common forum on contaminated land in europe · 05/04/2012 · common forum on contaminated land in...
TRANSCRIPT
04052012 133
COMMON FORUM ON CONTAMINATED LAND IN EUROPE
QUESTIONNAIRE ABOUT LEGAL FRAMEWORK FOR THE MANAGEMENT OF CONTAMINATED LAND
COUNTRY REGION FRANCE CONTACT FOR FURTHER INFORMATION Ph Bodeacutenez Philippebodenezdeveloppement-durablegouvfr D Darmendrail ddarmendrailbrgmfr JF Brunet jfbrunetbrgmfr
OVERALL CONTEXT
1 Does your national policy have a specific definition of ldquopotentially contaminated siterdquo ldquocontaminated siterdquo ldquocontaminated soilrdquo If yes please provide the definition
Contaminated Land Site presenting a real or potential long-lasting risk for human health or the environment as a result of the pollution of a given milieu resulting from former or current human activity (French definition in EUGRIS glossary)
Polluted Site site with media quality no compatible with its current or future use French definition from the national Glossary in ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development Web site Site ou milieu dont leacutetat de pollution nest pas compatible avec les usages constateacutes ou
envisageacutes 2 Is Groundwater considered as part of the soil in your national policy on
contaminated land Yes it is We are using the ISO definition for soil
3 If you have a definition for following items please provide the definition a Brownfield
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated (French definition in EUGRIS glossary)
04052012 233
French definition from the national Glossary in the ldquoSites et sols pollueacutesrdquo of the French ministry for Sustainable Development Web site Espace laisseacute agrave labandon temporairement ou deacutefinitivement agrave la suite de larrecirct dune activiteacute agricole portuaire
industrielle de service de transformation de deacutefense militaire de stockage de transport
b Sediment
No legal definition as far as we know
04052012 333
LEGAL FRAMEWOK
4 Legislation with respect to contaminated land management a If your country has legislation on contaminated land management
please precise if itrsquos a specific or a common legislation
In France there is no specific legislation on the protection of contaminated land However certain articles of the Environmental Code (in particular articles L 511-1 subs L 512-7 and L 512-17) which deal with classified facilities for the purpose of environmental protection directly or indirectly refer to the prevention and the sanction of contaminated land The only law for managing the remediation of soil contaminated by industry was that of July 19 1976 concerning Classified Installations (included in September 2000 in the Environment Code) and its application decree of September 21 1977 (see below) Previously the first general text regulating installations that are sources of nuisances or risks was the imperial decree of October 15 1810 which established three classes for factories and workshops that emitted unhealthy or offensive odours The law of December 19 1917 concerning dangerous unhealthy and disruptive establishments revised these regulations by replacing the authorization required for the 3rd class with a declaration The law of July 19 1976 concerning Classified Installations for the Protection of the Environment updated the law of 1917 notably by extending its scope to include all installations regardless of their legal status and increasing the governmentrsquos powers of action It was significantly modified by the laws of July 3 1985 in particular notably increasing penalties of July 22 1987 concerning major risks of July 13 1992 (2 laws) concerning waste and genetically modified organisms of January 4 1993 concerning quarries and of February 2 1995 concerning the strengthening of the Protection of the Environment of July 30 2003 concerning industrial risks On September 21 2000 it was assimilated into the Environment Act National policy and the measures to be applied are defined in circulars issued by the Minister in charge of the environment to the Prefects of the departments (who represent the central government) The Decree of September 13 2005 concerning derelict Classified Installations describes how to carry out quantitative risk assessments execute industrial site security and risk management measures undertake site remediation with the best available techniques under acceptable economic conditions depending on future use and implement usage restrictions Other important regulatory documents that address contaminated sites are
Law of July 15 1975 concerning Waste disposal and material recovery
Law of July 19 1976 concerning Environmental permits for Classified Installations for the Protection of the Environment (ldquoICPE lawrdquo)
04052012 433
Law of January 1992 concerning Water resource management and protection (ldquoWater lawrdquo)
Law of July 13 1992 concerning Municipal solid waste management
Law of February 2 1995 concerning the Funding of orphan sites In 2007 new circulars came into effect in order to update the methodology for managing contaminated sites and soils
Ministry of Ecology Memorandum of February 8 2007 concerning Contaminated sites and soil - Contaminated site management and remediation procedures
Ministry of Ecology Circular of February 8 2007 concerning Classified Installations - Prevention of soil contamination ndash Contaminated land management
Other circulars for Classified Installations concerning the chain of liability orphan sites and the remediation of contaminated sites for facilities where sensitive populations gather also came into effect on February 8 2007
b If there is no legislation please precise how you tackle the problem
c What are the main policy objectives Land contaminated by industrial activities over the past two centuries has been a major concern for at least 20 years The French policy for dealing with this issue was developed within the framework of the Classified Installations (ICPE) Law Its principles and implementation are very similar to those of other European countries The policy is backed by actions 10 and 11 of the National Health and Environment Plan (PNSE 2004-2008)
Action 10 Improve drinking water quality by protecting drinking water supply wells from point-source and diffuse pollution
Action 11 Reduce water and soil contamination due to pesticides and potentially dangerous substances
httpwwwsantegouvfrhtmdossierspnserapportpdf This policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
04052012 533
d What are the principles on which the national policy is based (Ie risk based approach remediation on a fit for use principle etc)
French policy in the field of contaminated sites and soil is based on a limited number of principles that make it possible to deal with the problem in a clear and logical manner
an active prevention of future contamination
a thorough knowledge accessible to all of potential risks
a suitable treatment of the site in terms of its real impact on the environment and its planned use based on a detailed risk assessment
The basic principles of the French approach are
The precautionary principle (defined in Law no 95-101 of February 2 1995) which states that the uncertainty inherent in current scientific and technical knowledge should not delay the adoption of measures intended to prevent the risk of serious and irreversible damage to the environment at an acceptable cost
The proportionality principle which ensures that the degree of detail of the study is consistent with the extent of the contamination and its predictable effects This generally leads to the use of an iterative procedure ndash prior understanding of a site can be extremely useful for the optimal design of the necessary studies and work
The specificity principle which states that remediation work should eliminate the development or persistence of risks or harm to humans or other identified targets (ecosystems water resources etc) The aim of remediation is therefore determined on a case-by-case basis using a site-specific approach based on the assessment of the potential risks and on the owneroperators intended use of the site (a so-called functional and specific approach)
The transparency principle which aims at imposing rules so that choices (working hypotheses tools used degree of detail understanding residual uncertainties etc) inherent in the risk assessment procedure are presented explained and discussed in particular when the stakeholders work together
These principles are based on the observation that the fundamental problem is the risk of the transport of pollutants towards identified targets Various tools have been developed for addressing the problems that commonly arise when managing polluted sites and soil in particular those concerning the identification of sites presenting the greatest risk their study and if necessary their remediation
5 Liability for the management of contaminated land a What is the chain of liability (Polluter Land owner Last operator
Occupier) Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the
04052012 633
law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination)
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified Installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
b If there is a difference between new and historic contamination please precise
In terms of regulation new contamination should be prevented (article 1 of the IPPC law) If prevention fails the new contamination should be treated under the plant authorisation permit In terms of technical principles new and historical contamination should be considered under the risk based approach as previously presented
The Environmental Code states that at the end of the operation the site must be cleaned up in order to not endanger the environment human health safety sanitation etc and to allow a future use of the site as decided by the Mayor and the operator or the owner of the site if there is no operator Should these parties not find an agreement on the level of clean-up such level would have to allow a use comparable to the use of the latest operating period except if such use is not consistent with the use stated by the applicable zoning documents In such a case a sensitive use level of remediation may be required
c Can a responsible party pass on the liability to a purchaser (Under statutory law Contractually)
Yes Please see 5a
d Is liability on environmental damage extinguished when clean up of the site is completed
No Please see 5a
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6 Are there any specifications at regional local level If yes provide some detail
For contaminated sites the Prefect is assisted by the Inspectors of Classified Installations who monitorcontrol industrial activities and usually work within the Regional Directorates of the Environment Land-Use Planning and Housing (DREAL)
The actors involved in water protection are different from those involved in contaminated-land management At the national level the Ministry in charge of the environment is in charge of protecting water resources At the local level the Prefects are assisted by inspectors in various regional offices (DDAF DDE) Six regional Water Agencies covering the major river basins have 5 specific missions
ensure the balance between water resources and needs
reach the quality objectives set by regulations
improve and increase the usable resources within the basin
protect resources from flooding and pollution
coordinate general actions within the river basin such as
o instrumentation and measuring
o assistance for water recycling and savings
o public information etc
Brownfield sites have been of considerable interest in some former industrial French regions since the 1970s (in particular in Lorraine and Nord-Pas de Calais) and more recently in other regions because of extensive urban development (Paris and Icircle-de-France Rhocircne-Alpes) Most of the available information on brownfield management (regional procedures location of brownfields regional databases examples of site reclamation etc) is provided by regional authorities or the specific redevelopment agencies established in these regions (EPF Lorraine Nord-Pas de Calais Ouest Rhocircne-Alpes etc) Various issues have been addressed ndash inventories of brownfield sites suitability of sites for future use (when sites are not considered to be contaminated) site reclamation ndash depending on the situations encountered in the various regions In a first approximation about 200000 former industrial and service sites and about 200 former mines are now brownfields It is estimated that industrial brownfields in these regions cover about 20000 ha As expected this land is concentrated in the traditional industrial areas in Northern and Eastern France especially in the Nord-Pas de Calais region (9400 ha) and Lorraine (2500 ha) Most of the brownfield sites cover more than 10 ha and are located in suburban areas or around cities The
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number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
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be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
