Context and challenges
Concern about the state of soil have been strengthened in recent years, for several reasons:
- significant changes in the industry brought many operating facilities closures, sometimes replaced by new ones. These changes are often an opportunity to assess the situation, notably in connection with the remediation obligation of the former operator.
- Demographic pressure and the concentration of the population in urban areas also generates strong demand for land: land left without use for many years is rediscovered, sometimes to develop new industrial activities but also for housing developments.
On this occasion, the discovery of forgotten pollution requires a response that is at the crossroads of public health concerns, environmental protection and sustainable spatial planning.
Polluted site and soil management policy
The polluted site and soil management policy is initially based on a vast inventory process. Following the progress made in this domain in other countries, the site remediation and treatment policy evolved in the late 1990s to become a risk based management policy depending on the use. In this respect, the Circular of 10 December 1999 introduced the methodological tools appropriate to implement this policy, in the form of the thorough diagnosis and detailed risk assessment (EDR). Based on risk review and management more than on the intrinsic level of pollution, this policy requires to keep track of pollution and remediation actions undertaken; it also requires the definition of land use, compatible with the residual pollution that remains after site treatment. Finally, pollution prevention and environmental monitoring actions around classified installations are an integral part of the polluted site and soil management policy.
The law of 30 July 2003 relative to the prevention of technological and natural risks and damage reparation and article R512-74 of the environment code led to significant step forward by modifying the activity closure conditions of classified installations.
- These documents clarify responsibilities in terms of site remediation duties: an operator cannot be held responsible for a change of use that he has not initiated following the shutdown of his activity, in accordance with the legislation. They stipulate, in the environment code, the principle of a consultation with the mayor and land owner for the future use of the site. They also detail site safety measures required.
- The principle of site remediation depending on use, applied in other European countries, is now part of the French legislation.
- The requirement of an environmental assessment obligation during receivership phases has been brought by law. The modification of the commercial code stipulates that the receiver should complete the economic and social assessment of the company in receivership by an environmental assessment including the information necessary to make the site safe and control impacts in case the installation shuts down.
Legislation
Environmental Code, Book V, Title 1, Regulatory section
Guide on “polluted site management and redevelopment procedures. How to identify a (potentially) polluted site. How to deal with a polluted site issue”: guidelines for the management of polluted sites and soil.
Other applicable documents:
http://www.sites-pollues.ecologie.gouv.fr
http://aida.ineris.fr/sommaires_textes/sommaire_thematique/liste_thematique.htm sites_et_sols_pollues
Useful sites
http://www.ecologie.gouv.fr/-Sites-et-sol-pollues-.html
http://www.sites-pollues.ecologie.gouv.fr/
http://basol.ecologie.gouv.fr/