Flanders Soil PolicyCurrent Flemish policy on soil contaminationThe Soildecree and VLAREBOIndicators in remediation policy

Johan CeenaemeHead of Unit Soil surveys and remediation WestDepartment Soil Management OVAM

Ispra, Eionet, 10 – 11 March 2015

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Development of legislation

Decree on Waste Management: 2nd of July 1981

Decree on Soil Remediation: 22nd of February 1995

Decree on Soil Remediation and Soil Protection: 27th of October 2006into force: 1th of June 2008

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Development of legislation

Decree on Waste Management: 2nd of July 1981

Decree on Soil Remediation: 22nd of February 1995

Decree on Soil Remediation and Soil Protection: 27th of October 2006into force: 1th of June 2008

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Aims of legislation

Remediate historical soil contamination has taken place before 1995remediate over a period of 40 years, starting in 1996remediate in case of risk

Prevent and clean up new soil contaminationsoil contamination taken place after 1995immediate remediation when concentrations are higher than

soil remediation values

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In Flanders the Soil Certificate informs purchasers of the

• Quality of the soil• Obligations to remediate?• Executed soil investigations• Soil remediation projects

and for policy makers to base decisions on facts of the quality of the soil.

Soil certificate

Since 1996 more than 3.500.000 soil certificates were issued

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Indication of presence of contaminating substancesEcexution and supervision by qualified experts

type 1: for research activities type 2: for risk evaluation and remediation

Risk activities: activities with a relatively higher risk for soil contamination

When is investigation needed?transfer of 'risk'landbefore start (for certain) and after closure of risk activitiesperiodically for existing risk activities in case of bankruptcy

Preliminary soil investigation

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Descriptive soil investigation

Soil = fixed part of the ground + groundwater Investigation of the seriousness of the soil

contaminationextent and spreading of the contamination in soil and

groundwaterrisk-evaluation

Simple and flexible administrative proceduresphased method of workingcombination of both investigations

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Obligation for remediation

Obligation for remediation vs. liabilityOperator, user or owner of the land has the duty to

clean up Multi-stage approach in obligation (operator, user and

owner)Possibility for exemption:

operator and user: not caused and not in period of use or operation

owner: + not known at purchase

Final burden to liable party

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Soil remediation (1)

Soil remediation project: evaluation and selection of remediation technique based on BATNEEC

Remediation objectivesnew contamination: guide valueshistorical contamination: remove the risk

Approval of the soil remediation project = permit

Soil remediation worksEnd statement

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Soil remediation (2)

Phased method of remediation

Limited soil remediation project:limited action and administrationcase of contamination with remediation in less than 180 days

Possibility to choose for Risk Managementtemporary measure

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Transfer of land (1)

Optimal protection of the new owner:Soil certificate is always needed

Preliminary soil investigation is needed for land with risk activities

Approved soil remediation project, commitment and financial guarantee is needed before transfer can take place in case a remediation is necessary

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Other important topics (1)

Alternative financing models:Soil Remediation Funds:

Belgium : BOFAS - filling stationsFlanders : accredited and sectoral soil remediation

organisations - Vlabotex - dry cleaningFinancial instruments:

Cofinancing (since 1th September 2013)agreement on financial capacity

Policy on excavated soils and (re)use: prevention of new soil contamination

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Other important topics (2)

Integrated approach : sites - living areas

Brownfield approach

Company agreements - covenants

Organisation of the remediation of contaminated sediments - integrated approach

International cooperation (FWD Soil, Snowman, Horizon 2020)

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium15

Soil integration

● Connect soil with social issues

● Connect soil with other policies

● Value soil ecosystem services

● Re-use of undervalued areas following

principles circular economy

● Integrate Soil in planning proces

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Development of brownfields – Brownfield decree

30 March 2007: the Flemish Parliament approves the Brownfield Decree

A brownfield is a damaged complex of derelict or underused land requiring structural measures with a view to redevelopment

Covenant about the integrated development of brownfield projects

Facilitating framework:

- coordination of administrative matters

- financial incentives

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Blueprint of a brownfield covenant

Project description: final targets, milestones and/or specific actions of project partners

General commitments public and/or private developers: e.g. availability of financial resources

General commitments public regulators: e.g. conducting appropriate policies and speeding up procedures

Term: usually 10 years; 5 years for straightforward projects

Project steering committee

2015: more than 50 project have been accepted and a covenant is closed

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium18

Municipal listing

Municipalities list all sites with activities with an increased risk of causing soil contamination

Based on environmental permits, air photos, other information, ...

Information exchange with OVAM

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium19

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium20

Land Information Register

Management is legally assigned to OVAM

Unique in its kind

All information collected in the context of the Soil Decree Municipal listing Exploratory soil investigations Descriptive soil investigations Soil remediation projects Soil remediation works Final evaluation assessments Other relevant information

Contains every (known) contaminated and investigated site in Flanders

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Results since 1996

> 220 000 parcels are into the land information register> 3 500 000 soil certificates are delivered> 35 000 preliminary soil investigations are evaluated> 10 000 descriptive soil investigations are evaluated> 4 700 soil remediation projects are approved> 4 300 soil remediation works have been started and

about 3 100 have already been finished

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium22

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium23

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium24

Comparation and interpretation of indicators is difficult

Different definitions

Different legislation

Different methodologies (for estimation & inventory)

Different ambitions and targets

Need for unifying European (legally binding?) framework

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium25

Conclusion

We are in favour of indicators that:

– Indicate the progress

– To handle the workload

– The instruments to reach the goal

– The planning on the medium-long and the long term

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More information

For more information :www.ovam.be