Apply for an accreditation as an expert in contaminated soil management

Summary

As an engineering office, do you have to carry out soil surveys in the context of an environmental permit or a single permit? Have you been asked to evaluate the state of pollution of some soil and to propose solutions to clean it up? Have you been commissioned to write a Soil Quality Report for the reusability of excavated soil? You must be certified as an expert in the management of polluted soils in order for your investigation results to have any official value.

 

PROFESSIONALS FOR THE SUSTAINABLE MANAGEMENT OF WALLOON SOILS

Rehabilitating polluted soils and finding a new use for them, preserving the state of the soil and preventing any new pollution: these are the objectives which Wallonia is aiming to achieve with the implementation of the Soil Decree.

In this context, specific skills are therefore required to:
 • identify any pollution
 • assess the impact of pollutants on soil quality and the environment
 • determine the consequences of pollution upon human health and safety
 • clean up a polluted site

By granting you the accreditation of expert in the management of polluted soils (or Soil Expert), the SPW ARNE (Agriculture, Environment and Natural Resources) recognises that you have the expertise and the necessary resources in order to accomplish your assignments in compliance with the law.

Accreditation is granted for an initial period of 3 years. Its renewal is not automatic. You must apply for a renewal. A renewed accreditation is valid for a maximum of 5 years.

 

HOW DO YOU APPLY FOR ACCREDITATION AS A "SOIL" EXPERT?

In order to apply for an accreditation as an expert in contaminated soil management, please fill in the form provided and attach the 16 required annexes (please see "Forms"). Please send your file by email to SPW ARNE according to the procedure described below.

 

 

Key points

Are you planning to collect samples of soil or groundwater for analysis in accordance with the requirements of the Soil Decree? Mention in your application for Soil Expert accreditation that you also wish to be recognised as a sampler:
      • Identify the persons who can perform the sampling under the terms of the expert accreditation (please see Annex 3)
      • please complete the required annexes (equipment and technical resources, insurance)

In detail

Target audience – details

Any individual or legal entity wishing to conduct:
 • soil surveys and/or sanitation projects in the framework of the Soil Decree
 • soil surveys in the context of an environmental permit or a single permit
 • Soil Quality Reports in the framework of the Walloon Government's "Excavated Soil" decree

Conditions

In order to apply for a Soil Surveyor expert accreditation, you must meet a list of conditions concerning:
      • your qualities as an expert candidate and your moral guarantees
      • guarantees of resources
      • the skills required
      • guarantees of impartiality

QUALIFICATIONS OF THE CANDIDATE AND MORAL GUARANTEES

As an applicant, you must:
      • have not been convicted of violating any regional, federal, environmental, social, fiscal, financial or similar legislation of any other Member State
      • be in order with regard to your social and fiscal obligations
      • have sufficient financial guarantees
      • have sufficient written skills in French or German

If you are applying as an individual you must also:
      • be a national of a Member State
      • not have been sentenced to a deprivation of civil and political rights which is still in effect

If you are applying on behalf of a legal entity, it must:
      • be incorporated in accordance with Belgian law or the law of another Member State
      • have its main administration or headquarters within the EU
      • or have its Head Office within the EU and have activities with a real and lasting link to the economy of an EU Member State
      • among its directors, managers or persons with the power to commit the company, have only persons who have not been sentenced to deprivation of their civil and political rights & have not been sentenced for a breach of any regional, federal environmental, social, fiscal and financial legislation or any other similar legislation of another Member State

 

GUARANTEES OF RESOURCES

      • Have either a human health risk analysis model or models for soil pollutants and either a groundwater risk analysis model or models recognised by the SPW ARNE, and either a qualified and experienced person or persons to apply the models and interpret the results
      • Determine a person under contract who is authorised to countersign any report, survey or project. This person will ensure:
                   *) the correct application of the rules in force within the framework of the activities related to accreditation
                   *) the correct implementation of the quality management system in the activities related to accreditation
      • Be audited and certified according to EN 9001:2015 or have a quality management system covering the services provided under the accreditation. It will include a quality assurance manual which describes:
                   *) the means implemented in order to achieve the objective of quality of the reports produced and their regulatory and administrative compliance
                   *) the means implemented in order to increase customer satisfaction including effective corrective measures to address the warnings, complaints and non-conformities addressed