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14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
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The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
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Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
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in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 233
French definition from the national Glossary in the ldquoSites et sols pollueacutesrdquo of the French ministry for Sustainable Development Web site Espace laisseacute agrave labandon temporairement ou deacutefinitivement agrave la suite de larrecirct dune activiteacute agricole portuaire
industrielle de service de transformation de deacutefense militaire de stockage de transport
b Sediment
No legal definition as far as we know
04052012 333
LEGAL FRAMEWOK
4 Legislation with respect to contaminated land management a If your country has legislation on contaminated land management
please precise if itrsquos a specific or a common legislation
In France there is no specific legislation on the protection of contaminated land However certain articles of the Environmental Code (in particular articles L 511-1 subs L 512-7 and L 512-17) which deal with classified facilities for the purpose of environmental protection directly or indirectly refer to the prevention and the sanction of contaminated land The only law for managing the remediation of soil contaminated by industry was that of July 19 1976 concerning Classified Installations (included in September 2000 in the Environment Code) and its application decree of September 21 1977 (see below) Previously the first general text regulating installations that are sources of nuisances or risks was the imperial decree of October 15 1810 which established three classes for factories and workshops that emitted unhealthy or offensive odours The law of December 19 1917 concerning dangerous unhealthy and disruptive establishments revised these regulations by replacing the authorization required for the 3rd class with a declaration The law of July 19 1976 concerning Classified Installations for the Protection of the Environment updated the law of 1917 notably by extending its scope to include all installations regardless of their legal status and increasing the governmentrsquos powers of action It was significantly modified by the laws of July 3 1985 in particular notably increasing penalties of July 22 1987 concerning major risks of July 13 1992 (2 laws) concerning waste and genetically modified organisms of January 4 1993 concerning quarries and of February 2 1995 concerning the strengthening of the Protection of the Environment of July 30 2003 concerning industrial risks On September 21 2000 it was assimilated into the Environment Act National policy and the measures to be applied are defined in circulars issued by the Minister in charge of the environment to the Prefects of the departments (who represent the central government) The Decree of September 13 2005 concerning derelict Classified Installations describes how to carry out quantitative risk assessments execute industrial site security and risk management measures undertake site remediation with the best available techniques under acceptable economic conditions depending on future use and implement usage restrictions Other important regulatory documents that address contaminated sites are
Law of July 15 1975 concerning Waste disposal and material recovery
Law of July 19 1976 concerning Environmental permits for Classified Installations for the Protection of the Environment (ldquoICPE lawrdquo)
04052012 433
Law of January 1992 concerning Water resource management and protection (ldquoWater lawrdquo)
Law of July 13 1992 concerning Municipal solid waste management
Law of February 2 1995 concerning the Funding of orphan sites In 2007 new circulars came into effect in order to update the methodology for managing contaminated sites and soils
Ministry of Ecology Memorandum of February 8 2007 concerning Contaminated sites and soil - Contaminated site management and remediation procedures
Ministry of Ecology Circular of February 8 2007 concerning Classified Installations - Prevention of soil contamination ndash Contaminated land management
Other circulars for Classified Installations concerning the chain of liability orphan sites and the remediation of contaminated sites for facilities where sensitive populations gather also came into effect on February 8 2007
b If there is no legislation please precise how you tackle the problem
c What are the main policy objectives Land contaminated by industrial activities over the past two centuries has been a major concern for at least 20 years The French policy for dealing with this issue was developed within the framework of the Classified Installations (ICPE) Law Its principles and implementation are very similar to those of other European countries The policy is backed by actions 10 and 11 of the National Health and Environment Plan (PNSE 2004-2008)
Action 10 Improve drinking water quality by protecting drinking water supply wells from point-source and diffuse pollution
Action 11 Reduce water and soil contamination due to pesticides and potentially dangerous substances
httpwwwsantegouvfrhtmdossierspnserapportpdf This policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
04052012 533
d What are the principles on which the national policy is based (Ie risk based approach remediation on a fit for use principle etc)
French policy in the field of contaminated sites and soil is based on a limited number of principles that make it possible to deal with the problem in a clear and logical manner
an active prevention of future contamination
a thorough knowledge accessible to all of potential risks
a suitable treatment of the site in terms of its real impact on the environment and its planned use based on a detailed risk assessment
The basic principles of the French approach are
The precautionary principle (defined in Law no 95-101 of February 2 1995) which states that the uncertainty inherent in current scientific and technical knowledge should not delay the adoption of measures intended to prevent the risk of serious and irreversible damage to the environment at an acceptable cost
The proportionality principle which ensures that the degree of detail of the study is consistent with the extent of the contamination and its predictable effects This generally leads to the use of an iterative procedure ndash prior understanding of a site can be extremely useful for the optimal design of the necessary studies and work
The specificity principle which states that remediation work should eliminate the development or persistence of risks or harm to humans or other identified targets (ecosystems water resources etc) The aim of remediation is therefore determined on a case-by-case basis using a site-specific approach based on the assessment of the potential risks and on the owneroperators intended use of the site (a so-called functional and specific approach)
The transparency principle which aims at imposing rules so that choices (working hypotheses tools used degree of detail understanding residual uncertainties etc) inherent in the risk assessment procedure are presented explained and discussed in particular when the stakeholders work together
These principles are based on the observation that the fundamental problem is the risk of the transport of pollutants towards identified targets Various tools have been developed for addressing the problems that commonly arise when managing polluted sites and soil in particular those concerning the identification of sites presenting the greatest risk their study and if necessary their remediation
5 Liability for the management of contaminated land a What is the chain of liability (Polluter Land owner Last operator
Occupier) Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the
04052012 633
law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination)
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified Installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
b If there is a difference between new and historic contamination please precise
In terms of regulation new contamination should be prevented (article 1 of the IPPC law) If prevention fails the new contamination should be treated under the plant authorisation permit In terms of technical principles new and historical contamination should be considered under the risk based approach as previously presented
The Environmental Code states that at the end of the operation the site must be cleaned up in order to not endanger the environment human health safety sanitation etc and to allow a future use of the site as decided by the Mayor and the operator or the owner of the site if there is no operator Should these parties not find an agreement on the level of clean-up such level would have to allow a use comparable to the use of the latest operating period except if such use is not consistent with the use stated by the applicable zoning documents In such a case a sensitive use level of remediation may be required
c Can a responsible party pass on the liability to a purchaser (Under statutory law Contractually)
Yes Please see 5a
d Is liability on environmental damage extinguished when clean up of the site is completed
No Please see 5a
04052012 733
6 Are there any specifications at regional local level If yes provide some detail
For contaminated sites the Prefect is assisted by the Inspectors of Classified Installations who monitorcontrol industrial activities and usually work within the Regional Directorates of the Environment Land-Use Planning and Housing (DREAL)
The actors involved in water protection are different from those involved in contaminated-land management At the national level the Ministry in charge of the environment is in charge of protecting water resources At the local level the Prefects are assisted by inspectors in various regional offices (DDAF DDE) Six regional Water Agencies covering the major river basins have 5 specific missions
ensure the balance between water resources and needs
reach the quality objectives set by regulations
improve and increase the usable resources within the basin
protect resources from flooding and pollution
coordinate general actions within the river basin such as
o instrumentation and measuring
o assistance for water recycling and savings
o public information etc
Brownfield sites have been of considerable interest in some former industrial French regions since the 1970s (in particular in Lorraine and Nord-Pas de Calais) and more recently in other regions because of extensive urban development (Paris and Icircle-de-France Rhocircne-Alpes) Most of the available information on brownfield management (regional procedures location of brownfields regional databases examples of site reclamation etc) is provided by regional authorities or the specific redevelopment agencies established in these regions (EPF Lorraine Nord-Pas de Calais Ouest Rhocircne-Alpes etc) Various issues have been addressed ndash inventories of brownfield sites suitability of sites for future use (when sites are not considered to be contaminated) site reclamation ndash depending on the situations encountered in the various regions In a first approximation about 200000 former industrial and service sites and about 200 former mines are now brownfields It is estimated that industrial brownfields in these regions cover about 20000 ha As expected this land is concentrated in the traditional industrial areas in Northern and Eastern France especially in the Nord-Pas de Calais region (9400 ha) and Lorraine (2500 ha) Most of the brownfield sites cover more than 10 ha and are located in suburban areas or around cities The
04052012 833
number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 333
LEGAL FRAMEWOK
4 Legislation with respect to contaminated land management a If your country has legislation on contaminated land management
please precise if itrsquos a specific or a common legislation
