appropriate due diligence of brownfield sites in irelnd - in the current market

Contaminated Land Technical Briefing,Royal Marine Hotel,

Dun Laoghaire, Co. Dublin

Appropriate Due Diligence Of Brownfield Sites in Ireland –

In The Current Market

16th May 2012

Padraic Mulroy,BSc., MSc., MIEI, MIPSS, CSc, SiLC

Managing DirectorMulroy Environmental

Who are we?• Based in Dundalk, County Louth (the Wee County)• Started in 2007

Services• Due Diligence Site Investigation/Contaminated Land Risk

Assessment• Remediation/Bioremediation of Contaminated Soil &

Water• Waste Licence & Permit Applications• IPPC Licensing• Wastewater Treatment Plant Design for Single, Small

Community, Commercial & Industrial Development• Site Suitability Assessment• Environmental Impact Assessment• Sludge Management Expertise• Environmental Monitoring

BACKGROUND

MULROY ENVIRONMENTAL1 Background

2 Extent of CL

3 Management of Contaminated Land

4 Existing Legislation

5 Site Investigation

6 Risk Assessment

7 Site Remediation

8 Reality Check

9 Changes to Legislation & Licensing

10 Contaminated Land

Inventory?

EXTENT OF CONTAMINATED LAND IN REP. OF IRELAND

• Have we understated the extent of (potentially) contaminated land in Ireland?

• Was Ireland bypassed by the Industrial Revolution?• An agrarian economy? Minor mineral deposits

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

EXTENT OF CONTAMINATED LAND IN REP. OF IRELAND

• Comparison to the birthplace of the Industrial Revolution – Great Britain with >100,000 potential contaminated sites 1

1. 'Contaminated Land' Report of the Parliamentary Office of Science & Technology (1993).

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

MANAGEMENT OF CONTAMINATED LAND

There are 6 ways that contaminated land gets

remediated or managed in Ireland:

1. The land is part of a redevelopment project (i.e. LA grant planning permission with remediation of site in post planning condition);

2. The site is part of a Waste or IPPC regulated facility;

3. The land is cleaned up as a result of responsible corporate action (i.e. no enforcement needed);

4. The land is contributing to a local water quality issue (i.e. subject to Section 12 Notice from LA);

5. The land is the subject of a human or animal health issue (i.e. subject to Section Notice from HSE (e.g. asbestos); and

6. Party found liable under Environmental Liability Regulations.

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

MANAGEMENT OF CONTAMINATED LAND

Due Diligence - Most common scenario:• Developer submits a planning application for a residential or

mixed residential commercial development on brownfield site

• Draws up contract with vendor to purchase site in event of success or to walk away if contamination is too severe or planning is refused

• Buyer carries out site investigation, Generic Quantitative Risk Assessment (GQRA) and Detailed Quantitative Risk Assessment (DQRA) if site is severely contaminated

• Buyer draws up Remedial Action Plan (RAP) for site to break Source-Pathway-Receptor link

• Has a sit down with the vendor to give him/her the DQRA/RAP report/cost of clean-up. Negotiate on price reduction

• Once price agreed & ‘Contract of Sale’ agreed, PA submitted • LA may employ external consultant to review or asks EPA

for advise• Planning permission obtained – Sale goes through• Remediation carried out as 1st Phase/Enabling Works• Close-out/Remediation Validation Report produced following

completion of remediation

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

EXISTING LEGISLATION

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?


There is NO definition for Contaminated Land in Irish Legislation

Environmental Pollution definition in Section 4(2) of EPA Act, 1992:

(2) In this Act “environmental pollution” means the direct or indirect introduction to an environmental medium, as a result of human activity, of substances, heat or noise which may be harmful to human health or the quality of the environment, resulting in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment and includes:

(a) “air pollution” for the purposes of the Air Pollution Act 1987;

(b) the condition of waters after the entry of polluting matter within the meaning of the Local Government (Water Pollution) Act 1977;

(c) in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would, to a significant extent, endanger human health or harm the environment and, in particular:

(i) create a risk to the atmosphere, waters, land, plants or animals;(ii) create a nuisance through noise, odours or litter; or(iii) adversely affect the countryside or places of special interest;(d) noise which is a nuisance, or would endanger human health or damage

property or harm the environment.

