[PDF]ContaminatedLand

GROWING FOOD -
HOW SAFE IS YOUR LAND?

How to Assess and Deal with
Potential Land Contamination




Guidance for Communities and
Individuals Involved in Food Growing



GUIDANCE FOR THE ASSESSMENT

OF LAND CONTAMINATION FOR COMMUNITIES AND
INDIVIDUALS INVOLVED IN GROWING FOOD

INTRODUCTION

These notes have been prepared to offer assistance and guidance to communities and individuals in
England and Wales, who are planning or are involved in food growing activities in areas where an
assessment of potential land or soil contamination may be necessary.

The guidance is presented in the form of frequently asked questions (FAQs) and answers. We hope that
the most important points have been covered; however this should not be regarded as a comprehensive
assessment document. This is an area which is controlled by regulations, and solutions often involve the
application of specialised techniques. We have therefore, in relevant parts, gone into some detail of the
rules and regulations and the technical aspects of contaminated land control. If in doubt, further advice



should be sought from your local authority.

The questions we have attempted to address are:

Q1. What is contaminated land and why is it important to our project? Page 3

Q2. How is contaminated land identified? Page 3

Q3. How can we tell if our site is contaminated? Page 3

Q4. What are the main contaminants and what hazards do they pose?. Page 5

Q5. What about carrying out tests? Page 6

Q6. How do we interpret the findings? Page 7

Q7. What if we find the land is contaminated? Page 7

Q8. Who pays for any action? Page 8

Q9. How may the land be treated? Page 8

Q10. What can we do ourselves? Page 9

Q11. Are our children safe, playing or digging in the soil? Page 10

Q12. What can we do to prevent our site from becoming contaminated? Page 11

Q13. Where can I obtain further information? Page 11

Q14. What sources of support are available to groups such as ours?. Page 12

Appendix 1 Environment Agency Regional Offices in England Page 13



*



> Q1. What is contaminated land and why is it important

to our project?

Answer. When choosing a site for your project, there are a number of factors that need to be
considered. One of the most important of these is the historical use of the land. If your site or project is
situated on land that in the past was used for industrial activities, or is in the immediate vicinity of past
or current industrial activities, there may be a possibility that it could be contaminated.
The Environment Agency has estimated that there may be some 300,000 hectares of land in the UK
affected, to some extent, by industrial or natural contamination. The true extent of land affected by
contamination is not known, but it is expected that only a small proportion of potentially contaminated
sites pose an immediate threat to human health and the environment.
This will directly be of concern to you if: -

• you plan to keep livestock and consume, donate or sell your own produce.

• you plan to grow and consume the produce from your own site or project.

> Q2. How is contaminated land identified?

Answer. All local authorities are required by the Environmental Protection Act (EPA) 1990, amended
by section 57 of the Environment Act, 1995 to identify contaminated land.

In the United Kingdom, land affected by contamination is normally subject to a risk assessment to
determine whether there is significant risk to human health, the environment, water bodies or property.
This is done by considering three key factors:

1. Is there a source of contamination - i.e. are
hazardous substances present?

2. Is there a receptor on the site that could be affected
by these substances - such as human beings, rivers,
streams and groundwater used for drinking ("controlled
waters") and property including crops, produce, animals,
and buildings?

3. Is there a pathway from the source to the receptor?
This could be through consuming contaminated food
grown on the site, breathing in contaminated dust or drinking water contaminated by the source.

A risk to human health only exists if all three factors are present and the link is significant. If there is a
source of contamination, but no pathway to a receptor, there is no risk of contamination.

> Q3. How can we tell if our site is contaminated?

Answer. There are four ways in which you can obtain information regarding potential contamination
at your site:

1) Contact the local authority

Since April 2000 local authorities in England have had a duty to identify potentially contaminated land in
their areas and by July 2001, have been required to produce a Contaminated Land Inspection Strategy.




As a result, many Councils are currently in the process of gathering information to identify land, which
requires further investigation. Whilst a lot of the information will be drawn from publicly available sources,
your local council is a good place to start your enquiries. The department with responsibility for dealing
with contaminated land will vary from council to council. However, it is more than likely to be either the
Environmental Health or Planning Departments.

