The European Commission has recently published (6 May 2014) guidance on the preparation of Baseline Reports as required under the Industrial Emissions Directive (2010/75/EU) to assess the state of soil and groundwater contamination at installations covered by the Directive. The Baseline Report will be used to assess the condition of the site upon closure, with the operator responsible to remediate the site to the baseline condition taking account of the technical feasibility of doing so.
The Industrial Emissions Directive (2010/75/EU) or ‘IED’ entered into force within the European Union on 6 January 2011. The IED brings together the Integrated Pollution Prevention and Control Directive (2008/1/EC), the Waste Incineration Directive (2000/76/EC) and five other directives in a single Directive on industrial emissions. For industrial activities regulated by the IED, such as the proposed development, Article 22(2) of Chapter II of the IED states that:
"Where the activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after 7 January 2013".
The baseline report shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under paragraph 3. It shall contain at least the following information:
(a) Information on the present use and, where available on past uses of the site;
(b) Where available, existing information on soil and groundwater measurements that reflect the state at the time the report is drawn up or, alternatively, new soil and groundwater measurements having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation concerned.
For more information contact Niall Mitchell at 086 3856884.