Appropriate Due Diligence of Brownfield Sites in Irelnd - In The Current Market

Appropriate Due Diligence Of
Brownfield Sites in Ireland –
In The Current Market
Padraic Mulroy,
BSc., MSc., MIEI, MIPSS, CSc, SiLC
Managing Director
Mulroy Environmental

Contaminated Land Technical Briefing,
Royal Marine Hotel,
Dun Laoghaire,
Co. Dublin

16th May 2012

BACKGROUND

MULROY ENVIRONMENTAL
1 Background
2 Extent of CL
Who are we?
3 Management of
• Based in Dundalk, County Louth (the Wee County)
Contaminated Land • Started in 2007
4 Existing Legislation
5 Site Investigation Services
6 Risk Assessment • Due Diligence Site Investigation/Contaminated Land Risk
7 Site Remediation
Assessment
8 Reality Check
• Remediation/Bioremediation of Contaminated Soil & Water
9 Changes to Legislation
• Waste Licence & Permit Applications
& Licensing • IPPC Licensing
10 Contaminated Land • Wastewater Treatment Plant Design for Single, Small
Inventory?
Community, Commercial & Industrial Development
• Site Suitability Assessment
• Environmental Impact Assessment
• Sludge Management Expertise
• Environmental Monitoring

Slide 2

EXTENT OF CONTAMINATED LAND IN
REP. OF IRELAND
• Have we understated the extent of (potentially)
contaminated land in Ireland?
1 Background • Was Ireland bypassed by the Industrial Revolution?
2 Extent of CL • An agrarian economy? Minor mineral deposits
3 Management of
Contaminated Land
5 Site Investigation
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
10 Contaminated Land
Inventory?

Slide 3

EXTENT OF CONTAMINATED LAND IN
REP. OF IRELAND
• Comparison to the birthplace of the Industrial
Revolution – Great Britain with >100,000 potential
1 Background contaminated sites 1
2 Extent of CL
3 Management of
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

1. 'Contaminated Land' Report of the Parliamentary Office of Science & Technology (1993).
Slide 4

MANAGEMENT OF CONTAMINATED LAND

There are 6 ways that contaminated land gets
1 Background remediated or managed in Ireland:
2 Extent of CL
3 Management of
Contaminated Land
4. The land is part of a redevelopment project (i.e.
LA grant planning permission with remediation of
site in post planning condition);
5. The site is part of a Waste or IPPC regulated
6 Risk Assessment
facility;
7 Site Remediation
6. The land is cleaned up as a result of responsible
8 Reality Check
corporate action (i.e. no enforcement needed);
& Licensing 7. The land is contributing to a local water quality
issue (i.e. subject to Section 12 Notice from LA);
Inventory?
8. The land is the subject of a human or animal health
issue (i.e. subject to Section Notice from HSE (e.g.
asbestos); and
9. Party found liable under Environmental Liability
Regulations.

Slide 5

MANAGEMENT OF CONTAMINATED LAND

Due Diligence - Most common scenario:
• Developer submits a planning application for a residential or
1 Background mixed residential commercial development on brownfield site
2 Extent of CL • Draws up contract with vendor to purchase site in event of
success or to walk away if contamination is too severe or
3 Management of planning is refused
Contaminated Land
• Buyer carries out site investigation, Generic Quantitative Risk
4 Existing Legislation Assessment (GQRA) and Detailed Quantitative Risk Assessment
5 Site Investigation (DQRA) if site is severely contaminated
• Buyer draws up Remedial Action Plan (RAP) for site to break
6 Risk Assessment Source-Pathway-Receptor link
7 Site Remediation • Has a sit down with the vendor to give him/her the DQRA/RAP
8 Reality Check report/cost of clean-up. Negotiate on price reduction
9 Changes to Legislation • Once price agreed & ‘Contract of Sale’ agreed, PA submitted
& Licensing • LA may employ external consultant to review or asks EPA for
advise
• Planning permission obtained – Sale goes through
Inventory?
• Remediation carried out as 1st Phase/Enabling Works
• Close-out/Remediation Validation Report produced following
completion of remediation

