This is a 5000sq ft office building to be built in an existing building. When they dig the columns foundations they discovered two fuel oil 2 tanks. Both where removed but when the soil was tested it was contaminated. This is a LEED NC 2009 project outside the US where no environmental laws regarding this issue exist. Question is, are we required to remediate the contaminated soil as per the minimum program requirements suggests, even though there are no local requirements? Can we take full credit of a brownfield redevelopment if remediate the soil and continue with the project?
Thanks
Larry Sims
PrincipalStudio4, LLC
LEEDuser Expert
161 thumbs up
May 4, 2011 - 6:07 am
Xavi B,
The SSc3 Brownfield Redevelopment credit would be available via Option 1 - a brownfield is documented as contaminated by means of an ASTM E1903-97 Phase II Environmental Site Assessment. LEED has also accepted site assessments and remediation plans performed by geotechnical engineering consultants, providing they are comparable to ASTM E1903-97. Additionally, if only part of the project site is a brownfield, it can qualify for this credit.
Although SSc3 is an optional credit, once site contamination is discovered, it is likely someone could be held liable for remediation. And this can become complicated, regardless of the fact that there are no existing governing regulations. I can’t see any wording in either of the two MPR documents that specifically requires a project to remediate environmental issues beyond local regulations. This is more likely a question of “should you” as opposed to “must you”. IMO, the fact the project is seeking LEED certification indicates interest in protecting the environment and human health.