We found an attractive property, but it is probably contaminated. What to do?

The first step to check the past of a selected property should be a visit to the publicly available GDOŚ Geoserwis site , where you can check whether a site is contaminated or has historical contamination status. However, it should be noted that this source does not guarantee 100% certainty, unlike information obtained directly from the relevant branch of the Regional Director of Environmental Protection (RODŚ).

Attractive land, not infrequently in very good locations, may have a post-industrial past, which is not necessarily to be feared. However, it is important to be aware of what to expect from the selected land.

When analyzing the topic of contaminated land surface, two statements most often appear: environmental damage and historical pollution.

Environmental damage is a negative change in the state and function of the elements of the environment, which was caused directly or indirectly by the entity using the environment. Under the law and in accordance with the "polluter pays" principle, an obligation is imposed on the landowner to restore the state of the environment to the currently prevailing regulations.

Historical pollution of the land surface is called an area where the activities carried out have adversely affected the condition of the land as of the day before April 30, 2007. A prospective buyer must be aware that if the perpetrator of the contamination is not found, the obligation to carry out remediation may be transferred to the new property owner.

Early risk analysis before buying a plot of land - time is of the essence!

Unfortunately, many investors make the mistake of expecting remediation companies to quote both environmental land surveys and the remediation itself at the same time.

In order to prepare a quote for environmental studies, basic data such as the plot area, the data contained in the LSDP and the subsequent intended use of the investment are not enough.

Preparing a reliable bid for remediation works requires more data. The most important and indispensable are the data obtained from the environmental studies conducted earlier. These are: the levels of concentrations of contaminants and the extent of their occurrence in the ground environment.

What are the pros and cons of early risk analysis for potential soil remediation?

Pros:

1. cost reduction. Previously undertaken measures can be optimized for ongoing construction work, such as excavation or deep foundation work;

2. reducing the risk of exposure of workers to hazardous substances;

3. selecting the optimal remediation method, without being limited only to methods that can be performed during the construction process;

4. gaining valuable time by starting the procedure for obtaining a remediation decision, which can take about 3 months from the time of the preliminary environmental studies;

Minuses:

1. Increased initial costs of the project;

2. Uncertainty in the cost of remediation without a thorough reconnaissance of the ground condition of the selected property;

3. some of the in-situ technologies may prove time-consuming compared to ex-situ remediation methods;

With a comprehensive risk analysis, investors can make informed decisions, minimize financial and legal risks, and plan appropriate remediation measures even before construction begins. Risk analysis of soil contamination should be an integral part of the investment process.

The article was written in cooperation with specialists in soil remediation and environmental restoration - REMEA Group