategy under

preparation. This, with provision of policies for the protection of the best elements of the

built environment will schedule in detail the 24 Ancient Monuments, 949 Listed Buildings,

1,129 Local Interest Buildings and 27 Conservation Areas.

Details of abstraction licences and water bodies of significance within the District are

available from the Environment Agency.

2.8 Known information on contamination

The District has a long history of widespread industrial development and accordingly it must

be inevitable that instances of pollution leading to contamination of sites will have occurred.

2.8.1 Industry Profiles

The former Department of the Environment produced numerous “Industry Profiles” which

relate to a specific industry profiled and its potential for pollution. The full list of profiles is

reproduced in Chapter 10. A brief extract from the list of some of the industries that have

and still exist in the District would include as a minimum:

Animal and animal products processing

Explosives, propellants and pyrotechnics manufacturing works

Soap and detergent manufacturing works

Railway engineering works

Mechanical engineering works

Gas works, coke works and other coal carbonisation works

Power stations

Railway land

Road vehicle fuelling, service and repair: garages and filling stations

Sewage works and sewage farms

Textile works and dye works

Waste recycling treatment and disposal sites; and,

Miscellaneous industries:

Glass manufacture

Dry cleaners

Printing and bookbinding works

Photographic processing

2.8.2 Specific examples

It is not surprising therefore that there are examples of local areas of ground contamination

including instances where remediation has been necessary following fatal injury, for the

existing use to continue, or the redevelopment of the site. Examples of each have been:

The death of a banksman working with a JCB excavator. The fatality occurred during the

excavation of land in the process of extending a Council Depot in Normanton when the

machine’s bucket hit a pocket of buried detonators remaining on site from a previous use.

Bomb Disposal cleared the site.

The exposure of asbestos fibres to the atmosphere in Coney Warren Lane, Lee Moor,

Wakefield (formerly in Leeds District prior to recent boundary changes), when a trench was

being excavated across a field for the laying of a water main. The field was the site of a

restored landfill site. The site underwent remedial work in the form of increasing the

thickness of the cap to the landfill.

Reinvestment to allow railway carriage works to continue in being on a site at Horbury

Junction, Wakefield, required the excavation to landfill of tar contaminated soils adjacent to

and beneath a workshop under refurbishment.

A supermarket development in Dewsbury Road, Wakefield was undertaken following

extensive investigation of a known landfill site. A methane venting system both for the whole

curtilege of the site and specially designed foundations of the building were installed.

The relocation of contamination from a former coke works into a designed cell elsewhere on

the extensive site of the Glasshoughton Colliery Reclamation, Castleford allowed

developments in the forms of retail, business and industry, sports and leisure facilities and

housing to take place.

2.8.3 Other Sites

The Environment Agency has compiled a list of closed landfill sites within the District which

lie within the Magnesian Limestone outcrop. The Agency believe that these sites could be

designated as contaminated land and as possible Special Sites for the purpose of the

Regulations where controlled waters are being or likely of being affected by the land by

reason of substances contained therein and the formation of the local strata.

In conclusion, the landfills are unlined, have taken a variety of wastes and therefore it is quite

likely that they are leaching some specified contaminants into the groundwater.

1 Darrington Quarries (South) Operated by WYMCC

2 Jacksons Quarry, Womersley Road Operated by Gregg and Co. (Knottingley Ltd.),

Hope Glass Works, Knottingley

3 England Lane, Knottingley Operated by Croda Hydrocarbons Ltd.,

Common Lane, Knottingley

4 England Lane, Knottingley Operated by Croda Hydrocarbons Ltd.,

Weeland Road, Knottingley

5 Dowland Crescent, Knottingley Operated by J. Adamson, 43 Spinner’s Avenue

6 Stubbs Quarry Operated by the National Coal Board

7 Restored site, England Lane,

Knottingley Operated by District/County Councils

8 Restored site, England Lane,

Knottingley Operated by Local Authority and NCB?

9 Restored site, England Lane,

Knottingley Operated by District/County Councils

10 England Lane Operated by Croda

3. THE LOCAL AUTHORITY STRATEGY: OVERALL AIMS

The overall aims will be in line with achieving the relevant Core Objectives within the

Council’s Community Strategy listed in the opening paragraphs above.

3.1 Aims of the Contaminated Land Strategy

Wakefield District Council had no specific policy for dealing per se with areas of potentially

contaminated land. In fulfilling the Council’s responsibilities with respect to implementing

new environmental legislation The Strategy has been prepared with the main aims of:

protecting the health of the inhabitants of the District;

protecting the quality of the controlled waters within the District and beyond;

encouraging where appropriate the regeneration and redevelopment of brownfield and

contaminated sites; and,

bringing to the fore an understanding of contamination amongst landowners and

potential polluters and to encourage a willingness to undertake voluntary remediation.

While statutory nuisance provisions and powers exist to address pollution, Part IIA of the Act

now gives the Council powers to address issues and problems associated with sites of

contaminated land as they currently exist. It assumes therefore that the Council no longer

needs to wait to act until such sites are the subject of proposed development .

To date most of the contaminated sites identified will have been remediated through the

development control process of the Town and Country Planning Act, as a result of enquiries

into previous use(s) being made during the consultation process of planning application

determinations. Paragraph 3.7.15 of the Unitary Development Plan covers this aspect and

supports Policy E48 which reads:

E48 DEVELOPMENT ON OR ADJACENT TO LAND WHERE

EVIDENCE EXISTS TO INDICATE THE PRESENCE OF ADVERSE

GROUND CONDITIONS WILL ONLY BE PERMITTED WHERE

THE COUNCIL IS SATISFIED THAT THE ADVERSE GROUND

CONDITIONS CAN BE ADEQUATELY AND SAFELY TREATED.

One of the aims above is to encourage this process and engender a spirit of willingness in the

process. However, where there is a failure in this voluntary process, and the other aims of

protection are under threat, enforcement provisions will need to be invoked.

3.2 Objectives

No specific records of contamination exist within the District to aid this process. As a result

the first objective of the inspection process is the production of a list of potentially

contaminated sites leading ultimately through investigation to the production of a

contaminated land register. The Strategy also needs to determine what form the register will

take and how and by whom it will be administered.

In identifying those sites where land contamination is presenting unacceptable environmental

risk the investigation must be rational, ordered and efficient. It follows therefore that:

recorded entries must be proportionate to the seriousness of any actual or potential

risk within the meaning of the Act; and,

that resources are concentrated efficiently and effectively, particularly prioritising and

nvestigating areas where contamination is most likely to be found and/or do most

harm.

The list of potentially contaminated sites will result from knowledge attained from

Environment Agency reports of pollution occurrences, inspection of historic Ordnance

Survey maps, rating records, trade directories, Derelict Land Survey information and

knowledge of past and existing mineral and landfill sites based upon previous uses.

3.3 Milestones

The inspection strategy production has been in stages:

production of a draft consultation strategy

consultation period

modification of the draft strategy

formal adoption and publish the Strategy

submission of adopted Strategy to the Environment Agency

A phased approach of subsequently meeting the aims and objectives will follow by a process

of:

site identification

site assessment prioritisation (focusing on the more problematic areas of the District)

site inspection

site investigation

site remediation, where appropriate

The Strategy will undergo periodic review.

