Bioremediation-Legal/Technical Constraints and Solutions

摘要

Even with the best application of science and technology, the success of abioremediation project may depend on how constraints (often 3rd party driven) are addressed.Constraints may be related to property access, public perception, relationshipswith regulatory agencies and potential litigation. Based on numerous projects involvingchlorinated VOCs over almost 10 years, solutions depend on early appreciation of constraints,development of effective strategies and clear communication.Private property access may directly impact the ability and timing to locate and implementremedial activities. Careful coordinated working in public streets may be theonly viable solution. Public perception may greatly influence the forms of substrateamendments. Food grade materials may be the only acceptable options. Positive relationshipswith regulatory agencies often depend on understanding of overall drivers includingprecedent within the agency and on the reputation of the project team. Potential litigationcan affect schedules, scope and justification for bioremediation.Early appreciation of constraints helps focus projects. Effective strategies must integrateall major elements and stakeholders in a project. Up-front agreement and commitmentby all project team members on how the project is to be conducted is essential to asuccessful project. The team should include environmental counsel and, where litigationis imminent or ongoing, should also include litigation counsel on the project team. Alsowhere appropriate, media specialists can be important for inclusion in the team particularlyfor public perception matters.Clear communications including development of appropriate communications policiesso that only factual information is set forth in paper and electronic documents, reportsand even e-mails, is essential. Also necessary is careful attention to the scope of theattorney-client privilege. During actual litigation, coordination with scientific trial expertswith the project team is critical so that there is a consistency of interpretation of data andremediation strategies.