The Council have undertaken
investigations into the Cinderhill Acid Tar Pits site, with a view
to establishing if the site should be determined as Contaminated
Land, as defined by section 78A(2) of the Environmental Protection
Act 1990. The attached documents include a report by W S Atkins, who performed a risk assessment of the site,
on behalf of the Council.
Also attached is a draft copy of the Record of
Determination. This is a document the Council are required to
produce when Determining a site as Contaminated Land.
The decision to Determine the site
as Contaminated Land was made by Full Council, on 14th February
2007. The report that was considered by this committee
During the debate at the above
meeting 2 questions were raised by members and were subsequently
responded to in writing. Details are given below:
Cllr I Fisher
Question - If the Borough Council needed a warrant to get access
to the land at Cinderhill, does it need a warrant to fence it?
Response - As the site has now
formally been Determined as 'Contaminated Land' and is in the
process of being Designated a 'Special Site' and passed to the
Environment Agency (the 'Agency') as lead regulator, it will be the
responsibility of the Agency to assess the risks that have been
identified and to undertake any suitable remedial works to mitigate
that risk. This may involve fencing the area identified, but the
decision as to what remedial works are appropriate, the timescale
for their completion and access arrangements will rest with the
Cllr N Mills
Question - What is the designation of land at Cinderhill as
'contaminated' going to achieve? Would it mean that the Environment
Agency clean up the land and pay for it?
Response - This is covered in the
report but essentially the Council has a statutory duty to
investigate any site that poses an 'imminent risk of significant
harm' and to Determine it as Contaminated Land. Once the site has
been Determined, in the case of a 'Special Site', the process
operates as detailed above. The extent of remediation and any costs
involved would be a matter for the Agency.