Soil Quality Decree Sustainable management of Excavated soils in the Netherlands. Michiel Gadella

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1 Soil Quality Decree Sustainable management of Excavated soils in the Netherlands Michiel Gadella

2 The menu Introduction the Dutch soil challenges The development of soil and sediment reuse policies Sustainable land management Evaluation of the Soil Quality Decree Conclusion/lessons learned no reuse of contaminated soils and sediments reuse of lightly contaminated soils and sediments in constructive works reuse of lightly contaminated soils and sediments both as soils and in constructive works (sustainable land management) 2

3 Intro - Soil challenges 1. Spatial planning pressures» Rapid urban development (Netherlands 400 inh./km 2, Malasia 91 inh./km 2, USA 31 inh./km 2 )» Infrastructural projects» Preservation of natural areas LAND USE % AGRICULTURE / NATURE 80 RESIDENTIAL 10 INDUSTRY 3 INFRASTRUCTURE 2 2. Environmental pressures» Intensive land-use and turnover» High groundwater levels» Industrialized (historic and present) 3. Social pressures» Public awareness for environmental issues» Many stakeholders» complex society RIVERS / LAKES 5

4 Intro - figures 4 Annual Soil and sediment reuse in the Netherlands 60 Mton primary sand 20 Mton lightly contaminated soils 60 Mton lightly contaminated sediments Column (18 * tour Eiffel) 125 * 125 * 5600 meter

5 Intro - Pictures Soil reuse in practise in the Netherlands Project Leidsche Rijn Utrecht Urban development houses ~ inh m2 office buildings m2 industrial areas m2 shopping centre m2 leisure/park 3 railway stations Tunnelling of the Highway A2 Several heavily contaminated sites Diffuse contamination

6 POLICY DEVELOPMENT The early days Public awareness First scandals Site inventory program Prevention of soil contamination Clean-up all contaminants discovery of diffuse lightly contaminated soils, not totally cleaned soils NIMBY with respect to reuse of lightly contaminated soils Sediments: From fertile soil improver and land elevator towards waste material No reuse of contaminated soils

7 POLICY DEVELOPMENT Development of the reuse market Dutch building materials decree Reuse of lightly contaminated soils and sediments in constructive works: No/limited leaching of contaminants No mixing with soil Obligation of removal when no longer functional Founding of soil banks Quality assurance Reuse of mildly contaminated soils and sediments in constructive works

8 POLICY DEVELOPMENT Sustainable land management 2003-present Fit for use Stand still Decentralised operation nationwide soil policy or local soil management plan Beneficial Use, defined by spatial planning decisions Limited list of useful applications Report of application of soils to central body and local authorities Certification of critical activities Reuse of mildly contaminated soils and sediments in constructive works and as new soil

9 Soil Quality Decree basic principles Useful application under general rules (no permits) Fit for use Stand still Nationwide soil policy or local soil policy Temporary storage Liability aspects Registration 9

10 BASIC PRINCIPLES Useful application Useful application (no permits) vs. disposal (permits) Sound barrier Elevation of land Disposal 10

11 BASIC PRINCIPLES Useful application Useful application Explicit in Soil Quality Decree: Constructive works (dikes, roads, sound barriers, railroads) Elevation of land on agricultural, residential or industrial areas in order to improve soil (hydrological) quality Application on contaminated sites in order to manage risks on the site Shallow former sand mining sites in order to improve water quality and nature development restore sediments in the aquatic system application of sediments on landside 11

12 BASIC PRINCIPLES Fit for use and stand still Principles sustainable land management»fit for use»stand-still 12

13 BASIC PRINCIPLES Fit for use 1. Background values Measured 2. Other values based on (modelled) risks for: Ecology Humans Agricultural Products 13

14 BASIC PRINCIPLES Stand still SOIL QUALITY SOIL QUALITY AT APPLICATION SITE YES INDUSTRY INDUSTRY NO 14 INDUSTRY RESIDENCE NATURE

15 BASIC PRINCIPLES Stand still SOIL QUALITY SOIL QUALITY AT APPLICATION SITE YES RESIDENCE RESIDENCE INDUSTRY NO RESIDENCE NATURE 15