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?


Suggested definition for Contaminated Land:

“any land which appears to the local authority in whose area it is situated to be in such condition, by reason of substances in, on or under the land that: significant harm is being caused or there is a significant possibility of such harm being caused, or pollution of controlled waters is being, or is likely to be, caused.”

(section 78A(2) Part IIA Environmental Protection Act 1990)

‘significant possibility of significant harm' (SPOSH)

Brownfield Sites:“real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”, US EPA

Land with concentrations of substances above natural background values…..geochemistry of area?

Land which is generally regarded as posing a ‘risk’ to our environment

What is risk?…..What’s acceptable?…Who bears it?

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

Good news for British Consultants - process is identical to UK – Irish EPA have taken guidance from UK EA Source-Pathway-Target Conceptual Site Model Suitability for end-use SI Standards:

BS5930:1999 Code of practice for Site Investigations BS10175:2011 Investigation of Potentially Contaminated Sites

RA Guidance: CLR 11. Model Procedures for the Management of Land Contamination EPA Code of Practice ‘Environmental Risk Assessment for Unregulated

Waste Disposal Sites’ in April 2007

EPA recognise there is a legal gap and a guidance gap with regard to non-historic waste brownfields

EPA initiated a workshop with Ireland’s contaminated land consultants/ experts to determine how to best proceed. Main outcome of process was:

Draft Framework for the Management of Contaminated Land and Groundwater at EPA Licensed Facilities

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


* Also Groundwater Monitoring Template Report can be provided with Stage 1 to 3

Broadly in line with: CLR 11. Model Procedures for the Management of Land

Contamination EPA Code of Practice ‘Environmental Risk Assessment

for Unregulated Waste Disposal Sites’ in April 2007

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

DUE DILIGENCE SCENARIOMy client is a residential developer and he wants to buy a brownfield site that is not a historic landfill or a former EPA licensed facility.

What approach should a consultant have? Conceptual Site Model (CSM) Sketch

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

FOCUS ON KEY CONCEPT

SOURCE PATHWAY TARGET (OR RECEPTOR)

Must have all 3 to result in an exposure to a contaminant If one is missing the chain is broken. In remediating or abating you’re trying to break that chain Remove the Source (dig out the contamination, GW pumping, etc) Close off the pathway (Cap the waste/Cut-off wall, PRB, etc) Protect the receptor (relocate)

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

PRELIMINARY SITE INVESTIGATION

Comprehensive Desk Study Most Important – 1st Draft of Conceptual Site Model (CSM) Provide early recognition of the characteristics of the site and potential geohazards; Avoid money being wasted on inappropriate intrusive ground investigations; Provide information on on-site operations and therefore possible contaminants and anticipated areas of contamination; Facilitate appropriate scoping of the later stages of the site investigation; Aid the formulation of efficient designs for subsequent works (e.g.: foundations, retaining walls, tunnels, slope stabilization works, etc); Provide early warning of possible delays to programme and/or budget implications; Part of current good practice for phased site investigations (see BS5930 and BS10175); Assist health and safety and geoenvironmental management; and An essential tool for risk assessment and risk management

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

MAINTAIN FOCUS ON KEY CONCEPTSOURCE PATHWAY TARGET (OR RECEPTOR)

Refine Conceptual Site Model (CSM)

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Comprehensive Desk Study – Historic Mapping Review

Review all available historical mapping – not just that available online

OSI only provides electronic mapping of: 1st Edition of 6’’ Mapping (1834-45); and 1st Edition of 25’’ (1:2,500) Mapping (1863-1913) => data gap between & after

NI OSI have digitised all historical mapping which enable comprehensive review of site’s history

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

PRELIMINARY SITE INVESTIGATION - Historic Mapping Review CASE STUDY - BELFAST FORMER INDUSTRIAL SITE

50KDISCOV.

