NETHERLANDS Law and Practice Contributed by: Guido Koop, Jan de Heer and Nanne Kusters, Loyens & Loeff
14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs PCBs The use of polychlorinated biphenyls (PCBs) has been prohibited in the Netherlands since 1985. As PCBs were used prior to that date, these may from time to time still be found in the soil and groundwater at industrial locations with a long industrial history or in (very) old machines. Generally, remediation is required in respect of PCBs, although such remediation may, depending on the circumstances of the case, take place at a later moment in time. Please also be referred to 12.1 Key Laws Governing Contaminated Land . Asbestos The use of asbestos-containing materials (ACMs) for construction activities has been banned in the Neth- erlands since 1993. Due to the fact that ACMs were frequently used prior to that date, asbestos is still commonly present in buildings in the Netherlands, especially buildings that were constructed in the 1960s and 1970s. In relation to this ban, the regula- tory framework is very much geared towards advanc- ing human health aspects and protecting the general public from the risks associated with ACMs. However, under Dutch law, there is no obligation to actively remove ACMs that are present in a building, provided that the presence of such ACMs does not entail health and safety risks for the users of the rel - evant building or for the public in general. The removal of ACMs will be required in the event of the demolition or (partial) refurbishment of a building containing ACMs. In addition, the removal of asbestos might be required pursuant to the EPA, as noted in 12.1 Key Laws Gov- erning Contaminated Land . In such an event, the Environmental Buildings Decree stipulates strict rules and conditions for such remediation works, including an obligation to carry out an asbestos investigation prior to the envisaged demolition works. Depending on the amount and type of ACMs found (friable/non- friable), removal might only be allowed by engaging
a certified asbestos abatement firm. A register is in place that lists all certified asbestos abatement firms. Additionally, the production, import, possession or dis- posal of ACMs has been prohibited under the Asbes- tos (Product) Decree ( Productenbesluit Asbest ), which also provides labelling and packaging requirements for products that are allowed to contain asbestos. Furthermore, strict rules for worker protection have been laid down in the Working Conditions Decree ( Arbeidsomstandighedenbesluit ), which also applies to the prevention of asbestos-related incidents. The supervision and enforcement of asbestos-relat- ed regulations falls within the authority of either the Human Environment and Transport Inspectorate or the NLA in the event of worker-related potential asbestos contaminations. Non-compliance with the above-mentioned rules and regulations is subject to administrative enforcement measures, as well as penalty fines. Criminal prosecution is also possible for wilful violations resulting in, for example, the death of an employee. In civil law cases, the statute of limitations is extended to 30 years after a claimant was exposed to ACMs. 15. Waste 15.1 Key Laws and Regulatory Controls Waste legislation is based on the implementation of the European Waste Framework Directive (2008/98/ EG), which is (and will continue to be) incorporated in the EMA and elaborated in the national waste man- agement plan. This regulatory framework defines when a product is qualified as waste – ie, “any sub- stance or object which the holder discards or intends or is required to discard”. Furthermore, this framework set outs registration and permitting requirements. 15.2 Retention of Environmental Liability The operator of a site or facility that disposes of waste (the producer or importer) has to comply with admin- istrative obligations. The operator of the site or facility needs to specify the following:
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