Slide 6

EXISTING LEGISLATION

1 Background
2 Extent of CL
3 Management of
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 7

 There is NO definition for Contaminated Land in Irish Legislation

 Environmental Pollution definition in Section 4(2) of EPA Act, 1992:
1 Background
2 Extent of CL (2) In this Act “environmental pollution” means the direct or indirect
introduction to an environmental medium, as a result of human activity,
3 Management of of substances, heat or noise which may be harmful to human health or
Contaminated Land the quality of the environment, resulting in damage to material
property, or impair or interfere with amenities and other legitimate uses
4 Existing Legislation of the environment and includes:
6 Risk Assessment  “air pollution” for the purposes of the Air Pollution Act 1987;
7 Site Remediation  the condition of waters after the entry of polluting matter within the
8 Reality Check meaning of the Local Government (Water Pollution) Act 1977;
& Licensing (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
10 Contaminated Land or harm the environment and, in particular:
Inventory?
(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.

Slide 8


 Suggested definition for Contaminated Land:

1 Background “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
2 Extent of CL under the land that: significant harm is being caused or there is a
significant possibility of such harm being caused, or pollution of
3 Management of controlled waters is being, or is likely to be, caused.”
Contaminated Land
(section 78A(2) Part IIA Environmental Protection Act 1990)
5 Site Investigation ‘significant possibility of significant harm' (SPOSH)
6 Risk Assessment
7 Site Remediation  Brownfield Sites:
“real property, the expansion, redevelopment, or reuse of which may
8 Reality Check be complicated by the presence or potential presence of a hazardous
9 Changes to Legislation substance, pollutant, or contaminant.”, US EPA
& Licensing
 Land with concentrations of substances above natural
background values…..geochemistry of area?
Inventory?
 Land which is generally regarded as posing a ‘risk’ to our
environment

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

Slide 9

SITE INVESTIGATION

 Good news for British Consultants - process is identical to UK – Irish EPA have
1 Background taken guidance from UK EA
2 Extent of CL  Source-Pathway-Target
 Conceptual Site Model
3 Management of  Suitability for end-use
Contaminated Land  SI Standards:
4 Existing Legislation  BS5930:1999 Code of practice for Site Investigations
 BS10175:2011 Investigation of Potentially Contaminated Sites
6 Risk Assessment  RA Guidance:
7 Site Remediation
 CLR 11. Model Procedures for the Management of Land Contamination
 EPA Code of Practice ‘Environmental Risk Assessment for Unregulated Waste
8 Reality Check Disposal Sites’ in April 2007
 EPA recognise there is a legal gap and a guidance gap with regard to non-historic
& Licensing
waste brownfields
Inventory?  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

Slide 10

SITE INVESTIGATION
Draft Framework for the Management of Contaminated Land and
Groundwater at EPA Licensed Facilities
1 Background
2 Extent of CL
3 Management of
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 11

SITE INVESTIGATION

Draft Framework for the Management of Contaminated Land and
1 Background Groundwater at EPA Licensed Facilities
2 Extent of CL
3 Management of
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing * Also Groundwater Monitoring Template Report can be provided with
10 Contaminated Land Stage 1 to 3
Inventory?
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
Slide 12

SITE INVESTIGATION

DUE DILIGENCE SCENARIO
1 Background My client is a residential developer and he wants to buy a brownfield site
2 Extent of CL that is not a historic landfill or a former EPA licensed facility.
3 Management of
Contaminated Land What approach should a consultant have?
Conceptual Site Model (CSM) Sketch
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 13

SITE INVESTIGATION

1 Background
FOCUS ON KEY CONCEPT
2 Extent of CL
3 Management of
Contaminated Land
SOURCE PATHWAY TARGET (OR RECEPTOR)
6 Risk Assessment
 Must have all 3 to result in an exposure to a contaminant
7 Site Remediation  If one is missing the chain is broken.
8 Reality Check  In remediating or abating you’re trying to break that chain
& Licensing
 Remove the Source (dig out the contamination, GW pumping,
etc)
Inventory?  Close off the pathway (Cap the waste/Cut-off wall, PRB, etc)
 Protect the receptor (relocate)