In France there is no specific legislation on the protection of contaminated land However certain articles of the Environmental Code (in particular articles L 511-1 subs L 512-7 and L 512-17) which deal with classified facilities for the purpose of environmental protection directly or indirectly refer to the prevention and the sanction of contaminated land The only law for managing the remediation of soil contaminated by industry was that of July 19 1976 concerning Classified Installations (included in September 2000 in the Environment Code) and its application decree of September 21 1977 (see below) Previously the first general text regulating installations that are sources of nuisances or risks was the imperial decree of October 15 1810 which established three classes for factories and workshops that emitted unhealthy or offensive odours The law of December 19 1917 concerning dangerous unhealthy and disruptive establishments revised these regulations by replacing the authorization required for the 3rd class with a declaration The law of July 19 1976 concerning Classified Installations for the Protection of the Environment updated the law of 1917 notably by extending its scope to include all installations regardless of their legal status and increasing the governmentrsquos powers of action It was significantly modified by the laws of July 3 1985 in particular notably increasing penalties of July 22 1987 concerning major risks of July 13 1992 (2 laws) concerning waste and genetically modified organisms of January 4 1993 concerning quarries and of February 2 1995 concerning the strengthening of the Protection of the Environment of July 30 2003 concerning industrial risks On September 21 2000 it was assimilated into the Environment Act National policy and the measures to be applied are defined in circulars issued by the Minister in charge of the environment to the Prefects of the departments (who represent the central government) The Decree of September 13 2005 concerning derelict Classified Installations describes how to carry out quantitative risk assessments execute industrial site security and risk management measures undertake site remediation with the best available techniques under acceptable economic conditions depending on future use and implement usage restrictions Other important regulatory documents that address contaminated sites are
Law of July 15 1975 concerning Waste disposal and material recovery
Law of July 19 1976 concerning Environmental permits for Classified Installations for the Protection of the Environment (ldquoICPE lawrdquo)
04052012 433
Law of January 1992 concerning Water resource management and protection (ldquoWater lawrdquo)
Law of July 13 1992 concerning Municipal solid waste management
Law of February 2 1995 concerning the Funding of orphan sites In 2007 new circulars came into effect in order to update the methodology for managing contaminated sites and soils
Ministry of Ecology Memorandum of February 8 2007 concerning Contaminated sites and soil - Contaminated site management and remediation procedures
Ministry of Ecology Circular of February 8 2007 concerning Classified Installations - Prevention of soil contamination ndash Contaminated land management
Other circulars for Classified Installations concerning the chain of liability orphan sites and the remediation of contaminated sites for facilities where sensitive populations gather also came into effect on February 8 2007
b If there is no legislation please precise how you tackle the problem
c What are the main policy objectives Land contaminated by industrial activities over the past two centuries has been a major concern for at least 20 years The French policy for dealing with this issue was developed within the framework of the Classified Installations (ICPE) Law Its principles and implementation are very similar to those of other European countries The policy is backed by actions 10 and 11 of the National Health and Environment Plan (PNSE 2004-2008)
Action 10 Improve drinking water quality by protecting drinking water supply wells from point-source and diffuse pollution
Action 11 Reduce water and soil contamination due to pesticides and potentially dangerous substances
httpwwwsantegouvfrhtmdossierspnserapportpdf This policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
04052012 533
d What are the principles on which the national policy is based (Ie risk based approach remediation on a fit for use principle etc)
French policy in the field of contaminated sites and soil is based on a limited number of principles that make it possible to deal with the problem in a clear and logical manner
an active prevention of future contamination
a thorough knowledge accessible to all of potential risks
a suitable treatment of the site in terms of its real impact on the environment and its planned use based on a detailed risk assessment
The basic principles of the French approach are
The precautionary principle (defined in Law no 95-101 of February 2 1995) which states that the uncertainty inherent in current scientific and technical knowledge should not delay the adoption of measures intended to prevent the risk of serious and irreversible damage to the environment at an acceptable cost
The proportionality principle which ensures that the degree of detail of the study is consistent with the extent of the contamination and its predictable effects This generally leads to the use of an iterative procedure ndash prior understanding of a site can be extremely useful for the optimal design of the necessary studies and work
The specificity principle which states that remediation work should eliminate the development or persistence of risks or harm to humans or other identified targets (ecosystems water resources etc) The aim of remediation is therefore determined on a case-by-case basis using a site-specific approach based on the assessment of the potential risks and on the owneroperators intended use of the site (a so-called functional and specific approach)
The transparency principle which aims at imposing rules so that choices (working hypotheses tools used degree of detail understanding residual uncertainties etc) inherent in the risk assessment procedure are presented explained and discussed in particular when the stakeholders work together
These principles are based on the observation that the fundamental problem is the risk of the transport of pollutants towards identified targets Various tools have been developed for addressing the problems that commonly arise when managing polluted sites and soil in particular those concerning the identification of sites presenting the greatest risk their study and if necessary their remediation
5 Liability for the management of contaminated land a What is the chain of liability (Polluter Land owner Last operator
Occupier) Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the
04052012 633
law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination)
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified Installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
b If there is a difference between new and historic contamination please precise
In terms of regulation new contamination should be prevented (article 1 of the IPPC law) If prevention fails the new contamination should be treated under the plant authorisation permit In terms of technical principles new and historical contamination should be considered under the risk based approach as previously presented
The Environmental Code states that at the end of the operation the site must be cleaned up in order to not endanger the environment human health safety sanitation etc and to allow a future use of the site as decided by the Mayor and the operator or the owner of the site if there is no operator Should these parties not find an agreement on the level of clean-up such level would have to allow a use comparable to the use of the latest operating period except if such use is not consistent with the use stated by the applicable zoning documents In such a case a sensitive use level of remediation may be required
c Can a responsible party pass on the liability to a purchaser (Under statutory law Contractually)
Yes Please see 5a
d Is liability on environmental damage extinguished when clean up of the site is completed
No Please see 5a
04052012 733
6 Are there any specifications at regional local level If yes provide some detail
For contaminated sites the Prefect is assisted by the Inspectors of Classified Installations who monitorcontrol industrial activities and usually work within the Regional Directorates of the Environment Land-Use Planning and Housing (DREAL)
The actors involved in water protection are different from those involved in contaminated-land management At the national level the Ministry in charge of the environment is in charge of protecting water resources At the local level the Prefects are assisted by inspectors in various regional offices (DDAF DDE) Six regional Water Agencies covering the major river basins have 5 specific missions
ensure the balance between water resources and needs
reach the quality objectives set by regulations
improve and increase the usable resources within the basin
protect resources from flooding and pollution
coordinate general actions within the river basin such as
o instrumentation and measuring
o assistance for water recycling and savings
o public information etc
Brownfield sites have been of considerable interest in some former industrial French regions since the 1970s (in particular in Lorraine and Nord-Pas de Calais) and more recently in other regions because of extensive urban development (Paris and Icircle-de-France Rhocircne-Alpes) Most of the available information on brownfield management (regional procedures location of brownfields regional databases examples of site reclamation etc) is provided by regional authorities or the specific redevelopment agencies established in these regions (EPF Lorraine Nord-Pas de Calais Ouest Rhocircne-Alpes etc) Various issues have been addressed ndash inventories of brownfield sites suitability of sites for future use (when sites are not considered to be contaminated) site reclamation ndash depending on the situations encountered in the various regions In a first approximation about 200000 former industrial and service sites and about 200 former mines are now brownfields It is estimated that industrial brownfields in these regions cover about 20000 ha As expected this land is concentrated in the traditional industrial areas in Northern and Eastern France especially in the Nord-Pas de Calais region (9400 ha) and Lorraine (2500 ha) Most of the brownfield sites cover more than 10 ha and are located in suburban areas or around cities The
04052012 833
number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 433
Law of January 1992 concerning Water resource management and protection (ldquoWater lawrdquo)
Law of July 13 1992 concerning Municipal solid waste management
Law of February 2 1995 concerning the Funding of orphan sites In 2007 new circulars came into effect in order to update the methodology for managing contaminated sites and soils
Ministry of Ecology Memorandum of February 8 2007 concerning Contaminated sites and soil - Contaminated site management and remediation procedures
Ministry of Ecology Circular of February 8 2007 concerning Classified Installations - Prevention of soil contamination ndash Contaminated land management
Other circulars for Classified Installations concerning the chain of liability orphan sites and the remediation of contaminated sites for facilities where sensitive populations gather also came into effect on February 8 2007
b If there is no legislation please precise how you tackle the problem
c What are the main policy objectives Land contaminated by industrial activities over the past two centuries has been a major concern for at least 20 years The French policy for dealing with this issue was developed within the framework of the Classified Installations (ICPE) Law Its principles and implementation are very similar to those of other European countries The policy is backed by actions 10 and 11 of the National Health and Environment Plan (PNSE 2004-2008)
Action 10 Improve drinking water quality by protecting drinking water supply wells from point-source and diffuse pollution
Action 11 Reduce water and soil contamination due to pesticides and potentially dangerous substances
httpwwwsantegouvfrhtmdossierspnserapportpdf This policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
04052012 533
d What are the principles on which the national policy is based (Ie risk based approach remediation on a fit for use principle etc)
French policy in the field of contaminated sites and soil is based on a limited number of principles that make it possible to deal with the problem in a clear and logical manner
an active prevention of future contamination
a thorough knowledge accessible to all of potential risks
a suitable treatment of the site in terms of its real impact on the environment and its planned use based on a detailed risk assessment
The basic principles of the French approach are
The precautionary principle (defined in Law no 95-101 of February 2 1995) which states that the uncertainty inherent in current scientific and technical knowledge should not delay the adoption of measures intended to prevent the risk of serious and irreversible damage to the environment at an acceptable cost
The proportionality principle which ensures that the degree of detail of the study is consistent with the extent of the contamination and its predictable effects This generally leads to the use of an iterative procedure ndash prior understanding of a site can be extremely useful for the optimal design of the necessary studies and work
The specificity principle which states that remediation work should eliminate the development or persistence of risks or harm to humans or other identified targets (ecosystems water resources etc) The aim of remediation is therefore determined on a case-by-case basis using a site-specific approach based on the assessment of the potential risks and on the owneroperators intended use of the site (a so-called functional and specific approach)
