Flanders Soil Policy Current Flemish policy on soil contamination The Soildecree and VLAREBO Indicators in remediation policy Johan Ceenaeme Head of Unit Soil surveys and remediation West Department Soil Management OVAM Ispra, Eionet, 10 – 11 March 2015

3 Development of legislation Decree on Waste Management: 2 nd of July 1981 Decree on Soil Remediation: 22 nd of February 1995 Decree on Soil Remediation and Soil Protection: 27 th of October 2006 into force: 1th of June 2008

4 Development of legislation Decree on Waste Management: 2 nd of July 1981 Decree on Soil Remediation: 22 nd of February 1995 Decree on Soil Remediation and Soil Protection: 27 th of October 2006 into force: 1th of June 2008

5 Aims of legislation Remediate historical soil contamination has taken place before 1995 remediate over a period of 40 years, starting in 1996 remediate in case of risk Prevent and clean up new soil contamination soil contamination taken place after 1995 immediate remediation when concentrations are higher than soil remediation values

6 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 soil certificates were issued

7 Indication of presence of contaminating substances Ecexution 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'land before start (for certain) and after closure of risk activities periodically for existing risk activities in case of bankruptcy Preliminary soil investigation

8 Descriptive soil investigation Soil = fixed part of the ground + groundwater Investigation of the seriousness of the soil contamination extent and spreading of the contamination in soil and groundwater risk-evaluation Simple and flexible administrative procedures phased method of working combination of both investigations

9 Obligation for remediation Obligation for remediation vs. liability Operator, 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

10 Soil remediation (1) Soil remediation project: evaluation and selection of remediation technique based on BATNEEC Remediation objectives new contamination: guide values historical contamination: remove the risk Approval of the soil remediation project = permit Soil remediation works End statement

11 Soil remediation (2) Phased method of remediation Limited soil remediation project: limited action and administration case of contamination with remediation in less than 180 days Possibility to choose for Risk Management temporary measure

12 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

13 Other important topics (1) Alternative financing models: Soil Remediation Funds:  Belgium : BOFAS - filling stations  Flanders : accredited and sectoral soil remediation organisations - Vlabotex - dry cleaning Financial instruments:  Cofinancing (since 1th September 2013)  agreement on financial capacity Policy on excavated soils and (re)use: prevention of new soil contamination

14 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 Belgium 15 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

16 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

17 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 Belgium 18 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 Belgium 19

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium 20 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

21 Results since 1996 > parcels are into the land information register > soil certificates are delivered > preliminary soil investigations are evaluated > descriptive soil investigations are evaluated > soil remediation projects are approved > soil remediation works have been started and about have already been finished

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium 22

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium 23

10 – 11 March 2015Johan Ceenaeme – OVAM – Flanders Belgium 24 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 Belgium 25 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

26 More information For more information :