Contaminated Land Questionnaire

From: (powder@mcmail.com)
Organisation: Leeds Metropolitan University
Subject: Can the UK learn from the United States policies and legislation
? ? ? ? ? ? ? on Contaminated Land ?

If after you have read the Questionnaire below, you would like to fill it out, then please contact who will email it to you.

Rather than filling it out as a Form on the site (which would have involved Dr Hackenbush doing some CGI programming, to which he has a pathological aversion ever since he singed his eyebrows with an errant Zippo) it is easier to have Richard Spencer email you the questionnaire.

After completing my year in an industrial placement I am well aware of the availability of time. I would be extremely grateful if you could spend a few moments to complete this questionnaire.

Please complete the following as comprehensively as possible, by placing a tick in the relevant box and adding your own views. Please feel free to elaborate on any points raised.

This questionnaire is purely for research material and so confidentiality will be upheld.

If you have any views on the United States approaches on contaminated land, please could you state them.

Thank you for your time.

Many definitions have been linked with Contaminated Land, but it has widely been stated that no specific definition can be placed on Contaminated Land as a whole. Do you feel a statutory definition is required to identify Contaminated Land in the UK and US?


YES             ( )
NO              ( )
Don't Know      ( )


If YES, what do you think the definition should cater for?


Remediation                     ( )
Cost                            ( )
Harm to environment/persons     ( )
Don't know                      ( )

Although the Environment Act 1995 has improved clarity and efficiency over the Environmental Protection Act 1990, do you believe the government's amendments are creating the desired approach?
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YES             ( )
NO              ( )
Don't Know      ( )
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The new contaminated land regime connected to section 57 of the Environment Act 1995 is due to come into force in 1999. With much attention being directed to the regime, do you feel such publicity is warranted or the guidance is, as some say, a distracting sideshow?
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YES             ( )
NO              ( )
Don't Know      ( )
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The land registry proposals of the Environmental Protection Act 1990 were a complete waste of time and resources?
```
Strongly agree          ( )
Agree                   ( )
Indifferent             ( )
Disagree                ( )
Strongly disagree       ( )



Please state reasons.
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Even though the Environment Act 1995 vaguely states a form of priority of sites, do you think it would be feasible to place a ranking system based on a score for the site for priority, attached to the register for contaminated sites, as is the case in USA?
```
YES             ( )
NO              ( )
Don't Know      ( )
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The Royal Institution of Chartered Surveyors proposes that a system of identification should be linked to the planning process (see Appendix A). Do you think this is a better approach than registers and the Environment Act 1995 guidelines?
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YES             ( )
NO              ( )
Don't Know      ( )
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In the past, the approach to remediation work differed between the UK and USA. In the UK works were, and still are, carried out so the relevant site is fit for a specified end-use, whereas the USA's approach incorporated cleaning the site to its natural state or to a point where it can be used for any foreseeable purpose. What are your views on these different approaches?
```
US approach


Strongly agree          ( )
Agree                   ( )
Indifferent             ( )
Disagree                ( )
Strongly disagree       ( )


UK approach


Strongly agree          ( )
Agree                   ( )
Indifferent             ( )
Disagree                ( )
Strongly disagree       ( )


Please state reasons for your answer.
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The Environment Agency and Local Authority Associations have recently signed a memorandum to promote sustainable development, of which contaminated land is a part (See Appendix B). With partnerships of this type forming, do you feel the contamination problem is drawing to an end?
```
YES             ( )
NO              ( )
Don't Know      ( )
```
Even after much publicity and warning of penalties to the polluter, many contaminants are being allowed to foul the country - do you think the answer is higher penalties?
```
YES             ( )
NO              ( )
Don't Know      ( )


Please state reasons why?
```
With the recent Contaminated Land Supplementary Credit Approval Programme being implemented for funding to Local Authorities and the Environment Agency, of some Ł14 million for the current financial year, what standard of 'clean-up' will the monies allow?
```
YES             ( )
NO              ( )
Don't Know      ( )


Will it cater for private development?


YES             ( )
NO              ( )
Don't Know      ( )
```
Do you think the tax-payer should sustain the financial burden for the pollution of others?
```
YES             ( )
NO              ( )
Don't Know      ( )
```
Demand for land is continually increasing. For example, it is predicted that nearly 5 million new homes will be needed by the year 2016. Do you feel that the relevant parties are acting with sufficient speed in the development of guidance?
```
YES             ( )
NO              ( )
Don't Know      ( )


Please state reasons why.
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In your view, are there any specific changes in policy or theories that you would like to see in the future?

Do you feel the US's approach to remediation is too costly.


YES             ( )
No              ( )
Don't Know      ( )


Please state reasons

Please feel free to add any comments you wish, that you think may assist me with my research.

APPENDIX A

The Royal Institution of Chartered Surveyors has promoted the concept of a Land Quality Statement (LQS) as the written output of an environmental risk assessment. In its original form it was intended to identify the presence and degree of any contamination of a site which is the subject of a planning application.

The LQS describes the environmental status of land with associated risk assessment and proposals, where necessary, for how to manage that risk. Risk management may require monitoring or remediation action within an overall Environmental Management System (EMS). The LQS therefore assists to inform businesses better as well as developers, purchasers and other professional advisers.

APPENDIX B

The Environment Agency and Local Authority Associations signed a memorandum of understanding in 1997 to promote sustainable development. It seeks to establish a lasting framework for consultation and co-operation in order to make the best use of resources.

Agency chairman Lord De Ramsey, who signed the memorandum, said:

"The Agency's functions, responsibilities and powers are extensive, but we do not have exclusive responsibility for all aspects of environmental regulation and management in England and Wales and, therefore, need to develop constructive partnerships with others."

Others involved in the memorandum were the Association of County Councils, the Association of Metropolitan Authorities and the Association of District Councils.

If you would like to fill out this questionnaire, please contact who will email it to you.

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