Soil contamination, remediation

If you own land or want to purchase land, watch for soil contamination. The chance of this is not great, but make sure that when you purchase land, you have insight into the quality of the soil. This can be done, for example, through a soil test. If it turns out that the soil is contaminated, it must be remediated (cleaned).

How does it work?

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

After the soil test 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 then submit an approved remediation plan and the soil must be remediated before you start construction and in the manner required by law.
  • Contaminated soil is permitted under 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 degree of contamination in accordance with the use of the land. For example, this is different for industrial sites than for a residential, recreational or agricultural area. It is then even possible to move similarly contaminated soil from the area to the site in question and use it there.

Remediating the soil may mean excavating the contaminated soil and removing it to an approved processor. In serious cases of soil contamination, the province determines what should be done.

Individuals and entrepreneurs

Individuals who own homes almost never have to deal with contaminated soil. Only if it becomes known in existing construction that the soil is contaminated do you, as a private citizen, have to remediate the contaminated soil.

Business owners can encounter potentially contaminated soil in a variety of situations:

  • You want to buy, sell, rent, lease or lease out a business site.
  • You want to expand your business and you need an environmental permit.
  • You want to take out (environmental) insurance.
  • Your land becomes contaminated by a fire or other unusual occurrence.
  • The government summons you to investigate and/or remediate your soil.
  • When applying for a loan, the bank wants to know the value of the collateral.
  • The accountant wants to know the value of your business property when preparing financial statements.
  • You want to secure your retirement income to the extent that it depends on the value of your business property.

In all of these cases, it is prudent and sometimes mandatory to have an investigation done to determine whether the soil of your business site is contaminated. If this turns out to be the case, you will face a procedure for remediating a contaminated industrial site.

Environmental Permit

Anyone applying for an environmental permit for a house or business premises may have to deal with having a soil survey performed. This also applies if you plan to do major excavation work in the ground, for example.

Pollution is dangerous to public health

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

Emergence of soil contamination

Soil contamination can occur in a variety of ways, including:

  • Working with chemicals, oils, other environmentally hazardous substances and/or heavy metals released into the soil.
  • Storing or depositing (liquid) substances or wastes in the soil.
  • Releasing contaminated water or sludge onto or into the soil.
  • Activities that have taken place on your premises in the past.
  • The spread of contamination from your neighbors across your property.
  • Precipitation of airborne pollutants.
  • Contaminated surface water.
  • Contaminated groundwater.

Tip: If you want to buy a house as a private person, ask through the real estate agent if the land is clean and if an oil tank has ever been placed in the ground. Most contamination on private property comes from an oil tank in the yard.

Learn more

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