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