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Into Dutch Soils

Into Dutch Soils


A swift overview of how the Dutch manage their soils:
a source of inspiration for your own practice

Into Dutch Soils | 01


The text

This booklet provides an overview of 35 years of Dutch soil


policy develop­ment, beginning with a description of how it
all began: the geological and historical development of the
Netherlands. It considers questions like: Why does a portion
of the Dutch population live below sea level? And how have
the activities of the Dutch over time affected the soil
quality?

Soil legislation provides the legal framework for current


land use in the Netherlands. Amongst many more, it defines
liability and enables sustainable land management. It
relates to a large number of other legislative fields,
specifically with respect to other environmental compart-
ments like groundwater, surface water and sediments. These
matrices are only mentioned shortly in this booklet.

In addition, a large array of technical guidelines and


approaches has been developed over the years. These
instruments play a major role in daily practice. The key
elements are introduced in this booklet.

This 2nd edition of this booklet was written for the Ministry
of Infrastructure and the Environment by Frank Lamé and
Linda Maring of Deltares with a contribution of Frank
Swartjes of RIVM.

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The photos

The photos in this booklet show the Dutch in direct contact


Table of contents
with their soil and represent ‘everyday’ activities like
agriculture, the construction of underground infrastructure,
recreation, children playing, sports, soil remediation, History of the Dutch delta  05
building activities, the development of man-made Dutch soil: types and quality 11
environment, investigation of soil quality and archaeology. Developing a soil policy 15
Sketch of the legislative framework 21
Future developments in soil policy 25
Many parties involved 29
Decisions of the  33
Liability: who pays the bill? 37
Soil functions and ambitions 41
Knowing the soil quality 45
Water and sediments 49
Technical guidelines 53
Risk assessment 57
The Dutch soil quality standards 61
Investigating the soil quality  67
Solutions 71
Index 75
Dutch soil on the internet 79

Into Dutch Soils | 03


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History of the Dutch delta

The Netherlands is a typical delta area, with and look at the development of the Nether­lands between 12 B.C. and 450
two major rivers, the Rhine and the Meuse, Nether­lands as we now know it. The rivers A.D. saw their roads and buildings bring
flowing into the North Sea. were able to move freely over the land, substantial progress to the Netherlands. The
The Netherlands as we know it today depositing clay, sand and gravel during River Rhine formed a natural northern
devel­­­oped predominantly during the seasonal floods within a wide floodplain. border of the Roman Empire.
Holocene, approximately the last 10,000 Swamps developed in the coastal area and The late Middle Ages (1050 - 1500 A.D.)
years, when the ice sheets of the last ice age the slightly higher-lying eastern part of the specifically saw exploitation of the peat
melted and retreated to the north. As a Netherlands was covered by woods and high swamps and moorlands. Ditches were dug to
consequence, between 10,000 and 5,000 moorlands. drain the swamps and dikes were build along
years ago, the sea level rose by some 35 Early inhabitants were hunter-gatherers, the rivers and the coast. This allowed
metres. For the last 5,000 years the sea level but progressively they settled and became permanent occupation of the western parts
has risen by only a few metres. This rising farmers, clearing the woods for farmland. of the country. Social and organisational
sea level caused the western part of the The western part of the Netherlands structures started to develop, resulting in the
Netherlands to become largely covered by gradually evolved due to deposition of sand world’s very first democratically chosen form
the sea some 5,000 years ago. and clay and the development of peat in the of administration, water authorities. These
coastal area, with the sea becoming a water authorities were responsible
Before focusing on the way the Dutch deal diminishing influence on the coastal area. for the water management of the lower
with their soil, let us first go back in history The presence of the Romans in the regions.

Into Dutch Soils | 05


The extensive peat cover of the western part Dutch trade merchants. The quickly growing network of villages and cities developed,
of the Netherlands proved to be a valuable population fuelled the demand for more housing more and more people in the lower
source of energy. This was of growing food and energy, a need that obviously parts of the Netherlands.
importance at the end of the Middle Ages as continued after the booming 17th century. But the density of population and industry
the period known as the ‘Little Ice Age’ Areas in the former coastal zone with rich took its toll on the soil quality, a situation
started when the Netherlands suffered long peat deposits were excavated further and that is certainly not unique to the
and cold winters. Having a large source of further. Where the peat was thick, this Nether­lands. Similar processes have
peat available for heating purposes, further resulted in shallow lakes. In other places, occurred in other (densely) populated areas
economic and social development was natural lakes were surrounded by dikes and around the world.
possible, despite the climatic conditions at with the use of windmills the water was
that time, resulting in booming economic pumped out. This resulted in new land Obviously, water is still a threat, not only
development during the 17th century, or below sea level, the famous Dutch polders. from the sea but also from the rivers. Dunes
‘the golden century’ as it became known in along the North Sea coast and dikes around
the Netherlands. The level of the groundwater in these areas lakes and rivers protect the low areas of the
often lies just a few decimetres below the Netherlands against the water. The last time
During this period, the Dutch fleet made the soil surface. In the past, farmers therefore large floods encroached upon part of the
country a major military power that welcomed (household) waste to raise the Netherlands was in 1953. A north-westerly
dominated the world trade. With demand soil level of their land. In some areas, this storm coincided with a spring tide to raise
for big sailing ships for world trade, the city has resulted in widely distributed diffuse the sea level to a record height, which
of Amsterdam, with its natural harbour, contamination of the arable land and proved too much for many of the dikes,
started to play a major role. Until then other grassland. specifically in the province of Zeeland. More
cities in the Netherlands, like Utrecht, had than 1,800 people died and some 100,000
been of far greater political and economic Until less then 100 years ago, water was a people became homeless as a result of this
importance. However, in contrast to major route for transportation. Boats could breach. This prompted a major upgrading of
Amsterdam, those cities had no direct carry far more freight than could be the Dutch sea defences, the so-called Delta
connection to the sea. The city of transported over land. Having plenty of Works.
Amsterdam, which had slowly developed water in the western part of the The very first inhabitants of the Netherlands
during the centuries before, now became an Netherlands, the economic development in had to cope with the omnipresent water;
important economic power as the base of this area was given a further boost and a this need for protection against the sea and

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Some facts and figures
The River Rhine is 1,320 km long. From its source in
the Swiss Alps, it passes through France and Germany
with a catchment area of 185,000 km2 and an average
of 2,200 m3/s of water flows through the Netherlands.

The River Meuse is 925 km long and originates in


France, passing through Belgium before arriving in the
Netherlands. Its catchment covers an area of 36,000
km2 and the average flow rate is 230 m3/s.

The North Sea is a relatively shallow coastal area of


the Atlantic Ocean. It covers the area between the
United Kingdom, the Netherlands, northwest
Germany, Denmark and the southern part of Norway;
its total area is 575,000 km2 with an average depth of
just 95 m.

The royal kingdom of the Netherlands covers 41,526


km2 and is inhabited by 16.9 million people. The Elevation level of the Netherlands
coastline is 451 km long. Most of the land surface is Below sea level

flat, except for some remnant lateral moraine of the Above sea level
Cities
last ice age in the central part, and a hilly area in the Rivers
south east. The highest point in the Netherlands is
323 m, right on the border with Germany and
Belgium. The lowest point is 6.76 m below sea level.
The Netherlands below and above sea level
In all some 40% of the land area lies below sea level.
(Actueel Hoogtebestand Nederland)

Into Dutch Soils | 07


rivers over the centuries has become rooted
in the Dutch who, despite these risks, value
the soil beneath their feet!

Nowadays, the Netherlands is a densely


populated country, averaging almost 500
people per km2, a figure that rises to almost
1,300 inhabitants per km2 in its most
densely populated province of Zuid-
Holland! And although an increasing
amount of agricultural land is gradually
becoming urbanised, redevelopment of that
urban area is inevitable if spatial develop-
ment is to keep in line with growing needs.
That the Dutch should be confronted with
a ‘soil legacy’ was inescapable.

