A global environmental analysis must be considered. The policy of risk management according to use does not eliminate the need to seek possible ways to eliminate
the sources of pollution, taking into consideration available techniques and their cost.
Costs-benefit analysis does not involve simply carrying out a detailed study, but rather providing factual elements of comparison for all possible solutions.
It must provide information that will serve as a basis for discussion between:
•building owners, project superintendents, engineering and design departments and remediation companies
•owners, and government authorities (when the latter study the Management Plan)
After the management options have been identified, the Management Plan is developed based on a cost-benefit approach that takes into account the following
•technical measures and their cost
•socio-economic and environmental aspects
•sustainable development prospects and the global environmental assessment
The Management Plan having the most favourable cost-benefit analysis is chosen, care being taken, however, to discriminate in favour of options that enable:
•firstly, the elimination of the source of contamination (e.g. treatment, removal of highly contaminated soil)
•secondly, the deactivation of transfer pathways
If the pollution in question is historical, it is necessary to reach the best level of environmental protection for humans and the environment at a reasonable
cost, while avoiding the unnecessarily disproportionate use of resources compared to the interests to protect. Cost-benefit analysis must therefore be
done so that decision makers have tangible elements that justify their final choices.
It is not always necessary, for example, to excavate contaminated soil from sites where environmental impacts have been identified long since and are well
known. Alternative solutions can be proposed such as on-site treatment or containment.
The CBA approach makes it possible to validate a Management Plan, from among the various management options, while seeking:
•firstly, measures that will eliminate the contamination while considering all available techniques and their cost
•secondly, in the event that measures to eliminate the source are inexistent or insufficient, measures that will permanently eliminate all possible contact
between the contamination (soil, emissions, etc.) and people
The criteria to consider are both objective (technique performance, their cost) and subjective (social acceptability of a management option).
However, the justification of the technical choices made and the proposed management measures must now be based on explicit, well-argumented and transparent
CBA is mentioned in:
•the Decree of September 21, 1977, art. 34-3: '[…] the prefect determines, if necessary, […] what work and monitoring measures are needed. These prescriptions
depend on the proposed use, taking into account the effectiveness of the remediation techniques under economically acceptable conditions and the cost–benefit
analysis of the remediation with regard to the proposed uses.'
•the Decree of June 24, 2004 concerning the Operational summary referred to in the Decree of September 21, 1977 in application of the European Commission
Directive 96/61/CE of September 24, 1996 concerning Integrated Pollution Prevention and Control (IPPC Directive).
Other texts are also partly based on this concept:
•the Law no. 95-101 of February 2, 1995, concerning the Strengthening of environmental protection:
'The principle of active prevention and mitigation of environmental damage, if possible at the source, using the best available techniques at an economically
New regulations that went into effect on February 8, 2007:
•Note of the Ministry of Ecology of February 8, 2007 concerning Contaminated sites and soil - Contaminated site management and remediation procedures
•Circular of the Ministry of Ecology of February 8, 2007 concerning Classified Installations - Prevention of soil contamination - Contaminated site management
•Circular BPSPR/2005-371/LO of the Ministry of Ecology of February 8, 2007 concerning the Closure of Classified Installations - Chain of liability - Defaulting
of responsible parties
•Circular BPSPR/2006-77/LO of the Ministry of Ecology of February 8, 2007 concerning Classified Installations - Application procedure for the detention
of funds as mentioned in Environmental Code no. 514-1