Ministry of Environment and Sustainable Development of Argentina

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2 Argentinean context on Contaminated Sites: cases and challenges

3 SOME EMBLEMATIC CASES Slum adjacent to a petrochemical facility. Hydrocarbons contamination in groundwater.

4 SOME EMBLEMATIC CASES Site Assessment and Environmental Risk Analysis. Soil capping to isolate vapor intrusion from groundwater could be an acceptable alternative.

5 SOME EMBLEMATIC CASES Slags from old mining activity, containing Pb and other metals. Lead in blood in local population. Remediation financed by Inter-American Development Bank, developed with community involvement.

6 SOME EMBLEMATIC CASES Removal and disposal on isolated cell, cleaning of contaminated dust in houses. Recovery of site as cultural and sports center.

7 KEY REGULATORY CHALLENGES Lack of a clear liability criteria, Lack of a clear legal definition of Contaminated Site, No clear criteria for establishing the scope of a remediation, Lack of incentives for compliance, Lack of tools for a more effective enforcement, No effective solution for orphan sites.

8 THE PROCESS TOWARDS A NEW NATIONAL LEGISLATION INTERJURISDICTIONAL WORKSHOPS

9 THE PROCESS TOWARDS A NEW NATIONAL LEGISLATION METHODOLOGICAL GUIDELINE FOR CONTAMINATED SITES MANAGEMENT: A Phased-approach for Identification, assessment, prioritization, and remediation.

10 MAIN ASPECTS OF THE BILL Local enforcement Power, with National intervention in cases of interjurisdictional impact or when assistance is required, Several liability between polluter and owner, Obligation to report CS to competent authorities, Tax incentives for reporting old CS during the firs two years after the Law is approved, Reversing of burden of proof in Potentially Contaminated Sites, New criteria for CS declaration: (Generic Reference Levels, Site Specific ERA, Background levels,

11 MAIN ASPECTS OF THE BILL Clear establishment of scope of remediation, Creates a National Fund for orphan Sites, Sets a mandatory articulation with local Registries of Real Property (status of the site before, during, and after remediation). Enhance capabilities for recovery of costs from liable parties, Minimal national requirements for professional suitability and technologies, Fosters productive recovery of idle contaminated properties, Establishes a special regime for progressive remediation of orphan sites or public domain sites.

12 Sequence of technical and administrative actions considered in the Bill NO YES Investigation required/ State investigates NO CS Reported? NO Signs Of PCS? GRL exceeded? YES Remediation Plan presentation Plan approved? YES Remediation Confirmatory Monitoring NO REFRENCES: CS: Contaminated Site PCS: Possible Contaminated Sited GRL: Generic Reference Levels RRP: Registry of Real Property RS: Remediated Site End of actions YES NO YES Is risk acceptable? NO Background Levels exceeded? Notification to RRS YES CS Declaration Registration on Federal Registry of CS GRL, acceptable risk or Background levels reached? YES RS Declaration Status change in Federal Registry of CS NO

13 ESTIMATED ECONOMICAL IMPACT OF THE ORPHAN SITES REMEDIATION FUND 0,003% of the National Public Administration Budget Fiscal returns: 40% of total investment Employment: 20% of total investment Savings in public health: 2,5% of total investment Real state value recovery: 15% of total investment NPV of 20 years incomes form recovery of idle properties: 13% of total investment Mitigation of conflict risk: 16% of total investment $ $ $ $ $ $ $ $ $ 0 Investment: Fund Budget(0,003%) TOTAL BENEFIT (Without cofinance) TOTAL BENEFIT (With co- finance)

14 Thank you! Leonardo Pflüger Contaminated Sites Program Coordinator