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Into Dutch Soils | 09
‘The concept of defining soil quality with legislative
reference values was so new, that it was even
implemented in a number of other countries’

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Dutch soil: types and quality

The description of the formation of the western and northern part of the sheet occasionally reached halfway into the
Netherlands during the past 10,000 years in Netherlands. Further inland is the former country.
the previous chapter provides a framework coastal swamp region. Given the significant
for the soil types present. These soil types excavation of peat deposits throughout the Soils in the Netherlands, specifically in the
are strongly related to the altitude of the centuries, the peat is no longer as wide- clay areas, are rich and a great source for
soil throughout its formation. spread as it used to be. What often remains crop production. Indeed, agriculture is an
here at the surface is the marine clay which important activity in the Netherlands.
Starting at the North Sea coast in the west, was originally at the base of the peat.
we first encounter a coastal dune area With the industrial revolution at the end of
whose sands are marine in origin and In the central part of the Netherlands a zone the 19th century, the Netherlands changed
deposited by onshore winds. This is a with river deposits can be found. The main from a predominantly agricultural to an
relatively narrow zone, but of great soil type here is river clay. Away from this industrialised society. As an agricultural
significance for sea defences. The dunes not central area, in the somewhat higher society, the Dutch predominantly lived in
only protect the low country from flooding, regions to the north, east and south, sandy harmony with the soil but industrialisation
but also provide a barrier between the salt soils occur, while in the northern part of the made demands on the soil with which it
water of the North Sea and the fresh country boulder clay is found. These could not cope. The self-sustaining farmer
groundwater inland. deposits were formed during the last few ice of the past became a citizen who no longer
Just east of these dunes is a zone with ages, when the climate in the Netherlands understood the needs and capabilities of
surface marine clays that covers both the was much colder and the large northern ice the soil and former agricultural land

Into Dutch Soils | 11


increasingly became urbanised and these problems could be completely solved
industrialised. in just a decade. However, the appearance of
more and more contaminated sites, mainly
Public awareness of soil contamination local pollution but occasionally also
started in 1979 after the soil in some major regionally found diffuse contamination,
areas was found to be contaminated, as in raised the fear among experts of whether
the residential area of Lekkerkerk, which any clean, unpolluted, areas were left in the
came as a shock to the public in the Netherlands. We now know that the
Netherlands. Given that the extent of the majority of the rural and natural areas of the
problem had been underestimated for quite Netherlands are indeed still unpolluted.
a number of years, the government realised
that legislation would be necessary to deal The question whether the soil is
with it. Fortunately, the government had contaminated or not leads by definition to
started to develop soil legislation some the need for a framework to establish such
years earlier, which resulted in the first a judgement. For this the Dutch Ministry
Interim Soil Remediation Act, passed in of the Environment developed the A, B
1983. and C values first published in 1983 as part
of the Interim Soil Remediation Act.
Once the first (few) chemical dump sites had The concept of defining soil quality with
been found, a broadly embraced feeling legislative reference values was so new that
emerged among the Dutch that they had to the list not only attracted great interest from
take care of their soil. Coincidence or not, countries all over the world, it was even
this fitted right in with a general growing implemented in a number of other
environmental awareness in the countries. Since then changes have been
Netherlands, expressed in a strong made to both the numerical values, the
environmental movement during the 1980s terms used, and the role and function of
and 1990s. these terms. This is considered later in this
Expecting at first only a limited number of booklet (see the chapter ‘The Dutch soil
contaminated sites, it was assumed that quality standards’).

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Soil types in the Netherlands
(Brus et.al. Environmental Pollution 157 (2009), 2043 - 2052)

Into Dutch Soils | 13


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Developing a soil policy

With the discovery of the first major soil with the objec­tive of allowing every contamination before 2010. However,
polluted sites in the late 1970s, the Dutch kind of reuse after remediation. acknowledging the discovery of more and
government realised that it was due time to more polluted sites, the National Environ­
develop a soil contamination policy. In addition, the Soil Protection Act came mental Policy Plan of 1997 amended the
Bearing in mind that at the time only a into effect on 1 January 1987 with the aim of ambitions by stating that all sites with soil
small number of contaminated sites had preventing soil contamination. For pollution should be known before 2005 and
been expected, it was assumed that these situa­tions where new soil contamination that all sites with serious risks shall be
problems could be completely solved. The nevertheless developed, the ‘polluter pays controlled prior to 2030.
initial policy approach, therefore, was that principle’ was introduced. The person or
all contamination should be eliminated. organisation that causes the soil contamin- As for new soil contamination, the principle
Consequently, a remediated site would be fit ation is liable for its remediation (see also of a multifunctional soil remained, as it
for all possible future functions, ranging the chapter ‘Liability: who pays the bill?’). does today. However, for soil that was
from heavy industry to a domestic vegetable Since then this principle has been embraced contaminated prior to 1 January 1987, the
garden. as a funding mechanism for soil reme­ concept of a multifunctional soil was
Considering the urgency of dealing with diation in a large number of countries. abandoned. In view of experiences over
serious soil pollution, such as directly under previous years, it was evident that the
domestic housing, the first Interim Soil In the National Environmental Policy Plans demands of the multifunctional soil
Remedia­tion Act passed in 1983. It intro- of 1989 and 1993, the aim was still to concept for ‘historical’ soil pollution often
duced the concept of a ‘multifunctional’ remediate all sites with serious soil cannot be met. Additionally, technological

Into Dutch Soils | 15


developments in the remediation field On 1 January 1995, soil remediation was developed in light of identified problems
introduced a whole series of new methods included in the Soil Protection Act, thereby within existing legislation. These were:
to deal with a contamination. Consequently, ending the Interim Soil Remediation Act. 1. the quality of the actual activities,
‘dig and dump’ was no longer the only 2. the management of (slightly) polluted
possible solution. In the fourth National Environmental Policy sites and,
For immobile contaminants the aim was to Plan, published in 2001, the Dutch 3. the environmental safe use of
establish a soil quality that is fit for its future government states its intention to end the building materials.
land use. The new function of the soil, transfer of environmental costs to future Consequently, the Soil Quality Decree was
therefore, determines the extent to which generations. This policy statement developed from a different perspective. No
remediation is necessary. For mobile underlined the ambition of 1997: in 2030 all longer a strictly environmental perspective
contaminants the remediation measures sites with serious soil pollution should be governs soil policy. Nowadays a balance is
should be determined by cost effective­ness, under control. In 2002 legislation actually established between the protection of the
which might imply the treatment of incorporated the principles set by the soil and its use for economic and social
contamination over a longer period rather National Environmental Policy Plan of 1997 purposes.
than trying to solve the problem within a with respect to specific local circumstances.
few weeks or months. These circumstances must determine the Therefore the Soil Quality Decree consists of
remediation measures necessary in order to three parts. The first part deals with quality
In 1994 the A,B and C values for the obtain a cost-effective remediation. It assurance whereby requirements are set
appraisal of the soil and ground­water incorporates a risk-based approach; the with respect to the registration and
quality were replaced by a new set of highest risk is given top priority. assurance of the activities performed by
risk-based action values. The lowest level On 1 January 2006 a new Soil Protection Act people and organisations, both in the field
(Target values) defines the quality of came into effect. It incorporated the and in the laboratory. To put it simply, it
unpolluted soils while the highest level amended legislation with respect to provides an answer to the question of
(Intervention values) defines when functional remediation and introduced a whether the reported activities have indeed
remediation becomes necessary. criterion for urgent remediation. been performed in line with regulations and
the accepted work procedures (like national
Finally, on 1 July 2008, the Soil Quality standards). It helps to set a balance between
Decree and its accompanying Soil Quality the costs and quality of the work in a highly
Regulation came into effect. It was competitive market.

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The second part is the result of the Together with the Soil Quality Decree also
incorporation of the Building Materials the financial means were made available to
Decree which originally became effective on fulfil its policy goals.
1 July 1999. With the establishment of the
Soil Quality Decree, the Building Materials The Soil Quality Regulation, which provides
Decree is no longer a standalone decree. a technical and practical translation of the
Although the Soil Quality Decree brought Soil Quality Decree, contains an entirely
some changes, its contents are comparable new system of regulatory values for soil and
with the former Building Materials Decree. dredged sludge, replacing the set of Target
It aims to regulate the environmentally safe and Intervention values published in 2000.
use and reuse of stony building materials. This set is now defined from the perspective
As such it provides an important field of of soil (re)use. As the Soil Quality Decree
application for secondary building materials does not include legislation with respect to
like slags, that would otherwise have had to groundwater, it does not change the Target
be disposed of in the absence of environ- and Intervention values for groundwater set
mentally safe reuse regulation. in 2000.
The third part deals with soil and dredged Despite the fact that the Soil Quality Decree
sludge. It sets soil quality criteria for does not include Intervention values, these
different soil functions that apply both to still exist. A partly updated set of
the soil in-situ as well as to soil or dredged Intervention values was published in 2013
sludge that will be applied on land. Setting as they continue to be the criterion for the
soil function criteria aims to incorporate remediation of contaminated sites.
the soil quality as a criterion in site
redevel­­opment and spatial planning. It
pr­o­vides a sound basis for sustainable land
management.

Into Dutch Soils | 17


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Development of estimated workload
Estimated workload 700.000
615000
600.000
Since 1980, several investigations on the number of contam-
205.000

Number of sites
inated sites were undertaken in the Netherlands, but many 500.000
uncertainties remained. In 1998, the government decided on 425.000
400.000
a new thorough investigation, based on the evaluation of 35.000
300.000 330.000
environmental permits, knowledge of activities that are a
threat to soil quality, and aerial photographs. This resulted in 200.000 255.000
250.000
a number of 615,000 potentially contaminated sites in 2004,
100000
of which a workload of 425,000 potentially seriously con- 4.200

taminated sites remained after first screening. Further local 0


1980 1989
site investigations had to reveal the scale of contamination 1997 2004 2005
and the possible need for remediation. 2007
Need for (urgent) 2009
2013
After further evaluation and soil remediation, the workload remediation
was adjusted downwards several times. In 2013 the remain-
Potentially (seriously)
ing workload of potentially seriously contaminated sites was contaminated
estimated at 250,000 sites. Approximately 1,600 of these
sites need urgent remediation, because of human health
risks (9%), risks from transport of contaminants in ground-
water (70%), ecological risks (8%) or combinations of those
risks (13%).
For the remaining sites of the workload, the soil contamina-
tion is expected not to represent actual risks. Therefore, sus-
tainable land management is sufficient and remediation can
take place at a convenient moment in time, for example,
when building activities or other soil-related activities take
place. The number of remediated sites in The Netherlands
from 1980 until 2013 is approximately 30,000.

