EIONET NRC Soil
Ad-hoc Working Group on Contaminated Sites and Brownfields
“Discussion paper for the revision of the contaminated sites indicator”
Portuguese comments on key observations
Key observation 1: Countries are invited to comment their experience in reporting the
progress per management step and submit their own proposal in order to improve the
data collection.
A: Although Portugal did not participate in former questionnaires, an exercise was
performed based on the Management of Contaminated Sites – Questionnaire 2011.
Based on that exercise, the available Portuguese data will need to be worked out to
fulfil the requirements of EIONET questionnaire, as the definitions of the processing
steps of potentially contaminated/contaminated sites have some differences to the
EIONET model (draft International Standard ISO/DIS 10381-5).
As a result of this, the attached proposal we submit, based on the Questionnaire 2011
with modifications in track-changes, focus on two main aspects:
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To eliminate all the questions about estimatives, except questions 1a (1a1 /
1a2). Despite understanding that this estimatives are important to pressure the
policy makers about soil degradation and the urgency of act in order to protect
or restore its functions, the degree of uncertainty associated with the
methodology used by each country does not allow a comprehensive
comparison of the data reported by the MS;
To harmonize table 1a with table 2a. There is redundancy in some activities,
listed under different names and there is some partition that may not be
necessary and even may difficult the data collection.
Key observation 2: Countries are invited to comment the definitions provided by EUR
26376 EN and submit their own proposal before the meeting.
A: Both definitions of “potentially contaminated site” and “contaminated site” are in
accordance with the definitions proposed on the draft of the Portuguese legislation on
contaminated soil.
The definition of “remediation site” is in accordance with the foreseen national
definition of “remediation”, that also includes a definition of site.
Key observation 3: Countries are invited to comment and submit before the meeting
their own proposal of a date to report the newly identified contaminated sites.
A: If national legislation on contaminated soil is published this year as expected, in a
two years period, Portugal will be able to participate in the concerned questionnaires
with comprehensive data of potentially contaminated sites and possibly some data
concerning contaminated sites. Shall a questionnaire be launched earlier than this time
period, our participation will be more limited, with the data collected so far.
Key observation 4: Countries are invited to clarify if they maintain or not
national/regional or local inventories.
A: The forthcoming Portuguese legislation on contaminated soil foresees a national
inventory.
Key observation 5: Countries are invited to comment on i) the criteria to decide when a
site is or is not contaminated, ii) the best practices and suitable methodology to
establish what is or not a contaminated soil and iii) to develop a guidance document
on best practices on contaminated sites and submit a proposal before the meeting.
A: According to the forthcoming national legislation on contaminated soil a
contaminated site is a site where a risk assessment proved the existence of an
unacceptable level of risk to human health and/or to ecosystems/environment,
considering the current or anticipated use of the site. This risk assessment is the final
step of a three step evaluation process (preliminary, exploratory and detailed
evaluations). At the first level (preliminary evaluation) the site operator fulfils a
questionnaire which has an associated algorithm and a rating scale that will classify the
site as potentially contaminated or not. If so, the site goes to the second level of
evaluation and the results from field analyses will be compared with Reference Values.
If these are exceeded, the still potentially contaminated site goes through a risk
assessment and if proven that there is an unacceptable level of risk to humans and/or
ecosystems/environment, the site is considered as a contaminated site and
remediation measures and actions must be performed. As an alternative to risk
assessment step, the site operator can remediate the soil to contaminant’s
concentrations below Reference Values.
Following the publication of the legislation, a Technical Guidance document on best
techniques on soil remediation, is foreseen to be developed.
Key observation 6: Countries are invited to comment about their policy targets and
submit their targets relating to the management of contaminated sites before the
meeting.
A: The only targets approved are related to the management/remediation of industrial
and mining orphan sites. These targets aim to have a 50% of the industrial orphan sites
and 89% of the mining orphan sites areas remediated by 2020.
March 04, 2015