Slide 14

SITE INVESTIGATION

PRELIMINARY SITE INVESTIGATION
1 Background
2 Extent of CL  Comprehensive Desk Study
3 Management of  Most Important – 1st Draft of Conceptual Site Model (CSM)
Contaminated Land  Provide early recognition of the characteristics of the site and potential geohazards;
4 Existing Legislation  Avoid money being wasted on inappropriate intrusive ground investigations;
5 Site Investigation  Provide information on on-site operations and therefore possible contaminants and
6 Risk Assessment anticipated areas of contamination;
7 Site Remediation
 Facilitate appropriate scoping of the later stages of the site investigation;
 Aid the formulation of efficient designs for subsequent works (e.g.: foundations,
8 Reality Check
retaining walls, tunnels, slope stabilization works, etc);
 Provide early warning of possible delays to programme and/or budget implications;
& Licensing
 Part of current good practice for phased site investigations (see BS5930 and
BS10175);
Inventory?  Assist health and safety and geoenvironmental management; and
 An essential tool for risk assessment and risk management

Slide 15

SITE INVESTIGATION

MAINTAIN FOCUS ON KEY CONCEPT
1 Background SOURCE PATHWAY TARGET (OR RECEPTOR)
2 Extent of CL
3 Management of
Contaminated Land
Refine Conceptual Site Model (CSM)
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 16

SITE INVESTIGATION

1 Background
2 Extent of CL
Comprehensive Desk Study – Historic Mapping Review
3 Management of
Contaminated Land
4 Existing Legislation  Review all available historical mapping – not just that available online
6 Risk Assessment  OSI only provides electronic mapping of:
7 Site Remediation  1st Edition of 6’’ Mapping (1834-45); and
8 Reality Check  1st Edition of 25’’ (1:2,500) Mapping (1863-1913)
9 Changes to Legislation => data gap between & after
& Licensing
10 Contaminated Land  NI OSI have digitised all historical mapping which enable comprehensive
Inventory? review of site’s history

Slide 17

SITE INVESTIGATION

PRELIMINARY SITE INVESTIGATION - Historic Mapping Review
CASE STUDY - BELFAST FORMER INDUSTRIAL SITE
1 Background
2 Extent of CL
50K
3 Management of
DISCOV.
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 18

SITE INVESTIGATION

CASE STUDY BELFAST FORMER INDUSTRIAL SITE
1 Background
2 Extent of CL
6’’ 2nd
Ed.
3 Management of
Contaminated Land 1831
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 19

SITE INVESTIGATION

1 Background
2 Extent of CL
25’’ 3rd
Ed.
3 Management of
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 20

SITE INVESTIGATION

1 Background
2 Extent of CL
25’’ 4TH
Ed.
3 Management of
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 21

SITE INVESTIGATION

1 Background
2 Extent of CL
25’’ 1st
Ed.
3 Management of
Contaminated Land I.G.
4 Existing Legislation 1961
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 22

SITE INVESTIGATION

1 Background
2 Extent of CL
3 Management of
Former
Contaminated Land Site
4 Existing Legislation Layout
5 Site Investigation 1968-
6 Risk Assessment 1990
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 23

SITE INVESTIGATION

1 Background
2 Extent of CL
3 Management of
Former
Contaminated Land Site
4 Existing Legislation Layout
5 Site Investigation 1990
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 24

SITE INVESTIGATION

1 Background
2 Extent of CL
3 Management of
Current
Contaminated Land OS
4 Existing Legislation 1:1,000
5 Site Investigation Scale
6 Risk Assessment Mapping
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 25

SITE INVESTIGATION

1 Background
2 Extent of CL
3 Management of
Google
Contaminated Land Aerial
4 Existing Legislation Photo
5 Site Investigation 2010
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 26

SITE INVESTIGATION

1 Background
2 Extent of CL
3 Management of
Google
Contaminated Land Street
4 Existing Legislation View
5 Site Investigation Photo
6 Risk Assessment 2010
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 27

SITE INVESTIGATION

1 Background
2 Extent of CL
3 Management of
Comprehensive Desk Study
Contaminated Land  Vendor should release all available environmental, site
4 Existing Legislation investigation and engineering reports/drawings, BH
5 Site Investigation logs/drillers logs, etc.
6 Risk Assessment  Former or Discharge or Waste Permits – compliance record,
7 Site Remediation may require visit to LA office, review of prosecution notices;
8 Reality Check
 Environmental Health Reports, H & S history, fire accident
& Licensing
or significant spillage incidents, etc
10 Contaminated Land  No drawings are not relevant e.g. old underground service
Inventory? drawings, as built drawings, services underground CCTV survey
videos, etc

