Soil Quality Decree – Sustainable

management of Excavated soils in the

Netherlands

Michiel Gadella

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The menu • Introduction – the Dutch soil challenges

• The development of soil and sediment reuse policies • 1980 – 1995 no reuse of contaminated soils and sediments

• 1995 – 2003 reuse of lightly contaminated soils and sediments in constructive works

• 2003 – 2013 reuse of lightly contaminated soils and sediments both as soils and in constructive works (sustainable land management)

• Sustainable land management

• Evaluation of the Soil Quality Decree

• Conclusion/lessons learned

Intro - Soil challenges

LAND USE %

AGRICULTURE / NATURE 80

RESIDENTIAL 10

INDUSTRY 3

INFRASTRUCTURE 2

RIVERS / LAKES 5

1. Spatial planning pressures

» Rapid urban development (Netherlands 400 inh./km2, Malasia 91 inh./km2, USA 31 inh./km2)

» Infrastructural projects

» Preservation of natural areas

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

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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

Intro - figures

Soil reuse in practise in the Netherlands

Project Leidsche Rijn – Utrecht • Urban development 1997-2025

• 30.000 houses ~ 80.000 inh.

• 720.000 m2 office buildings

• 2.700.000 m2 industrial areas

• 95.000 m2 shopping centre

• 3.900.000 m2 leisure/park

• 3 railway stations

• Tunnelling of the Highway A2

• Several heavily contaminated sites

• Diffuse contamination

Intro - Pictures

The early days – 1980-1995

POLICY DEVELOPMENT

• 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

Development of the reuse market – 1995-2003

• 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

POLICY DEVELOPMENT

Reuse of mildly contaminated soils and sediments in constructive works

Sustainable land management 2003-present

Reuse of mildly contaminated soils and sediments in constructive works and as

new soil

• 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

POLICY DEVELOPMENT

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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

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Useful application (no permits) vs. disposal (permits)

•Disposal

Sound barrier Elevation of land

BASIC PRINCIPLES

Useful application

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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

BASIC PRINCIPLES Useful application

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Principles sustainable land management

»Fit for use

»Stand-still

BASIC PRINCIPLES Fit for use and stand still

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1.Background values • Measured

2.Other values based on (modelled) risks for: • Ecology • Humans • Agricultural Products

BASIC PRINCIPLES Fit for use

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SOIL QUALITY SOIL QUALITY AT APPLICATION SITE

INDUSTRY INDUSTRY

INDUSTRY RESIDENCE NATURE

YES

NO

BASIC PRINCIPLES Stand still

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SOIL QUALITY

INDUSTRY RESIDENCE

RESIDENCE NATURE

YES

NO

RESIDENCE

SOIL QUALITY AT APPLICATION SITE

BASIC PRINCIPLES Stand still

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SOIL QUALITY

YES (NOT PREFERRED)

YES

YES (PREFERRED)

CLEAN

CLEAN

SOIL QUALITY AT APPLICATION SITE

BASIC PRINCIPLES Stand still

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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

BASIC PRINCIPLES Nationwide soil policy

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BASIC PRINCIPLES Nationwide soil policy

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BASIC PRINCIPLES Local soil policy

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Temporary storage

–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

BASIC PRINCIPLES Temporary storage

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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

BASIC PRINCIPLES Liability

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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.

BASIC PRINCIPLES Registration

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Register - Information

•Ownership

•Excavation site

•Application site

•Amount

•Soil quality

•Site investigation rapport

BASIC PRINCIPLES Registration

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Basic principal of the register

Soil application

register

Soil applier Competent

authority

Soil+

National

authority

Information on soil

application

Direct communication

Access to the register

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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?

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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

Implementation • Transfer of knowledge:

training courses (500 attendants), conferences, regional platforms (5000 attendants) and an updated website (200.000 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

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

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

Further information

Michiel.gadella@rws.nl

http://www.rwsleefomgeving.nl/language/english/