Soil materials (excavated soil, dredged materials)

Ministerial Decree establishing the Code of Good Practice for the Quality Test and for the Leaching Testunder the Temporary Actual Framework for the Use of PFAS-containing Soil Materials

In the aforementioned Decree of 7 July 2023, the Flemish Government established a temporary legalframework containing, inter alia, specific testing values and conditions for the use of PFAS-containing soilmaterials as soil or for soil-related use or in a form-resistant product in the context of earthmoving. Thatscheme also provides for a quality test and a leaching test to check whether the aforementioned test valuesand conditions are met. The quality test and the leaching test must be carried out in accordance with a code ofgood practice adopted by the Flemish Environment Minister on a proposal from the Flemish Waste Society.This Ministerial Decree establishes the code of good practice for the quality test and the leaching test.

For use as soil submerged under water or in water extraction areas and protection zones of type I, II and III ofPFAS-containing soil materials that comply with the free-use test values set out in the Decree of 7 July 2023, aquality test shall be carried out in accordance with the aforementioned Decree in order to ensure that the useof the soil materials in that application does not cause additional groundwater pollution. The same applies tothe use as structural land use or in a form-resistant product under water or in water catchment areas andprotection zones of type I, II and III. The Flemish Government’s Decree of 7 July 2023 also regulates the priorimplementation of a leaching test of the PFAS-containing soil materials that do not comply with the ‘free use’test values for the use as soil, as a structural land use or in a rigid product.