Slide 28

SITE INVESTIGATION

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

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

Slide 29

SITE INVESTIGATION


1 Background
Comprehensive Desk Study
2 Extent of CL
 Soil, subsoil, geology, hydrogeology, hydrology/flood history – on-line
3 Management of
information and mapping from GSI, EPA, OPW(www.floodmaps.ie), etc
Contaminated Land
4 Existing Legislation  Groundwater quality data for nearby public wells;
5 Site Investigation  GSI Borehole records within 500m of site – no records - may require door
6 Risk Assessment to door survey, aquifer class and vulnerability
7 Site Remediation  River Basin Management Districts Risk Assessment Reports for
8 Reality Check
Groundwater & Surface Water Bodies
& Licensing
Inventory?

Slide 30

SITE INVESTIGATION


1 Background
Site Walkover (Phase I Audit)
2 Extent of CL
3 Management of
 Topography: indications of slope instability, spoil heaps or
Contaminated Land signs of ground subsidence
 Geology: exposures of soils and rocks which can be
examined and sampled.
6 Risk Assessment
7 Site Remediation  Surface water signs of flooding; springs; waterlogging. &
8 Reality Check groundwater:
9 Changes to Legislation  Vegetation: signs of vegetation die-back or restricted
& Licensing
vegetation as a result of contamination of the ground;
Inventory?
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.

Slide 31

SITE INVESTIGATION


1 Background Site Walkover (Phase I Audit)
2 Extent of CL  Contamination: indications of spills, disturbed ground, areas
3 Management of of fill or spoil heaps, old fuel or oil tanks.
Contaminated Land
 Structures: settlement of existing structures or the use of
5 Site Investigation asbestos; indicators of archaeological value.
6 Risk Assessment  Local Knowledge: anecdotal information on past uses of the
7 Site Remediation site or past problems in the area.
8 Reality Check  Access & Services: information such as access for site
9 Changes to Legislation equipment and location of buried or overhead services.
& Licensing
 Advice on undertaking walk-over surveys has been provided
by the UK Department of the Environment (CLR 2, 1994a) and
Inventory?
the Building Research Establishment (BRE Digest 348, 1989).
See also CLR 3, CLR 11, BS5930 and BS10175.

Slide 32

SITE INVESTIGATION


1 Background Site Investigation (SI)
2 Extent of CL  Do you have enough information from the vendor to accurately put together
3 Management of a Remedial Action Plan (RAP) and approximate Clean-up Costs for your client?
Contaminated Land  What does your client (the buyer) want to do?
4 Existing Legislation  Clean up a former Town Gas Plant and develop into residential units with
back gardens? ‘Heavy industry’ to ‘Residential with potential plant’
5 Site Investigation uptake Most sensitive use! Site Specific Target Levels (SSTLs) may be
6 Risk Assessment prohibitive.
7 Site Remediation
 Clean up/redevelop an old petrol station into new petrol retail station –
no change in use. Achieve ‘Suitability for Use’. However, need to consider
8 Reality Check proximity of adjacent residences/property
9 Changes to Legislation  If an SI is required will vendor co-operate on access? Disruption to on-site
& Licensing operations? Compensation?
10 Contaminated Land  If you are installing groundwater and/or gas monitoring boreholes you are
Inventory? 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

Slide 33

SITE INVESTIGATION

Site Investigation (SI)
1 Background  Vendor agrees to access.......what SI technique will give the best return
2 Extent of CL of information?
3 Management of  Trialpit investigation – best technique for assessing soil contamination
Contaminated Land 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
5 Site Investigation domestic/putrescible waste, quick & no ground disturbance
6 Risk Assessment  Soil vapour survey – good for detecting shallow contamination in petrol
7 Site Remediation
retails sites…but beware of doing in cold weather
 Window sampling – least disruption, limited to max of 5-6m (normally
8 Reality Check 3.0-3.5m), access to groundwater may not be possible if SWL is lower,
9 Changes to Legislation for well construction - problem of smearing in cohesive soils, work best
& Licensing in permeable sands/gravels
10 Contaminated Land  Shell & Auger – good for depth & logging of soils, but slow particularly
on boulder tills, only to top of competent rock
Inventory?
 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

