The aftercare funds is to guarantee enough funding for the aftercare of closed landfills. This is to control and reduce risks for society and the environment.
Aftercare for a closed landfill, article 13 Council directive 1999/31/EC on the landfill of waste is to ensure that environmental and human risks are limited and controlled. In paragraph (c) the operator is held responsible for the aftercare and its costs. But what if the operator goes bankrupt?The aftercare fund, which is a legal obligation for all Dutch landfills after 1996, is where Dutch legislation goes further than the EC Directive.
Aftercare is laid down in the Environmental Management Act. Chapter 8 technical measures and chapter 15 financial measures. After closure a final inspection has been carried out by the competent authority showing that all the requirements associated with the environmental permit for the establishment have been met and that no other measures pursuant to the Soil Protection Act must be taken by the operator in the case of contamination or degradation of the soil under the landfill.
Art. 8.49 describes the measures to be taken and the obligation for an aftercare plan with Decision of the Authority and (Art. 8.50) the Provincial Executive is the authority for aftercare. The Provincial Executive set a fee for aftercare. This includes interest and investments in a Provincial owned fund. After closure, a check is complied with license obligations if the special-purpose assets are reached. A settlement by additional Provincial levy Decision on aftercare plan can be put down. Unforeseen circumstances after the Decision are for cost of Province.

Resources needed

This good practice describes the juridical framework within the Dutch Environmental Management Act for financial funding (Chapter 15) including technical measures (Chapter 8) for aftercare of a closed landfill.

Evidence of success

The aftercare fund is built during the time the landfill is in operation. The fund is managed and controlled by the competent authority (Province). After closure of the landfill the competent authority takes a decision about both the technical measures and the financing of them. From this moment on the province is responsible for the aftercare and there is no limitation in years.
The aftercare fund protects society for environmental and financial risks in case of a bankruptcy of the operator.

Difficulties encountered

The aftercare fund is a continuous process of negotiations between provinces and operators. As the province is the competent authority there are differences per province. Operators plea for uniformity this leads to an even playing field and reduce financial risks for landfill operators.

Potential for learning or transfer

Aftercare for a closed landfill, article 13 Council directive 1999/31/EC is to ensure that environmental and human risks are limited and controlled. In paragraph (c) the operator is held responsible for the aftercare and its costs. If the operator goes bankrupt, society (tax-payers) pays for the costs of aftercare.
The aftercare fund is built during the time the landfill is in operation. The fund is managed and controlled by the competent authority (Province). After closure of the landfill the competent authority takes a decision about both the technical measures and the financing of them. From this moment on the province is responsible for the aftercare and there is no limitation in years.
The aftercare fund protects society for environmental and financial risks in case of a bankruptcy of the landfill operator.
COCOON partners from Flanders and Brandenburg acknowledge that this would also be a good concept in their region, however bringing it into legislation will not be evident.

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Project
Main institution
Rijkswaterstaat
Location
Zuid-Holland,
Start Date
April 1998
End Date
Ongoing

Contact

Jan Frank Mars Please login to contact the author.

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