Key Benefits:
Decision of 22 November 2007 laying down rules on the quality of the soil (Decision on soil quality)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Spatial Planning and the Environment of 2 July 2007, No DJZ2007057947, Legal Affairs Directorate, Legislative Section, acting on behalf of the Secretary of State for Transport and Water, and the Minister for Agriculture, Nature and Food Quality;
Having regard to Directive No 89 /106/EEC of the Council of the European Communities of 21 December 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the construction products (PbEG L 40), as amended by Directive No 93 /68/EEC of the Council of the European Communities of 22 July 1993 (PbEG L 220);
Having regard to Directive No 06 /12/EEC of the Council of the European Communities of 5 April 2006 on waste (PbEG, L 114), to replace Directive No 75 /442/EEC of the Council of the European Communities of 15 July 1975 on waste (PbEG L 194), as last amended by: Regulation No 1882/2003 of the European Parliament and of the Council of the European Community of 29 September 2003 (PbEU L 284);
Having regard to the Articles 1.1, seventh paragraph , 8.1, second member , 8.5 , 8.40 , 8.45 , 8.49, fifth paragraph , 10.2, second paragraph , 10.15, 1st Member , 10.17, 1st Member , 10.52 , 11.1 , 11.2 and 11.3 of the Environmental Protection Act , the Articles 6 , 7 , 8 , 12a , 12b , 15 , 16a , 17 , 36 , 38 , 39b , 70 , 71 , 72 , 76o and 91 of the Land Protection Act , the Article 1 (3) , 2a, first and second members , 2b and 2c of the surface waters pollution Act , Article 24 of the Environmental Hazardous Substances Act , Article 12, second paragraph of the Law on Environmental Taxation and Article 40a of the Housing Act ;
The Council of State heard (opinion delivered on 10 September 2007, No W08.07.0189/IV);
Having regard to the further report by Our Minister for Housing, Spatial Planning and the Environment of 19 November 2007, No DJZ2007113029, Legal Affairs Committee, Law Department, released on behalf of the Secretary of State for Transport and Water, and the Minister for Agriculture, Nature and Food Quality;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, unless otherwise specified, the following definitions shall apply:
Background values : At the control of our Ministers, levels of chemical substances for good soil quality, for which there is no tax by local pollution sources;
Accreditation : evidence to indicate to the Council for Accreditation that, for a given period of time, there is a legitimate expectation that the person or institution referred to therein is competent to carry out the activity in question;
Dredged specie : material released from the bottom or bank of a surface water body consisting of mineral parts with a maximum grain size of 2 millimeters and organic matter in an ratio and with a structure like this in the bottom of the Naturally occurring, and naturally occurring in soil, shells and gravel with a grain size of 2 to 63 millimetres are found;
Administrator : Governing body empowered to issue a permit Section 6.2 of the Water Act ;
Soil management area : contiguous, by the governing body referred to in Article 44 , 45 or 46 , defined part of the area of one or more municipalities or the management area of one or more managers;
Soil functions : use of the soil, other than the soil or bank of a surface body, as determined by the local council, in accordance with a classification established by the rules of our Ministers;
Soil function classes : classification of soil functions in the categories referred to in the Regulation of Our Ministers; Article 55, first paragraph ;
Construction dust : material in which the sum of silicon, calcium or aluminium combined is more than 10% by weight of that material, excluding flat glass, metallic aluminium, ground or dredging, which is intended to be used;
Certificate : a certificate indicating a certification body approved by our Minister that, for a period of time, there is a legitimate expectation that the person named herein complies with the standard document for certification;
Approved quality assurance : written statement issued by an institution to that effect, certifying that the associated party that comes from a person or institution approved for producing on the basis of a certificate of approval is issued by an institution national Assessment Directive, complies with the environmental quality requirements laid down in or pursuant to this Decision, provided that they are applied to the manner indicated in the declaration;
Recognition : Decision of Our Ministers establishing that a person or an institution for an activity complies with the conditions applicable to or under this Decision;
Manufacturer-self-certification Written certificate issued by the producer of a construction, ground or dredging document, stating that the associated party complies with the environmental quality requirements imposed by or pursuant to this Decision. It shall show the manner in which it has been established that the Party complies with the requirements laid down in or pursuant to this Decision;
Land : solid material consisting of mineral parts with a maximum grain size of 2 millimeters and organic matter in an ratio and with a structure such as these to be found in soil naturally, as well as naturally occurring in soil shells with a grain size of 2 to 63 millimetres, other than dredging,
IBC construction material : construction agent which, due to the degree of emission, may be used only with insulation, management and control measures;
Setting : certification body, inspection body, laboratory or other institution, which assesses whether a person, a substance, a product, an installation, a device or any other object corresponds to a standard document;
Intervention values : In the case of rules adopted by our Ministers, generic values which indicate that if they exceed a potential serious reduction in the functional characteristics of the soil for humans, plants or animals, as referred to in Article 4 (1), Article 36 of the Soil Protection Act ;
Isolation, management and control measures : measures which, when a construction agent is applied, do not in any way contact the building dust with rainwater and ground water;
Quality class : classification of the quality of soil, soil or dredging in accordance with the rules of our Ministers;
Farm : Company as intended in Article 1, first paragraph, part i, of the Fertilisers Law ;
Mine stone: construction material, consisting essentially of broken shale and sandstone with coals of coal noise, which has become a secondary rock for coal extraction;
Environmental certificate :
a. For construction materials, soil or dredging: batch inspection, manufacturer-own declaration or approved quality certificate; and
b. For soil, dredging or soil, on which the soil or dredging is used: declaration on the quality of the environment of a specific lot or the soil, issued on the basis of a map as referred to in the Annex. Article 47 (a) , or 57, second paragraph or a standard document or research protocols designated by our Ministers ' rules;
Standard Document : one for an activity on the basis of Article 25 designated assessment directive, protocol or other directive, code, recommendation or standard which shall contain or require to promote the quality of work or its implementation;
Our Minister : Our Minister of Infrastructure and the Environment;
Our Ministers : Our Minister and Our Minister for Economic Affairs, Agriculture and Innovation;
Parameter : chemical or physical property;
Batch : identifiable quantity of construction dust, soil or dredging of comparable environmental quality, which is intended to be marketed or applied as a whole;
Batch inspection : written declaration based on a one-off investigation, which is carried out by a person or institution with a recognition to that effect, stating whether a party can be applied under the regime of the decision and how this has been established;
Person : natural or legal person;
Board For Accreditation : the Foundation Board for Accreditation in Utrecht;
Construction of construction materials : to put in a work or to keep construction materials, and to have them carried out. For the purposes of the rules laid down in or pursuant to this Decision, 'the application of construction materials to a surface water body' shall mean the use of construction materials on or in the soil or bank of a surface water body;
Application of land or dredging : affixing, spreading or temporarily storing land or dredging as intended Article 35 , the holding of the fixed or temporary stored land or dredging inspection in that application, and the provision of such land or dredging. For the purposes of the rules laid down in or pursuant to this Decision, the application of ground or dredging in a surface water body shall include the application of soil or dredging specimens on or in the soil or bank of a body. Surface water body;
Location : address and place of residence of a person or address and place of residence where an institution is established;
Moulded construction dust : construction material of a volume of at least 50 cm per unit of unit 3 , which, under normal circumstances, has a durable shape-fastness;
Work : construction, road or water engineering work or any other functional application of a construction agent, except for dipping or muting a surface water body and raising the soil for the benefit of residential areas and industrial sites.
Efficacy : a measure designated by our Minister's arrangement as intended Article 11A (2), second paragraph, of the Environmental Protection Act , which is carried out in respect of soil, soil, dredging specie, construction materials or forest-dementia systems.
This Decision shall be based on the Articles 6.2, first paragraph, part b , 6.6 and 6.7 of the Water Act .
1 For the application of the Articles 5, first and second members , 6 , 7 , 8 , under Chapter 3 and the provisions which are based thereon, unless the second member, mayor and aldermen of the municipality in which the construction products are applied, have the power to use the competent authority in relation to the person applying a construction substance to or in the soil, excluding the soil or bank of a surface water body.