Into Dutch Soils | 19


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Sketch of the
legislative framework
The previous chapter provided an overview Furthermore, the Environmental enforcing the law, a conflict of interests
of the developments in Dutch soil policy Management Act provides the basis to might occur, particularly in situations where
and the legislation that was derived from it. enforce environmental legislation. the municipality itself develops these
This legislation is not autonomous; it is Provinces, water authorities, municipalities activities. In order to ensure the autonomy of
embedded in more general environmental and the national government along with its the legislation enforcer, the Environ­men­tal
legislation. There is also legislation for inspection services fulfil different tasks in Management Act demands the enforcers to
closely related environmental compartments enforcing the environmental legislation. adopt formal organisational autonomy.
like surface water, groundwater and waste.
Due to the decentralisation, the municipalit- Although in the Netherlands a major dis­po­sal
The overarching environmental legislation is ies have an important role in enforcing the route for waste is incineration, for part of the
provided in the Environmental Management Soil Quality Decree. The government is waste this is simply impossible.
Act that first came into effect in 1993. The act empowered to impose a fine or to stop Consequently, partial disposal of the waste in
sets general regulations for water, air, soil and activities when the rules of the Soil Quality landfills is unavoidable. If the landfill is not
waste as well as the framework for specific Decree are violated. equipped with proper soil protection
legislation. Within that framework, it allows meas­ures, the waste material might get into
the definition of environmental quality For a lot of activities in which soil is involved, contact with soil and groundwater. This
demands, including the set of regulatory a permit is necessary. And as the municipality under­lines the need for environmental
values for soil and dredged sludge as is the competent authority, both for legislation for waste and land­fills. In this
incorporated in the Soil Quality Regulation. providing these permits as well as for legislative field the influence of overarching

Into Dutch Soils | 21


European legislation on Dutch legislation, in inside or outside the Netherlands. Having the institutes like the Netherlands
this case the Environmental Management same requirements throughout Europe, and Standardisation Institute (NEN) and the
Act, is clear, and the Euro­pean Landfill using the same methods to determine the Foundation Infrastructure for Quality
Directive sets the conditions. environmental impact of these products, is Assurance of Soil Management (SIKB). Later
vital to Dutch and European industry. in this booklet the role of these bodies will
In 2006 the Thematic Strategy for Soil be described in more detail (see the chapter
Protection was published by the European It has already been mentioned that apart ‘Technical guidelines’).
Commission, the focus points of which have from the Soil Quality Decree, there is also a
been taken in consideration when develop- Soil Quality Regulation. In fact, having a When it comes to remediation, the funding
ing the Soil Quality Decree. regulation in addition to the decree is a of the costs is a key factor. Nowadays, since
general principle in Dutch Environmental the remediation of the majority of sites is due
Construction products might have adverse legislation. For the whole legislative package, to changes in the sites’ use, spatial planning
effects on soil quality through the emission a comparison could be made with a pyramid. has become an important factor.
of hazardous substances, something already However, using the possibilities that are
formally recognised in Dutch legislation with On top there is the Environmental offered by the financial provisions in the Soil
the publication of the Building Materials Management Act. A second layer is formed by Remediation Decree, the government also
Decree in 1999. In the European field this has decrees for different compartments, of which subsidises the soil remediation of specific
also been recognised, resulting in the the Soil Quality Decree is one. The third layer industries. An important provision therein is
implementation of environmental quality contains a regulation for each of these an agreement between the government and
criteria in the Construction Products decrees that provides more technical and the umbrella organisation for a specific type
Directive and later (2013) in the Construction practical rules with respect to the imple- of industry with respect to the remediation of
Products Regulation. Again, when incorpor- mentation of that decree. The regulation contaminated soils.
ating the Building Materials Decree in the itself refers to a whole series of protocols,
Soil Quality Decree, account was taken of standards as well as certification and
these European developments. This is accreditation schemes. These documents can
important, since construction products are be seen as the fourth and last layer of the
quite often exported and imported so they pyramid. The documents in this last layer are
should meet the national requirements, not directly published by the government but
irrespective of whether they are produced are developed and maintained by national

22 | Rijkswaterstaat
Environmental Management Act
Air quality Waste Soil Water quality
legislation legislation legislation legislation 2018 Environment and Planning Act

Soil Protection Act Water Act

European
Directives
and Regulation Remediation
Compulsory Soil Cases of non-duty Designation Uniform Financial Provisions
Sewage sludge
Investigation at to report Soil Competent Authorities Remediation Soil Remediation
Directive
Industrial Sites Degree Remediation Decree Soil Protection Decree Decree Decree
Construction
products Soil Clean-up Uniform Registration Limitations
Regulation Assessment Remediation (Soil Protection Act)
Regulation 2006 Regulation Regulation
Landfill of
waste Directive Soil Remediation
Circular 2009
Water
Framework
Directive Prevention and sustainable land management
Groundwater Discharge Landfill Infiltration Exemptions Decree
Directive Soil Quality Household Water
(Soil Protection) (Soil Protection) (Soil Protection) for Landfilling outside
Decree Discharge Decree
Industrial Decree Decree Decree Installations
Emissions
Directive Soil Quality
Regulation
Environmental
Liability Soil and
Quality Building
Directive Dredged
Assurance materials
sludge

Overview of current Dutch soil legislation, together with related European Directives

Into Dutch Soils | 23


24 | Rijkswaterstaat
Future developments
in soil policy
At the moment the Dutch environmental made to reach these goals together. With This phase focuses on innovative
regulation and legislation is being trans- the covenant, the major responsibility for management of these sites, e.g. on the
formed with the objective to facilitate soil is decentralised. A succeeding covenant application of different in-situ techniques
spatial development by simplifying and is now being prepared and will be effective and area based management of contam-
combining many existing acts and decrees. in 2016. One of the ambitions of the new inated groundwater. The link with spatial
As a consequence most of the covenant is to involve the private sector in development is vital to the future of soil
Environmental Management Act (in total 15 the new arrangements. remediation in the Netherlands, as new
existing laws) will be integrated in the ways of soil usage will initiate additional
Environment and Planning Act. The transition in soil regulation can be funding for remediation activities,
Expectations are that the Environment and divided in two main streams: especially if these can be combined with
Planning Act will be empowered in 2018. another land use, e.g. aquifer thermal
1. Taking charge of the remediation energy storage (ATES). Soil remediation
Currently, the major responsibility for soil is operation unrelated to spatial development is
being decentralised. With a covenant In the first covenant period, many sites becoming redundant and is replaced by
(2010-2015) between the state government, are investigated and remediated, area based sustainable soil management.
provinces, municipalities and water including most of the urgent sites. The
authorities, ambitions were formulated next step is the management phase,
concerning remediation and sustainable aimed at contaminations that cannot be
use of the subsurface. Arrangements were excavated, and that have a risk to spread.

Into Dutch Soils | 25


2. Using the possibilities of the should help local or regional governments
subsurface to make decisions on spatial planning, both
Objective of the amendments is to focus in urban and rural areas. The STRONG is
on the sustainable use of the subsurface. planned to be ready in 2015. A strategy for
This means that the use of the subsurface shale gas (also expected 2015) will be an
cannot be seen separated from spatial integral part of STRONG.
developments and societal challenges
such as climate change, sustainable The envisaged transitions will involve
energy, (ground)water management and different governmental organisations as
economic developments. The covenant well as private parties and research
addresses different functions of the organisations. This collaboration aims to
subsurface. Themes such as sustainable come to agreement on the use of the
use of resources (eg. strategic ground- subsurface, the generation of knowledge
water resources) and energy (shale gas, and the necessary financial arrangements.
effects of gas winning, soil energy) are Final objective is the implementation of
topics of interest. sustainable use and management of the
subsurface in daily practice.
Because not all aspects can be arranged on
the local or regional level, strategies are
being prepared on the spatial planning of
the subsurface. In 2012 this was done for
subsurface pipes. In 2013 the national
government started, in cooperation with
local and regional governments, the
preparation of a national strategy for the
subsurface ‘STRONG’. In STRONG decisions
will be made with respect to spatial
planning with a national interest. It also

26 | Rijkswaterstaat
Into Dutch Soils | 27
28 | Rijkswaterstaat
Many parties involved

During the process of identifying and environ­mental laboratory. The results of the consultant will be contracted again, though
remediating a contaminated site, the lab analyses will go to the consul­tant who this is rarely the same consultant as involved
number of involved parties easily goes up to will use it to write a report for the person or in the investigation phase. The Remediation
16. This underlines the need of good organisation that contracted the consultant. Plan will be announced in a local news
communica­tion. An example: If there is serious soil contamination due to paper by the competent authority, in order
the extent and concentrations found, a to inform neighbouring residents.
The owner of the (potentially) polluted site Main Investigation will be neces­sary. At this
is obviously the first party that is involved. It stage at least the compe­tent authority will The competent authority will take a formal
might be that for a specific type of industry be informed. decision with respect to how the site will be
(e.g. drycleaners, fuel-filling stations), an remediated. Then a contractor (or a
umbrella association is delegated to deal While the same consultancy firm may combination of contractors ) will be
with the specific soil problems of the sector. perform the Main investigation, often involved in the actual remediation. The
If so, it will obviously be involved. another consultancy firm is contracted. remediation method applied will determine
if groundwater needs to be treated on site
A consultant will be contracted to perform The competent authority must be informed and if polluted soil will be excavated. If the
an investigation of the site although the about what was found as well, to take a latter, the technical and financial feasibility
actual fieldwork will be delegated to formal decision with respect to the of cleaning that soil will determine whether
sampling specialists. The resulting samples remediation of the site, if necessary. For the the soil is cleaned or taken to a landfill.
will then be transported to a specialised development of a Remediation Plan a Slightly polluted soils might be reused on

Into Dutch Soils | 29


site, or are transported to a soil recy­cling
facility for application else­where. Landfilling
is only allowed after a check by a govern-
ment agency.
During the remediation, a consultant will
ensure that the environmental goals of the
remediation are actually met. Certainly
during the remediation phase, neighbouring
residents will have to be informed about the
remediation and its progress.