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

PRELIMINARY SITE INVESTIGATION - Historic Mapping Review CASE STUDY BELFAST FORMER INDUSTRIAL SITE

6’’ 2nd Ed.

1831

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


25’’ 3rd Ed.

1901

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


25’’ 4TH Ed.

1931

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


25’’ 1st Ed.I.G.

1961

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Former Site

Layout1968-1990

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Former Site

Layout1990

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Current OS

1:1,000Scale

Mapping

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


GoogleAerialPhoto 2010

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


GoogleStreet View

Photo 2010

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Comprehensive Desk Study Vendor should release all available environmental, site investigation and engineering reports/drawings, BH logs/drillers logs, etc. Former or Discharge or Waste Permits – compliance record, may require visit to LA office, review of prosecution notices; Environmental Health Reports, H & S history, fire accident or significant spillage incidents, etc No drawings are not relevant e.g. old underground service drawings, as built drawings, services underground CCTV survey videos, etc

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Comprehensive Desk Study Reports on Site Investigation Phase I, Phase II, Groundwater Monitoring, Generic Quantitative Risk Assessments ( GQRA), Detailed Quantitative Risk Assessments (DQRA), Vapour Intrusion/Migration Risk Assessment Remedial Action Plan drawn up by vendor for prospective buyer? Site may have been remediated – In-situ and/or ex-situ? Close-out Remediation Validation Report? Site may have had aboveground/underground storage tanks (ASTs/USTs) removed – any contaminated soil removed? Proof of removal C1 forms? Documentation may be included as an Annex with ‘Sale of Contract’ Is the vendor withholding information? Consultant’s call?

Full disclosure by vendor – ‘Caveat emptor’ – buyer beware

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Comprehensive Desk Study Soil, subsoil, geology, hydrogeology, hydrology/flood history – on-line information and mapping from GSI, EPA, OPW(www.floodmaps.ie), etc Groundwater quality data for nearby public wells; GSI Borehole records within 500m of site – no records - may require door to door survey, aquifer class and vulnerability River Basin Management Districts Risk Assessment Reports for Groundwater & Surface Water Bodies

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

http://www.floodmaps.ie/

SITE INVESTIGATION


Site Walkover (Phase I Audit) Topography: indications of slope instability, spoil heaps or signs of ground subsidence Geology: exposures of soils and rocks which can be examined and sampled. Surface water signs of flooding; springs; waterlogging. & groundwater: Vegetation: signs of vegetation die-back or restricted vegetation as a result of contamination of the ground; presence of invasive species such as Japanese Knotweed; trees which may cause shrinkage and swelling of clay soils. Ecology: indicators of protected species, newts, badgers, bats, nesting birds.

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Site Walkover (Phase I Audit) Contamination: indications of spills, disturbed ground, areas of fill or spoil heaps, old fuel or oil tanks. Structures: settlement of existing structures or the use of asbestos; indicators of archaeological value. Local Knowledge: anecdotal information on past uses of the site or past problems in the area. Access & Services: information such as access for site equipment and location of buried or overhead services. Advice on undertaking walk-over surveys has been provided by the UK Department of the Environment (CLR 2, 1994a) and the Building Research Establishment (BRE Digest 348, 1989). See also CLR 3, CLR 11, BS5930 and BS10175.

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?


Site Investigation (SI) Do you have enough information from the vendor to accurately put together a Remedial Action Plan (RAP) and approximate Clean-up Costs for your client? What does your client (the buyer) want to do?

Clean up a former Town Gas Plant and develop into residential units with back gardens? ‘Heavy industry’ to ‘Residential with potential plant’ uptake Most sensitive use! Site Specific Target Levels (SSTLs) may be prohibitive.