3.4 Sites for which Wakefield Council may have responsibility

The Council has a portfolio of publicly owned land in its stewardship. This land for the most

part is linked with potentially sensitive uses, for example used as schools, allotments,

recreational grounds and public open spaces. Conversely, the Council has also leased,

inherited or acquired known problem sites linked with past waste management or industrial

activities.

The Council on occasion acquires such land consciously believing such areas of land may

pose a threat of significant harm or pollution with a view to undertaking their remediation

and reclamation. This is not always the case and in addition the Council may have been the

party responsible for a historical activity which has caused potential contamination, but no

longer be the landowner.

In the interest of public confidence the Council will separate its duties as a regulator from the

responsibilities which arise as a landowner and potential polluter. In so doing the Council

will include within the programme of inspection provisions for ascertaining the condition of

its own land or land where it has been a lessee and integrate such sites within the district wide

inspection process.

Details of the above phases are presented in the sections that follow.

4. LOCAL AUTHORITY PRIORITY ACTIONS AND

TIMESCALES

The Council is anxious to catch up with its obligation to commence the investigation

process.

4.1 Priorities

Currently there is no knowledge of sites requiring urgent attention. However, where adverse

impacts to the basic aims are identified, the Council may implement provisions to achieve

satisfactory remediation in advance of completion of any stage of the strategy production or

investigation process. This occurrence may include declaring some “Special Sites” and

passing the lead regulatory role to the Environment Agency.

Conditions of immediacy aside the Councils priorities in dealing with contaminated land will

be:

to protect human health

to protect controlled waters

to protect designated eco-systems

to prevent damage to property

to prevent any further contamination of land

to encourage voluntary remediation

to encourage re-use of brownfield land

basically in that order subject to having regard to significance and likelihood, as required by

the Regulations.

The above receptors will be priority loaded into a risk assessment model, along with

knowledge of the effectiveness of a pathway from potentially contaminated sites which in

turn will have been initially categorised in relation to their suspected ranked source(s). The

intention of the model is to convert the initial list of identified sites into the worst risk sites to

be dealt with first and foremost. Thereafter consideration will be given sequentially down to

those thought by the process to be the least in potential for harm of any kind occurring.

4.2 Timescales

The above priorities essentially dictate timescales for implementing the Strategy and the

following section indicates the procedures of inspection to be adopted. Neighbouring

authorities have reported that their initial estimates of the number of sites where potential for

finding contaminants number in the thousands. Broad-brush scans of historical maps of the

District would indicate this authority is no exception.

It is therefore anticipated that a number of years will be involved in the process of

identification of sites to conclude the process of inspection with as complete a list of

potentially contaminated land sites as possible before commencing prioritisation and

generally carrying out more detailed inspections. An accurate estimate of the date for

reaching this stage is difficult to predict but a target date of mid 2004 is thought to be

realistic. Thereafter, entries to the register could begin to appear, following the outcome of

progressively more detailed site specific investigations.

While a comprehensive record will be some time in the making, the process of remediation

was actively being achieved on a number of sites as this strategy was being prepared. It is

expected that this favourable state of affairs will continue throughout the data capture period

of the inspection by virtue of the Council’s reclamation programme, voluntary remediations

by land owners and development of “brownfield” sites.

5. PROCEDURES

5.1 Information collection

The Part IIA definition of contaminated land is based upon the presence of a pollution

linkage, i.e. a contaminant – pathway - receptor relationship. Sites strictly defined as

contaminated will not exist unless and until a receptor is suffering significant harm or there is

a significant possibility of such harm being caused.

This strategy recognises that sites have historically become contaminated and long-term

pathways have existed allowing progressive migration from the source. The strategy also

acknowledges that pollution still occurs despite the establishment of legislation. This can be

as a result of wilful refusal to adhere to regulations, culpable neglect of procedures or pure

accidents; thus contaminants are still being released. Hopefully the rate of production of new

sites will be much reduced by comparison with times past. In any event other legislation

exists to deal with most if not all of the modern day occurrences.

Information in the form of contamination records does not as yet reside in any one site

identification document. There are however numerous sources of information which will be

used for the purpose of identifying potentially contaminated sites. A study has been

undertaken to assess the sources of information referred to earlier along with means of how

the gathered information can be stored and interpreted. This will be achieved spatially upon a

Geographic Information System GIS and qualitatively upon a data base system. These will be

coupled together through computer software for recording, reference, interrogation and

reporting purposes. The types of information sources whether they relate to the potential of

contaminants being present and the existence of pathways to susceptible receptors are listed

in chapter 10.

5.2 Prioritisation

Priority areas will be initially identified, based upon the four categories of receptors listed

earlier. A series of GIS maps with relevant databases will be established for these. Similarly,

those historical and current site uses identified from the industries listed in the Department of

the Environment profiles with the potential for having created pollution will be plotted.

The outcome of this procedure will be a first stage identification of sources and receptors

recorded upon a dedicated GIS with a database available for the collation of information from

each location. As a result of the size of the receptor areas it follows that numerous interface

strikes of identified potential sources will occur after a preliminary screening of the

databases.

To fine-tune this process, sites will need to be ranked according to potential risk to determine

their priority for closer inspection. This will be achieved by the classification of receptors as

previously identified by giving each category a score weighting; the highest (5) being risk to

humans and the least (1) being areas within the district with no specifically identified

receptors. Likewise the types of source sites have been weighted with a score between (1)

low to (5) high based upon their potential to cause contamination – vis their environmental

behaviour: persistence, mobility, toxicity, and local knowledge etc..

This risk assessment model driven by specialised software to be acquired will provide a

means of establishing site prioritisation where receptor / source overlap exists.

The assessment of the potential of a pathway and thus establishment of whether or not a

pollution linkage exists leading to contamination is considered more subjective than the paper

exercise of identification of receptor and source. Thus the ranked sites will be further

investigated in numerical order from high value to low to determine if the all-important

linkage also exists.

5.3 Detailed Investigation of Identified Sites

This determination requires a more detailed collation and assessment of data. This will take

the form of a search for information from other bodies / documents and a visit to the

particular site for visual inspection and limited sampling of surface deposits to assess the

validity of desk study data. The result will determine if indeed the suspicion of a source

remains, and if so, how confined or otherwise is it.

At this point therefore, it may be apparent that the land could not be determined as

contaminated land, and the site would not require any further in depth investigation albeit it

may need to be monitored in a review procedure. Conversely if a source is verified to any

degree the question of pollution linkage will be considered at this stage and any potential

pathway now identified given a ranking also to establish what priority the site would attain at

the stage of undertaking detailed intrusive site investigations.

Details follow of how the above steps will be achieved to prove if sufficient evidence is

available to decide whether a site can, or cannot, be determined as contaminated land.

5.3.1 Desk Study

An element of this work will already have been undertaken during the prioritising exercise.

However, further knowledge may be required to fill gaps to determine if the site can be

cleared or whether any additional steps are necessary if it is believed that a possible pollution

linkage still exists.

In the case of the latter, a site visit will be required to obtain more evidence regarding the

presence of actual sources, pathways and receptors.

5.3.2 Inspecting Particular Areas of land

An inspection of a site, to whatever degree, needs to comply with the procedures set out in

Paragraphs B.19-25 of the statutory guidance. In most circumstances it will probably be

necessary to be accompanied by the site owner, occupier or agent of those individuals from

the outset. Such persons will be contacted prior to this to discuss the Council’s concerns and

to negotiate access on to the site. This process of open discussions should help aid the process

of identification and voluntary remediation of contaminated land.

