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BOC Immingham Dissolved Acetylene Project Environmental Statement: Vol. 2 Main Text 7.14 The Dissolved Acetylene Project will be required to operate under the Environmental Permitting regime. The Environmental Permitting Regulations 1 came into force in April 2008 combining the Pollution Prevention and Control and Waste Management Licensing Regulations. The Permitting Regulations require operators of certain processes and activities to have an EP (or an exemption) and to operate within specific conditions which will be under the ongoing supervision of the EA. As part of the permitting requirements, a site condition report is required that identifies the land contamination condition of the site prior to the operation of the permitted process and which defines the land quality to which the site must be returned on surrender of the permit. Building Control and Contamination 7.15 Building work is subject to Building Control under the Building Regulations 1991 41 . Schedule 1 of these Regulations (Requirement C2) states that “precautions shall be taken to avoid danger to health and safety caused by substances found on or in the ground covered by the building”. It should be noted that if contaminating substances in the ground have the potential to attack building materials, this may lead to a breach of Part A of these Regulations which relate to structural safety. Approved Document C 42 sets out how contamination should be addressed in building control: � site investigations should be carried out to determine the extent and nature of any contamination; � any ground covered by the building must be reasonably free from any material that might damage the building or affect its stability; � reasonable precautions must be taken to avoid danger to health and safety caused by contaminants on or in the ground covered by the building and any land associated with the building; and � precautions must be taken against ground gases such as landfill gases and radon vapours. Exposure of Construction Workers to Contamination 7.16 The Contaminated Land Regime, as implemented through Part 2A and planning, does not explicitly address the risks to construction workers or other occupational groups that may have direct exposure to ‘contaminated land’, such as people employed to carry out environmental monitoring on such sites. The risks to these human receptors are managed through health and safety legislation, such as the Control of Substances Hazardous to Health (COSHH) Regulations 43 that require the employer to carry out an assessment of the risks associated with exposure to hazardous substances and then to prevent and if this is not reasonably practicable, adequately control such exposures. Planning Policies and Guidelines 7.17 PPS 23 Planning and Pollution Control addresses contamination as a material planning consideration in the context of the redevelopment of a site or other alterations which fall under the planning regime. As a component of these considerations, the planning authority may require investigation that may lead to the identification of the need for remediation works as part of the redevelopment of the land. Remediation is often secured via planning conditions. PPS 23 makes it clear that in the context of dealing with land contamination, the developer is responsible for ensuring that development is safe and suitable for use for the purpose for which it is intended and the environment protected from contamination during development. In particular, the developer should carry out an adequate investigation to inform a risk assessment and remediation. PPS 23 recommends the phased approach outlined in CLR 11 35 for assessment of land affected by contamination. 5100935.404 Environmental Statement August 2011 90
BOC Immingham Dissolved Acetylene Project Environmental Statement: Vol. 2 Main Text 7.18 Further details of relevant planning policies at national, regional and local levels are discussed in Chapter 4 and are summarised in Appendix 4A. The conformity of the Dissolved Acetylene Project with plans and policies is discussed in Chapter 17. Consultation 7.19 Consultation was carried out by e-mail telephone with the Pollution Control Unit of NELC and the EA. This was to confirm whether they held (and if so to obtain) any land contamination specific information. The Pollution Control Unit of NELC reported 44 that they had no additional information to that presented in this Chapter and the development site had not been identified of potential concern. The EA 45 also reported that they had no additional information to that presented in this Chapter and if the development site had not been developed, they would not expect to find existing contamination. 7.20 There was only one response in the Scoping Opinion 4 (see Table 5.2 Summary of Scoping Opinion Responses) that related to soils groundwater, and that was from the EA: ‘We have reviewed the Environmental Scoping Report by Atkins, dated March 2011 (ESR) and consider the plans for the Environmental Impact Assessment to be appropriate for the site in terms of groundwater and land contamination. The site is underlain by a Principal Aquifer relating to the Flamborough Chalk. However, given the thickness of overlying unproductive superficial deposits of Glacial Till, the site is considered to be of relatively low sensitivity with respect to groundwater issues. Nevertheless, the proximity of surface waters to the site warrants the additional works proposed in section 6.16 of the submitted Scoping Report. Please note that any reports or investigations should be done in accordance with Planning Policy Statement 23 'Planning and Pollution Control' and CLR11 'Model Procedures for the Management of Land Contamination'.’ 7.21 Section 16.6 of the Scoping Report 3 referred to the collection of additional baseline data, including an intrusive ground investigation (GI) with appropriate representative soil and groundwater sampling and chemical analysis. The GI works are discussed in later Sections of this Chapter. The preparation of this chapter has taken PPS 23 and CLR 11 35 into account. Other Information Data Sources 7.22 Sources of information consulted to inform this Chapter include: � Envirocheck Report 9 ; � British Geological Survey (BGS) Geology Map number 81 (includes parts of 82 and 90) of Patrington, dated 1991 and number 90 (includes parts of 91) of Grimsby, dated 1990 (Scale 1:50,000); � National Rivers Authority (NRA) Groundwater Vulnerability Sheet No. 13 of the Humber Estuary, dated 1994; � reference to the EA website; � ESG, Report Number A1038-11, BOC Immingham Dissolved Acetylene Plant, Desk Study, June 2011; � Burk, Green and Partners, Report on a Ground Investigation for Proposed Oxygen Plant and Depot at Stallingborough near Immingham for BOC, dated January 1990; � Atkins Limited, Feasibility Report for BOC Dissolved Acetylene Production facility at Immingham, dated 2011; � EIGA publication Environmental Impacts of Acetylene Plants; 13 5100935.404 Environmental Statement August 2011 91
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