The transparency principle which aims at imposing rules so that choices (working hypotheses tools used degree of detail understanding residual uncertainties etc) inherent in the risk assessment procedure are presented explained and discussed in particular when the stakeholders work together
These principles are based on the observation that the fundamental problem is the risk of the transport of pollutants towards identified targets Various tools have been developed for addressing the problems that commonly arise when managing polluted sites and soil in particular those concerning the identification of sites presenting the greatest risk their study and if necessary their remediation
5 Liability for the management of contaminated land a What is the chain of liability (Polluter Land owner Last operator
Occupier) Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the
04052012 633
law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination)
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified Installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
b If there is a difference between new and historic contamination please precise
In terms of regulation new contamination should be prevented (article 1 of the IPPC law) If prevention fails the new contamination should be treated under the plant authorisation permit In terms of technical principles new and historical contamination should be considered under the risk based approach as previously presented
The Environmental Code states that at the end of the operation the site must be cleaned up in order to not endanger the environment human health safety sanitation etc and to allow a future use of the site as decided by the Mayor and the operator or the owner of the site if there is no operator Should these parties not find an agreement on the level of clean-up such level would have to allow a use comparable to the use of the latest operating period except if such use is not consistent with the use stated by the applicable zoning documents In such a case a sensitive use level of remediation may be required
c Can a responsible party pass on the liability to a purchaser (Under statutory law Contractually)
Yes Please see 5a
d Is liability on environmental damage extinguished when clean up of the site is completed
No Please see 5a
04052012 733
6 Are there any specifications at regional local level If yes provide some detail
For contaminated sites the Prefect is assisted by the Inspectors of Classified Installations who monitorcontrol industrial activities and usually work within the Regional Directorates of the Environment Land-Use Planning and Housing (DREAL)
The actors involved in water protection are different from those involved in contaminated-land management At the national level the Ministry in charge of the environment is in charge of protecting water resources At the local level the Prefects are assisted by inspectors in various regional offices (DDAF DDE) Six regional Water Agencies covering the major river basins have 5 specific missions
ensure the balance between water resources and needs
reach the quality objectives set by regulations
improve and increase the usable resources within the basin
protect resources from flooding and pollution
coordinate general actions within the river basin such as
o instrumentation and measuring
o assistance for water recycling and savings
o public information etc
Brownfield sites have been of considerable interest in some former industrial French regions since the 1970s (in particular in Lorraine and Nord-Pas de Calais) and more recently in other regions because of extensive urban development (Paris and Icircle-de-France Rhocircne-Alpes) Most of the available information on brownfield management (regional procedures location of brownfields regional databases examples of site reclamation etc) is provided by regional authorities or the specific redevelopment agencies established in these regions (EPF Lorraine Nord-Pas de Calais Ouest Rhocircne-Alpes etc) Various issues have been addressed ndash inventories of brownfield sites suitability of sites for future use (when sites are not considered to be contaminated) site reclamation ndash depending on the situations encountered in the various regions In a first approximation about 200000 former industrial and service sites and about 200 former mines are now brownfields It is estimated that industrial brownfields in these regions cover about 20000 ha As expected this land is concentrated in the traditional industrial areas in Northern and Eastern France especially in the Nord-Pas de Calais region (9400 ha) and Lorraine (2500 ha) Most of the brownfield sites cover more than 10 ha and are located in suburban areas or around cities The
04052012 833
number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 533
d What are the principles on which the national policy is based (Ie risk based approach remediation on a fit for use principle etc)
French policy in the field of contaminated sites and soil is based on a limited number of principles that make it possible to deal with the problem in a clear and logical manner
an active prevention of future contamination
a thorough knowledge accessible to all of potential risks
a suitable treatment of the site in terms of its real impact on the environment and its planned use based on a detailed risk assessment
The basic principles of the French approach are
The precautionary principle (defined in Law no 95-101 of February 2 1995) which states that the uncertainty inherent in current scientific and technical knowledge should not delay the adoption of measures intended to prevent the risk of serious and irreversible damage to the environment at an acceptable cost
The proportionality principle which ensures that the degree of detail of the study is consistent with the extent of the contamination and its predictable effects This generally leads to the use of an iterative procedure ndash prior understanding of a site can be extremely useful for the optimal design of the necessary studies and work
The specificity principle which states that remediation work should eliminate the development or persistence of risks or harm to humans or other identified targets (ecosystems water resources etc) The aim of remediation is therefore determined on a case-by-case basis using a site-specific approach based on the assessment of the potential risks and on the owneroperators intended use of the site (a so-called functional and specific approach)
The transparency principle which aims at imposing rules so that choices (working hypotheses tools used degree of detail understanding residual uncertainties etc) inherent in the risk assessment procedure are presented explained and discussed in particular when the stakeholders work together
These principles are based on the observation that the fundamental problem is the risk of the transport of pollutants towards identified targets Various tools have been developed for addressing the problems that commonly arise when managing polluted sites and soil in particular those concerning the identification of sites presenting the greatest risk their study and if necessary their remediation
5 Liability for the management of contaminated land a What is the chain of liability (Polluter Land owner Last operator
Occupier) Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the
04052012 633
law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination)
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified Installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
b If there is a difference between new and historic contamination please precise
In terms of regulation new contamination should be prevented (article 1 of the IPPC law) If prevention fails the new contamination should be treated under the plant authorisation permit In terms of technical principles new and historical contamination should be considered under the risk based approach as previously presented
The Environmental Code states that at the end of the operation the site must be cleaned up in order to not endanger the environment human health safety sanitation etc and to allow a future use of the site as decided by the Mayor and the operator or the owner of the site if there is no operator Should these parties not find an agreement on the level of clean-up such level would have to allow a use comparable to the use of the latest operating period except if such use is not consistent with the use stated by the applicable zoning documents In such a case a sensitive use level of remediation may be required
c Can a responsible party pass on the liability to a purchaser (Under statutory law Contractually)
Yes Please see 5a
d Is liability on environmental damage extinguished when clean up of the site is completed
No Please see 5a
04052012 733
6 Are there any specifications at regional local level If yes provide some detail
For contaminated sites the Prefect is assisted by the Inspectors of Classified Installations who monitorcontrol industrial activities and usually work within the Regional Directorates of the Environment Land-Use Planning and Housing (DREAL)
The actors involved in water protection are different from those involved in contaminated-land management At the national level the Ministry in charge of the environment is in charge of protecting water resources At the local level the Prefects are assisted by inspectors in various regional offices (DDAF DDE) Six regional Water Agencies covering the major river basins have 5 specific missions
ensure the balance between water resources and needs
reach the quality objectives set by regulations
improve and increase the usable resources within the basin
protect resources from flooding and pollution
coordinate general actions within the river basin such as
o instrumentation and measuring
o assistance for water recycling and savings
o public information etc
Brownfield sites have been of considerable interest in some former industrial French regions since the 1970s (in particular in Lorraine and Nord-Pas de Calais) and more recently in other regions because of extensive urban development (Paris and Icircle-de-France Rhocircne-Alpes) Most of the available information on brownfield management (regional procedures location of brownfields regional databases examples of site reclamation etc) is provided by regional authorities or the specific redevelopment agencies established in these regions (EPF Lorraine Nord-Pas de Calais Ouest Rhocircne-Alpes etc) Various issues have been addressed ndash inventories of brownfield sites suitability of sites for future use (when sites are not considered to be contaminated) site reclamation ndash depending on the situations encountered in the various regions In a first approximation about 200000 former industrial and service sites and about 200 former mines are now brownfields It is estimated that industrial brownfields in these regions cover about 20000 ha As expected this land is concentrated in the traditional industrial areas in Northern and Eastern France especially in the Nord-Pas de Calais region (9400 ha) and Lorraine (2500 ha) Most of the brownfield sites cover more than 10 ha and are located in suburban areas or around cities The
04052012 833
number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 633
law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination)
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified Installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
b If there is a difference between new and historic contamination please precise
In terms of regulation new contamination should be prevented (article 1 of the IPPC law) If prevention fails the new contamination should be treated under the plant authorisation permit In terms of technical principles new and historical contamination should be considered under the risk based approach as previously presented
The Environmental Code states that at the end of the operation the site must be cleaned up in order to not endanger the environment human health safety sanitation etc and to allow a future use of the site as decided by the Mayor and the operator or the owner of the site if there is no operator Should these parties not find an agreement on the level of clean-up such level would have to allow a use comparable to the use of the latest operating period except if such use is not consistent with the use stated by the applicable zoning documents In such a case a sensitive use level of remediation may be required
c Can a responsible party pass on the liability to a purchaser (Under statutory law Contractually)
Yes Please see 5a
d Is liability on environmental damage extinguished when clean up of the site is completed
No Please see 5a
04052012 733
6 Are there any specifications at regional local level If yes provide some detail
For contaminated sites the Prefect is assisted by the Inspectors of Classified Installations who monitorcontrol industrial activities and usually work within the Regional Directorates of the Environment Land-Use Planning and Housing (DREAL)
