Identification of the operator responsible for the remediation of a contaminated site

Abstract

The EU Directive 2004/35/EC on environmental liability (ELD) introduced the obligation to attribute the prevention and remediation costs for environmental damage to the liable operator. In accordance with Italian Decree no. 152/2006 (Italian Environmental Code – IEC) Part IV, sourcing and identifying the operator responsible for the contamination of soil and groundwater is a compulsory step towards: imposing preventive measures, determining the characterization and the remediation of a contaminated site. As far as historical contamination is concerned, the identification must be based on sound, in depth temporal reconstruction of all the activities that developed in the site and which are associated with any contamination revealed; this also applies to identifying those contaminants, with qualitative supporting evidence deemed fit for use as tracers in order to define the causal link between the productive activity (positive actions or omissions) and the contamination detected. This study presents the approach followed in the historical reconstruction of a site where hazardous wastes had been illegally buried. Preliminary environmental investigation was called for to define the source(s) of contamination, the level of contamination and its extent. The analytical techniques applied are presented within the case study according to the specific contaminants identified (organo-chlorinated solvents), and characterized by high toxicity, persistence in the environment and bioaccumulation capacity. The investigation conducted and the subsequent assessments aimed at proposing a methodological framework to identify the operator responsible for remediation activities and at applying the Environmental Crime Directive 2008/99/EC, transposed into the Italian legislative framework with Law no. 68/2015.

Keywords:

• Contaminated sites
• environmental damage
• contamination responsibility
• organo-chlorinated solvents
• vinyl chloride (VC)

Acknowledgments

The authors would like to acknowledge the personnel of the laboratory Venice service of the Veneto Regional Prevention and Protection Agency.