2 Where construction materials are applied to or in the soil, excluding the soil or bank of a surface water body, within an establishment which belongs to a category of establishments designated under the conditions of Article 1.1, third paragraph, of the Environmental Management Act , and on the basis of Article 2.4 of the General Provisions Act A body other than mayor and aldermen is competent, or if the authorisation had not been removed, to grant authorisation to the establishment, and it is also within the framework of this decision that the other institution has the power of authority.
3 The administrator shall have the power of authority in relation to the person applying a construction substance to a surface water body.
4 Our Minister is empowered in relation to those who are the acts mentioned in the Article 28, first paragraph, introductory wording , with the exception of the use of construction materials.
1 For the application of the Articles 5, first and second members , 6 , 7 , Point 8, of Chapter 4 and the provisions based thereon are, subject to the second paragraph, the mayor and aldermen of the municipality in which land or dredging is applied on or in the soil, except the soil or bank of a surface water body, has the power to authority.
2 Where soil or dredging specie is applied to or in the soil, excluding the soil or bank of a surface water body, within an establishment which belongs to a category of establishments, which is designated under the conditions of Article 1.1, third paragraph, of the Environmental Management Act , and on the basis of Article 2.4 of the General Provisions Act A body other than that of mayor and aldermen is, or would be, the authority of that body, that other institution is the competent authority.
3 The administrator shall be empowered to apply land or dredging in a surface water body.
1 Our Minister shall make provision for effective supervision of compliance with the obligations laid down in or pursuant to this Decision, after coordination with the administrative bodies referred to in the second to third paragraphs, to the extent that the in the case of administrative bodies other than our Minister. The provisions shall cover the strategic, programmatic and concerted exercise of enforcement powers.
2 In the case of applications of construction materials, soil or dredging, to or from the soil, excluding the soil or bank of a surface water body, within one or more soil management areas for which more than one administrative authority is competent authority, the designate the relevant administrative bodies with a single competent authority which, on behalf of the governing bodies concerned, shall ensure coordinated monitoring of compliance with the obligations imposed by or under this Decision.
3 Mayor and aldermen have the task of ensuring the maintenance of the obligations laid down in or pursuant to this Decision, in so far as they concern:
a. The application of construction materials to or in the soil, excluding the soil or bank of a surface water body;
b. Apply ground or dredging specimens to or from the soil, excluding the soil or bank of a surface water body, as intended. Article 35 ;
c. to provide an environmental certificate as intended to Article 28, third paragraph ;
d. Reporting an application as intended in the Articles 32 and 42 .
4 Our Minister has the task of ensuring that the obligations imposed by or pursuant to this Decision are maintained, in so far as they relate to:
a. The placing of construction on or into the soil, except the soil or bank of a surface water body, on the application of construction equipment;
b. the conduct of the acts referred to in the Article 35 , on or in the soil, except for the soil or bank of a surface water body.
5 To the Article 28, third paragraph , 32, first and second members , 42, first, ninth and eleventh members , and 58, 1st Member , it is deemed to be satisfied if one of the required persons has fulfilled the obligation to do so.
1 This Decision shall apply to the application of construction materials, land or dredging, to the extent that:
a. No greater quantity of such building materials, soil or dredging shall be used in accordance with standard criteria necessary for the operation of the application,
(b) the application is required by common criteria at the place where it takes place, or under the conditions in which it takes place; and
c. where the use of waste is a useful application in the sense of: Article 1.1, first paragraph, of the Environment .
2 The prohibition, intended to Article 6.2, First paragraph, of the Water Law , does not apply to applications of construction materials, soil or dredging in a surface water body which comply with the provisions of the first paragraph.
3 An application in the sense of: Chapter 3 and 4 derogating from the provisions of this Decision shall be subject to authorisation as provided for in Article 2.1, first paragraph, introductory wording and point (e) of the General Provisions Act . By way of derogation from the Articles 2 and 3 Our Minister is the competent authority.
The setting of rules as referred to in the Article 28, first paragraph, point (b) , 30, first and second members , and 31, second paragraph , and the keys to the maximum values, meant in the Articles 44, 1st paragraph , 45, 1st Member , 46 , 55, second paragraph , 57, 1st Member , 60, 1st Member and 63, first paragraph, point (a) (i) The conditions laid down in Article 13 of the Waste Framework Directive shall be subject to compliance with the conditions required for the use of construction, ground or dredging inspections.
The person who applies construction, land or dredging and who knows, or could reasonably have been aware that the action or failure to act would cause or may cause adverse effects on a surface water body, which are not, or are not, to be prevented from being prevented from being prevented from being prevented from being prevented from acting. or limited by compliance with the rules laid down in or pursuant to this Decision, to prevent those consequences or limits which are not as far as possible as far as possible and to the extent that it can reasonably be required of them.
1 The person required by the rules laid down in or pursuant to this Decision to carry out investigations on or in part of the soil in respect of which he is required to do so may submit to the competent authority an application as referred to in Article 3 (1) of the EC Treaty. Article 71 of the Soil Protection Act .
2 The applicant, referred to in paragraph 1, shall, upon request, provide the following information:
a. Its name and address;
(b) the name and address of the rightholders;
(c) the place where the investigation will take place;
d. the nature, extent and time of the proposed investigation; and
(e) acts which the rightholders must leave in the interests of the investigation.
1 Our Ministers may grant recognition to a person or an institution upon application for an activity.
2 The decision shall specify at least the name of the person or institution, the activity, the place of establishment and, if applicable, the name of the natural person working for the recognised person or institution and who is one of the persons employed in the event of a decision. operations designated by Our Ministers.
3 Recognition shall be granted for an indefinite period.
4 Our Ministers shall make available lists of approved persons and institutions through a website designated by them. The decision on designation of the website shall be published in the Official Journal.
5 A recognition shall not be transferable.
1 An application for recognition shall be submitted to Our Ministers by means of a form established by Our Ministers.
2 The application shall provide at least the following information:
a. The name and address of the applicant;
(b) the efficacy to which the application relates;
c. the certificate or accreditation for efficacy;
d. the place of establishment of the person or institution;
e. if applicable, the name and a declaration of behaviour as referred to in Article 28 of the Law and Criminal Justice Act , which is not older than six months, of the natural person as referred to in Article 9, second paragraph .
3 Our Ministers may lay down detailed rules on the information referred to in paragraph 2.
1 Our Ministers will decide within eight weeks from the date of receipt of the application.
2 Our Ministers shall grant the approval, in whole or in part, if the person or institution concerned:
a. Is not in a state of bankruptcy or surfacing payment; and
b. has been satisfied Article 10, second paragraph .
3 In the case of an arrangement of Our Ministers, it shall be indicated whether a recognition for an activity shall be based on a certificate or an accreditation.
4 A recognition may be refused, in whole or in part, if the relevant person or institution or a director of such person or institution has, in the three years preceding the application, breaching a legal requirement that is of or under this Decision, in the case of, or under any of the Article 21 or 22 said laws or regulations Article 225 of the Code of Criminal Law -to the extent that the infringement is related to an activity.
5 A recognition may be refused in the event and under the conditions specified in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration .
6 Before application to the fifth paragraph, the Office may promote integrity assessments by public administration, as referred to in Article 4 (2). Article 8 of the Law of Promotion of Integrity Assessments by Public Administration , for an opinion as referred to in Article 9 of that Act will be requested.
1 At the request of the recognised person or institution, the approval may be amended. Article 9, fourth paragraph , shall apply mutatis mutandis.
2 The request shall be submitted to Our Ministers by means of a form established by Our Ministers. Article 10, second and third paragraphs , shall apply mutatis mutandis.
3 Our Ministers shall decide within four weeks from the date of receipt of the request. Article 11, second and fourth paragraphs , shall apply mutatis mutandis.
1 With a declaration of behaviour as referred to in Article 10, second paragraph, point (e) , shall be treated in the same way as a certificate of conduct issued by a competent authority in another Member State of the European Union or in a State other than a Member State of the European Union which is a party to a Member State of the European Union which is a party to a Member State of the European Union. whether co-contracting the Netherlands, on the basis of investigations or documents providing a level of protection at least equivalent to the level of protection provided by national research or documentation, provided that the statement does not exceed six months.