The actors involved in water protection are different from those involved in contaminated-land management At the national level the Ministry in charge of the environment is in charge of protecting water resources At the local level the Prefects are assisted by inspectors in various regional offices (DDAF DDE) Six regional Water Agencies covering the major river basins have 5 specific missions
ensure the balance between water resources and needs
reach the quality objectives set by regulations
improve and increase the usable resources within the basin
protect resources from flooding and pollution
coordinate general actions within the river basin such as
o instrumentation and measuring
o assistance for water recycling and savings
o public information etc
Brownfield sites have been of considerable interest in some former industrial French regions since the 1970s (in particular in Lorraine and Nord-Pas de Calais) and more recently in other regions because of extensive urban development (Paris and Icircle-de-France Rhocircne-Alpes) Most of the available information on brownfield management (regional procedures location of brownfields regional databases examples of site reclamation etc) is provided by regional authorities or the specific redevelopment agencies established in these regions (EPF Lorraine Nord-Pas de Calais Ouest Rhocircne-Alpes etc) Various issues have been addressed ndash inventories of brownfield sites suitability of sites for future use (when sites are not considered to be contaminated) site reclamation ndash depending on the situations encountered in the various regions In a first approximation about 200000 former industrial and service sites and about 200 former mines are now brownfields It is estimated that industrial brownfields in these regions cover about 20000 ha As expected this land is concentrated in the traditional industrial areas in Northern and Eastern France especially in the Nord-Pas de Calais region (9400 ha) and Lorraine (2500 ha) Most of the brownfield sites cover more than 10 ha and are located in suburban areas or around cities The
04052012 833
number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 733
6 Are there any specifications at regional local level If yes provide some detail
For contaminated sites the Prefect is assisted by the Inspectors of Classified Installations who monitorcontrol industrial activities and usually work within the Regional Directorates of the Environment Land-Use Planning and Housing (DREAL)
The actors involved in water protection are different from those involved in contaminated-land management At the national level the Ministry in charge of the environment is in charge of protecting water resources At the local level the Prefects are assisted by inspectors in various regional offices (DDAF DDE) Six regional Water Agencies covering the major river basins have 5 specific missions
ensure the balance between water resources and needs
reach the quality objectives set by regulations
improve and increase the usable resources within the basin
protect resources from flooding and pollution
coordinate general actions within the river basin such as
o instrumentation and measuring
o assistance for water recycling and savings
o public information etc
Brownfield sites have been of considerable interest in some former industrial French regions since the 1970s (in particular in Lorraine and Nord-Pas de Calais) and more recently in other regions because of extensive urban development (Paris and Icircle-de-France Rhocircne-Alpes) Most of the available information on brownfield management (regional procedures location of brownfields regional databases examples of site reclamation etc) is provided by regional authorities or the specific redevelopment agencies established in these regions (EPF Lorraine Nord-Pas de Calais Ouest Rhocircne-Alpes etc) Various issues have been addressed ndash inventories of brownfield sites suitability of sites for future use (when sites are not considered to be contaminated) site reclamation ndash depending on the situations encountered in the various regions In a first approximation about 200000 former industrial and service sites and about 200 former mines are now brownfields It is estimated that industrial brownfields in these regions cover about 20000 ha As expected this land is concentrated in the traditional industrial areas in Northern and Eastern France especially in the Nord-Pas de Calais region (9400 ha) and Lorraine (2500 ha) Most of the brownfield sites cover more than 10 ha and are located in suburban areas or around cities The
04052012 833
number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 833
number of brownfields has not decreased in the last decade despite active reclamation The activity of the revitalisation agencies (EPFs see below) seems therefore to regulate the flux between successful reclamation projects and new brownfields resulting from the closure of industrial plants In France the management of former megasites is mainly coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) Six National EPF depend on government funding for specific regions
The Agence Fonciegravere et Technique de la Reacutegion Parisienne (AFTRP) created in 1962
The EPF Normandie created in 1968
The EPF Lorraine created in 1973
The EPF Nord-Pas-de-Calais created in 1990
The EPF Ouest Rhocircne-Alpes (EPORA) created in 1998
The EPF ProvenceAlpesCocircte drsquoAzur (EPF PACA) created in 2001
Seven local EPF were created in 1991
EPF SMAF - Syndicat Mixte drsquoAction Fonciegravere (Puy de Docircme)
EPAFAB - Etablissement Public drsquoAction Fonciegravere drsquoArgenteuil-Bezons (Val drsquoOise)
EPAG - Etablissement Public drsquoAmeacutenagement de la Guyane
EPFR - Etablissement Public Foncier de la Reacuteunion
EPFLRG - Etablissement Public Foncier Local de la reacutegion grenobloise
EPFLCC - Etablissement Public Foncier Local des Collectiviteacutes de Cocircte drsquoOr
EPFHS - Etablissement Public Foncier de Haute-Savoie There are also other local Agencies under the auspices of the Departmental General Councils (Conseils Geacuteneacuterals) the Agence Fonciegravere Deacutepartementale de lrsquoHeacuterault and the AFD - Agence Fonciegravere du Doubs Two agencies have been created to develop urban areas near the coast in Guadeloupe and Martinique
In France long-term policies and programmes exist in the traditional industrial regions led by Lorraine Since the 1980s within the framework of national planning contracts (contrats de plan) funded jointly by the central government the regions and the EU specific brownfield reclamation programmes have been developed It was important to create a new economic base and modernize urban and infrastructure structures that had previously been geared exclusively to industrial use Altogether 3350 ha of derelict industrial land had to be reclaimed between 1987 and 1998 Due to the regional predominance of derelict land a joint intervention of national regional and local actors was necessary As it was clear from the beginning that it would not
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 933
be possible to immediately find new uses for all of these sites the strategy developed in 1986 concentrated on the rapid improvement of ecological conditions by means of large-scale landscape treatment projects Preparation of the land for new uses which is much more costly will be a medium- and long-term task Therefore all efforts were focussed on overcoming the negative image created by brownfields Subsequently the land is to be managed on a regional level and in individual cases is left to the open real estate market The executive body of this part of the programme is the regional Public Land Management Authority (Establishment Public Foncier de la Meacutetropole Lorraine EPML 1996) An example of the French policy can be found on the EPFL web site EPML was entrusted with carrying out this strategy Since 1970 EPML which was created by the French government to implement land policies with local authorities has been undertaking planning and development tasks httpwwwepf-lorraineorgEPFaspx Similar bodies exist in other regions Nord-Pas de Calais Basse Seine Ouest Rhocircne-Alpes etc Others initiatives have been developed in the regions For example MBM (Mission Bassin Minier httpwwwmissionbassinminierorg) contributed to the implementation of management tools based on citizen participation in Nord-Pas de Calais Existing tools (eg Urban Workshops Permanent conferences Inhabitants participation fund) have therefore been tested by MBM at a European level within the framework of the European Commissions 5th Framework Programme RESCUE (httpwwwrescue-europecom) Many Good practices (methodological guidelines and references) have been compiled by MBM in a Citizen participation manual within the RESCUE partnership
7 Are there specifications for site closure If yes provide some detail (Ie
remediation on a risk based approach for a specific land use hellip) The French policy focuses on two main concepts
Risk analysis and management rather than consideration of an intrinsic level of pollution
Management based on the use of the site
For Classified installations and mines specific regulation exists in case of site closure
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1033
can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Mining Code for former mines (Mining Code recently modified to take into account the cessation of mining activity and the closure of mines)
8 Is there any legal requirement to conduct investigation for potential
contamination in the transfer of property If yes provide some detail
A) if itrsquos an industrial site (classified as ICPE) the sale is managed under the ICPE legal framework As regulated in the 21091977 decree the sale is covered by an ldquoArrecircteacute preacutefectoralrdquo (specific site act) dealing with all remedial issues including
a Evacuation or elimination of all hazardous substances including existing wastes if the site is not a classified waste storage installation
b Prohibition or limitation of access to the site c Suppression of risks linked to fire and explosions d Monitoring of the effects of the industrial activities on its environment e if necessary a management plan (see national portal ndash plan de gestion)
At the end of the operation the clean-up of the site by the operator is mandatory sites must be left in a state that does not represent nuisance or danger to the environment If there is a proven risk of nuisancedamage to the environment the Prefect may order a diagnosis and an evaluation of the nuisancedamage If there is a risk for any target (existing or linked to future land use) the Prefect may request a clean-up Please note that during the operation diagnosis and soil surveys are generally requested when modifications or extensions are declared
The seller of land on which a classified installation subject to authorization has been operated must inform the purchaser of that characteristic and of any known danger to the environment But the buyer must verify if itrsquos sufficient for assessing risks for its own project For more information see
httpwwwdeveloppement-durablegouvfrIMGecologiepptLOGIGRAMME_13-sept-2005ppt
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1133
httpwwwenvironnementccipfrThematiqueICPE-et-Sites-et-solsVie-d-une-ICPEFonctionnement-d-une-ICPEFin-de-vie-de-l-ICPE
B) If the site is not a classified industrial plant there is no mandatory provision for
investigation There are usually covered by sale contracts between private
actors in which the salesman must sell a good without latent defects and the
purchaser must ensure himself that he takes the necessary measures to
acquire a good in all full knowledge
The civil liability of the salesman or of the purchaser the Land Planning code the
local land planning established by the territorial Authorities can be called upon in this
type of transaction If the site is not used for a classified activity the mayor can also order diagnosis or remediation works within the Waste law frame if any suspicion of abandoned wastes
9 If your national policy has any kind of inventories please precise which sites are registered and if the databases are public
A policy of risk management according to use is viable only if procedures are developed to preserve reliable and lasting records of contamination and make this information available to all of the actors involved The objective is to provide all actors with all of the elements needed for taking suitable precautions in the event of subsequent changes in site usage Two public procedures have been implemented
The inventory of contaminated (or potentially contaminated) sites and soil requiring government action for prevention or remediation BASOL - Base de donneacutees sur les sites et sols pollueacutes (ou potentiellement pollueacutes) appelant une action des pouvoirs publics agrave titre preacuteventif ou curatif httpbasolecologiegouvfr
