A significant proportion of land being re-developed today has been seriously contaminated by previous industrial use. Estimates of the number of contaminated sites in the UK range from 75,000 to 100,000. Conservative estimates say it will take over 20 billion to sort out the problem.

Restrictions in planning permission and green belt laws are making the re-development of contaminated land increasingly likely. Yet the authorities are often either unaware of, or ignoring, the seriousness and extent of contamination. Doubts exist over the efficacy of many reclamation techniques.

Local residents, especially children, and workers employed in re-developing sites are at risk. This fact sheet is aimed at helping ensure the health and safety of those who work or live on or near contaminated sites.

Industrial land

The site may be in use or contain disused industrial buildings and plant. The site may be vacant and unfenced and still be seriously contaminated. Re-developed land may look "clean", but toxins may be there at the surface or below a clean layer of deposited cover.

Old town gas or coal gas plants which supplied homes and factories during the nineteenth century and up until the 1970's are classic sites of pollution. Friends of the Earth have identified 68 of these sites in London but there are many more as facilities such as hospitals which made their own gas.

Pollutants include:

toxic substances: cyanide compounds, arsenic, lead radioactive material respiratory irritants: sulphur dioxide, hydrogen sulphide, hydrogen cyanide, mineral dusts skin irritants and corrosives: strong alkalis, acids, coal tars, phenols, metal oxides carcinogens: asbestos, tars, phenols, hydrocarbons biological hazards: leptospirosis, tetanus, anthrax

Land fill waste disposal sites

These contain domestic waste, rotting food and paper, nappies, rats etc and sometimes clinical waste from hospitals. This can present biological hazards such as hepatitis and leptospiral jaundice.

 Organic waste can generate gasses such as methane which is both an asphyxiant (causes suffocation) and explosive, and carbon dioxide. Industrial chemicals could also be present: paints, pesticides, cleaning materials etc, some in very large quantities. The toxins listed above for industrial sites could also be found here. Land fill has been used to dispose of asbestos and radioactive substances.

 Use of the site for land fill may have ceased and land been covered over. The site may have been operated without proper control or it could have been licensed by the authorities. There are special tips for highly toxic waste but it is not safe to make assumptions as to the type of waste contained in any tip.

How to find out if land is contaminated

Research

There are many and varied sources of information:

Planning Department registers and Local Authority maps. Older maps show the nature of industrial use. Planning Departments may have done their own research into landfill gasses. Local Authority architects departments, electricity, gas and water companies. Water may be polluted by chemicals from leaching or from rain water. Local reference libraries: records maintained by historical societies; Kelly's Directory etc. The local Waste Disposal Authority (WDA) provides licences for land fill sites. London's WDA is the London Waste Regulation Authority (LWRA). Licences have only been required since 1976. In most cases the contents of pre-1976 sites can only be guessed at, so soil samples should be taken from the whole site. WDA records should be available for public inspection. Local Authorities are required to keep a register of land fill sites. Local residents may have detailed knowledge of industries previously in the area. Land developers may have done a geotechnical or hydrogeological survey of the site, though clearly they are unlikely to release the information. Details of contamination may appear in tender documents relating to the re-development.

Visual inspection

The information gained from research should give clues as to what to look for: layout of buildings, industrial use of site, soil or standing water discolouration, distinctive odours, drums and containers on site. Patchy or restricted vegetation growth may indicate heavy contamination.

Soil sampling

Taking extensive soil samples can be costly but is in most cases unavoidable. Sampling should be taken from top soil and deeper. Take samples at regular intervals in a grid pattern across the site for best results. Most local authority planners do not have the expertise to assess results of sampling. Advice should be sought from local authority environmental health officers (EHOs), the Health and Safety Executive (HSE), the Water Authority (Thames Water Authority in London) or the National Rivers Authority. Ask Hazards Centre(s) for contact details of independent consultants. Some local colleges may be able to help.

What laws can residents and workers use?

The Local Government (Access to Information) Act 1985 gives everyone the right to inspect planning department records, land fill records, council reports including those by outside consultants, council meeting minutes etc.

The Environmental Protection Act 1990. Section 79 requires local authorities to inspect "statutory nuisances". Use this section to request an inspection of contaminated sites by EHOs. Ask for records of site inspections and contamination reports. Section 80 says that where a "statutory nuisance exists, or is likely to occur or recur " local authorities have the power to serve "an abatement notice" requiring steps to be taken to prevent this. EHOs can insist on the cleaning up of sites, control of the hazards, fencing and erection of hazard signs.

The Environmental Information Regulations 1992 require any public body with environmental responsibilities - including government departments, local authorities and quangos - to provide information on request about the state of the environment, activities affecting it and measures to protect it. Disclosure must take place within two months. Refusals must be in writing and give reasons. The authorities can make "reasonable charges" for the information.

Water Registers. You have a legal right to see most discharge "consents" and pollution test results held on the Water Registers maintained by the National Rivers Authority (NRA). You can ask your water supplier if there is a likelihood of pollution of your water supply from any land fill or contaminated sites and ask to see any investigation results.

The Health and Safety at Work (HSW) Act 1974; the Safety Representatives and Safety Committee Regulations 1977; the Control of Substances Hazardous to Health (COSHH) Regulations 1988; and the Management of Health and Safety at Work Regulations 1992 are all designed to protect the health and safety of employees. But local residents may find that they also can obtain valuable information from companies engaged in redevelopment by contacting workers employed on site, especially if those workers are in a trade union. Section 3(1) of HSW Act requires employers to make sure that people not in their employment who may be affected by their activities are provided with information and not exposed to risks to their health and safety.

The Construction (Design and Management) (CDM) Regulations will come into force in October 1994. They will cover major construction projects and require arrangements to be made for the safe planning, building and demolition of projects.

When using any of the laws above, you may find that you are refused information on the grounds of "commercial confidentiality". This may be illegal and should not stop you challenging the refusal. You may have to appeal to enforcement agents such as EHOs and HSE Factory Inspectors, the local authority Chief Executive, your ward councillor, leader of the council, local MP or Ombudsman. You may have a right to challenge some decisions in the courts.

Further information and contacts

LHC Members