In order to define the final situation


following remediation, an evaluation report
will be produced. The result of the remedi-
ation will have to be approved by the
competent authority. If any post-remedi-
ation care is necessary, this will also require
a specific decision by the competent
authorities.

In practice, the consultants are in charge of


all practical work and consequently they bear
a large degree of responsibility. This is
recognised in the Soil Quality Decree in
which quality assurance is an integral part.

30 | Rijkswaterstaat
Into Dutch Soils | 31
32 | Rijkswaterstaat
Decisions of the
competent authority
The competent authority plays a vital formal provide a draft decision which, for a period can appeal within six weeks. If the appeal is
role in the appraisal and remediation of of six weeks, will be available for comments rejected, a final appeal can still be made to
contaminated sites. The Soil Protection Act by people and/or organisations that have an the State Council.
designated the larger Dutch municipalities interest in the specific site. A formal
and the provinces as competent authority. decision will be taken by the competent The previous procedure takes a considerable
At the various stages of dealing with a authority 15 weeks after receipt of the amount of time. This is acceptable for
contami­nated site, a formalised process will notification. Interested parties can still complex situations but for less complex
lead to a formal decision of the competent appeal to the State Council against the situations it could hinder further develop-
authority. formal decision. ments on the site. In fact, the procedure
After the remediation is finished, the com- could take more time than the site
Depending on the complexity of the local petent authority must receive the evaluation investigation and remediation itself. For
situation, two different processes exist. report. For post-remediation care, the same less complex situations, therefore,
applies to the report on the post- a national uniform regulation has been
In a complex situation, both the Main remediation care programme. Based on provided by the national government
Inves­tigation (see the chapter ‘Investigating the report(s), the competent authority will whereby the competent authority needs to
the soil quality’) as well as the development come to a final decision, eight weeks after be notified of the fact that remediation will
of a Reme­diation Plan starts with a formal an evaluation report and six months for a follow the simplified procedure. A standard
notification to the competent authority. post-remediation care programme. Again, form is available for this notification.
Based on this, the competent authority will parties with an interest in the specific site The competent authority should decide

Into Dutch Soils | 33


within five weeks if the simplified procedure
can indeed be followed. There is no possibil-
ity to appeal against this decision. If the
competent authority does not respond within
five weeks, the simplified procedure is
implicitly accepted.

After remediation is completed, a standard


evaluation form is provided to the competent
authority, based on which a formal decision
on the acceptance of the remediation result
should be made within eight weeks. Parties
involved have the right to appeal to the State
Council.

The competent authority not only has a role


in the remediation part of the Soil Protec­tion
Act, it also has a specific role when it comes
to preven­tion of soil pollution.
Environmental permits demand protective
measures whenever activities might pose a
threat to the soil quality. Obviously this
relates to the European IPPC directive
(integrated pollution prevention and
control).

34 | Rijkswaterstaat
Into Dutch Soils | 35
‘Although the polluter
pays principle is still
valid, for practical and
juridical reasons this
principle can’t always
be followed, while
stimulation of the
remediation process
also triggers continued
governmental
funding.’

36 | Rijkswaterstaat
Liability: who pays the bill?

As mentioned before, the ‘polluter pays already been aware of the severe danger of The availability of expert information,
principle’ has already been embedded in contaminating substances, and putting however, still does not imply the availability
Dutch soil legislation since 1987 when these substances directly or indirectly into of common knowledge about soil contam-
liability became the key term in recovering the soil could already have been seen as a ination. This changed with the publication
the cost of soil remediation. Despite that, culpable act, the ‘polluter pays principle’ is of the Soil Protection Act in 1987. The
the need persists for soil remediation still valid. presents of legislation implied that, at least
funding from the national government. in legal terms, everybody in the Netherlands
Generally speaking, prior to 1975, an expert should be aware of the need to protect the
According to jurisprudence, it is generally working with chemicals could not have soil against contamination.
assumed that before 1975 people or been aware of the adverse effects these
companies could not have been aware of chemicals could have on the soil quality. During the ‘grey’ area between 1975 and
the fact that activities might contaminate There were just too few scientific publica- 1987, it is accepted that non-experts were
the soil. Consequently, all remediation costs tions about soil contamination. still unaware of existing soil contamination.
for a contamination caused before that date Since 1975, these publications started to For property and premises, for example,
are, in principle, covered by the national emerge more frequently, so an expert achieved between 1975 and 1987 where the
government. This does however not should have taken note and measures to buyer was unaware of (the risk of ) soil
completely exclude contributions from protect the soil. If not, a company employ- contamination, the government may still
companies in respect of contamination ing such experts is regarded as liable for the fund the remediation.
caused prior to 1975. If the polluter had soil pollution it caused.

Into Dutch Soils | 37


In order to stimulate the remediation of responsible for its use or reuse: the costs of
industrial sites and to achieve that all sites the soil itself, the machinery necessary to
with serious risks are controlled prior to relocate the soil material and costs related
2030, there are four different financial to sampling and analysis of the soil. In
regulations under the Financial Provisions addition to that there are costs related to
Soil Remediation Decree. Apart from the development and use of Soil Quality
stimulating the actual remediation, these Maps (see the chapter ‘Knowing the soil
also aim to prevent bankruptcy of otherwise quality’).
financially sound companies due to the
costs of soil remediation. The governmental These costs are partly covered by both
financial support under these regulations municipalities and by spatial redevelop-
can go up to 70% of the remediation costs. ment initiatives. These costs are therefore
an integral part of other processes and less
What is the cost for soil remediation in the well known. Nevertheless, the expenditure
Netherlands? In recent years, the national is probably comparable to that of soil
government has spent around 150 million remediation.
euros a year on soil remediation. In
addition, the annual market turnover in
recent years is the same as government
spending, which means total annual
expenditure of around 300 million euros!

Apart from soil remediation costs, there are


also costs involved in the sustainable land
management for clean or slightly polluted
soils and sediments.

Costs related to the actual use or reuse of


soil material will be covered by the party

38 | Rijkswaterstaat
Into Dutch Soils | 39
40 | Rijkswaterstaat
Soil functions and ambitions

The Soil Quality Decree generically defines competent authority still has to formally cooperation with responsible parties like
what the Dutch want to achieve with respect accept it. another unit within the community’s civil
to their soils as well as provides opportunit- service, or the water authority, for example.
ies for local authorities to deviate from The Soil Ambition is formulated in a local
these general principles. The local authority Soil Management policy document which The current soil quality can be maintained
is encouraged to formulate its own soil concretises the local Soil Ambition. or enhanced. Taking the option of main-
quality aims in a Soil Ambition that may taining the soil quality, local deterioration is
relate to all the soil the competent authority Apart from the ‘chemical’ quality, the soil is allowed, something that might prove
is responsible for, or may be limited to a also defined in terms of its physical property necessary in order to obtain sufficient
local spatial development. The Soil and ecological properties, the geological, flexibility in the local soil management.
Ambition directly relates to the current and/ archaeological and culturally historic value, Otherwise the soil quality could be an
or future function of the soil: the land use. the soil threats (e.g. erosion, depletion, obstacle for further spatial develop­ment. In
The competent authority - the municipal- salinisation) and the use of the soil for other fact, when defining the Soil Ambition, the
ity, the province or the water authority - is purposes (e.g. mining, production of competent authorities should consider
responsible for the formal acceptance of drinking water, storage capacity). It is up to future spatial developments. This makes the
the Soil Ambition. However, while a the competent authority to define the terms relationship between the soil function and
property developer may also take the of local relevance, all of which must be the soil quality tangible - it uses the
initiative to define a local Soil Ambition for taken into account when developing a local opportunities the soil presents.
the area he is plan­ning to (re)develop, the Soil Ambition. This should be done in close When a municipality decides to implement

Into Dutch Soils | 41


a Soil Ambition for all the soil within the
municipal borders, it is advised to
co-develop this Soil Ambition with the
neighbouring municipalities, the province
and the water authority. This collaborative
procedure will result in more options to
reuse soil and sediment simply because it
allows the soil to also be reused in one of
the neighbouring municipalities.