The inventory of former industrial sites and service activities BASIAS - Inventaire des anciens sites industriels et des activiteacutes de service httpbasiasbrgmfr Please note that at this stage of investigation there is usually no indication of existence of pollution on these ldquoBasiasrdquo sites Some recorded sites are reclaimed and redeveloped and as such may not be considered as existing brownfields There is no database covering strictly brownfield sites
Collective memory measures consist in gathering data and disseminating information to a large audience (via the Internet for example) Continuing input into
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1233
BASIASs historical inventories (httpbasiasbrgmfr) and periodically updating BASOL (httpbasolecologiegouvfr) remain priority actions
Individual memory measures make it possible for a given site to keep records of pollution and the remediation actions undertaken and to determine uses that are compatible with any residual pollution Usage restrictions must be implemented when contaminated soil is discovered or left in place Proposed uses must present acceptable risks for local populations depending on the situations encountered and must make it possible to manage and control any environmental impacts These measures may evolve if appropriate studies and work are done
The creation and management of information management systems supervised by the central government are governed by laws and regulations For example for the creation and management of BASIAS
Ministerial Order of December 10 1998 concerning the Creation of a database for former industrial sites and service activities httpwwwinerisfraidaq=consult_docconsultation22501902882233
Circular DPPRSEIBPSEDE no 99-316 of April 26 1999 concerning the Diffusion of historical and regional inventories of former industrial sites httpwwwinerisfraidaq=consult_docconsultation22501902883343
10 What are the strong weak points and the major bottlenecks with respect to
the current legislation in your country Strong points
1 Strong national policy for the management of pollution generated by industrial activities (and since a very long time) with a distinction between the management of new contamination (to be prevented and immediately remediated in case of failure of preventive measures) and historical pollution (on a risk basis)
2 Execution of national policy at a local level for taking care of local conditions and solutions
3 National policy based on risk assessment and risk management (including cost-benefit analysis) taking into consideration long-term issues (for land planning and environmental media protection) in a tiered approach for a better fund consumption with a control of measures efficiency
4 Management plan for remediating sites includes also water resources protection
5 Existence of public national databases on former industrial activities and known contaminated sites for informing stakeholders and buyers
Weak point
1 Management of contaminated sites not covered by ICPE legal frame (ie manmade soil areas)
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1333
2 Management of excavated soil in urban areas the land market being the main driver for remediation in France
3 Management of sites without legal liable party 4 Management of areas impacted by several sites plumes etc 5 Update of the existing databases
Bottlenecks
1 Transfer of liability for residual actions when a land plannernew owner is acting on behalf of former liable parties
2 How to stop control measures
11 What couldshould be highlighted at the European level to improve the current legislationpolicy (cf discussions around the proposal of Soil Framework Directive ndash proposal 764309)
The most important aspects are
The necessary global vision of the Soil Protection Policy that should also integrate the other media (air and water)
A better traceability of pollution on sites during the land sale transactions
A tiered risk based approach for finding better solutions at local and global scales
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1433
TECHNICAL ISSUES RELATED TO THE LEGAL FRAMEWORK
12 Are there site investigation requirements
A contaminated site represents a risk for the population only if all of the three following elements are present
a source of contamination (Source)
a target population that is exposed to the contamination (Receptor)
a transfer pathway towards humans andor the environment (Pathway) The French Policy for contaminated sites seeks therefore to
prevent future contamination
ensure the safety of recently discovered contaminated sites by acting immediately to confine the site (eliminate all substances that might cause fire explosion or pollution) and monitoring groundwater
assess monitor and mitigate impact
treat and remediate the site in a manner suitable to its use and perpetuate this use
keep records of contamination and involve all stakeholders The information most-readily available during site investigations is usually related to the last known activities (eg agriculture industry dump) The other families of pollutants that may be present in the soil must be deduced from the history of the site When the sites history is not well known a more extensive study is done to identify as many of the contaminants related to industrial activities as possible and quantify those detected in the soil This can be done using matrices of activities and pollutants developed for potentially contaminated site management
13 Is Risk Assessment amp Management the main tool Yes See the ldquoSites et sols pollueacutesrdquo section of the French ministry for Sustainable Development web site httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1533
14 Technical approaches used
a Are there specific technical approaches used for assessing risks andor setting environmental quality objectives for the protection of Human Health (HH) Ecosystems Groundwater (GW) Surface waters (SW)
HH Risk assessment can be done using the French Toxicological and Environmental data provided by the National Institute for the Environment and Industrial Risk (INERIS - httpwwwinerisfr) (3) The National Health and Environment Plan (PNSE 2004-2008) has focused some actions on specific contaminants
Action 11 Reduce water and soil pollution caused by pesticides and some potentially dangerous substances (pharmaceutical drugs hormone disrupting chemicals etc)
Action 12 Prevent and reduce the specific risk due to exposure to mercury in French Guiana and to pesticides in Guadeloupe and Martinique
httpwwwsantegouvfrhtmdossierspnserapportpdf Since 2004 the Ministry in charge of the environment has led a National Action to determine the impact on soils of lead emitted by industry (httpwwwdeveloppement-durablegouvfrSites-et-sols-pollues-ouhtml) The French government has published methodological guidelines and techniques in order to make its contaminated-land approach coherent and homogeneous The diagnostic approach is based on soil sampling and analysis for pollutant determination Gathering reliable pollutant concentration data is an important step in the French risk assessment method as this information is used at various stages of the study
bull to identify sources of soil contamination bull to estimate the concentrations to which local populations are exposed on or near the site bull to verify that remediation goals have been reached
ECOSYSTEM The Management Quality Assessment approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
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Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1633
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
GW ndash SW Only from a sanitary point of view
b Are other damages considered (Ie to buildings infrastructureshellip) Yes they are considered by the Management Plan The Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management Controlling the sources of pollution is a fundamental aspect of the Management Plan
It contributes to reducing the emission of substances responsible for chronic exposure of local populations
It contributes to the continuous improvement of the media
Therefore first and foremost all possible means of eliminating the sources of pollution and their impacts must be sought
c Are technical approaches used on a site by site specific approach or by derivation of guideline values
In recent years working groups organized by the French Ministry in charge of the environment have developed methodological guidelines to facilitate the management of contaminated sites and soil These form a toolbox that can be used for addressing specific problems These technical documents were modified in 2007 in order to take into account experience feedback The new procedures make it possible to manage cases individually Generic references that take into account all possible environmental exposure scenarios provide a framework Two management steps have been identified
Step 1 Acquire knowledge and understanding the conceptual site model Step 2 Undertake actions when required (simple measures or a management plan)
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1733
Two site management procedures are recommended
1 If the future uses of the site have already been decided determine whether this use is compatible with the state of the environment (Media Quality Assessment (MQA) or Interpretation de leacutetat des milieux (IEM))
2 If uses can still be decided upon or the state of the environment can be improved remediate the site and develop a Management Plan
The proposed management approach takes into account the various possibilities for acting on uses and on the state of the media
The Media Quality Assessment (MQA) ensures that the state of the media is compatible with proposed uses
The Management Plan acts whenever possible on the state of the site (by modifications or remediation measures) or on the choice of uses
Depending on the situation these two tools can be used independently simultaneously or successively The execution of both the MQA and Management Plan procedures is broken down into two distinct stages First of all the state of the medium or the site is assessed and a conceptual site model -- proposed in management guidelines since 1996 ndash is developed Thereafter suitable actions are defined based on the results of the conceptual site model
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1833
Consistent with the current health and environmental management system the Media Quality Assessment aims to differentiate between situations where unrestricted use of the media is possible and those that are likely to pose a problem The MQA approach is a comprehensive management step The entire procedure is progressive and well-thought-out and is based primarily on measurements taken in the various exposure pathways likely to pose a problem This step entails comparing measured data with
background values for these media or those of nearby natural environments
current regulatory management values (eg Water Framework Directive Important Bird Area (ZICO) Natural Areas of Interest for their Ecology Fauna or Flora (ZNIEFF))
The Management Plan can be used for change-of-use projects on contaminated sites (whether or not they concern Classified Installations) It is also required for Classified Installations requiring authorization when plants are closed down or sites are remediated whether or not a similar use is planned The development of a Management Plan is a progressive and iterative process requiring knowledge of the media and their current state the populations concerned the natural resources to protect and the proposed uses in the case of a remediation project This includes
legal constraints of any nature
measures to control the sources of pollution measures to control impacts
the management of the excavated soil
various management measures remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
means of preserving the memory of the contamination (records) and usage restrictions (Basias httpbasiasbrgmfr Basol httpbasolecologiegouvfr)
monitoring and follow-up of the effectiveness of management measures These tools are supplemented by Residual Rik Analysis (RRA) which determines if uses are compatible with any residual pollution
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 1933
d Do you take into consideration others sources of pollution in the risk assessment (Ie air pollution high background levelshellip)
French guidelines aim to help place a site in its historical and environmental context and define its vulnerability in terms of soil pollution The guidelines should be seen as a tool box where methodological tools can be found for site investigation A site or a contaminated medium will present a risk only if the three following elements are all present
a source of available pollutants
transfer pathways these are the various media (soil surface water and groundwater crops intended for human or animal consumption) that when in contact with the source of pollution are contaminated and therefore become sources of contamination In some cases these media might propagate pollution without remaining polluted
