Dear List,
The recent “Expert” Panel (non-advice) reminded me of a Part 2A case….
An elderly lady, in her eighties, owned and lived all her life at “Gasworks Cottage”. She enjoyed gardening and had a productive vegetable patch, and had won prizes for her roses for which she was very proud! She loved having her two children and 12 grandchildren to visit, and sometimes they stayed with her over the school holidays.
Of course, the garden was part of a former gasworks. The LA-CLO had identified it as part of his Part 2A strategic inspection program and prioritised it for further detailed investigations.
The LA-CLO conducted a well-designed site investigation and identified B(a)P and other carcinogenic substances, in the near surface garden soils exceeding appropriate health screening levels. The LA-CLO refined the Conceptual Site Model to reflect the bioavailability of the contamination and the elderly lady’s low intensity and seasonal use of the site, but still found that the levels of carcinogens were well above the acceptable risk level. There was no doubt that the site met the SPOSH test for human health. The LA-CLO identified the previous users of the site (Class A) and the owner/occupier (Class B) with a view to initiating regulatory action under Part 2A.
My question for the List is,
a) Is this Part 2A “Contaminated Land”?
b) If so, what Category (1, 2, 3, or 4) should this site fall under and why?
c) What action should the LA-CLO take?
This is not a trick question! Answers please.....
David
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