The current or future soil function (e.g.


agriculture, residence, industry) determines
what kind of soil quality is necessary. In its
turn, the prevailing soil quality will
determine which functions are possible.
If the combination of soil function and soil
quality does not fit, measures have to be
taken. In short: the soil should be fit for its
use.

It has be come possible to define the Soil


Ambition due to the acquisition of a
substantial amount of soil quality data over
the years. The Dutch now know their local
soil quality.

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Into Dutch Soils | 43
44 | Rijkswaterstaat
Knowing the soil quality

The whole concept of sustainable land anyone, both the lay and professional public, management aim that is part of the local
management for clean and slightly polluted to focus on a specific site in the Netherlands Soil Ambition (see the chapter ‘Soil
soils is based on an extensive knowledge and obtain its contamination status. One can functions and ambitions’). These Soil
about the soil quality. Dutch soil has already simply find out whether a site is suspected of Quality Maps are based on the available soil
been investigated for three decades, not only soil contamination, is under investigation or data and may pertain to the whole, or part,
at contaminated sites but also at uncontam- has been remediated. The nationwide map of the municipal area. For example,
inated sites. Theoretically, this implies that does not provide actual soil quality data. For agricultural land may be excluded if
there is a huge amount of soil data available. this information, one has to contact the insufficient soil quality data are available.
In practice, however, this is misleading since municipal authorities. Obviously, as this map
older data tend not to be digitally available focuses exclusively on (potentially) contam- The Soil Quality Maps provide generalised
and soil data are considered to be valid for a inated sites, it does not provide soil quality soil quality information for specified zones
period of only five years. Nevertheless, most information on the major part of the within municipal borders. These zones
of the soil data that are valid are indeed Netherlands. tend to be distinguished by the municipal-
digitally available. ity’s development history. Even in the
More detailed information on the soil absence of soil quality data, a distinction
As already mentioned, all potential contam- quality is contained in the Soil Quality Maps in soil quality may be expected between an
inated sites were identified in 2005. This primarily produced and maintained by the area developed between 1900 and 1940 and
resulted in a nationwide map that is publicly municipal authorities. These Soil Quality an area developed, for instance, only in
accessible through internet. It allows Maps are an essential part of the local soil 1990.

Into Dutch Soils | 45


The generalised soil quality is based on data A national guideline is available for the provides soil quality standards (see the
available within each zone, excluding development of Soil Quality Maps. chapter ‘The Dutch soil quality standards’).
polluted sites within these zones. The analysis of such a large amount of
Soil quality information can also be obtained substances in 200 soil samples had never
The main role of these Soil Quality Maps is through national and provincial inventories. been performed before in the Netherlands.
to enable the reuse of soil without the need This information concerns the acquisition of For the first time, nationwide conclusions
for analysis. As such, it significantly reduces data on a nationwide or province-wide scale could be drawn with respect to the
the costs associated with soil reuse and for the purpose of knowing the general soil background concentrations.
gains time as there is no need to wait for the quality in the Netherlands and the changes
results of analyses. The local Soil Ambition therein over time. Detailed soil quality information is obviously
will determine the zones from which soil not available for all 252 substances. The Soil
could be exported to other zones, and Finally, information on the Dutch soil Quality Maps, in principle, only cover the
which zones can import soil. The general- quality has been obtained from a nation- substances for which the Background value is
ised soil quality of the zone is the determin- wide investigation of the background frequently exceeded. The definition of this
ing factor here. If the Soil Ambition is concentrations. This particular study is of ‘standard set’ of substances is based on
predominantly defined from an environ- importance as it provides the basis for the combining:
mental protection perspective, the result background values that are now part of the • The Background values derived from the
will limit the possibilities to exchange soil set of legislative soil quality standards (see distribution of background
between zones. This will mean that more the chapter ‘The Dutch soil quality concentrations.
soil investigations will be necessary than for standards’). The 100 locations throughout • An extensive database of soil quality
a Soil Ambition that tries to maximise the the Netherlands for this nationwide study measurements for non-suspect soils as
spatial developments. So, even with a rather were selected on the basis of information performed by the environmental
strict environmental protection objective, on current land use and using a statistical laboratories.
the Soil Ambition does not rule out all the sampling design. Composite samples were • The policy decision that no more than 5%
soil transport between zones. It just implies taken at these locations to represent the soil of the routine measurements of non-
that soil lots require testing (far) more often quality of the top soil (0 - 10 cm) and on an suspect soils might exceed the
prior to reuse in order to determine whether undisturbed depth (50 - 100 cm). All Background values.
the quality of a specific soil lot allows it to composite samples were analysed for all 252 If there is a larger than 5% chance that a
be reused at the designated location. substances for which Dutch legislation routine measurement of a non-suspect soil

46 | Rijkswaterstaat
exceeds a Background value, routine testing Contaminated sites that need urgent remediation, 2013
of that substance is necessary. Total number of sites: 1643

Accordingly, the ‘standard set’ of substances Number of sites


per municipality
comprises barium, cadmium, cobalt,
1
copper, mercury, lead, molybdenum, nickel,
10
zinc, sum-PCBs, sum-PAHs and mineral oil.
In addition to these substances, the 50

percentage clay and organic matter also


100
needs to be determined in each sample.

Contaminated sites suspected to need urgent


remediation (2013) for the individual municipalities.
(RIVM)

Into Dutch Soils | 47


48 | Rijkswaterstaat
Water and sediments

Like the close relation between soil and water from the rivers. Surface water is also stances also govern the groundwater and
groundwater in the Netherlands, ground- directly used for crop irrigation and surface water quality. In addition to these
water is an integral part of the Dutch drinking water for cattle, and serves an substances, nutrients are of specific
regulations for soil. important ecological and recreational role. relevance to groundwater and surface water
To some extent the contamination of quality.
The chemical equilibrium between soil and groundwater and surface water poses a
water implies that the quality of the soil bigger threat to human health than soil For example in the southern part of the
determines the quality of the groundwater contamination. The risk of direct contact Netherlands, intensive cattle breeding on
and, when present, the surface water. with contaminants, either through skin sandy soils has resulted in extensive
Specifically for the western part of the contact or ingestion, is much greater for nitrification of the groundwater. An
Netherlands, there is a close relationship water than for soil. Although the concentra- overload of nutrients in the surface water
between the groundwater and soil. Often tions in water are far less than in soil, this causes eutrophication. Algae can make the
the saturated zone is (far) less than a metre highlights the importance of protecting the surface water less attractive for recreational
away from the soil surface, implying that groundwater and surface water quality. purposes, and some algae even pose a direct
where the soil is contaminated, the risk to human health. Consequently,
groundwater will also be contaminated. Soil quality is often defined in terms of the measures have been taken to diminish the
concentrations of chemical substances like release of nutrients into groundwater and
Groundwater in the Netherlands is the main heavy metals, mineral oil and PAHs. And surface water.
supply of drinking water, together with depending on the solubility, these sub-

Into Dutch Soils | 49


Being a delta area, sediments are deposited
in the Netherlands. In order to allow a
sufficient water flow, these sediments need
to be dredged on a regular basis. Substances
dissolved in the surface water will often end
up in the sediments. Where surface water
serves to drain the surrounding land,
seepage of groundwater will also influence
the sediment quality, which often falls short
of the desired level.

However, as long as the quality of the


sediments are comparable to the quality of
the soil on the adjacent land, the dredged
sediments can be distributed there. This is
important as the sediment then contributes
to elevating the land that would otherwise
sink slowly below the water level of the
polder. Would it not be possible to use the
sediments on the adjacent land, the water
level of the polder would need to be
adjusted downwards. In peat areas, the soils
would then continue to settle, resulting
again in the need for further adjustment of
the water level. Ultimately, that would cause
severe problems with the infrastructure and
buildings in the polder.

50 | Rijkswaterstaat
Into Dutch Soils | 51
52 | Rijkswaterstaat
Technical guidelines

In the past, prior to the Soil Quality Decree, Consultants help the communities to the legislator, the regulator, provinces,
the aims for the soil were pretty much develop their Soil Ambition (see the chapter water authorities, municipalities, industry,
defined by the national government. Since ‘Soil functions and ambitions’) and take consultancy firms, environmental laborat-
the early 1980s, the predominantly care of the development and maintenance ories and others.
pioneering nature of soil remediation of the standards and protocols necessary to
business has changed into a professional perform the work. In developing these A large set of standards, protocols and
sector. With the development of the Soil documents, the consultants generically guidelines is available for defining the
Quality Decree this professionalism has define the quality that should be realised. At technical quality of the work. Almost all the
been acknowledged. The main responsibil- the same time, their day-to-day perform- steps of the process are formalised by these
ity for maintaining soil quality shifted from ance has to comply with the quality documents, for which there are three main
national government to the municipal demands of these documents. categories:
authorities. At the same time, the develop- 1. guidelines published by or on behalf of
ment and maintenance of technical Obviously, the technical definition of the the national government;
guidelines are now primarily a responsibil- aspired quality is not the task of a single 2. standards published by the Netherlands
ity of the organisations that actually use consultant. Here the modus operandi of the Standardisation Institute (NEN);
these technical guidelines. As such, the role Netherlands Standardisation Institute (NEN) 3. certification and accreditation schemes
of the consultants who operate in this field steps in. This implies that the development published by the Foundation
has become more dominant. of standards, protocols and guidelines is a Infrastructure for Quality Assurance of
process that involves ‘all parties concerned’: Soil Management (SIKB).