receptors populations resources andor protected natural areas likely to be reached by pollution
If this combination is not attained pollution does not present a risk as long as it has been identified and records are kept of it Reports are not enough however and management actions must be implemented to preserve lasting records of any pollution and define the suitable actions to be undertaken if the uses of the media are modified If this combination (concomitance of the three elements source - transfer pathways - receptors) arises risks must be assessed in order to determine the possible modes of contamination and exposure times The possible modes of contamination and the exposure times of local populations to the pollutants are essential parameters for risk assessment They must be determined from investigations carried out for each site and all nearby media The exposure modes can be direct (ingestion of soil dust or water inhalation of gas coming from the soil or the groundwater or inhalation of dust) or indirect (ingestion of contaminated productsndash eg farm produce) The exposure times that are generally considered before potentially harmful sanitary effects are observed are several years (durations of more than 30 years are usually considered) For the population at large the problems created by contaminated sites and soil are related to the risk of chronic contamination rather than accidental (sudden) contamination On the other hand accidental contamination has very rapidly observable potential effects Modes of contamination such as soil ingestion by young children can however also produce rapidly observable effects on health ie after a few years or even months
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2033
15 If the national policy uses guideline values please precise the following points
According to the national methodology for contaminated land management (ministry note of February 8th 2007 and X31-620 national standard) which recommends a site specific approach there are no guidelines values for soil quality in France Nevertheless according to the Waste regulation (transposition of the revised Waste Directive) some threshold values related to the management of excavated soils have been derivated in order to ensure compatibility from the human health point of view between the quality of excavated soils and their reuse on a receiving site This compatibility must also be verified from the hydrogeological point of view according to a site specific approach Threshold values have been implemented for the most current substances (see 15c) but only when excavated soils are to be reused in the context of a development project and only after a specific validation for the local hydrogeological context
See also answer 20c
a Reasons for derivation of generic values (ie simplification of implementation harmonised approach at nationalregional level etc)
b Objectives levels of implementation (investigation risk assessment
remediation)
c Priority substances
Some of the threshold values implemented for the management of excavated soils were calculated after quantitative risk assessment and others are the result of a decision of the working group specifically settled to make proposals for the management of excavated soils These tthreshold values should be met for the following substances
Hydrocarbons C5-C10
Hydrocarbons C10-C40
Benzene
TEX (Toluene Ethylbenzene Xylenes)
Naphtalene
Tetrachloroethene
Trichloroethene
cis-Dichloroethene
Vinyl chloride
PCB (7)
Phenols et cresols (phenol index)
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2133
The approach for the development of thresholds values for excavated soils reuse is part of the contaminated land management policy defined by the Ministry of Sustainable Development (2007) applied to generic scenarii The proposed thresholds are based on the following steps
1 Development of a conceptual schema
2 Selection of substances
3 Modeling of exposure and of risk levels
4 Choice of levels of risk thresholds and calculation of thresholds values from a sanitary point of view (inverse computation)
5 Proposal of thresholds values incorporating notions of background noise in soils and management choices concerted with the Excavated soil working group
The Excavated soil working group has chosen for the simplicity of thresholds values and of the monitoring procedures to express thresholds values only with concentrations in soils The equivalent concentrations in soil air of the content limits calculated (before transformation into management thresholds values) are given in the INERIS report (Ndeg DRC-11-115732-09274B)
d Protocols of derivation (pathways and targets taken into consideration equations hellip)
16 Remediation
a What are the drivers for remediation First and foremost all possible means of eliminating the sources of pollution and their impacts must be sought If the sources of contamination are not controlled it is not economically or technically relevant to seek to control the impacts When it is shown that entirely eliminating the source under technically or economically acceptable conditions is not possible it is a question of guaranteeing that the impacts of emissions from the residual source or the residual exposure are acceptable for the local population and the environment Although controlling the sources makes it possible to limit the degradation of the media this might be insufficient in some cases for their use to be authorized without exposing humans to excessive risks In this case it is advisable to remediate the site initially by improving the quality of the media by means of a suitable Management Plan and if this is not sufficient by restricting the uses of the media or by taking precautionary measures suited to a new use This characteristic of the Management Plan is essential in situations where the uses of the media have already been decided Once the decision to remediate has been taken the French policy on contaminated land management does not impose means on the owner ndash only results The
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2233
remediation techniques to be used are not prescribed The best available techniques at the best economically acceptable cost should be chosen Once a remediation scenario has been decided upon by the government land owners and consultants the legal prescriptions must be followed Experience feedback from remediation sites sometimes shows dysfunctions in the actual execution of remediation work which can in the end turn out to be in nonconformity with the initially defined objectives Worksite supervision is therefore necessary in order to verify as the work progresses that management measures are executed as planned This must be done by a third party independent of the people in charge of the remediation In a given situation various remediation techniques can make it possible to reduce the levels of pollution and thereby reduce the risk compared to the intrinsic performance of each process However within a context of sustainable development and global environmental assessment any possible secondary impacts should also be taken into account Indeed a solution that is suitable in term of effective reduction of pollution levels can for example have impacts
as concerns the consumption of resources emissions of the treatment process itself (eg gaseous or aqueous effluents greenhouse gases) the production of waste etc
by its contribution to the filling up of landfill sites when soil is excavated and disposed of in a waste storage site
Note that the consideration of secondary impacts must be included in the cost-benefit analysis for the development of the Management Plan (the Management Plan is a new tool described in the Ministerial Note of February 8 2007 concerning Contaminated sites and soils - Contaminated site management and remediation procedures and in the Ministerial Circular of February 8 2007 concerning Classified Industrial sites - Prevention of soil contamination - Contaminated site management) Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2333
Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
b To what level is clean-up required (ie acceptable risk land use values hellip)
Depending on current or planned uses See 16a and 16c
c Does your national policy use cost-benefits analysis for the choice of the remedial solution
The concept of cost-benefit analysis (CBA) has been used in French regulations since 1977 It is implicitly mentioned when the risk management policy recommends the use of the best available techniques at the best economically acceptable cost The 2007 adaptations of the French contaminated land management approach and in particular the introduction of the Management Plan procedure clearly emphasize CBA The objective of CBA is to reach the best level of environment protection for humans and the environment at a reasonable cost while avoiding the unnecessarily disproportionate use of resources in comparison with the interests to be protected New regulations came into force in early 2007 As a result of the application of existing regulations and drawing on the experience gained over more than 10 years of risk management they introduce new methodological tools ndash Media Quality Assessment (MQA) and Management Plan and Residual Risk Analysis (RRA) These tools make considerable use of Cost Benefit Analysis Cost-Benefit Analysis is now the keystone of the proposed system Rational environmental management requires the quantification of risks and costs CBA is a tool for decision makers Before contaminated land is remediated CBA aims to determine simultaneously
the remediation goal according to the environmental policy
whether the investment can be justified by the expected environmental benefits
17 Remediation techniques
a Which are the main remediation techniques used
Remediation (excavation on- or off-site treatment) active or passive constructive measures containment regeneration or natural attenuation
b Is natural attenuation considered as a remediation technique
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2433
Management options involving regeneration or natural attenuation are possible in some cases particularly when pollution is diffuse and when the pollutant concentration levels generally low are stable or decreasing This option is chosen
when the elimination of the pollution has been shown to be impossible or when it does not appear to be desirable to continue the remediation work in light of sustainable development and global environmental assessment
when it is shown that the residual levels of pollution are compatible with the proposed uses or with the media concerned
if it is accompanied by suitable monitoring of the media Depending on the case unending vigilance must be maintained to identify any changes of use and future owners must be systematically informed by means of urban planning or Land Registry documents
c What is the distribution of the applied techniques
The distribution between techniques has been estimated for 2006 as such Techniques Estimation of average tons per year
Landfilling (classes 1 amp 2) 800000
Biocenters 400000
Thermal desorption (on site ex situ) 300000
On site treatment (soil washing stabilisation etchellip)
300000
Other treatments (oxydation separation hellip) 200000
Total 2 000000
Ref Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2533
The distribution between techniques has been estimated for 2008 as such
Techniques Estimation of average tons per year
In situ treatment 846400
Venting (including biological treatment) 645100
Chemical oxydation 115700
Containment 76600
Physico-chemical stabilization 8000
Soil washing Not determined
Phytoextraction Not determined
Phytostabilization Not determined
Ex situ treatment 1 772440
Storage facility for inert waste 867800
Biological treatement 434000
Storage facility for non-hazardous waste 241200
Storage facility for hazardous waste 63800
Thermic desorption 62600
Cement production plant 44300
Physico-chemical stabilization 33300
Incineration 17600
Soil washing 7800
On site treatement 653900
Physico-chemical stabilization 370900
Venting (including biological treatment) 197600
Containment 69000
Soil washing 12000
Thermic desorption 3500
Total gt3 272740
Ref Ernst amp Young ndash 2011 ndash ADEME web site httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
The most widely used techniques (except containment and disposal) have been implemented in priority Incineration disposal in cement production plant and emerging techniques except phytoremediation are not developed at the moment
d What is the evolution in time of the distribution of the use of techniques in your country more innovative techniques now less dumping
This study confirms that ex-situ techniques that are still mainly used (55 of the tonnage in 2008) The trends for 2008
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2633
in 2008 all treated volumes increased by 22 for soils and by 37 for waters compared to 2006
decommissioning material toward storage facility for inert waste and the physico-chemical stabilization on site experienced very strong growth between 2006 and 2008
