The municipality of Zundert, the Brabantse Delta water board and the province of Brabant are disappointed in the Council of State. They will make this known on request in a joint response to a ruling by the highest court of the Netherlands.
On Wednesday, the Council of State ruled in favor of the relatives of the owner of a piece of land in Rijsbergen contaminated with drug waste. They do not have to pay for the remediation costs. “Acting against the environmental damage caused by drug discharges is thus faced with major challenges,” said mayor Joyce Vermue of the municipality of Zundert, which includes Rijsbergen.
‘Land owner responsible’
The contamination was discovered more than three years ago on a plot on Pater Taksweg in Rijsbergen. The mayor and aldermen held the owner of the pasture responsible for the dumping of the drug waste. It is one of the largest drug spills in the province.
According to the Council of State, B and W have ‘not made plausible’ that the discharge of pollutants was due to Francken, who died last year at the age of 91.
Vermue does not comment substantively on this. Partly on behalf of the water board and the province, she does speak of a ‘clear and clear’ agreement. “And that we do everything we can in situations like this to recover the costs of the consequences of discharges as much as possible from the perpetrators and those who are liable for this. The fact remains that illegal drug discharge can lead to major environmental damage and social costs. “
‘Francken had no duty of care’
The mayor of Zundert also states that the ruling does not make it easy for governments to show who is behind a drug dumping. Vermue: “This goes beyond addressing a duty of care.” The municipality is of the opinion that Francken, despite his age and fragile health, was obliged to prevent or tackle the discharge. The Council of State disagrees.
The province says that the remediation of the plot on Pater Taksweg can start after the summer. A spokesperson: “Extensive research has already been done into the nature and extent of the pollution. We are now drawing up a plan of action with which we will achieve the desired end situation.”
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Large drug dump: relatives of Toon Francken (91) do not have to pay