2 A certificate or accreditation shall be issued, by a competent institution in another Member State of the European Union or in a Member State of the European Union, by a certificate or accreditation referred to in this Decision or in a standard document. a State, other than a Member State of the European Union, which is a party to a Convention which binds to that State or, to that end, which binds the Netherlands, on the basis of investigations or documents providing a level of protection which at least is is equivalent to the level of protection provided by national investigations or the standard documents shall be provided.
3 A recognition or similar decision issued by a competent authority in another Member State of the European Union or in a State other than a Member State of the European Union shall be deemed to be recognised as a party is in the case of a Convention which binds the Netherlands or, to that effect, which binds the Netherlands, on the basis of conditions which provide a level of protection at least equivalent to the level of protection laid down by the conditions, Article 10, second paragraph It's being offered. The Article 9, fourth paragraph , and 24 shall be applicable mutatis mutandis.
1 It is prohibited to carry out an activity without any recognition.
2 The in Article 9, second paragraph , such acts may be carried out only by a natural person who is stated on the basis of the recognition.
3 The provisions of paragraphs 1 and 2 shall not apply to the extent that the activity is carried out for the purposes of obtaining a certificate or an accreditation.
A person or institution is prohibited from using or making available to any person a result of an activity if he knows, or could reasonably have suspected, that this result, having regard to the purpose for which it is to be used, does not provide a reliable picture of the characteristics, nature, quality or composition of soil, soil, dredging or building dust.
1 A institution or person appointed by a regulation of our Ministers shall not act as a matter of ministerial order in respect of soil, land, dredging or building material on which this institution or person has a personal or a personal interest. right.
2 An institution or person appointed by a regulation of Our Ministers does not carry out an act designated by ministerial arrangement with regard to a person, a substance, a construction substance, a product, an installation, a device or any other object, that this institution or person has organisational, financial or legal bonding, unless such binding only results from the agreement implementing the efficacy.
3 The first paragraph shall not apply to the person who has ensured, by means of organisational measures, in a demonstrable, transparent and verifiable manner, that the activity is performed exclusively by a part of the organisation That or a person who:
a. does not have a financial interest in the outcome of the efficacy;
(b) be covered by an administrative responsibility other than the person having a personal or commercial right to the soil, land, dredging or building dust; and
c. under the direct direction of a management other than the person who has a personal or commercial right to the soil, land, dredging or building dust.
4 If a standard document contains requirements for organisational measures as referred to in paragraph 3, the person or institution approved for the activity in question shall meet the third paragraph if he complies with the standard document.
1 It is prohibited to carry out an activity contrary to the applicable standard document.
2 The prohibition laid down in paragraph 1 shall not apply in so far as it is permitted to depart from the standard document by legal requirement.
The holder of a recognition shall promptly report to a body designated by Our Ministers, the court ruled out bankruptcy or surseance of payment. The notification shall be made by means of a form drawn up by Our Ministers.
A certification body or the Accreditation Board shall report any suspension or revocation of a certificate, or an accreditation, for an activity without delay to a body designated by Our Ministers. The notification shall be made by means of a form drawn up by Our Ministers.
1 A governing body shall take an application for a decision, which is given by or under legal provisions, not to be considered in the event of a data accompanying a person or institution which is required to obtain the information this data in violation has acted with Article 15, first or second paragraph .
2 The legal provisions referred to in paragraph 1 shall be Article 2.1, first paragraph, introductory wording and point (e) , and 2.6 of the General Provisions Act and 8.49 of the Environmental Protection Act , and the Article 29, first paragraph , and 39, second paragraph , 39b , 39c, second member , 39d, third member , and 40, 2nd paragraph, of the Law Soil Protection Act .
1 It shall be prohibited to provide data to a governing body for satisfaction of, or in accordance with legal requirements, if he knows, or could reasonably have suspected, that such information comes from a person or institution that has acted in violation of this information with Article 15, first or second paragraph .
2 The legal provisions referred to in paragraph 1 shall be articles 8.40, first paragraph, of the Environmental Management Act , the Articles 6.6 and 6.7 of the Water Act and the Articles 6 to 12 , 27, first paragraph , 39, first and fourth members , 39b, second paragraph, parts b and c , 70 and 72 of the Land Protection Act .
1 Our Ministers may withdraw recognition in whole or in part:
a. at the request of the recognised person or institution;
b. where incorrect or incomplete information has been provided in the application, and knowledge of the correct and complete information would have led to another decision;
c. if the proof of certification or accreditation for the relevant activity has been withdrawn or is no longer valid;
d. if the approved person or institution is in a state of bankruptcy or has obtained surseance of payment; or
e. if the approved person or institution or natural person, intended in Article 9, second paragraph , has violated a legal requirement imposed by, or under, this decision, at or under the Article 21 or 22 said laws or regulations Article 225 of the Code of Criminal Law -to the extent that the infringement is related to an activity.
2 Our Ministers may suspend any recognition for a period of not more than two years, in whole or in part, if:
a. The proof of certification or accreditation for the efficacy in question has been suspended; or
b. an infringement referred to in paragraph 1 (e).
3 Our Ministers may withdraw recognition in the event and under the conditions specified in Article 3 of the Law of Promotion of Integrity Assessments by Public Administration .
4 Before application to the third paragraph, the Office may promote integrity assessments by public administration, intended in Article 8 of the Law of Promotion of Integrity Assessments by Public Administration , for an opinion as referred to in Article 9 of that Act will be requested.
5 If a decision to revoke or stay relates to a certification body, certificates issued by that institution shall remain valid for a period of six months.
6 Where there is evidence of an infringement as referred to in paragraph 1 (e), our Ministers may request the relevant person or institution to make a declaration of conduct as referred to in paragraph 1 within a reasonable period of time. in Article 28 of the Law and Criminal Justice Act to be submitted, which is not more than two months old. If the person or institution concerned does not comply or is able to meet this request within the period prescribed, our Ministers may suspend in whole or in part recognition for a period of up to two years.
Our Ministers shall process the suspension and revocation of the recognition in the lists provided for in Article 9 (4) .
1 Our Ministers may designate standard documents to the extent that they:
a. Do not conflict with a legal requirement;
(b) have been established by bodies in which all interested parties have been able to be represented;
c. is sufficiently clear in terms of both content and scope; and
(d) have sufficient support to the parties concerned.
2 The standard documents shall be treated as documents established in another Member State of the European Union or in a State other than a Member State of the European Union, which is a party to a Member State of the European Union which is party to a Member State of the European Union, which is a party to a Member State of the European Union. the Treaty which binds the Netherlands and affords a level of protection at least equivalent to the level of protection provided by the standard documents.
1 Our Ministers shall lay down rules as to how the percentage of total silicon, calcium or aluminium in a material is determined.
2 Our Ministers shall lay down rules as to how the volume is determined by the smallest unit of a material, together with its sustainable formality.
For the purposes of this Decision, a construction substance shall be understood to mean a construction substance mixed with a maximum of 20% by weight of ground or dredging, provided that such soil or dredging does not constitute a functional part of it.
1 This Chapter shall not apply to:
a. Construction materials which are within a building as intended Article 1, first paragraph, of the Housing Act shall be applied;
(b) building materials in temporary storage as referred to in Article 5 (1) of Regulation (EU) No 148/ (EU). 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (PbEU 2013, L 269) or placed under a customs procedure containing the special procedure for transit, customs warehousing or temporary importation provided for in Article 210 of that Regulation.
2 The temporary moving or removal from work of construction materials is permitted without regard to the Articles 28 to 32 , if, without being prepared, they are placed in the same place at or near the same place and under the same conditions.
1 The manufacture, import, for use in the Netherlands or for commercial purposes for the Dutch market, for use in the Netherlands or for commercial purposes, to be made available to another or to the application of construction materials shall be prohibited, unless:
a. The composition and emission values of the construction substance are determined according to the parameters, which are Annex 1 be mentioned and subject to the arrangements of our Ministers, in accordance with the methods laid down by the Rules of Our Ministers, by, or under the supervision of, a person or institution with a recognition to that effect;
(b) a person or institution designated by an arrangement of Our Ministers has determined, by way of a procedure laid down by our Ministers, that the values referred to in point (a), the maximum of the conditions laid down in the Rules of Our Ministers, are and do not exceed emission values;
c. from an environmental certificate issued under conditions laid down by the rules of our Ministers, it appears that the provisions of subparagraphs (a) and (b) are met; and
d. a delivery order shall be present at the relevant party containing the information provided for in the Rules of Our Ministers.