Into Dutch Soils | 53


Apart from national developments, the
Netherlands Standardisation Institute also
operates specifically at an international
level, partly within the European Committee
for Standardisation (CEN) and partly within
the International Organisation for
Standardisation (ISO). On both levels a
Technical Committee deals with the
development of standards for soil character-
isation. Both committees, CEN/TC 345 and
ISO/TC 190, are chaired by the Netherlands.

ISO/TC 190 has published some 160


standards, covering terminology, codifica-
tion, sampling, chemical, biological and
physical methods as well as soil and site
assessment. These standards are available
for worldwide use through the national
standards institutes.

54 | Rijkswaterstaat
Into Dutch Soils | 55
56 | Rijkswaterstaat
Risk assessment

Human exposure modelling is the basis of appraisal of the contaminated site. It is • exposure through inhalation of indoor
human health risk assessment in many important to define the timeframe for which air (mainly relevant for volatile
countries. Two human exposure models the risk assessment is applicable, since contaminants).
have been developed in the Netherlands. factors that influence human health risks will Additionally, exposure through the
The CSOIL model determines exposure to change over time. Moreover, calculated inhalation of soil particles, dermal uptake
contaminated terrestrial soils, while the exposure and critical exposure (toxicological via soil material, groundwater consumption
SEDISOIL model determines exposure to reference value) should be consistent with and inhalation of air during showering may
contaminated sediments. These models regard to the duration and toxicologically in specific situations contribute to the
recognise three elements: relevant exposure period in the lifetime of exposure of particular contaminants.
• contaminant distribution over the soil or the exposed population. Equations for all
sediment phases; relevant exposure pathways have been Exposure through soil ingestion is
• contaminant transfer from (the different included in the CSOIL exposure model. The calculated according to soil ingestion intake
phases of ) the soil and sediment into main exposure pathways are: rates for children and adults. For site-
so-called contact media; • exposure through soil ingestion after specific applications, the actual bioavailab-
• direct and indirect exposure to humans. hand - mouth contact (mainly relevant for ility in the human body is determined in the
immobile contaminants); Netherlands using the in-vitro IVD model or
A human exposure calculation combined • exposure through crop consumption the Unified Barge Model. Plant-soil
with toxicological reference values results in (mainly relevant for mobile concentration relationships are used for
the risk characterisation, that is, the risk contaminants); assessing exposure through crop consump-

Into Dutch Soils | 57


tion. For site-specific applications a based on actual risks to human health, the site-specific assessment of ecological risks on
four-tiered approach is used, including soil ecosystem and food safety as well as risks the basis of three lines of evidence: soil
calculations of the accumulation of arising from contaminant transport. For each chemistry, toxicity and ecology. The four-tier
contaminants in vegetables and a measure- of the protection targets a tiered approach is approach to assess the risks due to contamin-
ment protocol. The VOLASOIL model has followed. In each progressive tier the ant transport in groundwater is as follows:
been developed to assess the risk through assessment becomes less conservative, is Tier 0 is a qualitative analyses of possible risk
vapour intrusion in case of soil or ground­ based on more site-specific information and, due to groundwater transport. Tier 1 involves
water contamination with volatile contamin- hence, is more complex, time-consuming a simple generic contaminant transport
ants. This model enables the site-specific and often more expensive. When unaccept- calculation based on a conservative scenario.
indoor air concentration to be indicatively able risks in a specific tier cannot be In Tier 2, a more complex site-specific
assessed as a function of type and position- excluded, an assessment in the following tier calculation is performed. Finally, in Tier 3,
ing of the contaminants, building and soil has to be performed. The underlying monitoring activities can be performed and
characteristics, and groundwater depth. principle is: simple when possible and complex numerical models can be used.
complex when necessary. Furthermore, leaching is taken into account
The SEDISOIL exposure model includes the in this tier, and special attention is given to
relevant exposure pathways for sediments The human health risk assessment module in Total Petroleum Hydrocarbons (TPH), a
such as exposure through fish consumption, both decision support systems is based on frequently occurring contaminant in
dermal uptake when swimming and the the CSOIL exposure model. It is generally groundwater.
ingestion of water and particulate matter recognised that site-specific risk assessment
during swimming. requires an intelligent combination between
exposure calculations and measurements in
By law, the web-based Sanscrit decision contact media. Therefore, this module offers
support system is used in the Netherlands to the possibility for measurements in contact
decide on the urgency of remediation. The media like indoor air, vegetables and indoor
Risk Toolbox (RTB) is available to develop dust. In specific cases, the possibility of
sustainable soil quality objectives in case of biomonitoring exists, e.g. measuring lead in
slightly contaminated soil. Both instruments blood or arsenic in toe nails.
support site-specific risk-based decisions and Soil ecosystem risks are derived using the
risk-based land management. Decisions are tiered TRIAD approach that enables the

58 | Rijkswaterstaat
Contaminated sites that need Distribution over soil fractions
Urgent remediation, 2013 representative
SOIL CONTENT
Total number of sites: 1643
8% 9%
2% SOIL AIR PORE WATER
8% concentration concentration
2
1% Transfer processes
transport to transport to uptake by /
SURFACE SOIL GROUNDWATER deposition on
VEGETATION

dilution in transport to permeation into


INDOOR and DRINKING WATER DRINKING WATER
OUTDOOR AIR
70%
Direct exposure
Human health risks only
ingestion, inhalation inhalation, dermal
Combination of human health risks and risks from dermal uptake SOIL uptake AIR
contaminant transport in groundwater
Indirect exposure
Combination of human health risks
and ecological risks intake DRINKING consumption of
WATER, dermal VEGETATION
contact, inhalation
Combination of human health risks, transport SHOWERING
in groundwater and ecological risks
Risks from contaminant transport
in groundwater only CSOIL model to quantify exposure to contaminated terrestrial soils
Combination of transport of contaminants
in groundwater and ecological risks
Ecological risks only chemistry

risk

toxicity ecology

The TRIAD approach for scientifically based and efficient site-specific ecological risk assessment

Into Dutch Soils | 59


60 | Rijkswaterstaat
The Dutch soil quality standards

Reference has been made earlier in this be of relevance with respect to the occur- It meant that the urgency of remediation
booklet to the fact that Dutch soil quality rence of soil contamination and, to some has to be determined. In practice, remedi-
standards have been developed over the extent, this mirrors the contaminated sites ation takes place for urgent cases of soil
years in a number of stages (see the chapter encountered at that time in the remediation, in particular cases that are
‘Developing a soil policy’). Netherlands. The A values related to the urgent on the basis of human health risks.
The first set of soil quality standards for soil background concentration, while the C Other sites with serious soil contamination
and groundwater, published in 1983 as part values were primarily derived based on generally can be remediated at a convenient
of the Interim Soil Remediation Act, were ‘expert judgment’. moment in time, for example, when
the A, B and C values for soil and ground- building activities or other soil-related
water. Concentrations below the A value In 1994, these three values were replaced by activities take place at the site.
implied that there was no soil contamina- a set of two values, the Target value and A major difference was the scientific basis of
tion. Exceeding the C value (‘serious soil Intervention value for soil and groundwa- the Target and Intervention values; they
contamination’) implied that remediation ter. The Target value had a similar function were derived applying risk assessment. The
was necessary. The B value was the trigger as the A value. The role of the Intervention Target values are based on ecological risks
for a Main Investigation: it suggested that if value was comparable to the C value: and background concentrations and the
concentrations above the B value were exceeding means a ‘serious soil contamina- Intervention values are based on human
found, serious soil contamination might be tion’, for which remediation is necessary. health and ecological risks. Although there
present. The A, B and C values were defined However, exceeding the Intervention value was no longer a formal intermediate (B)
for a list of substances that were thought to does not imply an immediate remediation. value, in practice such an intermediate value

Into Dutch Soils | 61


was still used to determine the need for a logical component of the Intervention value were introduced that define whether
Main Investigation. For this, the average of is missing. slightly contaminated soil is fit for a specific
Target and Intervention value was used. land use. These soil quality standards, called
The risk-based Intervention values were Maximal values for residential land use and
Moreover, a volume criterion was intro- revised at several stages; the latest revision Maximal values for industrial land use,
duced in 1994. It implied that a single excess is from 2013. In 2008, an Intervention value relate the acceptable quality of the soil to its
of the Intervention value in one soil sample for asbestos has been included in the list, function. The Maximal values, which are
is not sufficient to declare contamination to solely based on human health risks. It is available for soil only (not for groundwa-
be serious. This requires a volume of at least obvious that the exposure to asbestos in soil ter), have been derived based on human
25 m3 for soil or 100 m3 for water-saturated is quite different compared to other health risks, ecological risks and risks for
soil volume for groundwater exceeding the substances since the inhalation of asbestos agricultural production.
Intervention value. fibres is the only relevant exposure pathway. Maximal values have been published for 101
Therefore, an alternative procedure was substances in the Dutch soil quality
As mentioned earlier, by now the Target followed, using measured concentrations in regulation (latest version 2012).
values have been replaced by the soil and air at different activities and soil
Background values derived from the nation and weather conditions. Moreover, The Background values now in place were
wide study of the background concentra- differences in carcinogenic potential derived from the study of national back-
tions for 252 substances. The number is the between different types of asbestos were ground concentrations in the Netherlands
result of the sum of all individually listed taken into account. (see the chapter ‘Knowing the soil quality’).
substances and the substances that are part In principle, the Background values were set
of a listed sum parameter. An example is the The publication of the Soil Quality Decree in at the 95 percentile of the distribution of
listed sum-PAHs (Polycyclic Aromatic 2008 resulted in a drastic change in soil background concentrations in the top soil
Hydrocarbons), for which 10 specific PAHs quality assessment. The perspective of the in ‘relatively undisturbed areas’. For
compounds need to be analysed. new decree is different from the past as substances for which the Background
The list includes so-called ‘indicative levels (re)use of slightly contaminated soil became concentrations were lower than the
of serious risk’ for 32 substances, as an important objective. Intervention values analytical detection limit, the Background
alternative for an Intervention value, for are still used to define whether remediation values were set equal to the detection limit.
which a standardised measurement or is necessary. But through the Soil Quality This is applicable for a large group of
analysis protocol is lacking or the ecotoxico- Decree two additional soil quality standards organic substances.

