Soil contamination calamities: quick action is key
General
The way in calamities are handled in Flanders is set out in the Decree concerning soil remediation and soil protection of 27 October 2006. In this Soil Decree, a calamity is defined as:"Unforeseen event which creates soil contamination"
The procedure and treatment of soil contamination's caused by calamities is fixed in the Soil Decree and can only be applied for calamities:- who are communicated within 14 days to the competent authority;
- of which the effective treatment can be carried out within 180 days, after communication of the calamity or after the identification by the competent authority.
If the calamity doesn't meet to these provisions and/or definition, the obligation applies to proceed to a descriptive soil investigation, soil remediation projects/works and to (pre) financement of the actions to undertake.
Actions
According to the Soil Decree the operator, user or owner of the land where the calamity has occured (entering of the pollution in to the soil), reports the calamity without delay to the competent authority. In this communication the operator, user or owner has to explain which steps he took with a view to safety and/or precautionary measures, as well as in the context of the general obligation to maintain common vigilance.
In the Soil Decree the clean-up obligation lies with the operator, user or the owner of the land where the pollution entered the soil.
Competent authority
The competent authority to report the calamity is the OVAM if the calamity happens on:- a soil which is owned ore used by the municipality;
- a soil where a class 1 environmental licensed activity is established;
- a soil where a descriptive soil investigation or soil remediation takes place.