Contaminated Land Inspection Strategy 2024 to 2029

The Environmental Protection Team will implement the Contaminated Land Strategy, make determinations of contaminated land under Part 2A and carry out statutory enforcement on behalf of Stockton-on-Tees Borough Council. These statutory duties will be carried out by the Environmental Protection Team Manager and the Senior Environmental Health Officer.

CLANNERS (Contaminated Land Northeast Regions) regional meeting is held each quarter. Part 2A and the Contaminated Land Strategy 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 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.

Use of consultants

Stockton-on-Tees Borough Council may on occasion use consultants to carry out site investigations and risk assessments on their behalf using the Council's Framework Agreement.

For planning development proposals consultants must meet the National Planning Framework definition of a competent person in Annex 2 - a 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.

For other regimes, the LCRM Guidance (Environment Agency, 2023) requires demonstration of the appropriate knowledge, skills, experience, and qualifications in the specific area concerned. This includes.

• Suitably Qualified Person (SQP) registered under the NQMS
• the SoBRA accreditation scheme
• Specialists in Land Condition (SiLC)
• membership of a professional organisation relevant to land contamination
• specialist in the Gas Protection Verification Accreditation Scheme (GPVS)
• a proven track record of dealing with land contamination, for example, knowledge and experience of the Part 2A regime or someone who regularly deals with the technical aspects of land contamination

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.

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-on-Tees Borough Council will use these powers in the situation where the landowner refuses entry or cannot be found.                      

Health and safety                                        

Prior to conducting site work, a health and safety risk assessment will be undertaken in accordance with Health and Safety legislation and the Council's Corporate Health and 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-on-Tees 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 will be followed [Protection of Workers and the General Public during the Development of Contaminated Land. HSE, 1991] during the development or assessment of contaminated land. 

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 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.

Staffing

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 [as required]
3. Environmental Health Service Manager [as required]