62 | Rijkswaterstaat
ue

e
alu
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Sustainable land management Site remediation

Contaminant concentration

Nature and agriculture Residential areas Industrial areas Remediation

Illustrative overview of the Dutch Soil Quality Standards


Maximum value Maximum value
1. In addition to the concentration of these for residential function class
Substance 1) Background value land use ‘Industry’ Intervention value 2)
substances, the percentage of clay and
barium3 - - - - 3)
organic matter should be determined. cadmium 0.6 1.2 4.3 13
2. Intervention values as included in the cobalt 15 35 190 190
Dutch Soil Protection Act. copper 40 54 190 190
mercury 0.15 0.83 4.8 36 / 4 4)
3. The values for barium have been withdrawn lead 50 210 530 530
as the intervention value is lower than the molybdenum 1.5 88 190 190
natural occurring concentrations. When nickel 35 39 100 100
zinc 140 200 720 720
there is a higher value than the background
sum-PCBs 0.02 0.04 0.5 1
value, caused by an antropogenic source, sum-PAHs 1.5 6.8 40 40
then the competent authority can assess mineral oil 190 190 500 5000
this value using the former intervention
value of 625 mg/kg d.m. Soil quality standards expressed for the ‘standard soil’ in mg/kg dry matter for the ‘standard set’ of substances.
4. For inorganic and organic mercury
respectively.

Into Dutch Soils | 63


As mentioned earlier, some major
differences are found among the soil
properties of the top soil in the
Netherlands. There are large differences in
the fraction of clay between sand and clay
soils as well as in the organic matter content
of, for example, peat and sand. Both the
fine fraction and the organic matter strongly
influence the availability of substances in
soil. To account for these differences, the
soil quality standards are normalized
according to what is called the ‘standard
soil’ with an organic matter content of 10%
and 25% clay, using practical soil properties
conversion equations.

64 | Rijkswaterstaat
Into Dutch Soils | 65
66 | Rijkswaterstaat
Investigating the soil quality

Prior to investigating the soil quality of a Knowing why the site requires investigation Based on the obtained information a
site, it is important to identify the motive already provides important clues to the kind ‘conceptual model’ of the sites contamina-
for the investigation. Different motives are of soil investigation that is necessary. tion situation is defined. For this a limited
possible and might trigger an investigation. number of basic assumptions with respect
Obvious motives for an investigation are Soil investigation always starts with a to the potential contamination is used. If
present or past activities on the site that Preli­mi­nary Investigation. It consists of a contamination is expected, the spatial
have a strong likelihood of causing soil desk study and a site inspection. The distribution over the site is either homo-
contamination. (Re)development for purpose of the Preliminary Investigation is geneous or heterogeneous.
residential purposes also triggers an to establish whether the site might be If a homogeneous distribution is expected,
investigation in the Netherlands to prevent contaminated on the basis of historical the suspected depth will be identified. For
building on a seriously contaminated site. information: past and present activities on simple situations, the contamination level
Yet another reason could be a property the site as well as the site’s geological and will be more or less stable over the
transaction between two (private) parties, hydrological situation. Obviously, if the site contaminated surface. However, even
whereby the potential new owner wants to has a long history, it might prove very hard significant variation in contamination levels
exclude the risk of acquiring a contaminated or even impossible to obtain all the relevant can occur. The homogeneous character in
site. A logical decision since Dutch law information, a fact that should be taken such a situation is the expected constant
prescribes that the new owner will be liable into consideration when defining the level of variability. For example, at sites
for the remediation costs in the event of investigation strategy. where the soil plain has been elevated in the
contamination. past using old harbour sludge, the concen-

Into Dutch Soils | 67


trations can vary significantly from point to assumptions of the conceptual site model. Where contamination had been expected
point yet the contamination level of the This underlines the importance of the and actually found, there will be a need for
whole layer still appears to be predictable. assumptions that are the basis for the further delineation of that contamination
A heterogeneous distribution can be conceptual site model. During the in the Main Investigation.
expected as a result of some kind of spillage Exploratory Investigation of a heterogeneous
in the past. Depending on how long the site contamination at a known position, the To assess the risks of the contamination,
has been in use, and how many different sampling will focus on that position only. If apart from knowledge of the contamination
activities have been performed, the position the information on the position is incorrect, itself, information must also be gathered
of the resulting ‘hot spots’ may be known or the contamination may be missed. about the geological and hydrological
not. situation. This knowledge will also prove
Once the samples have been taken and the essential when remediation will be
All these assumptions together result in a analytical results are available, it is up to the necessary.
first version of the ‘conceptual site model’. consultant to redefine the conceptual site
The importance of this investigation phase model. Information from the Exploratory In the Main Investigation the conceptual
is widely accepted, as all subsequent Investigation is added to that of the site model needs to be redefined until
investigations will, in principle, be based on Preli­minary Investigation to generate a sufficient knowledge of the contamination
these results. Consequently, a sufficient somewhat more detailed conceptual site situation is obtained. Sufficient knowledge
amount of effort (and thus money) should model. will depend, amongst others, on the spatial
be spent on the Preliminary Investigation. The result of the Exploratory Investigation distribution of the contaminants, the (geo)
The ‘conceptual site model’ obtained will determine if additional sampling is hydrology, the remediation method applied
provides the input for what needs to be necessary. Where no contamination had as well as the future use of the site. Given
done in terms of site investigation in the been expected, and if, indeed, no contamina- these variable boundary conditions, it is less
next phase, the Exploratory Investigation. tion has been found, there will be no reason simple to provide tangible instructions for
During the Exploratory Investigation the first for further investigations. Again, this stresses the Main Investigation. It also implies that
actual sampling occurs, its main purpose the importance of well-founded as­s­umptions the Main Investigation, certainly in more
being to check whether the assumptions of obtained from a thorough Preli­minary complex situations, cannot be performed in
the conceptual site model are correct. It is a Investigation. If, despite the assumptions, a single phase. After each phase it must be
limited, cost-effective sampling exercise contamination is found, further in­ves­ judged if the conceptual site model is
wherein the sampling strategy is linked to tigation of the site will be required. sufficiently defined in light of the contam-

68 | Rijkswaterstaat
ination, the associated risks and its Preliminary Investigation
yes no
potential future remediation. contamination
suspected?

If more than 25 m3 soil or 100 m3 groundwa- potentially probably


contaminated uncontaminated
ter appears to be polluted above the
Intervention value, it is referred to as assessment of
information
serious soil pollution. This means that the
functional properties of the soil for no
site investigation
humans, plants or animals might be required?
seriously impaired. Therefore, it must be
yes
investigated whether the risks to humans
and/or the environment are acceptable or Exploratory Investigation
not. The site-specific risks will determine
no suspected different yes
the urgency of a remediation (see the contamination
indication contamination
uncontaminated found?
chapter ‘Risk assessment’). verified?

