New developments in soil protection policy in the Netherlands
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1 New developments in soil protection policy in the Netherlands Ing. Peter Smit Ir. Roelof Eleveld Van Hall Larenstein, University of Applied Science, Groningen / Leeuwarden The Netherlands
2 Contents European strategy: Dutch position (1) Soil management in the Netherlands Soil policy on the move! Soil quality decree Remediation criterion European strategy: Dutch position (2)
3 European strategy: Dutch position (1) Effective soil strategy should be devised in short term To protect the ecological and social functions of the soil, and To encourage sustainable soil use and management
4 Soil management in The Netherlands Long tradition to make soil usable: Raising agricultural production Reclaiming and draining land to make it fit for human habitation Since 1970s attention turned to diffuse and local soil pollution, acidification and eutrophication 1983 Statutory regulations for soil remediation 1987 Soil Protection Act Subsequent years series of implementing regulations (manure, installations, oil storage, building materials, soil analysis and remediation, etc.)
5 Soil policy on the move! 2003 Letter to parliament setting out policy on soil Aspects of soil protection and management linked together Efforts explicitly target sustainable development and soil use Refers to relationship with spatial planning, water management, urban development, nature and agriculture Policy is currently implemented
6 Implementing programme Different clusters Cluster 1: Soil, sediments, building materials and standards Soil quality decree Remediation criterion Standards and soil quality assessment
7 Soil quality decree New policy framework to apply soil and sediment in soil or surface water Protection soil quality Sufficient market
8 Policy framework Most important changes: New framework of testing: area specific or generic Local authorities: choice to apply area specific or generic policy Area specific policy: determine standards more or less strict than nationwide generic standards
9 Target AW2000 Intervention Remediation criterion Clean Applicable without restrictions Management track Soil quality decree Diffuse contamination Generic policy Maximal values residential and industry Area specific policy Local maximal values Outside and inside area Inside area Remediation track Soil Protection Act Point source Case of serious contamination not urgent Grontmij/K.Huijsmans management urgent remediate < 4 years
10 Characteristics of policy Area specific policy More or less strict demands Application is allowed when Generic policy Test applicable against function and quality of receiving soil Application is allowed when quality meets own maximal standards And guarantee quality of soil in area (stand still area level) quality meets quality demands of function of soil And quality meets quality of receiving soil (stand still at class level) New standards
11 Determine demand of application
12 Possibilities of moving soil
13 Area specific or generic policy? Area specific policy Areas with diffuse (serious) contamination Areas with specific problem substances (i.e. DDT, Lead, natural increased background values of arsenic) Area with a lot of soil excavation or sediment dredging Areas with specific ambition with respect to quality (nature development) Generic policy Mainly clean areas, without specific problem substances Areas with agriculture or nature function Area with restricted soil excavation or sediment dredging Areas without specific ambition with respect to quality
14 Circular soil remediation Elaboration of remediation criterion is at the centre of this circular Remediation criterion is meant to determine if urgent remediation is necessary
15 Intervention-value human and eco supported. In principle most strict one Based on soil investigation: Case of serious contamination > 25 m 3 soil and/or > 100 m 3 groundwater Remediation criterion Result is recorded in seriousness and urgency decision standard risk assessment No unacceptable risk: manage Unacceptable risk: human, ecosystem and/or transport Urgent remediation Site specific risk assessment Unacceptable risk: human, ecosystem and/or transport Urgent remediation
16 Remediation (Phased) remediation Partly remediation Temporary safety measures
17 New developments Already a lot of policy and rules in The Netherlands New developments replace old ones or are additional Addition or changes from side of EU could possibly thwart current policy framework
18 European strategy: Dutch position (2) Strategy fulfil following conditions amongst others Not require countries with adequate policies to amend extensively their legislation or policies Given diversity and heterogeneity of soil in EU no quantified objectives for soil quality or detailed regulations Therefore: Favours a strategy to be implemented via recommendations or a action programme rather than a directive
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