2 The cases in which a delivery order referred to in paragraph 1 is not required shall be determined by the rules of our Ministers.
3 The person applying the construction materials shall keep the related environmental certificate and the delivery order for five years from the date of application of the construction materials and shall provide such declaration or delivery order at the request of the competent authority. authority.
4 By arrangement of Our Ministers, rules are laid down concerning the merging and splitting of lots of construction material.
5 It is forbidden to apply construction materials in violation of the Article 5, first paragraph and 7 of this Decision.
1 By way of derogation from Article 28, first paragraph, points (a) and (c) , the composition and emission values of the construction material to be applied shall not be determined and no environmental certification shall be required if the following transactions are:
a. The application of masonry mortar or natural stone products, with the exception of fracture stone and stone slag;
b. Reapply without processing under the same conditions of moulding construction materials of concrete, ceramics, natural stone and bricks;
c. Re-apply it without processing under the same conditions of construction materials, of which the property is not transferred;
(d) reapplying non-tar-bearing asphalt or asphalt-concrete to road hardings if it is shown, in accordance with the CROW publication, 210 "Handling of released asphalt", that the material is not tar-bearing;
e. the application of construction materials by natural persons other than in the exercise of occupation or business.
2 The provisions of paragraph 1 shall not apply where the person applying the construction agent may adopt, on the basis of knowledge or organoleptic observation, or have reasonably assumed that it has not been complied with. Article 28, first paragraph, point (b) .
1 A construction substance that is the maximum emission values specified in Article 28, first paragraph, point (b) exceeds, can be used as an IBC building substance, if:
a. The construction substance complies with the maximum emission values for IBC building materials set up by our Ministers;
b. the construction substance has at least the volume of control of our Ministers and is contiguate in a working order;
c. insulation, management and control measures which comply with the requirements of the rules of our Ministers and approved by a person or institution designated by the rules of our Ministers.
2 It is prohibited to apply IBC constructs in a surface water body.
1 Our Minister may waive the requirement on request, stated in Article 30, first paragraph, point (c) In so far as otherwise provided by application of that rule, at least the same level of protection of the soil shall be provided, as envisaged by the requirement concerned.
2 By arrangement of Our Minister, rules shall be laid down concerning:
a. the assessment of equivalence; and
(b) the information to be supplied with the application, showing, inter alia, protection as referred to in paragraph 1.
3 An application shall be submitted to our Minister by means of a form established by Our Minister.
1 The person intending to apply a construction substance as intended Article 29, first paragraph, point (c) , please report that intention is at least five working days before applying to our Minister.
2 The one who intends to apply an IBC construction substance as intended Article 30 reports that intends to apply to our minister for at least four weeks before applying.
3 In the case of a notification as referred to in paragraphs 1 and 2, at least the following information shall be provided:
a. The name and address of the application;
b. the date on which the application will take place;
c. the application location;
d. the intended application;
e. the type and the quantity of construction agent to be applied.
In the case of a notification referred to in paragraph 1, the following shall also be mentioned:
f. the work, and
g. the place of origin of the construction substance to be applied.
In the case of a notification referred to in paragraph 2, the following shall also be notified:
h. an environmental certificate of hygiene; and
i. the description of the insulation, control and management measures, as well as the indication of the person or institution that has approved these measures.
4 Our Ministers may lay down detailed rules on the information referred to in paragraph 3.
5 If, in the case of a proposed application of an IBC construction substance, the environmental certificate is not yet available at the time the notification is made, it shall be made no later than five working days for the application of the relevant IBC construction substance provided to our Minister.
6 The notification shall be made by electronic means or in writing by means of a form the model of which shall be established by Our Ministers. Our Ministers may lay down detailed rules on the manner in which they are to be notified.
7 Our Minister shall, without delay, send the notification by electronic means to the competent authority of the information accompanying them.
The person applying a construction substance shall ensure that the construction substance:
a. Do not be mixed with the soil;
b. can be removed; and
c. is removed in case the work or part of the work of which the building fabric forms part cannot be considered as a functional application, unless the removal leads to greater degradation of the soil or surface water body then do not remove it.
For the purposes of this paragraph, mining stone shall be treated as a mining stone mixed with a maximum of 80% by weight of land or dredge.
On mine stone used in the applications, intended to be used in Article 35, parts a, b, d, e and h , is Chapter 4, Section 1 , and Section 2, Section 1 , with the exception of Article 44, second paragraph , and a Rtikel 45, 2nd Member , mutatis mutandis, except that mine stone shall also be complied with in this section.
1 Our Minister points out the following areas in the province of Limburg:
(a) regions of origin from which the mine is to be used;
b. Application areas for that mining stone.
2 The areas of application are wholly located within the region of origin.
3 Only mine stone originating from a designated area of origin may be applied in a designated area of application in accordance with this Section.
Our Minister proposes further rules on the use of the environmental certificate, Article 38 -In the application of my stone.
1 The rules of our Ministers shall lay down the arrangements for determining whether a material is to be regarded as a land or a dredging plant.
2 For the purposes of this Decision, ground or dredging shall be understood to include ground or dredging specimens mixed with a maximum of 20% by weight of soil material.
3 On the basis of environmental considerations, our Ministers may, for an application of land or dredging, set a lower percentage of soil material than those mentioned in the second paragraph, and may be permitted on this subject and on species Using soil foreign material further rules.
This Chapter shall apply to the following operations:
a. application of land or dredging in construction and road constructions, including roads, railways and sound-walling;
b. Application of soil or dredging specimens to or from the soil, excluding the soil or bank of a surface water body, in the production of industrial sites, housing construction sites and agricultural and nature grounds, with a view to improving the conditions of the soil condition;
c. Application of ground or dredging Specs for covering a location being lubricated as intended in: Chapter IV, Section 3 of the Soil Protection Act , as the coating for a landfill as intended Article 8.47 (1) and (3) and (3), respectively, of the Environment , or as a coating for a former landfill, with a view to preventing adverse effects on the functional properties that the soil has for humans, plants or animals as a result of contact with the underlying material;
the objectives set out in Article 4 of the Framework Directive on water, the objectives of Article 4 of the Framework Directive on water, the promotion of nature values and the smooth and safe settlement of shipping;
e. application of land or dredging in additions, including the re-establishment and stabilisation of former parts of wineries, or for the maintenance and repair of the applications, referred to in subparagraphs (a) to (d); with d;
f. Dissemination of dredging from a water corridor over the parcels adjacent to the water corridor, with a view to restoring or improving the parcels bordering the water area;
g. Dissemination of dredging in a surface water body, with a view to ensuring the sustainable performance of the ecological and morphological functions of the sediment, except on or in floodwaters, gorges, swallowing, beaches and plates, with the exception of: the adjacent parcels of water corridors situated within it, in order to restore or improve those parcels;
h. temporary storage of land or dredging intended for the purposes of the applications referred to in subparagraphs (a) to (e) for a period not exceeding three years on or in the soil, with the exception of the soil or bank of a surface water body, or for up to a maximum period of time ten years in a surface water body;
i. temporary storage of dredging, intended for one of the uses referred to in subparagraphs (a) to (f) for a maximum period of three years, situated adjacent to the water corridor from which the dredging movement originates.
1 It shall be prohibited to apply land or dredging specimens which are hazardous waste.
2 This Chapter shall not apply to the following transactions:
(a) the application of land or dredging, the composition of which exceeds the intervention value, unless Article 44, second paragraph , or Article 45, second paragraph is applicable;
b. The placing on or into the bottom of products which are in accordance with the provisions of Article 4 of the Fertilisers Law rules as fertiliser may be marketed;
c. operations in which it is Decision uniform sanusals is applicable, unless in accordance with or under that decision Otherwise it is determined.
3 The temporary movement or removal from the application of land or dredging shall be permitted without the inclusion of the product concerned. Articles 38 to 64 , if, without being prepared, it has been reapplied to that application at or near the same location and under the same condition.