Slide 34

SITE INVESTIGATION

DETAILED SITE INVESTIGATION

1 Background
2 Extent of CL Why?
3 Management of 4. Found severe contamination – want to delineate extent of
Contaminated Land plume – vertically and horizontally;
5. Found type of contamination which was not expected
based on site history (e.g. DNAPLs or sinking product) –
6 Risk Assessment
more comprehensive laboratory suite
7 Site Remediation
8 Reality Check
6. Firm up on design for proposed remediation solution –
carry out pump tests to determine permeability of
& Licensing overburden/bedrock
Inventory?

Slide 35

SITE INVESTIGATION

SITE INVESTIGATION PRACTICES
1 Background
2 Extent of CL GOLDEN RULES:
3 Management of  Log soils to BS5930:1999 – universal language for
Contaminated Land geologists/engineers;
 Design site investigation to be consistent with
BS10175….remember..the purpose of the site investigation is to
6 Risk Assessment
get access to the media (soil, groundwater or gas). Look at
7 Site Remediation
density of monitoring points (i.e. herringbone, etc);
8 Reality Check
 Beware of cross-contamination…..hydraulic fluid, etc; and
& Licensing  Make sure laboratory suite is correct for type of contaminants
10 Contaminated Land found on site e.g. textile industry azodyes/amines wont get
Inventory? picked up by the standard sVOC analysis.
EA/NHBC Guidance for the Safe Development of Housing
Affected by Contamination R & D 66., 2000

Slide 36

RISK ASSESSMENT

MAINTAIN FOCUS ON KEY CONCEPT
1 Background SOURCE PATHWAY TARGET (OR RECEPTOR)
2 Extent of CL
3 Management of
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 37

RISK ASSESSMENT
1 Background
2 Extent of CL
3 Management of
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 38

RISK ASSESSMENT

SOIL GENERIC ASSESSMENT CRITERIA FOR GENERIC QRA
1 Background
 UK Department of Environment, Food and Rural Affairs (DEFRA) - Contaminated
2 Extent of CL Land Exposure Assessment (CLEA) Model – Soil Guideline Values, 2009 - Residential
3 Management of with plant, Allotment and Industrial/Commercial for sandy loam soil and 6% soil
Contaminated Land organic matter (SOM) (12 SGVs);
4 Existing Legislation  LQM/CIEH Generic Assessment Criteria for Human Health Risk Assessment, 2nd
5 Site Investigation Edition, 2011 – Residential Land-use, Allotment Land-use and Commercial Land-Use
at 6% Soil Organic Matter (82 SGVs);
6 Risk Assessment
7 Site Remediation  EIC/AGS/CL:AIRE Soil Generic Assessment Criteria for Human Health, 2010
(35 SGVs);
8 Reality Check
9 Changes to Legislation  National Institute of Public Health and the Environment of The Netherlands -
& Licensing The Soil Protection Guidelines (Dutch Criteria) – Intervention and Target Values -
Dutch standards are widely used by Irish LAs & consultants. Overly conservative as
10 Contaminated Land derived for Dutch soils which are predominantly sandy;
Inventory?
 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….

Slide 39

RISK ASSESSMENT

1 Background
DETAILED QRA –
2 Extent of CL
DERIVE SITE SPECIFIC TARGET LEVELS (SSTLs)
3 Management of
Contaminated Land  Contaminated Land Exposure Assessment (CLEA) Model – Soil
Guideline Values, 2009 (Soil lab data);
 Risk Based Corrective Assessment (RBCA) Model (Soil & water
6 Risk Assessment
lab data);
7 Site Remediation
8 Reality Check
 Environment Agency Remedial Targets Methodology 2006(8) –
9 Changes to Legislation Controlled Waters.
& Licensing
 RISC-HUMAN (Site Specific DQRAs)
Inventory?