Clean up/redevelop an old petrol station into new petrol retail station – no change in use. Achieve ‘Suitability for Use’. However, need to consider proximity of adjacent residences/property

If an SI is required will vendor co-operate on access? Disruption to on-site operations? Compensation? If you are installing groundwater and/or gas monitoring boreholes you are providing the site with valuable infrastructure? Share the costs? Vendor gets consultant’s report? Question of consultant’s independence? Public Liability Insurance cover for consultant and drilling contractor

SITE INVESTIGATION

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION


Site Investigation (SI) Vendor agrees to access.......what SI technique will give the best

return of information? Trialpit investigation – best technique for assessing soil

contamination up to 3.5-4.0m bgl but reinstatement is a problem on hardstanding - vendor may not allow

Gas Spike Survey – ideal for detection of landfill gas from suspected domestic/putrescible waste, quick & no ground disturbance

Soil vapour survey – good for detecting shallow contamination in petrol retails sites…but beware of doing in cold weather

Window sampling – least disruption, limited to max of 5-6m (normally 3.0-3.5m), access to groundwater may not be possible if SWL is lower, for well construction - problem of smearing in cohesive soils, work best in permeable sands/gravels

Shell & Auger – good for depth & logging of soils, but slow particularly on boulder tills, only to top of competent rock

Air Rotary – great for speed and depth but destroys sample. Main advantage is capacity to install monitoring boreholes within bedrock…quickly and efficiently. But soil is shredded/macerated &soil samples cant be tested reliably for VOCs

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

DETAILED SITE INVESTIGATION

Why?1. Found severe contamination – want to delineate

extent of plume – vertically and horizontally; 2. Found type of contamination which was not expected

based on site history (e.g. DNAPLs or sinking product) – more comprehensive laboratory suite

3. Firm up on design for proposed remediation solution – carry out pump tests to determine permeability of overburden/bedrock

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE INVESTIGATION

SITE INVESTIGATION PRACTICES

GOLDEN RULES:1. Log soils to BS5930:1999 – universal language for

geologists/engineers; 2. Design site investigation to be consistent with

BS10175….remember..the purpose of the site investigation is to get access to the media (soil, groundwater or gas). Look at density of monitoring points (i.e. herringbone, etc);

3. Beware of cross-contamination…..hydraulic fluid, etc; and4. Make sure laboratory suite is correct for type of

contaminants found on site e.g. textile industry azodyes/amines wont get picked up by the standard sVOC analysis.

EA/NHBC Guidance for the Safe Development of Housing Affected by Contamination R & D 66., 2000

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

RISK ASSESSMENT

MAINTAIN FOCUS ON KEY CONCEPTSOURCE PATHWAY TARGET (OR RECEPTOR)

Refine Conceptual Site Model (CSM)

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

RISK ASSESSMENT

Refine Conceptual Site Model (CSM) 1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

RISK ASSESSMENT

SOIL GENERIC ASSESSMENT CRITERIA FOR GENERIC QRA

UK Department of Environment, Food and Rural Affairs (DEFRA) - Contaminated Land Exposure Assessment (CLEA) Model – Soil Guideline Values, 2009 - Residential with plant, Allotment and Industrial/Commercial for sandy loam soil and 6% soil organic matter (SOM) (12 SGVs);

LQM/CIEH Generic Assessment Criteria for Human Health Risk Assessment, 2nd Edition, 2011 – Residential Land-use, Allotment Land-use and Commercial Land-Use at 6% Soil Organic Matter (82 SGVs);

EIC/AGS/CL:AIRE Soil Generic Assessment Criteria for Human Health, 2010 (35 SGVs);

National Institute of Public Health and the Environment of The Netherlands - The Soil Protection Guidelines (Dutch Criteria) – Intervention and Target Values - Dutch standards are widely used by Irish LAs & consultants. Overly conservative as derived for Dutch soils which are predominantly sandy;

Waste Acceptance Criteria at Murphy Environmental Waste Facility (WA 129-02|) in Hollywood, Co. Dublin – Hazardous Waste Limit.