5.3.3 Site Visit

The cursory inspection by means of a site visit may allow the verification or otherwise of the

desk study information, a standard checklist is being developed for this purpose. Where there

is a heightened suspicion that contaminants and receptors are present, limited manual

sampling of near surface soils, vegetation and surface waters may be undertaken during the

site visit for subsequent laboratory analysis. Consideration of the situation both within and

beyond the site’s boundaries is appropriate in this instance and a site plan annotated with

records of sampling and photographic evidence will be produced. This degree of detail may

assist in the planning of any intrusive site investigation that may be required following receipt

of the laboratory testing.

5.3.4 Intrusive Site Investigation

In the event of continuing evidence of the types of contaminants that give rise to concern

being present on site, and, it is strongly suspected that there is a significant pollution linkage

existing on site, then an intrusive investigation will be required to assess the significance.

Intrusive investigation may require the involvement of specialist contractors. Their services

may include:

Laboratory analysis of soils and water;

Site investigations (Trial pitting and drilling);

Specialised risk assessments; and,

Remediation proposals.

In all instances and degrees of site specific inspection and investigation the Council would

seek in the first instance to persuade appropriate person(s) undertake the work at their

expense. Where works of this nature fall to the Council to undertake such Contracts would be

expected to be carried out in accordance with Council Policies and Standing Orders and in

particular complying with current guidance / codes of practice from a health and safety point

of view.

5.3.5 Powers of Entry

If access cannot be negotiated, the Council has been granted powers of entry under Section

108(6) of the Environment Act. Safeguards exist and notice is normally necessary before so

using.

5.3.6 Considering local authority interests in land

Council land will not be given priority for inspection above other land – all sites will be

treated on the same basis whereby they will be prioritised for inspection solely upon their

risk.

Any matters that need to be addressed on Council owned or leased land would be brought to

the attention of the land owning or land managing department within the Council for action.

5.4 Information and complaints

Statutory bodies, as a result of undertaking their day to day functions, may furnish the

Council with information about land contamination issues at a particular location. Similarly,

the general public, businesses and other establishments may become aware of potential land

contamination issues which give them cause for concern. Such information may be directed

at the Council as an anecdotal observation, enquiry or complaint; some of which may be

anonymous.

5.4.1 Statutory nuisance

The introduction of the Commencement Order No.16 to the Environment Act 1995 also made

amendments to the definition of statutory nuisance so as to exclude any matter which consists

of, or is caused by, land in a contaminated state. However, observations / complaints

regarding fly tipping and accumulations of refuse should continue to be directed to the

Cleansing Department and will be dealt with in accordance with existing provisions. Where

information of this kind is subsequently found to be of a more serious nature or relates to

contamination per se, these situations will be made known to the Regeneration Department

and investigation will be undertaken in accordance with the Council’s Enforcement Policy.

5.4.2 Anonymous complaints

All information, from whatever source, will be recorded and investigated to assess its

validity, but no designation of contaminated land will occur without robust scientific

evidence. Anonymous complaints may receive a degree of lesser priority investigation at the

discretion of the Contaminated Land Officer.

In any event the bringing of complaints to a swift conclusion may be thwarted by the

legislative framework itself, wherein:

i. Detailed investigation to prove a viable pollutant linkage will invariably be

required before any formal designation as contaminated land can be made;

ii. Prior consultation with interested parties is necessary before designation;

iii. A minimum of a three month period between designation and serving of a

remediation notice is the norm; and,

iv. The requirement for the enforcing authority to make every effort to identify

the original polluter of the land (or “Class A” person).

However, the Regulations do allow conditions ii. and iii. to be waived in extreme cases, but

not conditions i. or iv..

Furthermore, where the level of concern is considered to be high, the opinions of the

Environment Agency or other relevant agencies will be sought.

5.5 Information evaluation

All information on substances in, on or under the ground that may cause significant harm or

pollution will be evaluated against current governmental guidelines.

5.5.1 CLEA and ICRCL guidelines

A new set of guidelines – the Contaminated Land Exposure Assessment or CLEA guidelines

– have been received from the DETR. Before these guidelines were available information

would be evaluated against the guidelines issued by the Interdepartmental Committee on

Redevelopment of Contaminated Land (ICRCL). ICRCL 59/83 (2nd

Edition, July 1987) –

“Guidance on the assessment and redevelopment of contaminated land” – gave the most

widely used set of trigger and action levels for a range of contaminants and was a key

reference document, even with the introduction of CLEA. However, DEFRA now consider

CLEA to supersede ICRCL and have circulated a note to this effect.

5.5.2 Risk assessments for other substances

Risk assessments may also be required for substances not covered by ICRCL or CLEA

guidelines. In these cases, reference may be made to occupational exposure levels issued by

the Health and Safety Executive or other authoritative sources of information, such as

guidelines adopted in other countries. If guidelines from other countries are referred to, it will

be important to bear in mind the significant difference in remediation standards between the

UK and these other countries.

5.5.3 Risk assessment for controlled waters

Advice will be sought from the Environment agency on risk assessment if controlled waters

are the receptor in a particular pollutant linkage. It is anticipated that risk assessments and

remediation will be carried out in accordance with Environment Agency guidance as laid

down in “Methodology for the Derivation of Remedial Targets for Soil and Groundwater to

Protect Water Resources” (EA R&D Publication 20 1999).

5.6 Interaction with other regulatory regimes

There are other regulatory actions that can be taken to deal with contamination on land.

Overlaps with planning, water pollution and IPPC legislation are considered the most

important and are addressed here. Any issues of land contamination that may previously have

been dealt with under the statutory nuisance regime will now be dealt with through Part IIA

processes.

5.6.1 Planning

The vast majority of contaminated land issues are currently addressed through the planning

regime, where contamination is a material consideration. While the introduction of Part IIA

will undoubtedly lead to the problems of additional sites being addressed, it is anticipated that

the redevelopment of brownfield sites, and the associated planning controls, will remain the

primary mechanism for dealing with contaminated land. Any remediation agreed as a

planning condition will be dealt with under planning controls and not under Part IIA.

The Authority’s Environmental Health Department currently works closely with

Development Control and Building Control on all issues relating to pollution and the current

arrangements for interdepartmental consultation are believed to be sufficiently robust to

encompass contaminated land issues.

5.6.2 Water pollution

The Water Resources Act 1991 gives the Environment Agency powers to deal with harm to

controlled waters being caused by contaminated land. While Part IIA legislation does not

revoke these powers, the DETR have indicated that such problems should now be dealt with

under the new contaminated land regime. The following steps will be taken:

The Council will consult with the Environment Agency before designating any

contaminated land as a result of risk to controlled waters and will take into account

any comments made with respect to remediation.

If the Agency identifies a risk to controlled waters from contaminated land, the

Council will be notified to enable designation of the land and remedial action will be

undertaken under Part IIA.

Furthermore, the Environment Agency has produced “Technical Advice To Third Parties On

Pollution Of Controlled Waters for Part IIA of the Environmental Protection Act 1990”. It

describes the Agency’s recommended approach for prioritising the inspection of sites that

may pose a threat to controlled waters, and the Agency’s interpretation of Special Site

definitions made under Regulations 2 and 3 of the Contaminated Land (England) Regulations

2000.

5.6.3 Waste Management

Powers are available under the Waste Management Licencing Provisions of the

Environmental Protection Act 1990 for dealing with contamination that results from a breach

of an operating licence.