 

SKILLS REQUIRED

      • Have at their disposal personally or contractually competent persons with the appropriate technical expertise in the fields of biology, soil science, chemistry, geology, hydrogeology and civil engineering on the basis of:
                   *) either a scientific degree at university level or equivalent, covering one or other of these subjects
                   *) or a higher scientific degree AND at least 3 years' experience in soil investigation and decontamination, acquired in the 6 years preceding the application for accreditation

      • The person authorised to countersign the reports and to guarantee the quality system must:
                   *) have a scientific degree at university level AND have at least 3 years' full professional experience in the various fields covered by       the accreditation acquired in the 6 years preceding the application for accreditation
                   *) have sufficient experience in the application of the Decree dated 1 March 2018 and the related technical and regulatory documents
                   *) have a good command of the French or German language
                   *) undertake to follow the continuous training modules organised by SPW ARNE with regard to the subject of the legislation and its developments and administrative practice, and to
participate actively in the relevant information or training sessions recognised by the SPW ARNE

 

GUARANTEES OF IMPARTIALITY

The applicant does not exercise, directly or indirectly, personally or through a third person or legal entity, a function of management or direction of a company active in:
      • the production, quality control or land management
      • the performance of acts and works involving decontamination

 

 

Benefits

During the period of validity for your accreditation, you will be included in the official list of experts in contaminated soil management. This list is public and accessible to all.

Procedure

1. FILE CONTAINING THE APPLICATION FOR ACCREDITATION

In order to apply for a Soil Expert accreditation, or to apply for the renewal of a current accreditation, please complete, date and sign the form available to you in the "Forms" section. You must attach to it the annexes which concern you below.

The basic file to be compiled will include:

      • a copy of the extract proving your registration with the national trade and companies register
      • the "Experience/qualifications" table (please see template in Annex 3) completed, dated and signed by all the people in your organisation who fall within the scope of the accreditation
      • an exhaustive statement of the equipment and technical, computer and human resources which you have at your disposal, in order to ensure that all assignments are covered by the accreditation
     • a commitment from your organisation and the insurance company to take out, within one month of notification of the accreditation, professional and operational liability insurance covering all the activities covered by the accreditation (or proof of insurance already in place)
      • a copy of the valid ISO 9001:2015 certificate covering the services provided under the accreditation; in the absence of such a certificate, a copy of the quality assurance manual as described in the Guarantees of Resources section of our Conditions.

      • For each person authorised to countersign reports and studies:
                    o a curriculum vitae detailing the degrees and experience acquired over the last 3 to 6 years
                    o a copy of the degrees
                    o a copy of the employment contract linking him/her to your organisation (or a certificate stating the contractual relationship established between the accreditation holder and the person authorised, countersigned by both parties)
                    o a dated and signed declaration of honour (please see the model in Annex 12)

      • For each person qualified to use and interpret the risk analysis model(s):
                    o a curriculum vitae
                    o a note demonstrating experience in the use of the risk assessment model(s)
                    a dated and signed declaration of honour (please see the model in Annex 11)

      • For each person competent in the field of decontamination techniques and monitoring of decontamination works:
                    o a curriculum vitae detailing their degrees and experience in the field of decontamination techniques and monitoring of decontamination works acquired over the last 3 to 6 years
                    o a dated and signed declaration of honour (please see the model in Annex 11)

If you are applying for accreditation as a legal entity, you must also provide:
      • a copy of the publication of your statutes
      • the relevant declarations of honour, dated and signed (please see the models in Annex 9)

If you are applying as a natural person, you must also provide the required declaration of honour, dated and signed (please see the model in Annex 10).

  

WHAT HAPPENS WITH A REQUEST FOR RENEWAL OF A CURRENT ACCREDITATION?

