Flanders revises temporary PFAS rules following legal concerns
The Flemish government has adopted new temporary guidelines for the management of soil containing PFAS, following legal advice from the Council of State. These measures serve as an interim solution based on the latest scientific research, pending the adoption of a definitive legal framework.
The new guidelines replace a 2023 framework that was never brought into force. Earlier this year, the legal adviser to the Council of State recommended that the government annul this previous framework. It had caused concern within the construction sector, which feared significant delays to major infrastructure projects due to the need for re-analysis of technical reports and additional soil sampling. Since then, legal uncertainty has led to a reliance on outdated rules from 2022.
Several measures
To address these issues, Flemish Environment minister Jo Brouns(CD&V) has announced several measures. The 2023 framework will be formally withdrawn. A new circular will provide immediate temporary guidance using a phased and risk-based approach, enabling soil experts and contractors to assess which soil types can be moved where.
OVAM, the Flemish waste and soil agency, will also publish updated guidelines introducing revised threshold values for PFAS contamination. These values will be more lenient in industrial and residential zones, but stricter in natural areas.
Flemish Soil Decree
In addition, the government plans to structurally amend the Flemish Soil Decree in order to establish a legal basis for setting threshold values for persistent and widespread substances such as PFAS. This amendment is considered an essential step toward the development of a legally robust and practically workable long-term framework.
PFAS (per- and polyfluoroalkyl substances) are synthetic chemicals widely used in everyday products, including waterproof garments, cleaning agents, food packaging, and non-stick cookware. Although they do not occur naturally, they enter the environment through industrial activity and pollution. Their persistence and potential health risks have attracted growing regulatory attention.
#FlandersNewsService | Pictured are the earthworks near the 3M plant during the pilot installation for the effective purification of PFAS, on the Lantis construction site of the Oosterweelverbinding project. © BELGA PHOTO NICOLAS MAETERLINCK
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