5.6.4 Integrated Pollution Prevention and Control (IPPC)

Under new legislation to regulate pollution from industrial processes, site operators are

required to undertake a site condition survey prior to receiving a licence to operate. If the site

condition is such that areas of land meet the definition of contaminated land, then submission

of a site survey may trigger action under Part IIA. Existing processes will be brought under

this legislation in stages over the next six years, although it will apply to any new processes

or any substantial change to an existing process.

6. GENERAL LIAISON, COMMUNICATION STRATEGIES AND

COSTS

To a greater degree the proposals made in this Strategy encourage voluntary action by

landowners and require effective liaison with other bodies.

6.1 Consultation

An extensive consultation process was undertaken at the draft strategy stage, a list of

consultees is given in chapter 10. Their comments have been taken into consideration before

adoption of the Strategy. Efforts will be made to encourage members of the public,

businesses and voluntary organisations to participate in the process of identifying

contaminated land, and potential sources of information, recognising the valuable

contribution of these sectors. This collaborative approach with statutory and non-statutory

consultees in dealing with contamination issues will be maintained and built upon throughout

the implementation of the strategy.

6.2 Communicating with owners, occupiers and other interested parties

The District Council’s approach to its regulatory duties is to seek voluntary action before

taking enforcement action. This approach will be adopted for issues of land contamination,

recognising that in many cases as much, or more, effective remediation can be achieved by

agreement than by enforcement. Indeed, the Regulations provide an incentive to undertake

voluntary action in that any materials that require disposal as a result of voluntary

remediation will be exempt from landfill taxes. This exemption does not apply to materials

generated as a result of a Remediation Notice having been served. Thus land dealt with in

these circumstances will not be entered on the Public Register as contaminated because a

Remediation Notice has not been served; an entry in the form of a Remediation Statement

will be made in its place. This procedure assists in avoiding the issue of “blight”.

The Council will take the following action where a formal determination of contaminated

land is required:

Write to the owners and/or the occupiers and/or the appropriate person(s) of the contaminated

land, prior to determination of that land, explaining the Council’s intention and summarising

the reasons for the determination.

Write to the owners and/or the occupiers and/or the appropriate person(s) confirming that the

land has been formally determined as contaminated land and that, initially, the Council is

seeking appropriate remediation without the service of a remediation notice. Concurrently

notify the Environment Agency of the formal determination.

If requested by one of the Stakeholders, provide a copy of the formal Determination

Document.

If voluntary remediation is not undertaken, a remediation notice will be served on the

appropriate person(s) detailing the action required. The appropriate person(s) may be the

polluter, a knowing permitter, owner or occupier or combination thereof as deemed by the

Council as being in some way implicated. Where the site is considered a Special Site, the

Council will consider authorising a person nominated by the Environment Agency to exercise

the above powers on behalf of the Council.

6.3 Deciding who pays for remediation

This issue is not strictly part of the Strategy for the inspection of contaminated land, it is

infact part of the next process. Nevertheless it is considered to be an important aspect for all

concerned.

The Council is required to decide who has responsibility for meeting the cost of remediation

– the appropriate person(s) – as part of the preparation of its Remediation Notice. If more

than one person may be liable for all or part of a remediation scheme, the Council must

decide what each person must pay for, both where they are solely responsible for a particular

element of the cost (e.g. for a particular remediation action), and where they should pay a

proportion of some elements (e.g. for a shared remediation action).

Part IIA (Section 78F) defines who is an appropriate person to bear responsibility for

remediation and what happens if there are two or more liable persons in any case. Where

there are two or more persons the Council will act in accordance with Guidance issued by the

Secretary of State in deciding whether any of them should be excluded from liability and how

liabilities should be apportioned between the remaining persons.

The Council also needs to follow the same procedure for determining liabilities where it has

powers to carry out the necessary works itself. This is so that the Council can establish

whether and from whom it can recover its reasonable costs of carrying out the work.

Therefore at the start of the overall registration process at the notification of remediation

stage:

the Council will have identified contaminated land and may have established a preliminary

view about who may be the appropriate person(s) and have notified them that the land in

question appears to the Council to be Contaminated Land;

and,

at the end of the process the Council should have:

Identified the appropriate person(s) and the liability groups for each significant pollutant

linkage associated with the site;

Characterised remediation actions;

Attributed responsibility for different remediation actions to the relevant liability group;

Excluded members of the liability group where appropriate; and,

Apportioned liability between the remaining members of the liability group

6.4 Public Register

Under the regulations the Council is required to maintain a register. The contents of the

register are prescribed and will include:

Remediation notices

Details of site reports obtained by the authority in relation to remediation notices.

Remediation Statements and notifications of claimed remediation

Remediation Declarations

Determination of sites as “Special Sites”

Any appeals lodged against remediation and Charging Notices

Convictions (for failing to comply with remediation notice)

Initially it will be part paper based and part electronic and be accessible on request, free of

charge, by members of the public during office hours. Copies of the register or assisted

searches can be requested given the availability of staff and after payment of a suitable fee.

The public register will not include details of historic land use and other records used in the

investigation of potentially contaminated land. These are research documents and as such will

not be made available to the public.

6.5 Provision of information to interested parties

The provision of other information not on the register, historical land use, polluting uses of

land etc. determined in the course of implementing this strategy may be available to the

public subject to the provisions of the Environmental Information Regulations 1992. Where

appropriate, information will be provided following a request in writing and a suitable

location plan. Provision of the information will incur a charge reflecting the costs of

obtaining the information. Such information as provided will be given to the best of the

Authority’s knowledge, but cannot be relied upon to be complete or accurate.

6.6 Provision of information to the Environment Agency

The District Council is required to consult with the Environment Agency (EA) by providing a

copy of its draft contaminated land inspection strategy. It is not intended the EA formally

approve the strategy nor steer the Council in its content, it will however monitor its

implementation.

Where as a result of implementing the strategy, the authority determines a site is to be

contaminated land, the Agency will be notified in the standard format and will be updated at

each stage of the remediation process. Where any issues of controlled waters are involved,

advice will need to be sought from the Environment Agency prior to any determination.

Information concerning land that is considered to be, or likely to be, a Special Site will also

be provided to the Agency.

Furthermore, the Environment Agency is required to prepare an Annual Report for the

Secretary of State on the status of contaminated land in England and Wales.

This report will include:

A summary of local authority inspection strategies, including progress of their

implementation and effectiveness.

The amount of contaminated land and the nature of the contamination.

Measures taken to remediate land.

In addition to the copy of its Contaminated Land Strategy and “operational” notifications the

Council will provide the Environment Agency upon request a return on the standard form

SOCL of statistical data required for the Agency’s Annual State of Contaminated Land

Report.

7. PROGRAMME FOR INSPECTION

Wakefield District Council’s priorities for inspection have been detailed earlier. However, as

indicated previously these may be modified to take account of existing knowledge, local

consultation and/or in the light of any new information that becomes available during the

inspection process.

7.1 Local issues

Whilst it has been recognised that the Council’s first priority in dealing with contaminated

land will be to protect human health, conditions of immediacy are recognised currently to

exist with regard to protection of controlled waters as indicated in section 2.8.3. Upon

implementation of this strategy and while data capture is being undertaken for identification

of other potential sites, those sites listed in the above mentioned section will as a result of the

importance of the aquifer become the subject of immediate investigation.