Slide 40

SITE REMEDATION
BREAK THE S-P-T CHAIN

SOURCE
 Remove – Dig & dump but where does it go?
1 Background
 No Hazardous Waste landfills but…
 1 * Hazardous Waste Treatment (Bioremediation) - ENVA Facility in
2 Extent of CL Portlaoise – accepts hydrocarbon contaminated soil with Mineral
3 Management of Oil>500mg/kg
Contaminated Land  1 * Hazardous Waste Transfer Station – RILTA Faciity in
4 Existing Legislation Greenogue – accepts & exports hydrocarbon contaminated soil with
Mineral Oil>500mg/kg
5 Site Investigation  1 * Non-Hazardous Waste Landfill which can accept hydrocarbon
6 Risk Assessment contamination with Mineral Oil<500mg/kg & Total 17 PAH<100mg/kg
7 Site Remediation  1 * Non-Hazardous Waste Landfill which can accept hydrocarbon
contamination with TPH<1,000mg/kg (also only landfill which accepts
8 Reality Check asbestos C&D waste
9 Changes to Legislation  1 * Inert Waste Landfill which can accept only C&D. No hydrocarbon
& Licensing contamination.
10 Contaminated Land  Cost of disposal of Hazardous Waste/hydrocarbon contaminated
Inventory?
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

Slide 41

SITE REMEDATION
BREAK THE S-P-T CHAIN

 SOURCE
 Treat soil on-site e.g. windrow, ex-situ soil biopiling, soil, washing,
1 Background etc – requires a waste licence
2 Extent of CL  Removing hydrocarbons from groundwater (e.g. pump & treat, dual-
3 Management of phase extraction, etc) may require just a LA Discharge Licence.
Contaminated Land  Soil Vapour Extraction (e.g. petrol retail station remediation) or use
of Oxygen or Hydrogen Release Compounds (ORCs or HRCs) – no
approval required
6 Risk Assessment  PATHWAY
7 Site Remediation  Isolate the hazard – vapour cut-off walls, PRBs, capping, LF gas
8 Reality Check
venting – significant groundworks & may require planning
 Dust suppression – landscaping/capping
& Licensing
 Immobilise – lime stabilisation…however, getting into waste licence
activity
Inventory?  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.

Slide 42

SITE REMEDIATION

Expect the unexpected……….
1 Background
2 Extent of CL
3 Management of
Contaminated Land
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 43

REALITY CHECK
 DRIVERS
 Brownfield Developers need reasons not to go for a greenfield site…one of
1 Background those reasons has to be a financial one!
2 Extent of CL
 Most Irish LAs lack expertise in contaminated land unlike UK LAs where
there is often a dedicated Contaminated Land Officer…consultant telling the
3 Management of regulator what questions she/he should be asking.
Contaminated Land
 Often Irish LAs request the assistance of the EPA or hire external
4 Existing Legislation consultant/expert….this takes correspondence and….time
5 Site Investigation  Following SI and RA, if dig & dump solution too expensive and on-site
6 Risk Assessment remediation is option (i.e. enough space & time), Pre-waste Licence
Application Process needs to be initiated. Applying for a Waste Licence is
7 Site Remediation
prohibitive on a number of fronts:
8 Reality Check  Republic - Cost €16k (i.e. €10k application fee + €6k surrender fee) –
9 Changes to Legislation as yet no applicants since WMA 1996
& Licensing  Northern Ireland – Cost €6.9k Total– currently 4 mobile licences
10 Contaminated Land  Time to acquire licence – no fixed time for process
Inventory?  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.
Slide 44

REALITY CHECK
 DRIVERS
 Contaminated soil (i.e. Hazardous waste) disposal is too expensive in
1 Background Ireland.
2 Extent of CL  In most petrol retail remediation projects dig & dump is the only
3 Management of solution – built up areas, no space, etc.
Contaminated Land  Contractors are afraid to dig in brownfield site…if it’s
4 Existing Legislation contaminated it’s a waste & an offence to bury it!
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 45

