The Minister relaxed the standard for PFAS effective November 29th. See the table below:
Compared to the situation at the time of our recent presentations for Bouwend Nederland – see the sheets elsewhere on our website – this represents a significant relaxation.
This isn't just due to the higher limit values, but also because this relaxation applies to most categories of soil and dredged material. For example, the previous 3-7-3-3 standard didn't apply to soil below groundwater level.
It is also important that the minister once again indicates that this temporarily relaxed standard is not absolute: deviations from it are possible at the local level.
The minister also reiterates that more is possible in this regard than is generally assumed.
These emphatic changes of direction from the minister therefore provide a tool to explicitly address local governments if they continue to assess permit applications (too) strictly at the local level. Moreover, they offer a tool to pressure local governments, through objections/appeals and possibly even by requesting a preliminary injunction through the court, to grant permits.
As indicated in our previous presentations/in the sheets, sufficient tools must be available for this: for example, appealing local background values or other locally relevant circumstances.
It may therefore be worthwhile, as the minister indicates, to carefully examine what is possible (doing nothing will not lead to a solution anyway).
If you are confronted with such circumstances or reluctant authorities (municipalities, water boards) and require legal advice, we are happy to assist you.
For PFAS: w.groustra@wintertaling.nl
For nitrogen: b.van.vliet@wintertaling.nl