As indicated previously, with the exception of the above, priority of inspection of sites will

be assessed on a ranking basis as outlined in section 4.1. However, sites that are to be

developed or where ground works are to be undertaken voluntarily they too will be given the

full and immediate attention of resources in assessing strategies for and the monitoring of

remediation.

7.2 Arrangements for carrying out detailed inspection

The first element of carrying out a detailed inspection will be to establish a site file. In so

doing all documentary historical information, information from other bodies and site

investigations can be added progressively.

In all cases where intrusive investigation is required, arrangements in terms of notice given to

occupiers and owners will be as much as is reasonably practical. However where it is

considered that there is immediate possibility of significant harm or pollution of controlled

waters, a maximum of seven days’ notice will be given. Consent to enter land will initially be

sought from the occupier or failing that statutory powers will be invoked. The Council will

not use these powers to obtain information about the condition of land where it can be

obtained from third parties without the need for entering the site, or if a person provides the

information within a reasonable and specified time.

The Council will make sure that under these powers it undertakes intrusive investigations

with the utmost care to avoid damage for which compensation can be claimed, as well as

taking all reasonable precautions to avoid harm, water pollution or damage to natural

resources or features of historical and archaeological interest.

7.3 Arrangements for appointment of consultants and contractors

Neither the Act nor the Guidance considers what may constitute a ‘suitable person’ for the

purposes of the investigation and assessment of contaminated land. There is no list of

approved consultants, no professional training organisation and no recognised qualification.

Ultimately, the responsibility for determining what land may or may not be declared

contaminated by definition lies with the Council, taking the advice of the Contaminated Land

Officer. It will therefore be the responsibility of the Officer to ensure the competency of any

consultants or contractors that are engaged on the Council’s behalf.

The Council will follow its recognised procedures in the appointment of consultants and

contractors for work under Part IIA of the Act.

7.4 Risk Communication Strategy

The Council will be using a risk-based approach to the identification of contaminated land. It

will therefore possess large amounts of risk-based data on land and water throughout the

District. Such information could be very sensitive to owners and potential developers, but it

will be the policy of this Council to supply this information on request subject to the

exclusions detailed in paragraph 6.3.

In communicating any information regarding risks and their assessment, the Council will

ensure that:

The methods used are relevant to the group requesting the information;

They are clear and consistent and concise;

They are not overly technical where this is unnecessary;

They allow all parties equal access to information;

Officers are available for discussions, meetings, etc.;

All relevant stakeholders are included;

Information, comments and other feedback will be invited; and,

Information will be communicated objectively and its sources will be identified.

7.5 Frequency of Inspection

It is anticipated that when the strategy is complete the process of inspection will be

continuous, particularly when new information becomes available or a change of land use is

proposed. A formal, documented annual inspection review will be carried out. This

frequency of inspection procedure will be critically appraised at the first annual review.

7.6 Format of information resulting from inspection

Data is to be stored and manipulated through a Geographical Information System (GIS), a

digital system that integrates databases and maps to produce a tool for managing land-use and

ground information in order to help identify pollutant linkages, assess risks, make decisions

and communicate outcomes. Initially, however, the operation within the Regeneration

Department will work with and maintain hard copies of appropriate inspection data.

8. REVIEW MECHANISMS

Whilst the Council has a duty to inspect the District ‘from time to time’ to identify

contaminated land, the frequency of inspection is not prescribed.

8.1 Assumptions and information

The Council’s aim is to review assumptions and information as required, and particularly in

the light of:

new information;

change of use of surrounding land;

introduction of new receptors;

the potential for pollutant linkages to become significant or urgent as a result of unplanned

events (e.g. flooding, subsidence, spillages) or a change in circumstances; and,

identification of a localised effect that could be associated with the land.

The council will also endeavour to respond as a matter of urgency to specific requests to

review assumptions.

8.2 Strategy Document

The District Council’s policy will be to aim to continually review its strategy. Initially the

whole document will be reviewed in January 2004, at which time the whole review procedure

will be evaluated. In particular, the matters that will be reviewed may include:

the content of the strategy in the light of its use over the first year;

changes to the strategy necessitated by any relevant new guidance;

priorities for further investigation of potentially contaminated sites;

the enforcement process; and,

progress of its implementation.

As part of the review mechanism, any proposed changes will be agreed between the

Contaminated Land Officer and involved colleagues prior to being ratified by the Council.

8.3 Audit of inspection procedures

The Government has stated the DETR will be developing performance indicators to assess

overall progress in the task of identifying and remediating contaminated land. No indicators

have been developed to date.

The District Council will audit the strategy and procedures as part of the Best Value Review

Programme of the Regeneration Department at a date yet to be established for this aspect of

the Service.

8.4 Convictions

The Register is required to include full particulars of any conviction for a failure to comply

with a remediation notice including the name of the offender. However, the Authority will

have regard to the Rehabilitation of Offenders Act 1974 and government recommendations

that the register should regularly be reviewed with the aim of identifying and removing spent

convictions. Nevertheless, the register will continue to record that an offence has taken place.

9. INFORMATION MANAGEMENT

9.1 Internal management arrangements for identification and inspection

The Regeneration Department within Wakefield Metropolitan District Council has

responsibility for implementing Part IIA of the Act. The Department, amongst other sections,

includes the Planning and Environment Division and the Environmental Health Services,

both of which will have a role to play in implementing this Strategy. In particular the

Contaminated Land Officer will be specifically responsible for co-ordinating resources.

9.2 Administration

All matters relevant to contaminated land should be directed to the Head of Development for

the attention of the Contaminated Land Officer.

Contact can be made at:

Newton Bar,

Wakefield,

West Yorkshire, WF1 2TX

Tel 01924 306540

Fax 01924 306690

E-mail jramskill@wakefield.gov.uk

9.3 Storage systems

A large amount of information, collation and storage will be required to enable the District

Council to undertake its inspection duties. This data will come from a variety of sources and

in many different formats (see chapter 10 for list of these).

Relevant information relating to potential sources of contamination will be held on GIS-

linked databases. The process of identifying any potential contaminative uses and collating

data has commenced but as yet as a paper record only. Any new information will be

evaluated and where appropriate used to update and improve the information held.

The specific benefits of the database have been described earlier, linking this to the GIS will

increase its ability to:

Generate a variety of thematic maps from several individual datasets, and

Overlay historic land-use maps onto the current one to determine areas that have had

previous contaminative uses.

The District Council regards the use of a GIS data-handling facility as an essential

requirement for the successful implementation of the strategy for the inspection of land in the

District.

9.4 Use by other Local Authority Departments

District Council considers that the new contaminated land regime will have an impact on the

majority of its departments. Exchange of information is to be carried out through day-to-day

departmental contacts set up for the exchange of information and expertise. Effort will be

made to ensure the relevant information, especially digitised and GIS material can only be

administered by authorised users, but, be accessible on a read only basis by other

departments.

9.5 Access to Information

The policy of the District Council will be to comply with the requirements of the

Environmental Information Regulations 1992 when dealing with requests for disclosure of

information. These Regulations require Local Authorities to make any environmental

information they hold available on request, subject to certain exemptions.

Part IIA of the Environmental Protection Act requires certain information to be placed on

Public Registers of Contaminated Land. The actual contents of these registers are specified

in schedule 3 of the Contaminated Land (England) Regulations 2000. ‘Information’ for the

purposes of the Environmental Information Regulations includes, registers, reports, and data

held on computers.

