Contaminated Land Regulations 2000

The Environment Agency estimates that there may be around 300,000 hectares of contaminated land in the UK . However, under the regime, not all of this will be deemed “contaminated” as it may be suitable for its current or intended use.

The Contaminated Land Regulations place a duty upon local authorities to inspect their areas to identify contaminated land which is defined as:

Land which appears to the local authority to be in such a condition, by reason of substances in, on or under it, that:
- Significant harm is being caused or there is a significant possibility of such harm being caused; or
- Pollution of controlled waters is being, or is likely to be, caused.

“Harm” means harm to one or more receptors: humans, buildings, other property or ecosystems. For land to be contaminated, a “pollutant linkage” must be identified. This has three components - a pollutant, pathway and receptor. If these are present and the land meets the criteria for “contaminated land” then there is a “significant pollutant linkage” and the land must be cleaned up. In some cases, contamination will be present but there will be no pathway or receptor and hence clean up will not be required.

Where clean up is deemed necessary, a remediation notice will be served upon the “appropriate person” i.e. the person who caused or knowingly permitted the pollution. Where they cannot be found, responsibility passes to the current owner or occupier. Where remediation notices are not complied with, fines will be incurred and the enforcing authority will be able to carry out the specified work itself and recover costs.

Remediation must be effective, durable and practicable. It must also be done at reasonable cost, having regard to the seriousness of the harm involved. Clean up must occur to a level that is “suitable for use” - i.e. appropriate for the desired end use of the land.

Contaminated land is potentially relevant to the furniture manufacturers where:

The problem has been inherited from previous occupants. In the UK the principle of “caveat emptor” has traditionally applied - ie buyer beware. When buying land you may also be buying any pollution that comes with it.
Contamination results from manufacturing activities, such as the disposal or spillage of timber treatment chemicals, oil, coatings or effluent