16 BASIC PRINCIPLES Stand still SOIL QUALITY SOIL QUALITY AT APPLICATION SITE YES (NOT PREFERRED) CLEAN YES CLEAN YES (PREFERRED) 16

17 BASIC PRINCIPLES Nationwide soil policy APPLICATION MATRIX / Nationwide soil policy LAND USE AGRICULTURE /NATURE RESIDENCE INDUSTRY Site specific SOIL QUALITY AGRICULTURE / NATURE AGRICULTURE / NATURE AGRICULTURE / NATURE AGRICULTURE / NATURE RESIDENCE AGRICULTURE / NATURE RESIDENCE RESIDENSE INDUSTRY AGRICULTURE / NATURE RESIDENCE INDUSTRY 17

18 BASIC PRINCIPLES Nationwide soil policy 18

19 BASIC PRINCIPLES Local soil policy 19

20 BASIC PRINCIPLES Temporary storage Temporary storage 20 Storage under general rules is possible for a maximum of 3 years Stand still Report to competent authority Site of excavation Future use Soil quality/ investigation reports Quantity Storage needs to fit within spatial planning If storage is not in accordance with the Soil quality decree a specific permit (impermeable floors, etc) is demanded

21 BASIC PRINCIPLES Liability Liability aspects Reusable soil is considered as waste Owner of excavated soil Proper handling on location Quality testing and assurance Owner of reuse site Acceptance Transfer of liability from excavator to owner reuse location after application 21

22 BASIC PRINCIPLES Registration Traceability - registration Private persons: no registration < 50 m3 clean soil: no registration Contaminated soil: every single batch of soil needs to be reported to a national register. The national register informs the competent authority and the national environmental guard. Clean soil: every useful application > 50 m3 needs to be reported to a national register. The national register informs the competent authority and the national environmental guard. 22

23 BASIC PRINCIPLES Registration Register - Information Ownership Excavation site Application site Amount Soil quality Site investigation rapport 23

24 Basic principal of the register Soil applier Competent authority Soil application register Soil+ Information on soil application Direct communication National authority 24 Access to the register

25 Application of soil simple questions for applicants 1. Is this an useful application? 2. Which soil standards are effective at the reuse site? 3. What is the quality of the soil which is to be applied? 4. Is the quality of the soil properly tested? 5. Is the application reported to the competent authority? 25

26 Task competent authorities Implement local soil management policy (nationwide or local soil standards) Spatial planning (creating useful applications) Administration and acceptation of soil re-use and application of building materials Environmental guarding/ administrative and field inspection of soil re-use and application of building materials Putting theory into practise local authorities are large scale contracters for soil excavation and soil application 26

27 Implementation Transfer of knowledge: training courses (500 attendants), conferences, regional platforms (5000 attendants) and an updated website ( visits/year) Helpdesk for questions and casuistry (4000 consults/year) Stakeholder implementation committee, addressing practical (250 in total) impediments for the implementation of the Soil quality decree resulting in: Further explanation (website) Adjustments in technical guidelines Tailor-made advice for local soil management plans (8 fte, 3 years) 90 % of the competent authorities

28 Evaluation Soil Quality Decree + Competent Authorities can find a proper balance between soil protection and the need to recycle Slowly declining public trust in the quality of reused soil/sediments as a result of a non-levelled playing field and free riders Lack of environmental guarding, declining self-regulation, poor public contracting 2 year-program to strengthen environmental guarding, self-regulation and public contracting, preliminary results: Further explanation of definitions enforceability Disclosing information on soil use criteria knowledge Obligation for historical investigation public trust in soil quality Essential requirements focus in environmental guarding Strategies for environmental guarding/ disclosing info of poor performing contractors Compliance Knowledge transfer on contracting professional contracting

29 Conclusion/lessons learned Policy The problem of contaminated soil and sediment is under control in the Netherlands In 25 years we found the proper balance between soil protection and the need for recycling Stand still and fit for use are firmly implemented principles Guided implementation on a local level is necessary because soil management is a local/regional market Market Creating a market for reusable soils takes time Public acceptance is critical, society demands trust in the quality of reusable soils A good functioning system of self-regulation, sufficient and focussed environmental guarding and professional public contracting are essential requirements for a healthy market

30 Further information