Environmental Engineering Reference
In-Depth Information
this can be an advantage, because more stakeholders are involved that can contribute
to the solution and gain benefits from it, and different policy goals, like attractive
urban landscapes and job creation, can be reached simultaneously. Many Brownfield
redevelopment projects are now funded jointly by public and private parties. Public-
private partnership financing became a preferred option and several variations on
this theme were developed. However, remaining liabilities and possible future obli-
gations for the land-owners after the remediation of their site are still major obstacles
to Brownfield investment. Appropriate products of insurance companies can con-
tribute to minimize risks and stimulate investments in Brownfields, but public
authorities could also share or take over some of risks for future obligations and lia-
bilities. This leads to a third generation of contaminated site management policies,
which has just started in some countries, It should be noted that the third generation
discussed below is not a replacement but an addition to the second generation in
order to increase the success of this policy,
23.3.3 Generation 3: Regulations are Used to Create Opportunities
and to Remove Barriers for Remediation by Private Parties
Central to the feasibility of remediation and redevelopment by private parties is their
assessment of the social and economic viability of redevelopment of a site. This
can already be quite complex in situations without soil contamination problems.
The uncertainties concerning the amount of contaminated soil and groundwater
present at a site, the risks (especially the perceived ones) for future use and func-
tions, and uncertainties about the timeframe and the success of the remediation,
may further increase the complexity and may form an additional barrier for rede-
velopment. There are three main categories of difficulties. One is related to costs
and how these can be shared among public and private parties. This difficulty was
already addressed in the generation 2 policy. The second difficulty is related to the
risk of failure of the contaminated site remediation and how this risk is shared
among the different parties. Potential failures translate into potential future costs
and the sharing of these can be part of a public-private partnership as well. The
third one is possible obligations and liabilities for contamination that can remain
in place in view of the intended use of the site. Scientific insights about the risk of
the contamination may change, and groundwater contamination may disperse more
than expected, or future public authorities may want to change the use of the site.
Landowners do not want to become problem-owners after redevelopment. Moreover
most stakeholders and new landowners do not feel responsible for groundwater,
which often extends beyond the boundaries of landownership. Regulations allowing
public authorities to take over some of the risks for future liabilities and obliga-
tions for groundwater management and remediation are currently being explored.
These regulations do not intend to weaken the polluter-pays-principle but to protect
landowners from uncertain obligations and responsibilities and increase their will-
ingness to cooperate as stakeholders in the redevelopment project. Due to this the
voluntary remediation by private parties is likely to increase.
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