Soil pollution study in Brussels

Carry out a soil study in Brussels

The sale of land in the Brussels region or the application for an environmental or urban planning permit may involve conducting a soil study (called “soil condition recognition”) if it hosts, or has hosted in the past, an activity presenting a risk of soil contamination. What does that mean?

It may be requested to conduct a soil survey relating to land located in the Brussels region in several cases: in particular when selling land, when an application for an environmental permit relating to a potentially polluting activity is submitted, as part of an application for an urban planning permit relating to a potentially polluted land, or even when the exploitation of a risky activity is stopped, such as an oil tank for example.

“The triggers that can give rise to a soil study are diverse and varied” explains Joëlle Pourtois, a partner at ABV Development, a design office specialized in the environmental sector, certified expert in Soil Pollution/Soil Management in the Brussels-Capital Region. “Everyone is concerned, especially as a legal person, as soon as a project concerns potentially polluted land.”

In what specific cases should a soil pollution study be conducted?

One of the first steps, for any project concerning land located in the Brussels-Capital Region, is to check whether the cadastral parcel in question is included in the soil condition inventory and to obtain a “soil certificate” from the Brussels-Environment administration.

“As part of a sale, if the land is not included in this inventory, it can take place without requiring a soil study” pursues Joëlle Pourtois. “If the parcel is included, the procedure will depend on the category in which it is listed.”

The five categories of polluted land in the Brussels region

The inventory has five categories:

• Category 0: The land hosts or has hosted a polluting activity. The soil is potentially contaminated, but no soil study has not yet been conducted.
• Category 1: A soil study was carried out on this land and concludedabsence of pollution.
• Category 2: A soil study was conducted. She concluded that there was slight pollution, by posing No risk.
• Category 3: A soil study was conducted and revealed a pollution without risk.
• Category 4: A soil study has been carried out or is in progress. Soil pollution is present, but there is no not yet determined whether it presents a risk, or else this pollution has not yet been treated.

When should a soil study be carried out in Brussels?

“A soil study is required if the land is in category zero. The land is in category zero if a risky activity is, or has been, carried out there, and no study has yet been carried out; or if, between the last study and today, the land has continued to host a potentially polluting activity for more than a year” Commenting Joëlle Pourtois. “It should be noted that the sale of land listed in category 4 is possible provided that a financial guarantee is put in place to cover the price of the studies to be carried out and the possible sanitation to be carried out.”

How is a soil pollution study carried out in Brussels?

Each soil study carried out in Brussels-Capital Region must meet a set of elements defined by the administration Brussels Environment.

The first study, called” Recognition of the condition of the ground ” includes: the historical study of the land (and its geological context), the establishment of a plan for the location of risky activities, the definition of a strategy, and the conduct of drilling in order to conduct soil and groundwater analyses.

“Boreholes allow soil samples to be taken up to 2 meters below the base of the suspicious activity” explains Joëlle Pourtois. “If it is groundwater, a piezometer will be installed in the well to be able to collect it. The samples are then analyzed by an approved laboratory. We can then compare the concentrations present in the soil with the standards in force, in order to define whether there is pollution.”

The report of ground condition recognition must be approved by the Administration, which has 30 days to do it.

Read also — What are the key elements of a soil pollution study.

The three types of pollution in the Brussels region

In Brussels, there are three types of pollution:

• We are talking about pollution.” unique ” when it can be determined who is responsible for the contamination of the soil Is the current owner or operator from the ground (or, if the pollution dates from after 2005, by another clearly identified person).
• We are talking about pollution.” mixed ”, when a pollution” unique ” was also partially generated by one or more other managers (in proportions that are not distinctly identifiable).
• We are talking about pollution.” Orphan ” in all other cases. These are mainly pollution for which we do not know who is responsible (pollution often described as “historical”).

Detailed study of soil pollution and risk study

“If pollution is detected, a “detailed study” is then carried out to delineate the contamination” explains Joëlle Pourtois. “To do this, a series of additional drilling is carried out to determine the area and depth of the pollution.”

The detailed study report must also be approved by the administration (also in 30 days).

Sanitation: what is the owner of polluted land required to do?

If the soil study reveals pollution, the owner will be required to take a set of measures, which varies according to the type of pollution.

“If it is a question of a “single” pollution, the polluter pays principle will be applied: the land will normally have to be cleaned up completely” appends The partner at ABV Development. “In this perspective, a “sanitation project” should be established, making it possible in particular to determine the best sanitation technique.”

If it is an “orphan” pollution, we consider that the owner of the land is “innocent” and the legislation is therefore less severe: it is only necessary to manage the risk posed by this pollution, without necessarily cleaning up all the pollution.

In this case, it is therefore necessary to first carry out a “risk study”. The risks will not be the same if the land is intended to accommodate an industrial activity, housing or even a nursery. If the risk study concludes that pollution poses a risk to the health of users, or a risk of dispersing beyond the boundaries of the land, a “risk management project” should then be established to determine what will be the most appropriate measures to take to manage this risk.

If it is a “mixed” pollution, it is the age of the pollution that will be decisive. If it mainly dates from before 1993, we can limit ourselves to risk management. Otherwise, sanitation will be required.”

After the approval of the sanitation project or the risk management project by the administration (in 3 to 5 months), work can begin. They will also be supervised by the expert, who will perform a final assessment report at the end of the work.

Are there expedited procedures?

There are therefore several studies to be carried out in succession (recognition, detailed study, risk study, sanitation or risk management project, final evaluation). Each of these studies requires a period of approval by the administration. Treatment work can also take time. The whole procedure can therefore take months or even years.

So there are expedited procedures applicable in certain cases:

• ” Minimal treatment ” during the reconnaissance: A very small amount of soil pollution can be excavated directly as part of the first study
• ” Embankment pollution ”: a large part of Brussels has historically been backfilled with land that is slightly polluted (in heavy metals,...): A “simplified” risk study will be carried out as part of the first study
• ” Limited-time treatment ”: when the work can be carried out in less than 6 months, it will be possible to carry out it without going through a sanitation project

Are there grants to finance studies and work?

In the case of orphan pollution, subsidies exist to cover the costs of studies and works, in order to help “innocent” owners.

There are also specific funds, such as the PROMAZ, for pollution caused by heating oil tanks.