Pollution control - contaminated land

Under Part 2A of the Environmental Protection Act (1990), local authorities have a statutory duty to identify, inspect and if necessary, secure the remediation of historically contaminated sites within their area. For further information on Part 2A visit the Welsh Government link below.

Welsh Government Website - Contaminated Land

Under Part 2A local authorities have a duty to produce a contaminated land strategy. Caerphilly Borough Council's Contaminated Land Inspection Strategy is available to download below.

Contaminated Land Inspection Strategy 2010 (PDF 2.0mb)

The council maintains a contaminated land public register of the 'Remediation of Contaminated Land'. The full register is a paper based document and is available for public viewing at the council offices, Pontllanfraith House by appointment.

Development plans and planning applications

The Local Planning Authority (LPA) has a duty to consider potential contamination when preparing development plans and considering planning applications. The LPA consults the authorities Pollution Control section of Environmental Health when processing applications. The department has to be satisfied that developing the potentially contaminated land will not introduce, allow, or create unacceptable risks.

Developers should submit adequate information with their planning application to determine the risks from contamination to satisfy the LPA that there is a viable remediation option for the site. Reports for the site should be prepared in accordance with the following guidelines:

Land Contamination: A Guide for Developers (PDF 351kb)

Developers may also be interested in the Contaminated Land Exposure Assessment Project.

Environmental Damage Regulations 2010

Environmental damage regulations have been designed to ensure that the environment is fully protected against the most serious types of environmental damage. The regulations force polluters to prevent and remedy environmental damage that they have caused.

Note: The regulations came into force on the 1st March 2009 and are only applicable to environmental damage caused after they came into force.

Types of environmental damage covered by the regulations

Damage to water, land and biodiversity which includes:

serious damage to surface or ground water
contamination of land where there is a significant risk to human health
serious damage to EU protected natural habitats and species
serious damage to Sites of Special Scientific Interest (SSSIs)

Environmental damage regulations affect:

private businesses
farming
manufacturing
construction and demolition
waste management
forestry
public sector – schools, hospitals, government departments and agencies
charitable and voluntary organisations

Note: Residential premises are exempt from the Environmental Damage regulations; they are encompassed by Contaminated Land legislation.

If there is a risk of damage from you or your business activities, you must prevent such damage occurring. If you or your activities threaten to cause, or have caused, environmental damage you must:

take steps to prevent the damage (or further damage) occurring
inform the Environment Agency or Local Authority who will tell you what you must do to prevent and/or remedy the damage.

If the Environment Agency or the Local Authority has to remedy the damage caused by you, you will be liable for associated costs.