Whilst many Councils provide environmental information, they may charge for the service. If you are
currently using a site and are concerned that it may be contaminated, it may be beneficial for you to
approach the council for advice, as this will minimise any cost you may incur. Alternatively, if you are
thinking about future use of a site, then asking if the council is aware of any reason why the land would
not be suitable for growing vegetables and fruit for human consumption, may also avoid a charge. In
either case it would be better if you had a reason for your concern e.g. the appearance of the site or some
knowledge of a previous industrial use.

It is also worthwhile finding out if there are or have been any businesses close by that are or were allowed
to discharge polluting substances into the air or local streams, lakes or ponds, as this may also affect the
safety and quality of your produce. You can do this by approaching your local authority, which should be
able to tell you about any processes for which they have enforcement responsibility and which are the
responsibility of the Environment Agency. Your local authority will also be aware of previous pollution
incidents in the area and how they were dealt with.

2) Contact the Environment Agency

The local authorities are the primary source of information on land contamination as they will be
gathering and updating information on local sites.
However, the Environment Agency's website at
www.environment-agency.gov.uk contains a section
called "What's in your backyard". This section will
tell you if there are any process industries or landfills
in the immediate vicinity of your site. If you contact
the Environment Agency's Customer Services in writing and include the grid reference for your site, they
will inform you of any records of pollution incidents or discharge consents at or in the immediate vicinity
of your site. You will be informed if there are any charges for providing this information. Requests should
be made to your local Environment Agency area office. The regional offices will be able to tell you which
area office to contact. Contact details for regional offices are provided at the end of this document.

3) Desk research - Find out the history of the site

Some desk-based research may well identify changes in land use for your site. Central libraries often have
a Local History section, which should contain historical Ordnance Survey maps. These date back to the
1850's and are a useful source of information, often naming the types of industry present at that time.
Pay particular attention to where old quarries, sand, gravel and clay pits, and stream valleys are mentioned
as these may have been used as tips for domestic or industrial waste and may be cause for concern. Local
trade directories and other records may also be useful, as could talking to people who have lived in the
area for a long time. The Internet is also worth exploring and your local library should have an access
point. However any information found on the Internet should be verified with a reliable source.




Environment
Agency



4) Visual assessment

Having identified potential areas or sources of contamination, a visual assessment may identify potential
problem areas on the ground. The presence of groundwater, building rubble, old foundations, backfilled
areas and subsidence, all indicate areas potentially requiring further assessment (and testing).

> Q4. What are the main contaminants and what hazard
do they pose?

Answer. Once you have some indication of the nature of the previous use of the land, it is possible to
obtain an idea of the potential contaminants. Different industries produce specific kinds of contaminants.
The table below gives a guide to the types of land uses, associated contaminants and some of the
problems they can pose.



Previous industrial land
use


Examples of contaminants
present


Potential problems


Metal mining, treating and
refining, engineering works,
scrap yards and ship breaking
sites


Metals e.g. cadmium, arsenic,
lead, mercury, copper, nickel, and
zinc


• Inhalation of contaminated dusts

• Ingestion of contaminated crops

• Plant growth may be restricted if the
roots take up metals


Chemical works and
refineries, tar distilleries


Oily and tarry substances, phenols


• Skin irritation may be caused by
contact

• Organic vapours may cause
respiratory complaints

• Pollution of water supplies,
streams and groundwater


Made ground, including blast
furnace slags


Sulphates, chlorides, acids


• Building materials, e.g. concrete
foundations, weakened by chemical
attack


Gasworks, power stations,
railway land


Coal and coke dust


• Ignition in the ground


Construction and waste
disposal sites


Asbestos


• Release of airborne fibres


Old waste tips and in-filled
dock basins


Landfill gases, e.g. methane and
carbon dioxide


• Plant dieback

• Accumulation to hazardous
concentrations in confined spaces


Agriculture


Biological contamination,
pesticides etc


• Pollution of water supplies, streams
and groundwater


Landfill


Landfill Gases (some of the above
mentioned contaminants may also be
present, depending on the type of landfill)


• Plant dieback

• Accumulation to hazardous
concentrations in confined spaces



Many of these substances accumulate or persist in the soil and may then enter the human food chain
when we consume plants grown on the soil, when we eat food from animals that have grazed on the site
or have consumed feed that has been grown on it. People can also be exposed to these substances by
direct contact with the soil itself, by inhalation of dust or gases at the site, or by directly ingesting soil by
hand-to-mouth contact.