Discussion on deriving our own standards but….

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

RISK ASSESSMENT

DETAILED QRA – DERIVE SITE SPECIFIC TARGET LEVELS (SSTLs)

Contaminated Land Exposure Assessment (CLEA) Model – Soil Guideline Values, 2009 (Soil lab data);

Risk Based Corrective Assessment (RBCA) Model (Soil & water lab data);

Environment Agency Remedial Targets Methodology 2006(8) – Controlled Waters.

RISC-HUMAN (Site Specific DQRAs)

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE REMEDATIONBREAK THE S-P-T CHAIN

SOURCE Remove – Dig & dump but where does it go? No Hazardous Waste landfills but…

1 * Hazardous Waste Treatment (Bioremediation) - ENVA Facility in Portlaoise – accepts hydrocarbon contaminated soil with Mineral Oil>500mg/kg

1 * Hazardous Waste Transfer Station – RILTA Faciity in Greenogue – accepts & exports hydrocarbon contaminated soil with Mineral Oil>500mg/kg

1 * Non-Hazardous Waste Landfill which can accept hydrocarbon contamination with Mineral Oil<500mg/kg & Total 17 PAH<100mg/kg

1 * Non-Hazardous Waste Landfill which can accept hydrocarbon contamination with TPH<1,000mg/kg (also only landfill which accepts asbestos C&D waste

1 * Inert Waste Landfill which can accept only C&D. No hydrocarbon contamination.

Cost of disposal of Hazardous Waste/hydrocarbon contaminated soil:

Celtic Tiger price - €65-€125 depending on contaminants Today’s Recession price - €45 becoming cheaper.

No need for future MNA Excavation does not require licence but maybe planning permission

and acceptable Waste Management Plan

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE REMEDATION BREAK THE S-P-T CHAIN

SOURCE Treat soil on-site e.g. windrow, ex-situ soil biopiling, soil,

washing, etc – requires a waste licence Removing hydrocarbons from groundwater (e.g. pump & treat,

dual-phase extraction, etc) may require just a LA Discharge Licence.

Soil Vapour Extraction (e.g. petrol retail station remediation) or use of Oxygen or Hydrogen Release Compounds (ORCs or HRCs) – no approval required

PATHWAY Isolate the hazard – vapour cut-off walls, PRBs, capping, LF gas

venting – significant groundworks & may require planning Dust suppression – landscaping/capping Immobilise – lime stabilisation…however, getting into waste

licence activity

TARGET Remove the target if plume has fled the site and source

removal is too late e.g. public water supply wells Last solution to off-site vapour intrusion of petrol into

residences-buy residence.

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

SITE REMEDIATION

Expect the unexpected……….

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

REALITY CHECK DRIVERS

Brownfield Developers need reasons not to go for a greenfield site…one of those reasons has to be a financial one!

Most Irish LAs lack expertise in contaminated land unlike UK LAs where there is often a dedicated Contaminated Land Officer…consultant telling the regulator what questions she/he should be asking.

Often Irish LAs request the assistance of the EPA or hire external consultant/expert….this takes correspondence and….time

Following SI and RA, if dig & dump solution too expensive and on-site remediation is option (i.e. enough space & time), Pre-waste Licence Application Process needs to be initiated. Applying for a Waste Licence is prohibitive on a number of fronts:

Republic - Cost €16k (i.e. €10k application fee + €6k surrender fee) – as yet no applicants since WMA 1996

Northern Ireland – Cost €6.9k Total– currently 4 mobile licences Time to acquire licence – no fixed time for process Proof is in the pudding – In 15 years, only 6 (Fixed) Waste

Licences were issued to soil remediation projects Ultimately developers may get cold feet. Hiring specialist remediation

contractors and long lead in-time, project management issues, etc. Waste licence application process is statutory process which involves

public & newspaper notice with public consultation…..scare potential home buyers away…public perception of brownfield redevelopment.

