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The first phase of the process, the
Preliminary
Recognition Phase consists in gathering information
to assess the possibility that significant pollution
has been or is being produced in the soil on which an
activity has been performed.
This phase identifies two different site origins:
- Sites where a Potentially Soil Contaminating Activity
(hereinafter PSCA) in accordance with articles 3.1
and 3.2 of RD 9/2005 is being carried out
- Other sites connected with reports of fly-tipping,
accidents where dangerous substances have been involved,
changes of use of the soil, etc.
The information associated with this phase differs
depending on the origin of the site described:
- In the case of the PSCAs, the documentation,
of in accordance with RD
9/2005, is the Preliminary
Situation Report (PSR).
- For other sites, the
documentation is the explanatory report of the
events that have taken place, making it possible
to evaluate the suspicion of the existence of evidence
of pollution.
The documentation presented in this phase and the
evaluation of the information content by the administration
must make it possible to decide whether there is evidence
of soil pollution, that is to say, whether significant
pollution has been or is being produced in the soil
connected with PSCAs or from other origins.
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The existence of evidence
of pollution will require amplification of the available
information and, therefore, a new investigation stage:
Preliminary Evaluation Stage.
This stage corresponds to the preparation of the
Preliminary Evaluation
Report. There must be a first real approximation
to the magnitude of the problem, define the origin
and nature of the focus of pollution, the transmission
vectors and the subjects to be protected, and define
whether emergency actions are necessary.
This stage involves sampling of soils, sediments,
residues and/or waters. The results will have to be
evaluated and interpreted taking into account the
object of protection and the use of the soil or the
organisms to be protected.
In this stage, the analytical results of the soil
samples must allow a direct comparison of these with
the General Reference Levels (hereinafter GRL) established
in RD
9/2005.
In this stage too, if the object of protection is
human health, it will be necessary to determine whether
the concentration of TPH (total petroleum hydrocarbons)
exceeds 50 mg/kg and if the object of protection is
the ecosystem, whether there is toxicity of in accordance
with the bioassays specified in annex IV of RD
9/2005.
The results of this comparison can lead to:
- If the above-mentioned GRLs are not exceeded,
the studied soil presents no alteration in its chemical
quality that indicates the need to carry out new
investigation stages, and so this would be unpolluted
soil.
If this depends on the use of the soil, control
measures must be established for the case of change
of use.
- If the above-mentioned GRLs are exceeded, the
studied soil presents alteration in its chemical
quality and, so it will be necessary to carry out
a new study phase with a detailed investigation
that includes a risk analysis.
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The
Detailed Evaluation Stage consists in preparing
the Detailed
Evaluation Report which must make possible a precise
identification the focus or foci of pollution, to
determine the scope of the pollution, to decide whether
the risk is acceptable or unacceptable and, in the
latter case, to obtain sufficient information to move
on to the following study phase.
In this phase the result of the risk analysis will
determine whether:
- The risk is acceptable and then the soil is considered
as non-polluted.
If this depends on the use of the soil, control
measures must be established for the case of change
of use.
- The risk is unacceptable and, therefore, the
soil is considered as polluted.
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The consideration of a soil
as polluted supposes the obligation to perform the
environmental recovery actions for the site. The Recovery
Stage of a site is divided basically in three
stages:
- The preparation of a Recovery
Project, starting from an analysis of the alternatives
of recuperation according to technical, financial
and environmental criteria.
- The execution
of this when the project has been approved. This
involves the need to monitor and control the evolution
of the environment and, in certain cases, a residual
risk analysis.
- The final confirmation of the effectiveness of
the actions carried out by means of, if appropriate,
a medium or long term monitoring.
If the results do not meet the set values, additional
proposals for recovery will have to be implemented.
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