Interpretative assessments undertaken by the Council or its agents during the stages of

undertaking its inspection duties will not be made available to the public, apart from those

sites which are determined contaminated and have been entered onto the register. As

indicated previously the incomplete data is considered to be confidential to those other than

interested parties.

The Council will, in line with the disclosure regulations, continue to respond to specific

requests for information held by the Department.

9.6.1 From the register

A public register will be created to record where notices have been served, or a formal

remediation statement has been prepared in line with section 78R of the Act, for sites

identified as contaminated land. The register will be kept at the Council’s Regeneration

Department offices and is available for viewing, free of charge, during normal office hours.

The charge to be made for providing copies of register entries is:

£15.00 / Single notice;

£27.50 / Total entry to the register and notices in relation to a simple site with less

than 10 A4 sheets;

£55 for 10 to 20 A4 sheets; and,

£100 for a more complex site with more than 20 sheets.

If written interpretation or written consultation is required on any register entry, or

information required regarding historic land uses, this will be charged as officer time

generally calculated at £15 / item considered. A disclaimer will be attached to the written

reply indicating that the information is based on that which is currently available to the

District Council and that the Council accepts no responsibility for the use of the information

or outcome of its use by a third party. This simple disclaimer is to be agreed with Legal

Services.

In line with Environmental Information Regulations the objective of the Council will be to

recover reasonable costs. All charges will be reviewed in line with Council policy.

In April 2000 a new four-part question (Question 16A) was added to the standard land search

enquiries in part 1 of form CON29 (Enquiries of Local Authorities regarding Contaminated

Land). In response to this question, information will only be recorded in any of its parts

when a site has been identified as “contaminated land” according to the current guidance. At

the present time, the response is:

“Further to your enquiry regarding the above property I would inform you that the

Council has still to complete its investigations as a precursor to compiling a

Contaminated Land Register .”

This is qualified by the following observations as appropriate:

“Inspection of historical plans in the possession of the Council would tend to show the

site itself and adjacent premises to be uncontaminated.” Or

“The site is one which is potentially polluted but not presently contaminated under the

meaning of the Environmental Protection Act 1990. It would be a site, in the longer

term of the Council's inspection of contaminated land, where further investigation

could be contemplated.” Or

“Feature(s) are noted in the vicinity of the property in question which will fall to be the

subject of further investigation as part of the Council’s Contaminated Land Strategy.”

In the event of the latter two qualified responses giving rise to difficulties with regard to blight

the Council will consider the possibility of bringing the investigation of the “feature(s)” forward

in its priority procedure for further investigation.

10. OTHER SUPPORTING INFORMATION

Glossary

DETR Circular 02/2000 contains a detailed glossary of terms that provides legal definitions of terms that may be

used in this Strategy. This Glossary provides an interpretation of terms used in the Strategy to aid reading by

the lay person.

Brownfield site A site that has been generally abandoned or underused where redevelopment is

complicated by actual or perceived environmental contamination. Only a small

proportion of brownfield sites will meet the definition of contaminated land.

CLEA Contaminated Land Exposure Assessment, a methodology for carrying out a risk

assessment

Contaminated land Any land which appears to the local authority in whose area it is situated to be in

such a condition, by reason 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

Controlled waters These include

a) inland waters (river, streams, underground streams, canals, lakes and

reservoirs)

b) groundwaters (any water contained in underground strata, wells or

boreholes)

c) territorial waters (the sea within three miles of the baseline)

d) coastal waters (the sea with the baseline up to the line of highest tide, and

tidal waters up to the fresh water limit

DETR Department of the Environment, Transport and the Regions

Drinking water

abstraction

The taking of water from a source (in this case, primarily an underground

source) for drinking water

EA The Environment Agency

Eco-system A biological system of interacting organisms and their physical environment

GIS Geographical Information System

Groundwater Any water contained in underground strata, wells or boreholes

ICRCL Interdepartmental Committee on Remediation of Contaminated Land

Pathway One or more routes by which a receptor can be exposed to a contaminant

Pollutant linkage The relationship between a contaminant, a pathway and a receptor

Ramsar Site A site protected under an international convention on protection of wetlands of

international importance, especially as habitats for waterfowl, named after the

city in Iran where the convention was signed.

Receptor Sometimes referred to as “a target” – the health of a person, waters, ecosystem or

property type that could be affected by contamination

Remediation Generally accepted as being the carrying out of works to prevent or minimise

effects of contamination. In the case of this legislation the term also

encompasses assessment of the condition of land, and subsequent monitoring of

the land

Risk assessment The study of

a) the probability, or frequency, of a hazard occurring; and

b) the magnitude of the consequences

Source A substance in, on or under the ground with the ability to cause harm

Source protection zone Protection zones around certain sources of groundwater used for public water

supply. Within these zones, certain activities and processes are prohibited or

restricted.

Special Site Any contaminated land designated due to the presence of:

• Waste acid tar lagoons

• Oil refining

• Explosives

• Integrated pollution control sites

• Nuclear sites

References

Environmental Protection Act 1990 Part IIA, Contaminated Land, March 2000.

Contaminated Land Inspection Strategies,

Technical Advice for Local Authorities, May 2001.

Environment Act 1995.

Contaminated Land (England) Regulations, DETR, SI 227/2000.

Contaminated Land (England) Regulations, Statutory Guidance:

Regulatory Impact Assessment.

Contaminated Land (England) Regulations, Land and Liability.

Communicating Understanding of Contaminated Land Risks, SNIFFER,1999.

Draft and Approved Strategies of the following Local Authorities:

Selby District Council

Barnsley Metropolitan Borough Council

Mansfield District Council

Forest of Dean District Council

Leeds City Council

Calderdale Metropolitan Borough Council

Kirklees Metropolitan Council

West Yorkshire Archive Service – Information Leaflets.

Ordnance Survey and Landmark Information Group Ltd., Historical Map Data.

Part IIA Data Supply, Environment Agency.

The Use of Source Protection Zone and Ground Vulnerability Maps: A Guide for Local Authority Planners,

Environment Agency.

The New Regime for Contaminated Land Part IIA: Information Management and GIS

Market place suppliers literature.

Some guidance on the use of digital environmental data, British Geological Survey.

Part IIA EPA (1990) Process Documentation Internal Standard on Remediation Requirements Under Part IIA,

Environment Agency.

Regionally Important Geological Sites, West Yorkshire RIGS Group, 1998.

Guidance for the Safe Development of Housing on Land Affected by Contamination,

Environment Agency/NHBC, R.&. D. Publication 66.

Local Authority Guide to the Application of Part IIA of the EPA 1990,

Local Government Association, Chartered Institute of Environmental Health, Department for Environment,

Food and Rural Affairs and Environment Agency, July 2001.

Contaminated Land Supplementary Credit Approvals 2002/03,

A guide for English Local Authorities, DEFRA, Feb. 2002

Development on Land Affected by Contamination, Consultation Paper on Draft Planning Technical Advice,

Department for Transport, Local Government and the Regions, Feb, 2002.

Policy and Practice For the Protection of Groundwater, Environment Agency, 1998.

Methodology for the Derivation of Remedial Targets for Soil and Groundwater to Protect Water Resources,

Environment Agency, 1999.

Technical Advice to Third Parties on Pollution of Controlled Waters for Part IIA of the EPA 1990, Environment

Agency, Dec 2001.

Planning Policy Guidance PPG 23, Planning and Pollution Control, DETR.

Wakefield Community Strategy 2001, City of Wakefield Metropolitan District Council.

District Unitary Development Plan, City of Wakefield Metropolitan District Council.