A series of standards and protocols is


additional no
available for the investigation of the soil. yes investigation
required?
Apart from national standards and
protocols, ISO/TC 190 has also provided a yes

guideline for the investigation of potentially Main Investigation


contaminated sites (ISO 10831-5). In 2015 or additional
investigation
2016 this standard will be replaced by new consultation about
ISO-standards; ISO 18400-202 and 18400- the desired
information quality
203. Specifically for the Explo­ratory is information no
Investigation, detailed instructions on the adequate?
sampling strategy have been defined in the
yes
Netherlands as NEN 5740 (2009).

report
Flowchart of the different soil investigation phases (ISO 10381-5)

Into Dutch Soils | 69


70 | Rijkswaterstaat
Solutions

Nowadays a wide variety of remediation layer, for example, in combination with a new The remediation itself might also have
methods is available and applied. The top layer of clean soil to allow future use of direct adverse effects on the environment. If
common characteristic of these methods is the site. In general terms: sustainable land heavy machinery is needed to excavate a
that they aim to limit human and ecosystem management is also considered as a remedi- contaminated site, there comes a point
exposure risks as well as prohibit (further) ation method as it provides a solution to an when one might consider whether it is still
migration of the contaminants. This implies existing soil contamination. worthwhile removing the contaminants
that the local situation, the future use of the Remedial method selection should be done from the soil. Perhaps the environmental
site and the contamination itself, together after the Main Investigation is finished and a impact is less when (part of ) the soil
will determine what kind of remediation is Remediation Plan is developed. As already contami­na­tion remains. So, when deciding
possible. mentioned, it might be that additional site on the remediation method, the environ-
information has to be gathered in order to mental impact also has to be considered.
Remediation is a broadly defined term in the determine the most appropriate remediation Obviously, the decision to leave part of the
Netherlands. It does not imply per se the method. contamination behind must be based on
removal of the contamination. An accepted the risks associated with that residual
remediation method, for exam­ple, is the Apart from the technical definition of pollution.
geohydrological isolation of the source of the potential remediation methods, the costs are
contamination. Another example of obviously also an important factor of the Removing the contamination from soil or
remediation where the contamination is not remediation phase but also, depending of the groundwater implies that targets have to be
removed is to isolate the contaminated soil method chosen, of the post-remediation care. set. When the contamination is excavated,

Into Dutch Soils | 71


a limit must be defined for the soil
concentration that actually needs to be
removed. To put it simply: how clean does it
need to be? The soil quality standards can
be used to determine this. Obviously, where
the Inter­vention value indicates severe
deterioration of the soil quality, concentra-
tions above this value must be removed.
Additionally, there often will be no need to
remove all contaminants down to the level
of the Back­ground value. The applied value
will depend on the future use of the site.

If not all contamination is removed,


post-remediation care is essential. The
measures taken with respect to this will
depend on the position of the contamination
(depth, in the soil or in the groundwater) and
what kind of contaminating substances are
present (mobile, immobile). In any case,
where soil contamination remains, this will
be formally registered in the land register
together with the owner of the site and the
site boundaries.

72 | Rijkswaterstaat
Into Dutch Soils | 73
74 | Rijkswaterstaat
Index

A Certification 22, 53, 54 Cost-effective 16, 68


A, B and C values 10, 16, 61 Certification scheme 22, 53, 54 Covenant  25, 26
Accreditation 22,53 Clay 05, 11, 63, 64 Criterion 16, 17, 62
Accreditation scheme 22,53 Clean soil 71 CSOIL 57, 58, 59
Agriculture 11, 41, 42 Coastal area 05, 07
Appeal 33, 34 Cobalt 47, 63 D
Asbestos62 Communication29 Delta 05, 06, 50
Assessment 54, 57, 58 Competent authority 29, 30, 33, 34, 41 Delta Works 06
Competitive market 16 Depletion41
B Conceptual model 67 Deterioration 41, 72
Background concentration 46, 61 Construction products 22 Dig and dump 16
Background value 46, 61 Construction Products Directive 22 Dikes 05, 06
Barium 47, 63 Consultancy firm 29, 53 Dredged sludge 17, 21
Boulder clay 11 Consultant 29, 53 Drinking water 41, 49
Building Materials Decree 17, 22 Contaminated site 24, 33, 57, 67 Dune 06, 11
Contaminated soil 22, 58, 71
C Contamination 15, 16, 19, 67, 68 E
Cadmium 47, 63 Contractor29 Ecological property 41
CEN/TC 345 54 Copper 47, 63 Ecosystem58

Into Dutch Soils | 75


Enforcer21 H Legislative framework 21
Environment 12, 68, 69, 71 Heavy metals 49 Legislation 12, 16, 17, 21
Environmental impact 22, 71 Heterogeneous 67, 68 Legislator53
Environmental laboratory 29 Historical information 67 Lekkerkerk12
Environmental Management Act 21, 22 Holocene05 Liability 15, 37
Environmental policy plan 15, 16 Homogeneous67 Local authority 41
Environment and Planning act 23, 25 Human exposure modeling 57 Local circumstances 16
Erosion41 Human health 49, 57, 58, 59, 61 Local pollution 12
European legislation 22
Eutrophication49 I M
Evaluation report 30, 33 Ice age 05, 06, 07 Main Investigation 29, 33, 61, 62, 68, 69
Exceeding61 Immobile contaminant 16, 57 Marine clay 11
Exploratory investigation 67, 68, 69 Indoor air 57, 58 Mercury 47, 63
Exposure 57, 58, 62 Industrial revolution 11 Meuse 05, 07
Exposure level 62 Industry 22, 29, 42 Migration71
Exposure model 57, 58, 62 Ingestion 49, 57 Mineral oil 47, 49, 63
Inhabitants 05, 06, 08 Molybdenum 47, 63
F Inhalation 57, 62 Moorlands05
Farmland05 Interim Soil Remediation Act 12, 15, 16 Multifunctional soil 15
Flood 05, 06 Intervention value 16, 61, 62, 69 Municipal authorities 45, 53
Formal decision 29, 33, 34 Investigation 29, 67, 68, 69 Municipality 21, 41, 47
Funding 15, 22, 37 ISO 54, 69
N
G L National Environmental Policy Plan 15, 16
Government 21, 37, 38, 53 Laboratory 16, 29 New soil contamination 15
Groundwater 21, 49, 50, 57, 59 Landfill 21, 22, 29 Nickel 47, 63
Guideline 22, 46, 53 Landfill Directive 22 Nitrification49
Land use 25, 41, 46, 62 North Sea 05, 06, 07, 11
Lead 47, 63 Notification33

76 | Rijkswaterstaat
Nutrients49 Reference value 12, 57 Slightly polluted soils 29, 38, 45
Regulator53 Sludge 17, 21, 67
O Regulatory value 17, 21 Soil ambition 41, 42, 45, 46
Organic matter 47, 63, 64 Remediation 15, 16, 22, 25, 37, 71 Soil contamination 15, 19, 37
Organic substances 62 Remediation costs 37, 67 Soil function 17, 41, 42
Owner 29, 67, 72 Remediation Plan 29, 33, 71 Soil investigation 67, 69
Remediation method 29, 68, 71 Soil legislation 12, 23, 37
P Residents29 Soil lot 46
PAH 47, 49, 62, 63 Reuse 15, 17, 38, 42, 46 Soil management 22, 25 , 41, 42
Pathway62 Rhine 05, 07 Soil policy 15, 16, 21, 25, 61
PCB 47, 63 Risk 16, 57, 58, 59 Soil pollution 15, 16, 34, 37
Peat 05, 06, 11, 64 Risk assessment 57, 58, 59 Soil Protection Act 15, 16, 23, 33, 34, 37
Permit 21, 34 Risk Toolbox 58 Soil quality 41, 45, 61
Physical property 41 River 05, 06, 08, 11 Soil Quality Decree 16, 21, 22, 30, 41
Polder 06, 50 River clay 11 Soil Quality Map 38, 45, 46
Polluted site 15, 16, 29, 46 Soil Quality Regulation 16, 17, 21, 22, 23
Polluter pays principle 15, 37 S Soil Quality Standards 61, 62
Post-remediation care 30, 33, 71, 72 Salinisation41 Soil remediation 15, 37, 38
Post-remediation care programme 33 Sand 05, 11, 49, 64 Soil transport 46
Preliminary investigation 67, 68, 69 Sanscrit58 Soil type 11
Property transaction 67 Saturated zone 49 Spatial development 08, 25, 41
Protocol 22, 53, 58, 62, 69 Sea level 05, 06, 07 Spatial distribution 67, 68
Province 21, 33, 41, 42 Sediment 42, 49, 50, 57, 58 Spatial planning 17, 22, 26
SEDISOIL 57, 58 Spillage68
Q Serious risk 15, 38 Standard 22, 46, 47, 53, 54
Quality assurance 16, 22, 23, 30, 53 Serious soil pollution 15, 16, 69 Standard soil 63
Simplified procedure 33, 34 Standardisation 22, 53
R Site 15, 29, 30, 67, 68 STRONG26
Redevelopment 08, 17, 38 Skin contact 49 Substance 46, 47, 49, 50, 62, 63

Into Dutch Soils | 77


Surface water 21, 49, 50
Sustainable land management 17, 38, 45, 71
Swamp 05, 11

T
Target value 61, 62
Technical guideline 53
Top soil 46, 62, 64

U
Uncontaminated site 45
Unpolluted soils 16
Urbanised 08, 12
Urgent16

V
VOLASOIL58
Volume criterion 62

W
Waste 06, 21, 23
Water authority 41, 42
Water Framework Directive 23
Windmill06

Z
Zinc 47, 63
Zone 45, 46

78 | Rijkswaterstaat
Dutch soil on the internet
Government
www.government.nl/ministries/ienm
rwsenvironment.eu/subjects/soil/

Knowledge institutes
www.deltares.nl/en
www.rivm.nl/en/
www.alterra.wur.nl/uk

Colophon
Photography
Yvonne Brandwijk
Plaatwerk Fotografen
RIVM

Into Dutch Soils | 79


Published by

Rijkswaterstaat

For more information go to


www.rijkswaterstaat.nl/en

November 2014 | wvl1114vh2374

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