Remediation activities

Any remediation activity to address land contamination should be carefully designed and planned to ensure that the risks identified during assessment of the land are appropriately managed. Remediation objectives should ensure that any unacceptable risks are addressed. Even where remediation is being undertaken outwith Part IIA, it is likely to drive the standard of remediation, as parties undertaking remediation should be seeking to provide themselves with confidence that no further remediation action would be required under Part IIA.

It is a common misconception that remediation can only result in an environmental improvement. Whilst the remediation of chemically contaminated land and associated groundwaters is carried out with the intent to improve their condition, the remedial activity itself has the potential to adversely impact on the environment. It is therefore essential that such impacts are controlled, to ensure that remediation does result in an environmental improvement. This is normally achieved through the implementation of an appropriately designed remediation scheme and the application of legislative control, over and above that which sets the remediation objectives.

Legislative control

Where the holder of contaminated soil and associated groundwaters intends to discard the soil, groundwater or the contaminants within it, then the contaminated soil or groundwater becomes waste.

Anyone wishing to dispose of waste, either on-site or off-site, must do so in accordance with waste management licensing requirements. Please contact the local SEPA office for further information.

Anyone wishing to treat waste, either in-situ or ex-situ, requires a waste management licence (or an equivalent permit, authorisation or consent). The mechanism for legislative control depends on the actual remediation activity.  A waste management mobile plant licence is the preferred route of licensing the treatment of waste soil. Information is available from the waste section of SEPA’s website.

SEPA is keen to encourage the environmentally sustainable sound management of waste soils, particularly as soil is frequently removed from contaminated land because it is known to present a risk to humans, water or ecosystems. There are basically three routes for dealing with such soil, as detailed below.

  • Route 1: treat the soil on site

    In some circumstances, it may be possible to treat the soil on site to a standard such that there is no longer a requirement for it to be removed. Where it can be demonstrated that the treated soil no longer presents an unacceptable risk, it is suitable for re-use on the site and the holder no longer wishes to discard it, then its re-use on site will not be subject to waste management control.

  • Route 2: dispose of soil at a licensed waste management facility

    In circumstances where soil is being removed from the site because it presents a risk, it must be taken to an appropriately licensed waste management facility. Before the soil is taken there the holder of the soil should verify with the facility operator that their licence permits that particular soil to be accepted.

  • Route 3: reuse soil under exemption

    In circumstances where soil is being removed from the site because it is surplus to requirements and does not present a risk to the environment and/or users of the site, the waste soil may be directed to an activity which is registered as exempt from waste management licensing. Waste soil reused under exemption must meet the requirements of Schedule 3 and 4 of the Waste Management Licensing Regulations 1994. In particular, it should be ‘disposed of without endangering human health and without risk to water, air, soil plant or animals and without causing nuisance through noise or odours’. This option is not available for soils being removed because of the risk that they present. This is likely to be the case where action is being undertaken in connection with Part IIA of the Environmental Protection Act 1990 or planning conditions which relate to the management of risks associated with land contamination.
  • Further information on the Environment Agency Model Procedures for the Management of Land Contamination, CLR 11 can be found here external link.

Remediation schemes

A well designed and documented remediation scheme is essential in providing confidence to all interested parties that the risks associated with land contamination have been managed appropriately.

Guidance on the planning and management of remedial treatment of contaminated land is provided in CIRIA special publication 111. This publication is one of 12 volumes concerned with the remedial treatment of contaminated land. A number of the other volumes cover different remedial techniques.

Detailed project reports for different remedial techniques are also available from CIRIA and CLAIRE, as well as the Environment Agency (see Links & Publications).

There are a variety of publications available on this Environment Agency webpage external link

Notes:

  • Special waste, as controlled under the Special Waste Regulations 1996, as amended, is essentially the same as hazardous waste as defined in Article 1(4) of the Hazardous Waste Directive (91/689/EEC). Guidance on the 'interpretation of the definition and classification of hazardous waste' is available.

  • The disposal of stable non-reactive hazardous waste in a non-hazardous landfill is provided under Regulation 12 3(c) of the Landfill (Scotland) Regulations 2003 only where the stable, non-reactive hazardous waste fulfils the waste acceptance criteria in paragraphs 1 and 3(a) of Schedule 2 of the Regulations and is solidified with a leaching behaviour equivalent to that of non-hazardous waste referred to in Regulation 12 3(b)).