Town and Country Planning Act and its Regulations.

Health and Safety at Work Regulations.

Water Resources Act 1991.

1:50,000 Geological Map, Sheet 78, + Memoir “Geology of the Country Around Wakefield” 1940, Geological

Survey of Great Britain (England & Wales).

1:10,000 Sheets SE32 NE/SE and SE42 NW/SW Maps and Associated Notes,

British Geological Survey, 1980’s.

Industry Profiles (Numerous), Department of the Environment1995.

Commencement Order No.16 to the Environment Act,1995.

Guidance on the Assessment and Redevelopment of Contaminated Land,

Interdepartmental Committee on Redevelopment of Contaminated Land (ICRCL), 1987.

Contaminated Land Exposure Assessment (CLEA) Guidelines, DETR, 2002.

Environmental Information Regulations 1992,

Rehabilitation of Offenders Act 1974

Con 29 (Enquiries of Local Authorities Regarding Contaminated Land), Agreed Document DETR, Law Society

and Local Authorities, Revised April 2000.

DOE Industry Profiles

Airports

Animal and animal products processing works

Asbestos manufacturing works

Ceramics, cement and asphalt manufacturing works

Chemical works: coatings (paints and printing inks) manufacturing works

Chemical works: cosmetics and toiletries manufacturing works

Chemical works: disinfectants manufacturing works

Chemical works: explosives, propellants and pyrotechnics manufacturing works

Chemical works: fertiliser manufacturing works

Chemical works: fine chemicals manufacturing works

Chemical works: inorganic chemicals manufacturing works

Chemical works: linoleum, vinyl and bitumen-based floor covering manufacturing works

Chemical works: mastics, sealants, adhesives and roofing felt manufacturing works

Chemical works: organic chemicals manufacturing works

Chemical works: pesticides manufacturing works

Chemical works: pharmaceuticals manufacturing works

Chemical works: rubber processing works (including works manufacturing tyres or other rubber products)

Chemical works: soap and detergent manufacturing works

Dockyards and dockland

Engineering works: aircraft manufacturing works

Engineering works: electrical and electronic equipment manufacturing works (including works manufacturing

equipment containing PCBs)

Engineering works: mechanical engineering and ordnance works

Engineering works: railway engineering works

Engineering works: shipbuilding, repair and shipbreaking (including naval shipyards)

Engineering works: vehicle manufacturing works

Gas works, coke works and other coal carbonisation plants

Metal manufacturing, refining and finishing works: electroplating and other metal finishing works

Metal manufacturing, refining and finishing works: iron and steelworks

Metal manufacturing, refining and finishing works: lead works

Metal manufacturing, refining and finishing works: non-ferrous metal works (excluding lead works)

Metal manufacturing, refining and finishing works: precious metal recovery works

Oil refineries and bulk storage of crude oil and petroleum products

Power station (excluding nuclear power stations)

Pulp and paper manufacturing works

Railway land

Road vehicle fuelling, service and repair: garages and filling stations

Road vehicle fuelling, service and repair: transport and haulage centres

Sewage works and sewage farms

Textile works and dye works

Timber products manufacturing works

Timber treatment works

Waste recycling, treatment and disposal sites: Drum and tank cleaning and recycling plants

Waste recycling, treatment and disposal sites: hazardous waste treatment plants

Waste recycling, treatment and disposal sites: landfills and other waste treatment or waste disposal sites

Waste recycling, treatment and disposal sites: metal recycling sites

Waste recycling, treatment and disposal sites: solvent recovery works

Profile of miscellaneous industries incorporating:

Charcoal works

Dry-cleaners

Fibreglass and fibreglass resins manufacturing works

Glass manufacturing works

Photographic processing industry

Printing and bookbinding works

Sources of data

Many sources of information will be required to identify potential sources of contamination

and potential receptors. Some of the resources are detailed below.

Resource District Specific Use

Historic Maps Ordnance Survey maps in house and archives. To identify sources

Geological maps 1:10,560 and 1:50 000 solid and drift geology maps.

To characterise sources and

pathways

Hydrogeological

maps

The Groundwater Vulnerability Maps produced by the

National Rivers Authority and the Soil Survey and Land

Research Centre in 1993 will be used to assess the

potential for contamination of groundwater (1:100 000).

To identify receptors

(controlled waters)

Soil maps Soil maps from the Soil Survey and Land Research

Centre.

To characterise sources and

pathways

Source Protection

Zones

Areas of groundwater that receive special protection by

the Environment Agency and are identified on the EA

website.

To characterise receptors

(controlled waters)

Environmental

Health and

Environment Agency

records

They maintain records of complaints and investigations. To identify known

information on

contamination

Planning records The District Council holds detailed planning records of

development in the area, including information on

ground condition presented in surveys.

To identify known

information on

contamination

District Local Plan

and other use

specific reports and

plans

These are valuable sources of up-to-date information on

land use.

To identify receptors

(particularly historic

monuments and protected

areas of the environment)

Integrated Pollution

Control register

A public register containing details of authorised

industrial processes in the District since 1990.

To identify sources of

contamination

Waste Management

Licences

The Environment Agency maintains a public register of

sites licensed for waste management activities and have

provided relevant information relating to sites in the

District.

To identify sources of

contamination

Register of closed

landfill sites

The Environment Agency keeps a record of closed

landfill sites.

To identify sources of

contamination

Fire Service

Petroleum Officer

Lists locations of filling stations and other sites which

have fuel tanks

To identify sources of

contamination

The County Archive The County Archivist has identified a number of sources

describing land-use in the District essential for

researching site histories prior to the end of the Second

World War when the Town and Country Planning

legislation came into force.