1 It is forbidden to apply ground or dredging inspection in violation of the Article 5, first paragraph , 7 , 38 , 42 , 44 , 45 , 46 , 52 , 59 , 60 , 63 and 64 of this Decision.
2 The rules of our Ministers shall lay down rules on the manner in which values are determined, established by or pursuant to the articles, referred to in paragraph 1.
1 The person intending to apply ground or dredging shall be subject, in accordance with the methods laid down by the rules of our Ministers, to the quality of the ground or dredging, by a person or institution which has the right to do so. establish, including the emission values to the extent required by the Article 63 .
2 The quality of the land or of dredging and the specified in paragraph 1 appear in an environmental certificate of hygiene, which shall be present at the relevant party.
3 The conditions under which the environmental certification referred to in the second paragraph may be issued shall be determined by the rules of our Ministers.
4 The ground or dredging area to be applied may be classified in the quality classes to be determined by the rules of our Ministers.
5 By arrangement of Our Ministers, rules relating to the merging and splitting of lots of land or dredging shall be laid down.
6 The first to paragraph 5 shall not apply to:
a. Natural persons other than in the exercise of occupation or business; and
(b) the person intending to apply land or dredging within an agricultural holding where the land or the dredging trade comes from an agricultural parcel of that farm where a similar crop is grown as on the parcel from which the farm is the ground or dredging shall be applied.
The application of land or dredging of a kind whose quality does not exceed the background values laid down in the Conditions of Employment of Our Ministers, shall be Article 40 and Section 2 This chapter does not apply.
1 Determining the quality of the soil, on which or in which the ground or dredging shall be applied, shall be determined in accordance with the methods laid down by the rules of our Ministers by a person or institution with a view to that effect recognition under Article 9, first paragraph .
2 The quality of the soil and the stipulated in the first member, it appears from an environmental hygienic statement.
The rules of our Ministers shall determine which of the Annex 1 The parameters set out in this Decision for the purposes of this Chapter and the provisions based thereon shall be measured for the purpose of:
a. The determination of the quality of land or dredging, including emission values for applications as far as required under the terms of Article 63 , and
b. The determination of the quality of the soil, on which ground or dredging shall be applied.
1 The person intending to apply ground or dredging as referred to in Article 35, points (a) to (i) with the exception of part f , please report that intention to our Minister at least five working days in advance.
2 Upon notification of an application as referred to in Article 35 (a) to (g) and (g) , at least the following information shall be provided:
a. Name and address of the person intending to apply ground or dredging;
b. the framework for the application of the application for the application of the application;
c. the environmental certificate of the land or dredge of the land to be applied;
(d) the place of origin of the land or dredge of the land to be used;
e. the quantity of ground or dredging to be applied;
f. the location of the application;
g. as far as an application is concerned Section 2, Section 2 , the soil quality class;
(h) as far as an application to or from the soil, except the soil or bank of a surface water body, applies under Section 2, Section 2 -The soil function class.
3 To the notification of the application, referred to in Article 35 (h) and (i) , the second paragraph, points (a), (c) to (f) shall apply mutatis mutandis and to notifications of the application referred to in the Article 35 (h), second paragraph, point (g) . In the case of notifications of the application, Article 35 (h) and (i) , the planned duration of the application shall also be indicated.
4 If the intended duration of the application, intended in Article 35 (h) and (i) , is longer than six months, the final destination of the land or dredging shall be reported within that period.
5 Our Ministers may lay down detailed rules on the information referred to in paragraph 2.
6 The notification shall be made by electronic means or in writing by means of a form the model of which shall be designated by the Rules of Our Ministers. Our Ministers may lay down detailed rules on the manner in which they are to be notified.
7 Our Minister shall, without delay, send the notification by electronic means to the competent authority of the information accompanying them.
8 The first paragraph shall not apply to:
a. Natural persons other than in the exercise of occupation or business;
(b) the person intending to apply land or dredging within an agricultural holding where the land or the dredging trade comes from an agricultural parcel of that farm where a similar crop is grown as on the parcel from which the farm is the ground or dredging shall be applied;
(c) the person intending to land or dredge it as intended Article 39 Of a size of less than 50 m 3 to apply.
9 The person intending to land or dredge it as intended Article 39 Of a depth of not less than 50 m 3 by way of derogation from the second and third paragraphs, the information referred to in point (a) and (f) of the second paragraph shall be adopted.
10 The eighth paragraph, point (c) and the ninth paragraph shall not apply to the application of land or dredging in the Dutch territorial sea.
11 The following operators of land or dredging shall keep the data specified in the second, point (a), (c) to (f) for at least five years:
a. Those who intend to apply ground or dredging specimens as intended Article 39 , except for the person referred to in paragraph 8 (a) and (b);
b. The person distributing dredging from a water corridor across the parcels adjacent to the water corridor.
1 For the application of dredging specie, Article 35 (g) The administrator may, in relation to the surface water bodies under his management, designate distribution boxes and determine the maximum distribution of dredging.
2 It shall be prohibited to apply dredging checks outside a distribution box designated under the preceding paragraph and above the maximum quantity indicated in that box.
1 Municipal Council may apply for land or dredging as intended Article 35, Part (a) to (e) and (h) on or in the soil, excluding the soil or bank of a surface water body, for a soil management area designated by it, determined maximum local values for the soil, on which the soil or dredging specimen is applied, and a Percentage of soil odour that deviates from the percentage referred to in Article 34, second and third paragraphs up to a maximum of 20% by weight.
2 The local maximum values can exceed the maximum values for the soil function class industry, intended in Article 55, second paragraph , it shall be established and the different percentage of soil foreign material to be determined if:
a. The quality of the soil is determined by substances that are dispersed in that soil management area as a result of diffuse pollution;
b. Those values and that percentage correspond to the quality of soil in the soil management area; and
c. Those values do not exceed the values determined on the basis of the assessment system used for determining the need for an early remediation as referred to in Article 4 (2). Article 37, first paragraph, of the Soil Protection Act .
1 Our Minister of Transport and Water State or the general rule of water may, with regard to rijkswaters, regional waters for the application of soil or dredging in a surface water body as intended in Article 35 (a), (c) to (e) and (h) establish, for a soil management area designated by it, local maximum values for the soil or bank of a surface water body to which the ground or dredging specimen is applied, as well as a percentage of soil odour that deviates from the soil or bank of a surface water body. of the percentage referred to in Article 34, second and third paragraphs -up to a maximum of 20% by weight.
2 The maximum values for the application of dredging above the intervention values and for the application of land shall not exceed the maximum values for the soil function class industry and the different rate may be applied to the maximum values for the application of the dredging spectrum. Soil foreign material may be determined if the conditions specified in this Annex are satisfied Article 44, second paragraph .
1 Our Minister of Transport and Water State or the general rule of water may refer to national waters for the purposes of national waters for uses as intended Article 35, part g , for a soil management area designated by it, lay down maximum values for the quality of the dredging limit to be applied which deviate from the values set out in the Annex. Article 60, first paragraph , established for that application, as well as a percentage of soil odour that deviates from the percentage referred to in Article 34, second and third paragraphs -up to a maximum of 20% by weight.
2 In the case of the rules of our Ministers, provision may be made for the administrative organ referred to in the first paragraph to indicate that the parameters to be given in respect of such parameters do not exceed the maximum values which have been set by the Article 60, first paragraph set values.
3 For applications referred to in the first paragraph in the Dutch territorial sea, the governing body referred to in paragraph 1 may not set maximum values higher than those set out in the first paragraph. Article 60, first paragraph , defined values.
A decision on the basis of the Articles 44, 1st paragraph and 45, 1st Member , it shall contain:
a. one or more cards, drawn up in accordance with the protocols laid down by the Rules of Our Ministers, indicating the boundary of the soil management area, the quality of the soil and, in the case of applications to or in the soil, except for the soil or bank of a surface water body, the soil functions;
b. The local maximum values specified in the Articles 44, 1st paragraph , and 45, 1st Member ;
c. As applicable, the weight of the soil material of the material in question, expressed as a percentage by weight of Article 34, third and fourth paragraphs ;
d. a justification of the decision on the basis of the local maximum values and, where applicable, the weight of soil material by weight in relation to the quality of the soil, the social necessity of those values, and the by weight of soil material by weight, and a description of the effects of the implementation of the decision on soil quality in the soil management area determined in accordance with the methods laid down by the rules of our Ministers.
