Soil contamination, remediation

How does it work?

You must have the soil investigation carried out by soil intermediaries who meet the quality requirements (KWALIBO). The municipality can refuse investigations that do not comply with the rules. If it appears that there is a form of soil contamination that is not allowed to remain according to the law, you must have the soil remediated.

After the soil investigation results are known, the following situations may arise:

• If the soil is not contaminated, the municipality can grant an environmental permit.
• If the soil is not seriously contaminated (below the intervention value), the municipality will grant an environmental permit under certain conditions. You may have to remediate, but you do not have to submit a remediation plan.
• If the soil is seriously contaminated (above the intervention value), the municipality may not grant an environmental permit. You must first submit an approved remediation plan and the soil must be remediated before you start construction and in the manner prescribed by law.
• Contaminated soil is permitted based on the so-called 'area-specific framework'. This is only possible if the municipality has specific policies for the area in which the contaminated soil is located. The municipality then allows a certain level of contamination in accordance with the use of the land. For example, this is different for business premises than for a residential environment, recreation area or agricultural area. It is then even possible to move similarly contaminated soil from the area to the relevant site and use it there.

Remediating the soil can mean that the contaminated soil is excavated and transported to a certified processor. In serious cases of soil contamination, the province determines what needs to be done.

Private individuals and entrepreneurs

Private individuals who own their homes are almost never affected by contaminated soil. Only if existing buildings are known to have soil contamination, you, as a private individual, must remediate the contaminated soil.

Entrepreneurs may encounter potentially contaminated soil in various situations:

• You want to buy, sell, rent, lease, or (sub)lease a business park.
• You want to expand your business and you need an environmental permit.
• You want to take out (environmental) insurance.
• Your land becomes contaminated due to a fire or other unusual event.
• The government is ordering you to investigate and/or remediate your soil.
• The bank wants to know the value of the collateral when applying for a loan.
• The accountant wants to know the value of your business premises when preparing the annual accounts.
• You want to secure your old-age provision, insofar as it depends on the value of your business premises.

In all these cases, it is wise and sometimes mandatory to investigate whether the soil of your business premises is contaminated. If this is the case, you will have to deal with a procedure for remediating a contaminated business site.

Environmental permit

Anyone applying for an environmental permit for a house or business premises may be required to have a soil survey carried out. This also applies if, for example, you want to carry out major excavation work in the ground.

Pollution is dangerous to public health.

A contaminated site can be dangerous to your health. Therefore, it can no longer be used for all purposes. For example, it can be dangerous for children to play in a contaminated area, and it can be unhealthy to eat vegetables grown on contaminated soil. In addition, the groundwater can also become contaminated, which can endanger the drinking water supply.

Development of soil contamination

Soil contamination can occur in various ways, such as:

• Working with chemical substances, oils, other environmentally hazardous substances and/or heavy metals that end up in the soil.
• The storage or dumping of (liquid) substances or waste materials in the soil.
• Discharging contaminated water or sludge onto or into the soil.
• Activities that have taken place on your business premises in the past.
• The spread of contamination from your neighbors onto your property.
• The deposition of pollutants from the air.
• Contaminated surface water.
• Contaminated groundwater.

Tip: If you are buying a house as a private individual, ask the estate agent whether the land is clean and whether an oil tank has ever been placed in the ground. Most pollution on private land comes from an oil tank in the garden.

More information

For more information about soil contamination and remediation, please contact the municipality at 14 0511.