Oosterweel connection – suspension of earth-moving conformity declarations
By judgment no. 253.523 of 19 April 2022, the Council of State ordered the suspension of the implementation of the declaration of conformity of 5 March 2022 of the Technical Report Infrastructure Works on the Left Bank, the declaration of conformity of 9 March 2022 of the Technical Report Oosterweel Connection Scheldt Tunnel and Linkeroever and two earth-moving permits in the Left Bank file for the removal of excavated soil within the site.
The applicants argue, inter alia, that the use of excavated soil containing between 3 and 47 µg/kg total PFAS as soil, further enriches the already contaminated groundwater.
The defense of the intervening and defending parties that this soil use in already contaminated groundwater cannot cause “additional” contamination through leaching cannot convince the Council of State in the current state of the proceedings.
The Council of State decides that this part of the plea alleging the violation of Article 164 Vlarebo is serious.
The applicants further argue, among other things, that the earthmoving permitted by the declarations of conformity conflicts with the waste regulations.
The Council of State has established that the intended storage of excavated soil materials containing between 47 and 1,000 µg/kg total PFAS cannot at first sight be regarded as an authorized use in accordance with Vlarebo and that the management of this waste as referred to in the Materials Decree, cannot be regulated in a technical report.
The Council of State decides that this part of the plea alleging the violation of Articles 180 and 186 Vlarebo is also serious.
The requesting parties provide evidence of the dire necessity by pointing to the serious health and environmental risks associated with PFAS, including PFOS, according to the studies and studies submitted.
Finally, the Council of State does not respond to RINK’s request not to order the suspension because it has not been demonstrated that its adverse effects on RINK and the public interest are manifestly disproportionately serious compared to the disadvantages to which the applicants are exposed. if the permitted use of the excavated soil materials is continued.
The party is just getting started.
I guess they’re going to stop the Oosterweel project…. and that is a Fiasco for Flanders.
The worse is that the Flemish Government has been complicit to this fiasco.