To identify sources of

contamination

Consultees Statutory Bodies

Environment Agency Phoenix House

Global Avenue

Leeds

LS11 8PG

Contact: David Walmsley

Contaminated Land Officer

English Nature

Bullring House

Northgate

Wakefield

WF1 3BJ

Contact: Brian Davies

The Humber & Pennines Team

Forestry Commission

Yorkshire & The Humber Conservancy

Wheldrake Lane

Crockley Hill

York

YO19 4FF

Contact: GC Haddock

Planning, Liaison & Partnerships Manager

D.E.F.R.A

National Land Management Team

Southgate Street

Bury St Edmunds

Suffolk

IP33 2BD

Yorkshire Forward

Victoria House

2 Victoria Place

Leeds

LS11 5AE

Food Standards Agency

Contaminants Division

7th

Floor, Aviation House

125 Kingsway

London

WC2B 6NH

Countryside Agency

Regional Office

2nd

Floor, Victoria Wharf Embankment

Sovereign Street

Leeds

LS1 4BF

West Yorkshire Archaeology Service

Registry of Deeds

Newstead Road

Wakefield

WF1 2DE

West Yorkshire Archaeology

Leeds City Council

Department of Leisure Services

Parks & Countryside Division

The Town Hall

The Headrow

Leeds

LS1 3AD

Yorkshire Water Services Ltd Planning & Land

PO Box 201

Broadacre House

Vicar Lane

Bradford

BD1 5PZ

Friends of the Earth

26-28 Underwood Street

London

N1 7JQ

English Partnerships

110 Arpley House

Birchwood Boulevard

Birchwood

Warrington

WA3 7QH

Contact: Mr J Navaratnam

Contact: Patrick Miller English Heritage

37 Tanner Row

York

YO1 6WP

Contact: Mr. I. Smith

Neighbouring Local Authorities

Barnsley Metropolitan Borough Council

Environmental Health and trading standards

Central Offices

Kenday Street

Barnsley

S70 2TN

Contact: John Scott

Doncaster Metropolitan Borough Council

Pollution Control

P.O. Box 257

College Road

Doncaster

DN1 1RN

Contact: Julia Taylor

Kirklees Metropolitan District Council

Department of Environmental Services

West Riding House

9 Manchester Road

Huddersfield

HD1 3HH

Contact: Heather Brough

Leeds City Council City Planning and Environment Department

Merrion House

110 Merrion Centre

Leeds

LS2 8SH

Contact: Lucy McLellan

North Yorkshire County Council

Minerals & Waste Planning Officer

County Hall

Northallerton

North Yorkshire

DL7 8AB

Selby District Council

Environment Services

Civic Centre

Portholme Road

Selby

YO8 4SB

Parish & Town Councils

Ackworth Parish Council The Parish Rooms

Bell Lane

Ackworth

Pontefract

WF7 7JH

Contact: Mrs S J Templeman

Badsworth Parish Council

14 Huntsman Way

Badsworth

Pontefract

WF9 1BE

Contact: Mrs A Jakes

Crigglestone Parish Council

4 Gloucester Court

The Orchard

Wrenthorpe

Wakefield

WF2 0WA

Contact: Mrs M Cummings

Crofton Parish Council 1 High Street

Crigglestone

Wakefield

WF4 3EB

Contact: Mr J Shillitoe

Darrington Parish Council

9 Greenroyd Court

Darrington

Pontefract

WF8 3BG

Contact: Mr S Banks

East Hardwick Parish Council

Iona

51 Darrington Road

East Hardwick

Pontefract

WF8 3DS

Contact: Mr R Donaldson

Featherstone Town Council

Town Hall

Featherstone

Pontefract

Contact: Mrs W Wilson

Havercroft with Cold Hiendley Parish Council

20 Parkway

Crofton

Wakefield

WF4 1SX

Contact: M K Neill

Hemsworth Town Council 1 Bank Street

Hemsworth

WF9 4JX

Horbury Community Council

97 Green Lane

Horbury

Wakefield

WF4 5DY

Contact: Mr K Tate

Kirkhamgate Community Association

10 Sunny Hill Close

Wrenthorpe

Wakefield

WF2 0RU

Contact: Mr K Bentley

Normanton Town Council

Former Queen Street School

Normanton

WF6 2DQ

Contact: Mrs C Moran

Nostell Parish Council

21 Bleakley Avenue

Notton

Wakefield

WF4 2NT

Contact: Mrs M Whittaker

Notton Parish Council

28 Clarke Grove

Pinders Heath

Wakefield

WF1 4TH

Contact: Mr M Starford

Ryhill Parish Council

21 Fall View

Silkstone

Barnsley

Contact: Mr S R Machin

Sharlston Parish Council 17 Oakleigh Close

Sharlston

Wakefield

WF4 1ER

Contact: Mrs L Childs

Sitlington Parish Council

2 Littlefield Grove

Ossett

WF5 0PS

Contact: Mr M Adams

South Elmsall Town Council

4 Kelso Drive

Warmsworth

Doncaster

DN4 9NY

Contact: Mrs W A Cotterill

South Hiendley Parish Council

La Chanteuse

Common Lane

Upton

Pontefract

WF9 1DF

Contact: Clare Baxter

South Kirkby & Moorthorpe Town Council

The Grove

South Kirkby

Pontefract

Contact: Mr C Geeson

Thorpe Audlin Parish Council

“Malvern”

Causeway Garth Lane

Thorpe Audlin

Pontefract

WF8 3HD

Contact: Kay Fish

Upton & North Elmsall Parish Council

The Village Hall

Harewood Lane

Upton

Pontefract

WF9 1JB

Contact: Mr D Bond

Walton Parish Council 27 Woodthorpe Park Drive

Sandal

Wakefield

WF2 6SU

Contact: Mr P Taylor

Warmfield cum Heath

The White Cottage

Heath

Wakefield

WF1 5SN

Contact: Mr J Wallis

West Bretton Parish Council

74 New Lane

East Ardsley

Wakefield

WF3 2DP

Contact: Mr G Dransfield

Wintersett Parish Council

3 Stoneleigh Cottages

Wintersett

Wakefield

WF4 2ED

Contact: Mr G Sykes

Woolley Parish Council Old School House

1 Backhouse Lane

Woolley

Wakefield

WF4 2LB

Contact: Mrs G Jones

Wrenthorpe Community Association

128 Valley Crescent

Wrenthorpe

Wakefield

Contact: Mr P Morrow

External Agencies

H.M. Customs and Excise

Ground Floor

Dobson House

Regent Centre

Gosforth

NEWCASTLE UPON TYNE

NE3 3PF

Kelda Group plc Western House

Halifax Road

BRADFORD

BD6 2LZ

Defence Estates Blakemore Drive

SUTTON COLDFIELD

West Midlands

B75 7RL

Lattice Property

Aviary Court

Wade Road

BASINGSTOKE

Hampshire

RG24 8GZ

Health & Safety Executive

Marshalls Mill

Marshall Street

LEEDS LS11 9YJ

Confederation of British Industry

(Yorkshire & the Humber)

Arndale House

Station Road

Crossgates

LEEDS

LS15

The Mid Yorkshire Chamber of Commerce and

Industry

Commerce House

Wakefield Road

Aspley

HUDDERSFIELD

HD5 9AA

Railtrack Property 5

th Floor

Hudson House

Toft Green

YORK

YO1 1HP

The Coal Authority

200 Lichfield Lane

MANSFIELD

Nottinghamshire

NG18 4RG

West Yorkshire Ecology

Leeds City Council

Parks and Countryside Division

Department of Leisure Services

The Town Hall

The Headrow

LEEDS

LS1 3AD

Our ref:

Your ref:

Date: 27 February 2002

John Ramskill

City of Wakefield Metropolitan District Council

Regeneration Department

Newton Bar

Wakefield

WF1 2TX

Dear John

EPA 1990 PART IIA - DRAFT INSPECTION STRATEGY (FEBRUARY 2002)

Thank you for a copy of the above. I have assessed the content against the DETR Guidance

for producing a strategy and the requirements of EPA 1990 Part IIA and consider that it

meets those requirements.

You may find my following comments on the draft helpful;

1. The respective roles of Wakefield MDC and the Agency should be included in 1.3.3

2. A map of features of the area would assist the description in Section 2

3. Section 4.2 refers to a "Register of Contaminated Land" which I interpreted as your list of

potential sites which may be confused with the Public Register which will only contain

that required by the legislation

4. Section 6.2suggests only Special Sites will appear on the register unless a Remediation

Notice is served. Non special sites will appear on the register in the form of Remediation

Statements which are likely to be required on most sites determined as Contaminated

Land.

5. Section 6.2 last paragraph should say that a remediation notice can only be served on an

"appropriate person" who may be a polluter, knowing permitter, owner or occupier.

6. 6.5 should refer to the SOCL form supplied by Agency for data collection to write the

State of Contaminated Land Report.

I look forward to receiving the published Inspection Strategy and assisting with its

implementation.

Yours faithfully

DAVID WALMSLEY

Area Contaminated Land Officer, Tel. 0113 213 4680, fax 0113 213 4871,

E-Mail david.walmsley@environment-agency.gov.uk