biological treatments represent a significant market part with treated tonnages relatively stable between 2006 and 2008 (venting bioventing biological treatment plant (biocentres) and biodegradation on site)
within the in situ treatment the most used techniques are in situ venting bioventing and to a lesser extent in situ chemical oxidation (ISCO)
the treatment process in cement production plant remained very stable between 2006 and 2008
the study of techniques one by one for groundwater treatment shows a very high variability of treated volumes from one year to another
costs are globally decreasing or vary little
e How is the acceptance of innovative treatment techniques
Since 2006 some emerging technologies asserted themselves in particular chemical processing techniques such as in situ oxidation reduction are maturing These techniques are better handled by the relevant actors (problem owners and technologies providers) in particular the by-products from processing are increasingly under control improving the acceptability of these techniques by stakeholders
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2733
SPECIFIC ISSUES
18 Funding issues
a Are there specific practices with respect to ldquoOrphan sitesrdquo If yes please provide some details
The remediation of orphan sites is funded by a tax created in February 1995 concerning hazardous industrial waste The Law of February 2 1995 created a tax on special industrial waste to finance the remediation of orphan sites or sites whose owners are insolvent The moneys collected and managed by ADEME the French Agency for Environment and Energy Management are allocated to investigations and clean-up work Initially set at euro 38 per ton of industrial waste the tax was increased to euro 61 per ton in 1998 Revenues from this new tax amounted to about euro 105 M the first year and had increased to euro 153 M by 1998 A national committee manages this Industrial Waste Tax and has funded 37 projects at orphan sites for a total cost of approximately euro 305 M In 1999 this tax was included in the TGAP (General Tax on Polluting Activities) Remediation is limited to mitigating actual or potential risks to the environment and human safety Currently the annual budget for the reclamation of orphan sites is around 35 Million euros completed by 10 M euros for some brownfield reclamation This special fund has been decided during the Grenelle de lrsquoEnvironnement
b Are there alternatives financing solutions (Ie grants subsidies hellip) for non-orphan sites
Wherever the polluter is at hand or known the polluterndashpays principle is strictly applied The current chain of liability is the last industry that is responsible under the law on Environmental Permits for industrial sites by default the last owner This chain of liability covers studies monitoring remediation work and even costs associated with land-use restrictions (as a result of plant monitoring or residual contamination) In 1992 French industries founded the ldquoFrench Organization of Enterprises for the Environmentrdquo EPE This organization signed a 5-year agreement with the French Agency for Environment and Energy Management (ADEME) for the remediation of contaminated sites and created a fund for this purpose with an annual budget of about euro 23 M Remediation projects for which the liable parties either could not be found or were insolvent were funded under the auspices of the ADEME The system worked rather efficiently until the end of 1994 when it became obvious that the budget was insufficient to cover the actual needs As a result the Industrial Waste Tax was created in February 1995
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2833
Frances six Water Authorities (Agences de lrsquoEau) provide grants andor low-interest loans for site investigations and clean-up work The Water Authorities intervene in cases of contaminated industrial sites that have an impact on the aquatic environment The loans are supposed to cover about 50 percent of the total cost of studies and remediation work The actual amount of the grants or loans is determined by the Water Authority and ranges between 30 and 70 depending on the water-resource area Water Authorities also grant subsidies for investing in and operating equipment contributing to the reduction of water pollution These funds come from taxes on water consumption and pollution With financial support provided by the French government regional councils the Public Land Management Authority itself and the European Regional Development Fund 120 million euro were spent between 1986 and 1997 to implement the new derelict land policy By 1997 3350 ha of brownfields had been treated Two thirds of the money came from the Lorraine Region the French government and the EPML One third came from EU structural funds The strategy used was exemplary as it succeeded in bringing together the interests of private property owners the community and other actors within the framework of a coordinated regional master plan Other legal texts came into effect on February 8 2007
Circular BPSPR2005-371LO of the Ministry of Ecology of February 8 2007 abrogated by the Circular of May 26 2011 concerning the Closure of Classified installations - Chain of liability - Defaulting of responsible parties This circular emphasizes and updates directives concerning the management of industrial sites whose owners fail to fulfil their obligation to remediate and can lead as a last resort to government intervention to protect the population and the environment Beyond this action toward liable parties the role of the government is limited to ensuring the safety of Classified Installations A strict limitation of the scope of public action and the upholding of the highly exceptional character of ADEME intervention to ensure the safety of sites alone guarantees that the system is not perceived by liable parties who might not wish to comply with requirements to remediate as an opportunity for non-compliance or even a right
Circular BPSPR2006-77LO concerning Classified Installations - Application procedure for the detention of funds as mentioned in Environmental Code no 514-1
19 Annual budget allocated to Soil Contamination Management a What is the annual budget
No specific study on this issue since 2001 See question 18
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 2933
b How is it divided between public private and others No information
c How is it divided between the different steps of management (investigation remediation monitoringhellip)
No information
20 Is there a specific approach for a Brownfields
France considers that brownfields are different from contaminated sites The definition of a brownfield site is ldquopreviously developed land (agriculture harbour industry service ore processing militarydefence storage or transport) that has been temporarily or permanently abandoned following the cessation of activity and must be reclaimed for a future use Brownfields can be partially occupied derelict or contaminated
b Megasites
In France the management of former megasites is coordinated by Public Land Management Authorities (Etablissements Publics Fonciers) See point 6
c Excavated soils
The management strategy for contaminated land is based on two management tools the Media Quality Assessment and the Management Plan These tools highlights the correct way to manage potentially polluted sites Specific measures for managing large volumes of excavated soil are also given Nevertheless the different actors involved in regional planning and urban renewal whether institutional or private are regularly confronted to difficulties of excavated-soil management It was necessary to define rules and methods to guide the sustainable reuse of soil while ensuring human health and environmental protection A methodological guide for the excavated soil off-site reuse (for road construction or development projects) and the related tools necessary to implement at a site this approach are provided to clarify these rules and provide stakeholders a common operational framework These tools have been developed with the support of working groups composed of a wide range of stakeholders in this field (professional associations environmental protection association planners lawyers )
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 3033
Guide de reacuteutilisation hors site des terres excaveacutees en technique routiegravere et dans des projets drsquoameacutenagement - BRGMRP-60013-FR - Feacutevrier 2012 httpwwwdeveloppement-durablegouvfrspipphppage=docampid_article=27486 (Guide of ex-situ reuse of excavated soil in road construction and development projects) This guide describes the best practices under which certain land may be reused with respect to sustainable development protection of human health and preservation of the environment This guide is implemented on a provisional basis for a period of one year with a special attention of the inspection of Classified Installations for the protection of Environment in 2012 The guidance document may be reviewed at the end of the probationary period based on the feedback received After characterization of soils they can be reused on a receiving site for road construction or redeveloping land if the three following criteria are respected
1 soil quality of the receiving site is maintained 2 water resources and ecosystems are preserved beneath the receiver
site 3 Excavated soils are compatible with the future use of the receiver site
(only in the context of development projects) The three criteria are cumulative and independent Validation of all three criteria is required to validate and go on with the process of excavated soil off-site reuse For criterion 3 two cases are possible
Case 1 The substances have threshold values specifically developed as part of this approach excavated soil can be reused if the excavated-soil concentrations are below the threshold values established for the use of concern
Case 2 The substances that characterize the pollution donrsquot have threshold values a specific study of human health risk assessment should be performed for these substances This study can be conducted using the model developed by INERIS (Report DRC-11-115732-09274C) or using an equivalent model For each case input parameter values and levels of risk limits are defined in methodological guide reuse Appendix
It should be emphasized that these threshold values are not management values neither according to the national methodologies for contaminated land management (ministry note of February 8th 2007 and X31-620 standard) nor according to ldquouniversalrdquo goals of remediation
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 3133
d Sediments If yes please provide some details
To be completed
21 Does your national policy include any accreditation system for consultants or service providers If yes please provide some details
This has been implemented (2011) The national system which covers studies engineering and remediation works are now detailed in an accreditation procedure for the service providers and references National guidance and procedures are available at httpwwwdeveloppement-durablegouvfrLa-certification-des-metiers-de-la23901html
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 3233
CRUCIAL DEVELOPMENTS IN THE FUTURE
Are there any additional issues to be further developed in the following monthsyears
Integration of the Urban planning and Environment codes for the management of sites in urban areas
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress
04052012 3333
REFERENCES Please give most important references (documents website projects and case studies) that could be relevant for explaining your national approach Ministegravere de lEacutecologie de lEacutenergie du Deacuteveloppement durable et de la Mer en charge des technologies vertes et des neacutegociations sur le climat httpwwwdeveloppement-durablegouvfr
Rubrique ldquoSites-Pollueacutesrdquo httpwwwdeveloppement-durablegouvfr-Sites-et-sols-pollues-html
Note ministeacuterielle du 08 feacutevrier 2007 - Sites et sols pollueacutes - Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Annexe II Modaliteacutes de gestion et de reacuteameacutenagement des sites pollueacutes Comment identifier un site (potentiellement) pollueacute Comment geacuterer un problegraveme de site pollueacute httpwwwdeveloppement-durablegouvfrNote-du-8-fevrier-2007-Sites-ethtml
EUGRIS ndash Portal for soil and water management in Europe httpwwweugrisinfo ADEME httpwwwademefr
Ernst amp Young study httpwww2ademefrservletKBaseShowsort=-1ampcid=96ampm=3ampcatid=12745
BRGM httpwwwbrgmfr
Etat des lieux sur les pratiques franccedilaises de traitement des sols et des eaux souterraines (et mise en perspective europeacuteenne) Rapport final BRGMRP-55890-FR (2007) httpwwwbrgmfrpublicationpubDetailRapportSPjspid=RSP-BRGMRP-55890-FR
Excavated soil reuse - Tools developed as part of the French management methodology HYDROTEX and TERRASS Ceacuteline BLANC Laurent ROUVREAU Geoffrey BOISSARD Mathilde SCAMPS ndash BRGM International Intersol 2012 congress