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

REALITY CHECK DRIVERS

Contaminated soil (i.e. Hazardous waste) disposal is too expensive in Ireland.

In most petrol retail remediation projects dig & dump is the only solution – built up areas, no space, etc.

Contractors are afraid to dig in brownfield site…if it’s contaminated it’s a waste & an offence to bury it!

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

CHANGES TO LEGISLATION & WASTE LICENSING?

Adopt key areas of Soil Framework Directive in new Contaminated Land Regulations – shore up legal lacuna EPA to take responsibility for non-historic waste brownfield sites

Second a qualified EPA staff member to work as a Contaminated Land Officer (CLO) for a number of LAs (e.g. regional waste region – 2-3 LAs)

CLO to draw up Contaminated Land register of non-historic waste for each county (WMA Section 26 Register?)

CLO to assess SI/RA reports, Remedial Plans, etc CLO to process waste licence applications

EPA review costs for fixed soil remediation waste licences and consider introduction of mobile licence applications as per NI EPA provide fixed timescale for waste licence applications

WHY? ……DEVELOPERS DON’T LIKE IF’S & UNKNOWNS! GIVE THEM REASONABLY ACCURATE NUMBERS & TIMELINES!

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

CONTAMINATED LAND INVENTORY FOR REP. OF IRELAND?

IRISH EPA STUDY 1999• Historical Sites

– Old Gas Works 50-80– Closed Landfills 265 (OEE figures?)– Closed Mine sites 128 (38 with Tailings

Ponds, 11 recent/present

high risk)– Old Fertiliser Plants 4-6– Closed Tanneries 10 -12

• Current Operational Sites– Existing Landfills 76 LA 50 Private

(Registration ongoing)

– Mining/Minerals site in operation ca. 7 (MWD)– Chemical Industry 150 –160– Petroleum import terminals (IPIA) 22– Petrol Stations 900 –1200– Tanneries 3– Dockyards 14-16– Military Sites 1– Railways Depots 80-100– Scrap yards/dismantlers 180 –200– Airports with maintenance 2

• Estimated Total of 2,000-2,500 – Ireland’s small scale industry? 1

1. CARACAS, Risk Assessment for Contaminated Sites in Europe, Volume II, Policy Framework, Brogan et al, 1999

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?


• NI Environment Agency DATABASE

– >14,000 Potentially Contaminated Sites estimated in 2011

– Continual updating - & continuously revised upwards from 11,825 in March 2009

• High Risk - 8199• Medium Risk - 1811• Low Risk - 1599• Uncategorised - 216

– 30 land use categories

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?


WHO IS CORRECT?IRISH EPA OR NIEA

• 2006 DOELG/ARUP Report on Petroleum Sector

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?


WHO IS CORRECT? IRISH EPA OR NIEA

• In EPA inventory there is an absence of information on following industrial/commercial sectors:– Oil Depots (i.e. Diesel/Kerosene only) – 250-

300?;– Dry Cleaners (768 EPA Solvent User Database);– Garages/Mechanic Workshops – 7,500?;– Car Panel Beaters/Solvent Paint Workshops -

100?;– Military Firing Ranges (i.e. Ballistic Berms) –

20?;– Local Authority Designated Derelict Property

(abandoned LA housing & halting sites) -500?

• LA Section 22 Inventory – • 344 Confirmed LA-owned Landfills; and• 97 Private/Illegal/Pre-1997 LFs

……… but no information on Section 26 ‘Hazardous Site Subset’ referred to in National Hazardous Waste Management Plan

1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?



1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

Town Gas Plants/Coal Tar in BI



1 Background

2 Extent of CL




6 Risk Assessment

7 Site Remediation

8 Reality Check



Inventory?

Town Gas Plants/Coal Tar37 in NI138 in Rep. of I 2

2. Mulroy Environmental Inventory using OSI on-line historical mapping

THANK YOU!

appropriate due diligence of brownfield sites in irelnd - in the current market

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