Recital (61)

Soil investigation needs to determine whether a potentially contaminated site is in fact contaminated, and whether the contamination poses a risk to human health or the environment. This Directive does not require the analysis of soil descriptors other than soil contamination as part of the soil investigation. As land use can change over time, it is important to keep information on contamination accessible to the public. For instance, where a decision has to be taken on a change of land use, it is important to evaluate whether contamination found in a past soil investigation might pose a risk to the envisaged new land use. Therefore, in order to assess whether a potentially contaminated site is in fact contaminated, the risks to human health or the environment linked to the sensitive use of the site also have to be taken into account. Sensitive uses of sites include the use of playgrounds, schools or sites used for childcare, or areas in their vicinity, the use of residential areas or the use by vulnerable populations of other areas. Where a soil investigation proves that a potentially contaminated site is in fact not contaminated, the site should no longer be considered by the Member State as potentially contaminated, unless contamination is suspected based on new evidence.