Contaminated land reports - An Overview

If you are about to buy, sell, or re-finance a property, or if you are applying for planning permission, you will need to know if your land is contaminated. The first stage in the process is making a site search.

The site search must be completed during the due diligence process, which is usually undertaken by a solicitor or conveyancer, who will check the details against a database. The search will list all recorded uses of the site and neighbouring areas (usually within 250 m of the property).

Approximately 5% of all UK site searches reveal that the property is on or near land once used for industrial activities. If your site is on or near an old industrial site, you will need a contaminated land assessment.

The phased approach to risk management used in the UK makes this a complex process. To guide you through the maze of regulation below is a simplified two-step process to understanding parts of the legislation surrounding contaminated land.

Step 1: Check with the Local Authority and Environment Agency.

As the statutory regulators of contaminated land issues, the Local Authority and Environmental Agency's views on the site are the most important. They are able to determine if the property is acceptable or if further assessment is required. If the Local Authority has no concerns over contamination on your land, then you need not take any further action.

, if there are concerns with the site the Local Authority will be able to guide you on what to do next.. If the land is contaminated to the extent that it may be affecting groundwater or surface water, the Environment Agency must be contacted as they regulate the water environment and they will also provide guidance.

Step 2: Risk Assessment

, if the regulators can not discount the contamination issues the next step is to conduct a risk assessment as required under the Environmental Protection Act 1990.. This step must be completed using a qualified contaminated land consultant or practitioner. The risk assessment process is divided into three phases.

In Phase 1 your consultant will interpret the information obtained from the site searches and other publicly available information such as hydrological and geological maps. They will also conduct a site walkover to gain an on-the-ground understanding of the area. From this information they will develop a conceptual site model (CSM) and complete a qualitative risk assessment (QRA) in accordance with UK guidance. If the QRA demonstrates low risks then no actions are required. If the QRA indicates medium or high risks then a Phase 2 contamination assessment is required.

The Phase 2 assessment involves physical sampling of the soil to confirm the level of contaminants. These results are compared against UK soil and groundwater thresholds (Generic Assessment Criteria or GAC) to determine if the land is contaminated and the extent to which it poses a risk. Remediation will be required if the site is contaminated. This is Phase 3.

Your consultant will agree a Phase 3 remediation scheme with the Local Authority and can report and oversee on the progress of the scheme. They can also manage the whole process on your behalf.

In the movie Erin Brockovich, the character of Julia Roberts was neck-deep in investigation about the suspicious activities of Pacific Gas and Electric Company, which led to the eventual poisoning and death of the residents nearby the area. After going through a series of unproductive meetings among lawyers, residents and owners the company was soon charged of buying a piece of land that was already contaminated. read more What does the movie have to do with you, you ask? It tells you that you can avoid this situation by getting an Environmental Site Assessment (ESA) for your subject property.

Of course, nobody wants his company to undergo the same mishaps as seen in the movie. Court trials are time consuming and litigation lawyers charge too expensively that you just want to settle things under the table. Plus a suspicious site would lessen its credibility and drive people away from it.

Naturally, you would want to retain the value of your property and not get into any kind of legal trouble of any sort. You can do this through Environmental Site Assessment. Some of you, like me, are probably still wondering what this program can do for your company. Through Phase 1 ESA, you can rest assured that your property is free from potential environmental liabilities like toxicity or contamination. Professional consultants will determine whether the land you own or are planning to buy is a potential environmental threat because, or what are better known as "brownfield sites".

In the 1970s, a similar study was done in the United States to inspect commercial properties and to test them whether they are potentially hazardous to health. Now, the US has stricter monitoring than ever when it comes to environmental issues. Before you could actually have a management or an acquisition buy-out, you need to abide first by the environmental due diligence-a kind of investigation which identifies environmental hazards. It will give you details on how a former or a current operation poses a potential risk for your employees and nearby residents.

The inspection will tell you in detail the history of the chosen property, how the former operations contributed to possible environmental hazards, and how you could verify legal compliance from regulation authorities.

Tests are conducted by industrial hygiene consultants. These professionals see to it that every nook and cranny of your would-be land acquisition is scrutinized, looking for loopholes such that lead to toxicological risks. A property condition assessment is done to check whether if the health and safety requirements mandated by the State are met. Industrial hygiene consultants perform assessments and samplings, all of which are then turned over to an accredited laboratory for further evaluation. They also see to it that investigations, which include an expert witness testimony and an assessment of workers compensations claims, are done in a discreet and professional manner.

Aside from industrial hygiene consultants, you may also seek help from other companies on environmental engineering services. The services included on this one are feasibility studies, construction oversight, waste management consultation and other facility design services. You can address the underlying issues of pollution or contamination through environmental remediation. Avoid getting into grave legal issues on environmental safety by having your company go through Environmental Site Assessment.

From this information they will develop a conceptual site model (CSM) and complete a qualitative risk assessment (QRA) in accordance with UK guidance. From this information they will develop a conceptual site model (CSM) and complete a qualitative risk assessment (QRA) in accordance with UK guidance. It tells you that you can avoid this situation by getting an Environmental Site Assessment (ESA) for your subject property.

You can do this through Environmental Site Assessment. Avoid getting into grave legal issues on environmental safety by having your company go through Environmental Site Assessment.