 

CASE 1: Your accreditation was issued under the Decree dated the 6 December 2018 AND no changes have occurred since the last update

Prepare a simplified application package including: 
      • the completed, dated and signed accreditation application form (please see "Forms")
      • a declaration of honour attesting that you satisfy the conditions for accreditation
      • a declaration of honour by which you commit yourself to respect the rules to be respected during the accreditation process
      • a commitment from your organisation and the insurance company to take out, within one month of notification of the accreditation, professional and operational liability insurance covering all the activities covered by the accreditation (or proof of insurance already in place)
      • an updated compliance report demonstrating that you have taken the appropriate corrective actions in response to complaints, non-compliances and warnings received from the administration (according to the template in Annex 17)

 

CASE 2: Your accreditation was issued under the Decree dated the 6 December 2018 AND some elements of your accreditation have changed since it was last updated

OR your accreditation was issued in accordance with legislation prior to the Decree dated the 6 December 2018

The application for accreditation renewal must include:
      • the completed, dated and signed accreditation application form (please see "Forms")
      • The basic file detailed above
       • An updated compliance report (please see template in Annex 17).

 

2. SUBMISSION OF YOUR APPLICATION FOR ACCREDITATION

The completed application form should be sent by email to expert.sol@spw.wallonie.be

Specify in the subject line of your message "Expert accreditation request - Company name".

If you want an acknowledgement of receipt for the file, please indicate this.

 

IN CASE OF RENEWAL OF YOUR ACCREDITATION: be prepared as your application for renewal must be received by the administration at least 120 days before the end of the current accreditation.

 

3. PROCESSING YOUR APPLICATION

The SPW ARNE will check that your file is complete and admissible. It will inform you of the results of this operation within 30 days after receiving your request.

 

Is your application considered incomplete?

You will have 30 days from the date of notification by SPW ARNE to provide the missing information by email to the address indicated in point 2.

The administration will analyse the additions and decide whether the application is complete and admissible.

 

Is your application considered incomplete once more?

Your application will be considered inadmissible by the administration. The latter will notify you of its decision within 30 days after receiving the additional information.

 

Have you submitted your application to the administration in accordance with the procedure, but have not received a decision from SPW ARNE within the above-mentioned time frame?

According to the legislation in force, your application will, in this case, be considered admissible and the processing of your file will continue.

 

WHAT HAPPENS WITH A REQUEST FOR RENEWAL?

In the event that you have submitted a simplified file:
      • the administration will have 60 days to decide upon your request
      • if the application file is deemed incomplete, you will have 60 days from the date of the request for additional information to send the missing elements to the administration. After this period, your application will be considered to be rejected and you will have to submit a new application for renewal as described in case no. 2 above.

 

4. GRANTING or REFUSING ACCREDITATION

The SPW ARNE will grant you the accreditation as a soil expert or not. This decision will be sent to you within 60 days, that means:

      • the date of sending the decision with regard to the admissibility of your application file
      • the day after the deadline for the administration to send you its admissibility decision

In the absence of any such notification, the accreditation will be considered to have been refused.

 

5. APPEAL

Are you not satisfied with the decision of the administration? You can lodge an appeal with the Minister for the Environment.

 

When? Within the 20 days after:

      • either the date of receipt of the decision regarding the granting of the accreditation
      • or on the expiry date of the period during which the decision should have been taken

 

How?

In order to be considered admissible, your request for an appeal must be accompanied by the proof of a payment of an application fee of €50.

Make a transfer of the requested amount to the following account:
Number: BE76 0912 1502 6595
In the name of : SPW - DGO3 - GESOL
With, in the communication: "legal name of the applicant - appeal accreditation decision

Send your appeal and proof of payment of the application fee by registered mail to:
SPW ARNE - Soil and Waste Department
For the attention of Ms Joëlle BASTIN, Inspector General
Avenue Prince de Liège, 15
5100 Jambes

 

Would you like to be heard during this appeal?

Make this clear in your application. The administration must give you a date and place for the hearing within 15 days of receiving your request. After the hearing, you will receive the Minister's decision within 50 days after receiving your appeal.

 

Did you not ask to be heard during this appeal?

You will receive the Minister's decision regarding your case within 30 days of receiving your appeal.

 

If you are not notified of a decision within the above-mentioned time frame, your appeal will be considered as rejected.

Contacts

Services

Do you have any questions about the Soil Expert accreditation? Contact the Soil Protection Directorate:
Updated on
Process n° : 145961
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