More specific details and technical advice on contamination associated with different industries is
available in a series of Industry Profiles publications. These are available from the Department of Transport,
Local Government and the Regions, Publication Sales Centre, Camber Town House, Goldthorpe Industrial
Estate, Goldthorpe, Rotherham, S63 9BL (Tel: 01709 891 318), at a cost of £10 each. Copies may also be
held at your local university library.

The Code of Good Agricultural Practice for the Protection of Soil (also known as The Soil Code), contains
a useful section on soil contamination and is available FREE from DEFRA publications, Admail 6000,
London SW1A 2XX (08459 556 000, quote reference PB0617).

> Q5. What about carrying out tests?

Answer. Having gathered all this information, you may want to consider whether tests need to be
carried out to check whether contaminants are present and the level of contamination.

Testing soils, food and other materials for contaminants is complex and
good quality sampling and analysis is essential. Testing should be carried
out by organisations with relevant experience and expertise, preferably one
that is accredited for this type of work (such as UKAS / NAMAS*). The first
step is to seek expert advice from your local authority. They may have
already tested the site, or may have plans to do so. If not, they might
consider testing in light of information from your investigation. Your local
authority Environmental Health Department should know of accredited
laboratories where soil or food can be tested. Failing this, look in the Yellow
Pages under Soil, Site Investigation, Laboratory Facilities and Science and
Research Consultants.

It is important to note that testing can be costly, therefore to make best use
of your resources, consider carefully how you approach the issue of testing,
and whether other interested parties might be prepared to contribute to the
costs or carry tests out themselves. For example, it is worth approaching a
local university, which may have soil testing laboratories and may be
interested in the tests as part of a student research project. If your food-
growing project is still at the planning stage, it is advised that costs of
testing are built into your project proposal.

Another question to consider is what to test. Soil contamination can be very patchy, so it is important that
any samples collected for testing give a realistic picture of the contamination across the site or the parts
that may be affected. Testing representative samples of the soil, prior to conducting more comprehensive
testing, may be more cost effective as a first step, because if the results show that levels of contamination
are not high enough to pose a risk, then no further testing may be required.

* UKAS - United Kingdom Accrediation Service
NAMAS - National Accreditation of Measurement and Sampling




However, if soil tests or other information does suggest that significant levels of contamination are
present, then it may be necessary to test foods from the site as well, in order to allow an accurate
assessment of any potential risks from potentially contaminated food. Sampling soils and foods at the
same time can be cheaper overall. It should be noted that if soil tests do show significant risks due to
contamination, you should contact your local authority, as they may wish to take on further testing and
investigation under their Contaminated Land Inspection Strategy.

> Q6. How to interpret the findings

Answer. The chemical analysis of your soil samples may indicate the presence of contamination.
However, the levels found may not be high enough to cause harm. Therefore, the land may not be
determined to be contaminated land. In other words, there is a difference between land that is impacted
by contamination and the legal definition of "Contaminated Land". Land is only defined as contaminated
if there is a "significant pollutant linkage". This requires evidence of not only the contaminant being
present but also of a receptor and an exposure pathway. In addition, the type of harm that the receptor
(e.g. humans) could suffer must meet the descriptions of "significant" given in the statutory guidance.

Although the contamination at the site may not be obviously causing harm to humans there may still be
a possibility that the contaminants present could, in the long term, pose a risk of significant harm to
humans. To determine if this is the case, a site-specific risk assessment should be carried out. A qualified
professional in the area of human health risk assessment should carry out this type of assessment. The
risk assessment will involve the use of contaminant levels found at your site in conjunction with published
toxicity data for those contaminants and exposure pathway data (e.g. contact rate to contaminants in soil
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