La gestion des sites et sols pollués

• Since 1998, the Basias database has compiled a historical inventory of former industrial sites and service activities that may be sources of soil pollution. These inventories, conducted at the regional level by the Bureau of Geological and Mining Research (BRGM), are based on the analysis of administrative archives (departmental and prefectural records). • The information collected covers site identification and location, owner identification, activities conducted, land use, environment, previous studies and actions taken, and bibliography.

• Basias thus preserves the memory of these sites and provides useful information to urban planning, real estate, and environmental protection stakeholders. Basias does not include preliminary studies (analysis of inventoried data or site diagnosis) to determine the presence of pollution or assess inventoried sites. • However, Basias is also fed by sites removed from the Basol inventory once they are remediated, with or without restrictions. Conversely, when pollution is suspected, the information contained in Basias regional historical inventories can provide useful data on past and successive site activities, as well as the types of products and pollutants likely to have been used.

The national policy for managing contaminated sites and soils aims to manage risks based on land use. Pollution removal measures are defined case-by-case, taking into account available remediation techniques and associated costs.

• Beyond treating intrinsic pollution, risk management based on use involves managing health risks. This considers the hazard posed by the source and notably the persistence of pollutants in soils and aquifers. Risk management also involves identifying transfer pathways through soil, water, or air, as well as exposure routes. • Residual pollution may be maintained on a site if compatible with the intended use (industrial, residential, etc.). If necessary, conditions to manage health or environmental impacts may be defined.

The methodology for managing contaminated sites and soils established in 2007 was updated in 2017 to reflect experience feedback and regulatory or practical changes. The April 19, 2017 note recalls the actions taken by public authorities over the past twenty years regarding contaminated sites and soil management policy and explains the update to the text describing the methodology.

Implementation of the May 26, 2011 circular on "cessation of classified installation activity - responsibility chain - defaulting parties" enables recognition of orphaned sites as sites with "defaulting parties."

• Contaminated sites are considered orphaned when no solvent responsible party can be identified. After funds set aside for rehabilitation or safety measures fail, the ministry responsible for Sustainable Development entrusts the State, through Ademe (French Environment and Energy Management Agency), with project management of health and environmental safety measures and remediation work oversight. • The parties responsible for these sites (operators or owners) could not be identified, are not solvent, or refuse to meet their obligations. In the latter case, Ademe may pursue the responsible parties to obtain reimbursement of amounts spent. Additionally, Ademe may need to intervene in emergencies.

To limit such interventions, a system of financial guarantees at the commissioning of certain installations likely to pollute soils was established in April 2012.

• These new information tools identify land where confirmed soil pollution requires, particularly in case of change of use, conducting soil studies and implementing pollution management measures to protect public safety, health, sanitation, and the environment, in order to consider them in development projects. • Like public utility easements, SIS aim to inform the public, but without prohibiting or restricting soil use; only compatibility between soil conditions and projected use is considered.

• The State must develop SIS by January 1, 2019 (Alur law of March 24, 2014, article 73, decree of October 26, 2015 on SIS). Creation of these sectors is subject to departmental prefect orders after consultation (municipalities, public) and notification of property owners. • After publication by prefect order, SIS are attached to urban planning documents.

• The owner or landlord must then inform the buyer or tenant through buyer-tenant information that the property is located in an area with soil pollution. The buyer may claim the right to have the land remediated at the seller's expense, when the cost is not disproportionate to the sale price. • The developer must consider soil study conclusions to manage pollution in the construction or development project to ensure safety and preserve health and the environment. The certificate issued by a certified engineering firm, or equivalent, in the field of contaminated sites and soils, must be provided by the project manager when applying for building or development permits.