The municipality of Helmond is struggling with serious PFAS pollution. Not only is the site around the Custom Powders company contaminated, but according to the Zembla research program, the company is also said to have illegally discharged PFAS into the sewer for years. In May last year, the municipal council demanded clarity and an investigation was launched. That investigation has now been completed, but many questions remain unanswered about how the pollution could continue for so long.
The research by Bureau Berenschot, an independent research agency, focused on the period from 1994 to 2025. The municipal council wanted to know, among other things, how the permits for the company were granted at the time. But according to the research agency, it is no longer possible to determine exactly how the applications were handled, what dilemmas were involved and what considerations were made. There appear to be ‘gaps in the archiving, which means that events cannot be properly reconstructed’. Furthermore, destroying documents was permitted by law at the time.
During that period there was also little knowledge about PFAS forever chemical which hardly breaks down in nature. The substance is used, among other things, in non-stick coatings of pans and in water-repellent clothing. “It was also technically much more difficult at that time to detect PFAS in the environment,” says Berenschot.
“The government is lagging behind.”
In 2001, Custom Powders received a new permit to discharge waste water from cleaning machines. It is no longer clear whether this permit also applied to process wastewater. In 2006, the company wanted to install a system to reduce emissions of PFOA, another substance from the PFAS family.
According to the Berenschot agency, the municipality and the environmental agency should have known at the time that this substance was harmful. Yet no research was done into possible pollution in the area. The agency could not find out why that did not happen.
In 2011, Custom Powders wanted to switch to GenX, a substance that is now also known to be harmful. According to Berenschot, it cannot be determined whether the company registered this substance, while this was mandatory according to the permit. The agency concludes that the government is structurally lagging behind the knowledge of the business community. “The government is lagging behind the facts, without being able to do anything immediately about it.”
“The inspections make a superficial impression.”
PFOA was only included on the European list of substances harmful to humans and the environment in 2013. Even after that, there was no investigation into possible contamination by Custom Powders. “It is unclear why this did not happen,” writes the Berenschot agency.
It is striking that Custom Powders was given the status of ‘type B establishment’ in the same year, which meant that a permit requirement was no longer required. The research agency was unable to determine how and why this change came about. “The inspections make a superficial impression,” Berenschot concludes. At the same time, the agency notes that Custom Powders was a relatively small company, so there was no immediate reason for in-depth investigation at the time.
“Lack of consistency and connection with the company.”
According to the investigation agency, Custom Powders regularly had a different inspector visit. As a result, the company’s rating changed every year. There was little consistency and insufficient connection with the file. There was also a lack of a clear picture of what exactly was processed at Custom Powders. At the same time, Berenschot doubts whether more in-depth inspections would have yielded much more at the time.
The company processed PFAS until 2018. That year, pollution in the environment also came to light. For years, Custom Powders allegedly emitted PFAS through the chimney and discharged it into the sewer, the Zembla research program concluded. The municipality and the water board reported the illegal discharges, but it is still unclear whether the Public Prosecution Service will prosecute.
Berenschot advises improving the quality and depth of inspections and working with clear guidelines. The agency also recommends that the municipal council be informed earlier and confidentially in crisis situations.
