The legal definition of 'contaminated land' is set out within Part IIA of the Environmental Protection Act 1990 as:
'Any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, 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.’
The term 'contaminated land' is frequently used to mean any land that has some contamination in it. However, although there may be chemicals present in the ground, this doesn't always mean that it meets the definition above.
Pollutant Linkage
In order to assess the risks from contaminated land we have to identify a source of contamination, a receptor, or something that could be affected by the contamination and a pathway or process for the contamination to get to the receptor.
| Source > |
Pathway > |
Receptor |
| An old landfill contaminated with metals |
Houses with gardens built on the site. |
People living in the houses and eating homegrown vegetables |
This is called a pollutant linkage. It means that we will consider land to be contaminated only where it is causing unacceptable risks to peoples’ health or other specific receptors.
The receptors that we are required to consider are:
- Human beings
- Rivers and groundwater
- Ecological systems and living organisms within protected sites or reserves
- Property in the form of crops, produce, livestock, owned or domesticated animals and wild animals which are subject to shooting or fishing rights
- Property in the form of buildings, including ancient monuments
When sites are particularly hazardous and pose a serious threat to water resources, we would designate the site a special site and the Environment Agency would become the lead authority on the assessment and remediation required.
If you would like to tell someone about land you think may be contaminated you can:
If you think land may be contaminated
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Contact: Contaminated Land Officer
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Address: Mansion House, Penrith, Cumbria CA11 7YG
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Email: pollution@eden.gov.uk
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Telephone: 01768 212490
or complete the online online pollution control complaint form.