A decision on the basis of Article 46, first paragraph , it shall contain:
a. One or more maps showing the boundary of that soil management area;
b. the maximum values and the percentage of soil foreign material specified in: Article 46, first paragraph ;
c. a justification of the decision on the basis of the maximum values and the percentage of soil foreign material in relation to the effects on the quality of a surface water body and the social necessity of those values.
In the preparation of a decision as referred to in the Articles 44 , 45 and 46 will be applied to Section 3.4 of the General Administrative Law .
Against a decision as referred to in the Articles 44 , 45 and 46 may be appealed to the Board of Governors of the Council of State.
On a decision to amend a decision as referred to in the Articles 44 , 45 and 46 , are the Articles 47 to 50 applicable mutatis mutandis.
1 In case of application in a soil management area, the quality of the ground to be applied or dredged specie does not exceed the local maximum values specified in the Articles 44 and 45 , and the maximum values, intended in Article 46 .
2 Ground or dredging specie complying with the local maximum values specified in the Articles 44, second paragraph , and 45, second member , can only be applied in the soil management area of which it originates.
3 If the ground or dredging referred to in paragraph 1 exceeds the quality of the soil, on which or in which the ground or dredging specimen is applied, this ground or dredging may only be applied in the soil management area of which the soil or dredging specie is used. comes.
4 The first to third paragraphs shall not apply to:
a. The application of land or dredging of land by natural persons other than in the exercise of occupation or business;
b. applying land or dredging within an agricultural holding, where the land or dredging comes from a parcel belonging to that farm and on which a similar crop is grown as on the parcel from which the land or land is grown; dredging shall be applied.
The governing body referred to in the Articles 44 to 46 , at least once every ten years, consider the extent to which a review is required by that decision.
This paragraph applies only if no decision as in the Articles 44 , 45 or 46 has been taken.
1 Mayor and aldermen shall, at the latest half years after the date of entry into force of this Decision, place on a map the land function classes, industry or residence, of the area within their commune, on which the land or dredging will be used. Applied, fixed.
2 The maximum values for the soil function classes referred to in paragraph 1 shall be laid down in the Conditions of Employment of Our Ministers.
3 The conditions to be met by the card referred to in paragraph 1 shall be laid down by the rules of our Ministers.
4 If no map is set as referred to in the first paragraph, only ground or dredging can be applied, which does not exceed the background values.
This Article shall not apply to the application of ground or dredging in a surface water body.
(1) If the quality of the soil to which the ground or dredging is applied complies with the background values or does not satisfy the soil function class or industry, then only the application of land or land shall be used for the purposes of soil or dredging. dredging specie allowed, the quality of which does not exceed the background values.
2 The first paragraph shall not apply to:
a. The application of land or dredging of land by natural persons other than in the exercise of occupation or business;
b. applying land or dredging within an agricultural holding, where the land or dredging comes from a parcel belonging to that farm and on which a similar crop is grown as on the parcel from which the land or land is grown; dredging specie applied;
c. The application of dredging, as intended Article 35 (f) and (i) ;
d. Apply dredging specie in a surface water body, as intended. Article 35 (g) .
1 By arrangement of Our Ministers, soil shall be graded in soil quality classes and maximum values shall be established for soil quality grades.
2 The competent authority may establish the soil quality classes referred to in the first paragraph on a map.
1 If the competent authority has not established the soil quality class on a map, the person intending to apply ground or dredging shall determine the soil quality class in accordance with the conditions laid down by the rules of our Ministers. It uses data that comes from a person or an institution that has a recognition.
2 The first paragraph shall not apply to:
a. Natural persons other than in the exercise of occupation or business;
(b) the person intending to apply land or dredging within an agricultural holding where the land or the dredging trade comes from an agricultural parcel of that farm where a similar crop is grown as on the parcel from which the farm is the ground or dredging shall be applied;
(c) the person intending to apply dredging, as intended Article 35 (f, g and i) .
3 The first paragraph shall not apply to the application of land or dredging as referred to in Article 3 (1) of this Regulation. Article 35, first paragraph, point (h) , with a duration of less than 6 months.
1 For the purpose of applying ground or dredging, for the purpose of Article 35 (a) to (e) , on or in the soil, with the exception of the soil or bank of a surface water body, the quality of the soil or dredging shall not exceed:
a. The maximum values for the soil function class reside or industry; and
b. The maximum values for the soil quality classes.
2 For the application of soil or dredging specie to the soil or bank of a surface water body, Article 35 (a) and (c) to (e) , and apply ground and dredging specie to the soil or in the soil as intended Article 35 (h) , the quality of the ground or dredging shall not exceed the values referred to in point (b) of the first paragraph.
3 Without prejudice to the second paragraph, when applied in a surface water body, the quality of the soil shall not exceed the maximum values for the soil function class industry.
1 In the case of application of dredging, Article 35 (f, g and i) , the quality of the dredging limit does not exceed the maximum values laid down by the Rules of Our Ministers.
2 For the purposes of application of the first paragraph, inherits and land separated by a road, footpath or other construction, or by a narrow ground, to receive the dredging specie from the water corridor, as to the water corridor adjacent to the water corridor. qualified.
Our Ministers are considering at least once every ten years to what extent the values, intended in the Articles 55, 1st paragraph , and 57, 1st Member , require revision and inform the States-General of their findings on this subject.
This paragraph does not apply to the application of land or dredging specie in the Dutch territorial sea.
1 An application of land or dredging specimens as intended Article 35 (a), (c) to (e) , in a layer thickness of a minimum of two metres and a minimum size of 5000 m 3 does not have to comply with the requirements laid down in Section 2, Section 1 and 2 , where appropriate, provided that:
a. The quality of the soil or dredging shall comply with:
(i) the maximum emission values to be established under the arrangements of Our Ministers; and
i. when applied to or in the soil, excluding the soil or bank of a surface water body, the maximum values for the soil function class industry, intended in Article 55, second paragraph ;
r. when applied in a surface water body, the maximum values for the soil function class industry, intended in Article 55, second paragraph , distinctly the intervention values; and
b. apply to the relevant ground or dredging specie a live layer or a layer of construction.
2 The quality of the land or of dredging shall not be assessed, by way of derogation from the provisions of paragraph 1 (a) (i), against the maximum emission values laid down in the cases to be determined by the rules of our Ministers.
3 The living layer, referred to in paragraph 1 (b), has a minimum thickness of half a metre. In the case of an arrangement of our Ministers, rules on the thickness of the living or low-building substances may be laid down on the basis of environmental considerations.
4 On the application of a living layer, the requirements are Section 2, Section 1 and 2 , the application of land or dredging shall be applied mutatis mutandis.
5 By way of derogation from the first paragraph, introductory phrase, applies to the applications referred to in paragraph 1. Article 35 (a) , a layer thickness of not less than half a metre, if:
(a) the construction or modification of roads, provincial and municipal roads and railways; and
b. By way of derogation from paragraph 1, by way of derogation from the first paragraph, a contiguous layer of construction materials shall be applied to the relevant ground or dredging specimen, with the exception of the corresponding bermen and taluds.
6 In the case referred to in paragraph 5, the quality of ground or dredging shall meet in the bermen or taluds of Rijkswegen, provincial roads or railways up to a physical partition with a maximum of 10 metres from the edge of the road. Hardening or the ballast bed, to the maximum values of the soil function class industry.
1 By arrangement of Our Ministers, the application of land or dredging may be used in accordance with the rules of the Article 63, first and fifth paragraphs , further rules are put in place to protect the quality of the surrounding soil, groundwater, or surface water bodies.
2 By arrangement of Our Ministers, rules relating to management measures for the purpose of maintaining the application, may be laid down. Article 63, first and fifth paragraphs .
1 The Building decision on soil and surface water protection shall be repealed, except that the repeal of parts of that Decision may be made at different times as to which time-limits are specified in the decision to enter into force in the decision on soil quality as intended for Article 83, first paragraph .