CHANGES TO LEGISLATION & WASTE
LICENSING?
 Adopt key areas of Soil Framework Directive in new Contaminated Land
1 Background Regulations – shore up legal lacuna
2 Extent of CL  EPA to take responsibility for non-historic waste brownfield sites
3 Management of  Second a qualified EPA staff member to work as a Contaminated Land
Contaminated Land Officer (CLO) for a number of LAs (e.g. regional waste region – 2-3 LAs)
4 Existing Legislation  CLO to draw up Contaminated Land register of non-historic waste for each
5 Site Investigation county (WMA Section 26 Register?)
 CLO to assess SI/RA reports, Remedial Plans, etc
6 Risk Assessment
 CLO to process waste licence applications
7 Site Remediation
8 Reality Check
 EPA review costs for fixed soil remediation waste licences and
& Licensing
consider introduction of mobile licence applications as per NI
 EPA provide fixed timescale for waste licence applications
Inventory?
WHY? ……DEVELOPERS DON’T LIKE IF’S & UNKNOWNS!
 GIVE THEM REASONABLY ACCURATE NUMBERS & TIMELINES!

Slide 46

CONTAMINATED LAND INVENTORY FOR
REP. OF IRELAND?
IRISH EPA STUDY 1999
• Historical Sites
1 Background – Old Gas Works 50-80
– Closed Landfills 265 (OEE figures?)
2 Extent of CL – Closed Mine sites 128 (38 with Tailings
Ponds, 11 recent/present
3 Management of high risk)
Contaminated Land – Old Fertiliser Plants 4-6
– Closed Tanneries 10 -12
5 Site Investigation • Current Operational Sites
6 Risk Assessment – Existing Landfills 76 LA 50 Private
(Registration
7 Site Remediation ongoing)
– Mining/Minerals site in operation ca. 7 (MWD)
8 Reality Check – Chemical Industry 150 –160
9 Changes to Legislation – Petroleum import terminals (IPIA) 22
& Licensing – Petrol Stations 900 –1200
– Tanneries 3
10 Contaminated Land – Dockyards 14-16
– Military Sites 1
Inventory?
– 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
Slide 47

REP. OF IRELAND?

• NI Environment Agency DATABASE
1 Background
2 Extent of CL
3 Management of
Contaminated Land – >14,000 Potentially Contaminated Sites
4 Existing Legislation estimated in 2011
6 Risk Assessment
– Continual updating - & continuously
7 Site Remediation revised upwards from 11,825 in March
8 Reality Check 2009
& Licensing • High Risk - 8199
10 Contaminated Land • Medium Risk - 1811
Inventory?
• Low Risk - 1599
• Uncategorised - 216
– 30 land use categories
Slide 48

REP. OF IRELAND?

WHO IS CORRECT?
1 Background IRISH EPA OR NIEA
2 Extent of CL
3 Management of
Contaminated Land • 2006 DOELG/ARUP Report on Petroleum Sector
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 49

REP. OF IRELAND?

WHO IS CORRECT? IRISH EPA OR NIEA

1 Background • In EPA inventory there is an absence of
2 Extent of CL information on following industrial/commercial
3 Management of sectors:
Contaminated Land – Oil Depots (i.e. Diesel/Kerosene only) – 250-300?;
4 Existing Legislation – Dry Cleaners (768 EPA Solvent User Database);
5 Site Investigation – Garages/Mechanic Workshops – 7,500?;
6 Risk Assessment – Car Panel Beaters/Solvent Paint Workshops -100?;
7 Site Remediation – Military Firing Ranges (i.e. Ballistic Berms) – 20?;
8 Reality Check – Local Authority Designated Derelict Property
9 Changes to Legislation (abandoned LA housing & halting sites) -500?
& Licensing
10 Contaminated Land • LA Section 22 Inventory –
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

Slide 50

REP. OF IRELAND?

1 Background
2 Extent of CL
3 Management of
Contaminated Land
Town Gas Plants/
5 Site Investigation Coal Tar in BI
6 Risk Assessment
7 Site Remediation
8 Reality Check
& Licensing
Inventory?

Slide 51

REP. OF IRELAND?

1 Background
2 Extent of CL
3 Management of
Contaminated Land
Town Gas Plants/
5 Site Investigation Coal Tar
6 Risk Assessment 37 in NI
7 Site Remediation 138 in Rep. of I 2
8 Reality Check
& Licensing
Inventory?

Slide 52
2. Mulroy Environmental Inventory using OSI on-line historical mapping

THANK YOU!

Slide 53

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