In this short contribution, we will highlight the extent to which the clean-up operations, once they are imposed, should be carried out under the new Flemish Statute on soil clean-up.

Soil clean-up should aim at achieving the background values as far as soil quality is concerned. These values will be established by the Flemish government. To this end, the normal background in non-polluted soils presenting comparable soil characteristics is placed first and foremost.

Whenever these background values cannot be achieved by measures corresponding to the best available technology not entailing excessive costs (i.e., the famous "BATNEEC"-principle), the soil clean-up should at least aimed achieving a better soil quality than is prescribed by the "clean-up criteria". The "clean-up criteria" trigger the obligation to clean-up newly polluted soil but have yet to be established by the Flemish government. In this respect, the characteristics of the soil (clay, gravel, etc.) and its functions (natural zone, residential zone, industrial zone,...) will be taken into consideration.

If it also appears to be impossible to achieve a better soil quality than that prescribed by the applicable soil clean-up criteria, the soil clean-up should aim at avoiding that the soil quality becomes a serious danger.

Whenever the latter measures cannot be achieved, on the basis of the best available technology not entailing excessive costs, restrictions as to use and other preventive measures shall be imposed.

As long as the Flemish government has not fixed the above-mentioned background values, soil clean-up shall aim at achieving a soil quality not presenting any adverse effects for persons and the environment, in view of the properties of the soil and the functions it serves.

The content of this article is intended to provide general information on the subject matter. It is therefore not a substitute for specialist advice.

De Bandt, van Hecke & Lagae - Brussels. (32-2)517.94.93.