2 The Building decision on soil and surface water protection continues to apply to an application as referred to in Article 12, second paragraph, of the Temporary Incentive Scheme processing dredging .
1 The Soil management implementation quality decision is withdrawn, with the exception of Article 21 , except that in that Article for: Soil management implementation quality decision , is read: Decision soil quality.
2 Chapter 2 of this Decision shall not apply to:
a. An activity which, before the entry into force of the Soil management implementation quality decision is caught;
b. an activity carried out for the performance of a statutory task by or on behalf of a governing body; or
c. the detection and prosecution of criminal offences.
The duty applicable at the time of the entry into force of Article 65 continues to apply for the holding of construction materials, including soil and dredging, in a work, if the construction materials had been used in the relevant work for that time.
The Land Resistance Exemption Scheme shall continue to apply if, before the date of entry into force of this Decision for the area on which or where the land is used, a soil quality card has been established under Those rules , for the duration for which the Soil Quality Card applies, subject to a maximum of five years from the date of entry into force of this Decision.
The duty applicable at the time of the entry into force of Article 65 remains for party inspections, recognised quality declarations and other means of proof, which are Building decision on soil and surface water protection As from the date of entry into force, the issue was issued for the duration of the declaration concerned, but not more than three years after the entry into force of this Decision.
The duty applicable at the time of the entry into force of Article 65 remains applicable for a maximum period of three years after that date, if, before that date, a notification is made pursuant to Article 11, first paragraph , 18, second paragraph , or 21, second member, of the Building Decree Soil and surface water protection is done and within half a year after that time has started the application.
1 The right of duty as before the date of entry into force of the Article 65 remains valid, if, before that date, or no later than one and a half years after that time a permit has been granted under Article 8.1, 1st paragraph, of the Environmental Environment Act or Article 1 (1), first or third member, of the surface water pollution act , for the duration of the licence, but not more than three years after that date.
2 To the extent that a licence is authorised under Article 1 (1), first or third member, of the surface water pollution act relates to an act as referred to in Article 35 (g) , the relevant part of the licence expires.
3 By way of derogation from the second paragraph, the requirements of a licence in which distribution boxes are designated half a year from the date of entry into force of this Decision shall be deleted.
Within three years of the entry into force of this Decision, our Ministers shall send to the States-General a report on the effectiveness and effects of this Decision in practice.
This Decision shall be based on: Article 9.2.2.1 of the Environmental Protection Act .
This decision is referred to as: Order of soil quality.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 22 November 2007
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
The Secretary of State for Transport and Water,
J. C. Huizinga-Heringa
The Minister of Agriculture, Nature and Food Quality,
G. Verburg
Published the third December 2007The Minister of Justice,
E. M. H. Hirsch Ballin
| 1. Metal | CAS Numbers |
| Antimony (Sb) |
7440-36-0 |
| Arsenic (As) |
7440-38-2 |
| Barium (Ba) |
7440-39-3 |
| Beryllium (Be) |
7440-41-7 |
| Cadmium (Cd) |
7440-43-9 |
| Chromium (Cr) |
7440-47-3 |
| Cobalt (Co) |
7440-48-2 |
| Copper (Cu) |
7440-50-8 |
| Mercury (Hg) |
7439-97-6 |
| Lead (Pb) |
7439-92-1 |
| Molybdenum (Mo) |
7439-98-7 |
| Nickel (Ni) |
7440-02-0 |
| Seleen (Se) |
7782-49-2 |
| Tellurium (Te) |
13494-80-9 |
| Thallium (Tl) |
7440-28-0 |
| Tin (Sn) |
7440-31-5 |
| Vanadium (V) |
7440-62-2 |
| Silver (Ag) |
7440-22-4 |
| Zinc (Zn) |
7440-66-5 |
| 2. Other inorganic substances | |
| Bromide |
n/a |
| Chloride |
n/a |
| Cyanide (free) |
n/a |
| Cyanide Complex (ph < 5) |
n/a |
| Cyanide complex (ph ≥ 5) |
n/a |
| Fluoride |
n/a |
| Thiocyanates (sum) |
n/a |
| Sulphate |
n/a |
| 3. Aromatic substances | |
| Benzene |
71-43-2 |
| Ethylbenzene |
100-41-4 |
| Toluenes |
108-88-3 |
| Ortho-xylene |
95-47-6 |
| Meta-xylene |
108-38-3 |
| Para-xylene |
106-42-3 |
| Styrene |
100-42-5 |
| Phenol |
108-95-2 |
| Catechol |
120-80-9 |
| Resorcinol |
108-46-3 |
| Hydroquinone |
123-31-9 |
| Ortho-Cresol |
95-48-7 |
| Meta-cresol |
108-39-4 |
| Para-Cresol |
106-44-5 |
| Dodecylbenzene |
123-01-3 |
| 1,2,3-trimethylbenzene |
526-73-8 |
| 1,2,4-trimethylbenzene |
95-63-6 |
| 1,3,5-trimethylbenzene |
108-67-8 |
| 2-ethyltoluenes |
611-14-3 |
| 3-ethyltoluenes |
620-14-4 |
| 4-ethyltoluenes |
622-96-8 |
| Isopropyl benzene |
98-82-8 |
| Propyl benzene |
103-65-1 |
| 4. Polycyclic Aromatic Hydrocarbons (PAHs) | |
| Naphthalenes |
91-20-3 |
| Phenanthrene |
85-01-8 |
| Anthracan |
120-12-7 |
| Fluoranthone |
206-44-0 |
| Chrysene |
218-01-9 |
| Benzo (a) anthracone |
56-55-3 |
| Benzo (a) pyrene |
50-32-8 |
| Benzo (k) fluorantheen |
207-08-9 |
| Indeno (1,2,3cd) pyrene |
193-39-5 |
| Benzo (ghi) peryleen |
191-24-2 |
| Pyrene |
129-00-0 |
| Acenaphthene |
83-32-9 |
| Benzo (b) fluoranthene |
205-99-2 |
| Benzo (j) fluoranthene |
205-82-3 |
| Dibenz (a, h) anthracene |
53-70-3 |
| 9H-Fluorene |
86-73-7 |
| Acenaphene |
208-96-8 |
| 5. Chlorinated hydrocarbons | |
| A. (volatile) chlorine hydrocarbons | |
| Monochloroethylene |
75-01-4 |
| Dichloromethane |
75-09-2 |
| 1,1-dichloroethane |
75-34-3 |
| 1,2-dichloroethane |
107-06-2 |
| 1,1-dichloroethane |
