Contaminated Land Inspection Strategy 2019-2024

The Environmental Protection Team within the Environmental Health Unit and the Public Health Department is responsible for implementing Part 2A of the Environmental Protection Act 1990.

The Environmental Protection Team will implement the Contaminated Land Strategy and will, if proven necessary through the risk assessment process, make determinations of contaminated land under Part 2A of the Environmental Protection Act 1990 and carry out statutory enforcement on behalf of Stockton Borough Council.  These statutory duties will be carried out by the Environmental Protection Team Manager and the Senior Environmental Health Officer.

The Senior Environmental Health Officer shall attend training and regular professional meetings to maintain competency and share best practice.

The CLANNERS (Contaminated Land North East Regions) regional meeting is held each quarter.  The Part 2A is a regular agenda item in which changes to guidance are discussed and best practice information is shared by local authorities on their experience in investigating and risk assessing sites.  Environment Agency representatives attend the meetings and provide valuable input regarding controlled waters as well as delivering training sessions to the group.

The NECLF (North East Contaminated Land Forum) regional meeting is held each quarter.  The meeting is managed by panels of representatives from Local Authority, Environment Agency, Consultancy and Academia and the meetings provide an opportunity to share best practice and knowledge from a wide spectrum of specialists.

The TVEPG (Tees Valley Environmental Protection Group) local to the Tees Valley Authorities and local Environment Agency is held 6 times per annum and contaminated land is a standing agenda item.

6.1 Use of Consultants

Stockton Borough Council may on occasion use consultants through a tendering process to carry out site investigations and risk assessments on their behalf using the Council's Framework Agreement. The appointed consultants shall be a competent person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.

6.2 Delegated Powers

The Environmental Health Service Manager, Environmental Protection Team Manager and the Senior Environmental Health Officer have delegated powers to act under Part 2A of the Environmental Protection Act 1990 and Section 108 of the Environment Act 1995.

6.3 Powers of Entry

The requirements of Section 108 of the Environment Act 1995 relate to the Statutory Powers of Entry regarding the inspection of land under Part 2A and are detailed in Sections 2.10-2.11 of the revised Statutory Guidance. Stockton Borough Council will use these powers in the situation where the landowner refuses entry or cannot be found.

6.4 Health and Safety

Prior to carrying out site work, a health and safety risk assessment will be undertaken in accordance with Health & Safety legislation and the Council's Corporate Health & Safety policy.  This will determine the risks to personnel carrying out the various phases of work involved and assist in the implementation of controls to remove or reduce risks identified to the lowest practicable level.

Any contractor or consultant appointed to carry out investigation work for Stockton Borough Council will be supplied with relevant information held about the site and will be required to carry out suitable and sufficient risk assessments that ensure the health, safety and welfare of themselves and others.

Consultant and contractor risk assessments will be vetted by the Council for their general health and safety competence prior to work commencing and to demonstrate that they are fully compliant with health and safety legislation.

All necessary control measures highlighted in the risk assessment will be implemented prior to the commencement of site works and will be reviewed during the works.

Relevant guidance on Health and Safety aspects of site inspection is included within HS (G) 66 (1991) Protection of workers and the general public during the development of contaminated land. (no longer current but cited in Building Regulations guidance)

6.5 Information and Complaints

Upon receipt of information regarding land contamination or water pollution, an officer from Environmental Protection will acknowledge receipt of this within 3 working days in accordance with appropriate work instructions. All information received will be recorded in accordance with the corporate service request procedure. The customer will be contacted by an officer in order to verify the source and details of the information. Customers will be kept updated on actions taken and their identity will remain confidential.

Information provided anonymously will be acted upon as if it had been given by an identified person as far as is possible.

6.6 Staffing - Current FTE for Land Quality

Following the change of direction from proactive action to reactive action the Contaminated Land Support Officer post was deleted in November 2013.  The following posts exist in the establishment to deal with contaminated land:

1. Senior Environmental Health Officer 1 full time post [1FTE]
2. Environmental Protection Team Manager [0.2FTE]
3. Environmental Health Service Manager [as required]