75-35-4 |
| Cis-1,2-dichloroethane |
156-59-2 |
| Trans-1,2-dichloroethane |
156-60-5 |
| 1,1-dichloropropane |
78-99-9 |
| 1,2-dichloropropane |
78-87-5 |
| 1,3-dichloropropane |
142-28-9 |
| Trichloromethane |
67-66-3 |
| 1,1,1-trichloroethane |
71-55-6 |
| 1,1,2-trichloroethane |
79-00-5 |
| Trichloroethylene |
79-01-6 |
| Tetrachloromethane |
56-23-5 |
| Tetrachloroethylene |
127-18-4 |
| B. Chlorobenzene | |
| Monochlorobenzene |
108-90-7 |
| 1,2-dichlorobenzene |
95-50-1 |
| 1,3-dichlorobenzene |
541-73-1 |
| 1,4-dichlorobenzene |
106-46-7 |
| 1,2,3-trichlorobenzene |
87-61-6 |
| 1,2,4-trichlorobenzene |
120-82-1 |
| 1,3,5-trichlorobenzene |
108-70-3 |
| 1,2,3,4-tetrachlorobenzene |
634-66-2 |
| 1,2,3,5-tetrachlorobenzene |
634-90-2 |
| 1,2,4,5-tetrachlorobenzene |
95-94-3 |
| Pentachlorobenzene |
608-93-5 |
| Hexachlorobenzene |
118-74-1 |
| C. Chlorophenols | |
| 2-chlorophenol |
95-57-8 |
| 3-chlorophenol |
108-43-0 |
| 4-chlorophenol |
106-48-9 |
| 2,3-dichlorophenol |
576-24-9 |
| 2,4-dichlorophenol |
120-83-2 |
| 2,5-dichlorophenol |
583-78-8 |
| 2,6-dichlorophenol |
87-65-0 |
| 3,4-dichlorophenol |
95-77-2 |
| 3,5-dichlorophenol |
591-35-5 |
| 2,3,4-trichlorophenol |
15950-66-0 |
| 2,3,5-trichlorophenol |
933-78-8 |
| 2,3,6-Trichlorophenol |
933-75-5 |
| 2,4,5-trichlorophenol |
95-95-4 |
| 2,4,6-Trichlorophenol |
88-06-2 |
| 3,4,5-trichlorophenol |
609-19-8 |
| 2,3,4,5-tetrachlorophenol |
4901-51-3 |
| 2,3,4,6-tetrachlorophenol |
58-90-2 |
| 2,3,5,6-tetrachlorophenol |
935-95-5 |
| Pentachlorophenol |
87-86-5 |
| D. Polychlorinated Biphenyls (PCBs) | |
| PCB 28 |
7012-37-5 |
| PCB 52 |
35693-99-3 |
| PCB 101 |
37680-73-2 |
| PCB 118 |
31508-00-6 |
| PCB 138 |
35065-28-2 |
| PCB 153 |
35065-27-1 |
| PCB 180 |
35065-29-3 |
| E. Other chlorinated hydrocarbons | |
| 2-chloroaniline |
95-51-2 |
| 3-chloroaniline |
108-42-9 |
| 4-chloroaniline |
106-47-8 |
| 2,3-dichloroaniline |
608-27-5 |
| 2,4-dichloroaniline |
554-00-7 |
| 2,5-dichloroaniline |
95-82-9 |
| 2,6-dichloroaniline |
608-31-1 |
| 3,4-dichloroaniline |
95-76-1 |
| 3,5-dichloroaniline |
626-43-7 |
| 2,3,4-trichloroaniline |
634-67-3 |
| 2,3,5-trichloroaniline |
18487-39-3 |
| 2,4,5-trichloroaniline |
636-30-6 |
| 2,4,6-Trichloroaniline |
634-93-5 |
| 3,4,5-trichloroaniline |
634-91-3 |
| 2,3,4,5-tetrachloroaniline |
634-83-3 |
| 2,3,5,6-tetrachloroaniline |
3481-20-7 |
| Pentachloaniline |
527-20-8 |
| EOX |
n/a |
| 2,3,7,8-TCDD |
1746-01-6 |
| 1,2,3,7,8-PeCDD |
40321-76-4 |
| 1,2,3,6,7,8-HxCDD |
57653-85-7 |
| 1,2,3,7,8,9-HxCDD |
19408-74-3 |
| 1,2,3,4,7,8-HxCDD |
39227-28-6 |
| 1,2,3,4,6,7,8-HpCDD |
35822-46-9 |
| 1,2,3,4,6,7,8,9-OCDD |
3268-87-9 |
| 2,3,7,8-TCDF |
51207-31-9 |
| 1,2,3,7,8-PeCDF |
57117-41-6 |
| 2,3,4,7,8-PeCDF |
57117-31-4 |
| 1,2,3,6,7,8-HxCDF |
57117-44-9 |
| 1,2,3,7,8,9-HxCDF |
72918-21-9 |
| 1,2,3,4,7,8-HxCDF |
70648-26-9 |
| 2,3,4,6,7,8-HxCDF |
60851-34-5 |
| 1,2,3,4,6,7,8-HpCDF |
67562-39-4 |
| 1,2,3,4,7,8,9-HpCDF |
55673-89-7 |
| 1,2,3,4,6,7,8,9-OCDF |
39001-02-0 |
| α-Chloro-naphthalenes |
90-13-1 |
| β-Chloro-naphthalenes |
91-58-7 |
| C10-13-chloralkanes |
85535-84-8 |
| 6. Pesticides | |
| A. Organochlorine Pesticides | |
| Aldrin |
390-00-2 |
| Dieldrin |
60-57-1 |
| Endrin |
72-20-8 |
| Isodrin |
465-73-6 |
| Telodrin |
297-78-9 |
| Cis-chloordane |
5103-71-9 |
| Trans-chlordane |
5103-74-2 |
| 2,4-DDT |
789-02-6 |
| 4,4-DDT |
50-29-3 |
| 2,4-DDE |
3424-82-6 |
| 4,4-DDE |
72-55-9 |
| 2,4-DDD |
53-19-0 |
| 4,4-DDD |
72-54-8 |
| α-Endosulfan |
959-98-8 |
| Endosulfansulphate |
1031-07-8 |
| Endosulfan |
115-29-7 |
| α-HCH |
319-84-6 |
| β-HCH |
319-85-7 |
| γ-HCH |
58-89-9 |
| δ-HCH |
319-86-8 |
| ε-HCH |
6108-10-7 |
| Heptachlor |
76-44-8 |
| Cis-Heptachloorepoxide |
280044-83-9 |
| Trans-Heptachloorepoxide |
1024-5703 |
| Hexachlorobutadiene |
87-68-3 |
| B. Organophosphorous pesticides | |
| Azinphos-methyl |
86-50-0 |
| C. Organotin pesticides | |
| Tributyltin |
688-73-3 |
| Triphenyltin |
892-20-6 |
| Tributyltin cation |
36643-28-4 |
| D. Chlorophenoxy-acetic acid herbicides | |
| MCPA |
94-74-6 |
| E. Other pesticides | |
| Atrazine |
1912-24-9 |
| Carbaryl |
63-25-2 |
| Carbofuran |
1563-66-2 |
| Maneb |
1247-38-2 |
| 4-chloro-3-methylphenol |
59-50-7 |
| 4-chloro-2-methylphenol |
1570-64-5 |
| Propazine |
139-40-2 |
| Simazine |
122-34-9 |
| Terbutryn |
886-50-0 |
| Bromophos-ethyl |
4824-78-6 |
| Bromophos-methyl |
2104-96-3 |
| Chlorpyrifos-ethyl |
2921-88-2 |
| Dichlorvos |
62-73-7 |
| Disulfoton |
298-04-4 |
| Fenthion |
55-38-9 |
| Malathion |
121-75-5 |
| Parathion-ethyl |
56-38-2 |
| Parathion-methyl |
298-00-0 |
| Alachlor |
15972-60-8 |
| Chlorfenvinphos |
470-90-6 |
| Diuron |
330-54-1 |
| Isoproturon |
34123-59-6 |
| Trifluralin |
1582-09-8 |
| 7. Other parameters | |
| Acrylonitrile |
107-13-1 |
| Asbestos |
n/a |
| Butanol |
71-36-3 |
| Butyl acetate |
123-86-4 |
| Cyclohexanone |
108-94-1 |
| Diethylene glycol |
111-46-6 |
| Ethyl acetate |
141-78-6 |
| Ethylene glycol |
107-21-1 |
| Formaldehyde |
50-00-0 |
| Dimethyl phthalate |
131-11-3 |
| Diethyl phthalate |
84-66-2 |
| Di-isobutyl phthalate |
84-69-5 |
| Dibutyl phthalate |
84-74-2 |
| Butylbenzylphthalate |
85-68-7 |
| Dihexyl phthalate |
84-75-3 |
| Di (2-ethylhexyl) phthalate |
117-81-7 |
| Di-n-octyl phthalate |
117-84-0 |
| Isopropanol |
67-63-0 |
| Methanol |
67-56-1 |
| Methyl ethyl ketone |
78-93-3 |
| MTBE |
1634-04-4 |
| Mineral oil |
n/a |
| Branched and unprocessed alkanes consisting of at least 5 and up to 40 carbon atoms (1) |
n/a |
| Nutrients |
n/a |
| pH |
n/a |
| Pyridine |
110-86-1 |
| Reducing power |
n/a |
| Tetrahydrofuran |
109-99-9 |
| Tetrahydrothiophone |
110-01-0 |
| Tribromomethane |
75-25-2 |
| Floating dust |
n/a |
| Nonylphenols |
25154-52-3 |
| 4-para-nonylphenol |
104-40-5 |
| Octylphenols |
1806-26-4 |
| Para-tert-octylphenol |
140-66-9 |
(1) The branches and inaction alkanes can be neted as both individual dust and in different subsets in some parameters.
