Administrative Questions 2022

Cassation (2)

What legal question was decisive for you to file cassation? And is there a document showing this? We see no fundamental question of law in the interests of legal unity or legal development in the grounds of cassation that you put forward. In its interlocutory judgment of July 26, 2022, the Amsterdam Court of Appeal suggested that the parties consider settling these proceedings amicably as yet. Are you willing to do so? (Peter Vonk and Chris Streefkerk, November 24, 2022)

Visput Andijk (2)

Do you agree with us that HHNK could have been more diligent in fulfilling its commitment to contact the fish association? The association itself has commissioned research into the cause of the fish deaths. Does HHNK share the conclusions of the fish lab in Wageningen and the lab of ATI Aquaristik about the water quality in the surrounding ditches and what are we doing to improve it? (Frank Frowijn, November 7, 2022)

Amsterdam Court of Appeal ruling on salt damage at flower bulb nursery

As a result of salt damage at a flower bulb farm in Zijpe, there have been court cases. The Court of Appeal ordered HHNK and the municipality of Schagen to pay approximately €300,000. Has HHNK appealed? How and when is the General Board informed of such rulings? How and when will this be reflected in financial documents, and does this fit within the ground rules of the budget management framework note? (Leo Dickhoff, October 10, 2022)

Water extraction wells

When there is drought, farmers irrigate their land with surface water or groundwater. In the latter case, they extract (clean) groundwater from the deeper layers. But do they also pump it back in and do they also retain excess water to the maximum extent? Why is also the return of temporary surpluses not widely promoted? Could this be promising and how can it be enticed? HHNK is the competent authority for groundwater withdrawals for irrigation. How does HHNK fulfill this task and how are licensed/reported abstractions monitored? (Peter Vonk, October 9, 2022)

Cassation

Why did HHNK appeal in cassation to the Supreme Court against the judgment of the Amsterdam Court of Appeal of June 15, 2021 (concerning De Boer HHNK)? What are the costs? Who decided to do this? Are more disputes to be expected? How often has HHNK been a plaintiff in cassation in the past five years? Are there any cases currently on appeal at the Amsterdam Court of Appeal? How many cases are currently pending before the District Court? Is a framework of standards for appeals and cassation desirable? Should cassation not require General Board approval? (Peter Vonk and Chris Streefkerk, September 27, 2022)

Gas reduction SDI

From the goals and measures in the Climate and Energy Program, have you previously investigated gas reduction and/or closure of the SDI? As far as you are concerned, are there only financial considerations in the choices around gas reduction at the SDI? Why was gas reduction not looked at earlier from a financial perspective? Did the problems in Groningen and the war in Ukraine not give reason to look (urgently) at possibilities for gas reduction at the SDI? Why or why not? Can you share the research on the 15% gas reduction with the CHI? If not, why not? (Eva Tannehill, Sept. 20, 2022)

Visput Andijk

Fish death has occurred in the Visput in Andijk. Is the Visput connected to HHNK water? Has the fish association used antibiotics? And did personnel of HHNK visit the Visput? (The association disputes these three points.) How is the water quality in the surrounding ditches? Has HHNK recently mowed these ditches? Has this reduced the possibility that these ditches could contribute to remedying fish mortality? Could the problem in the Fish Well have moved to the surrounding ditches by now? How is the commitment being honored that HHNK will work with the Association to look at a solution to fish mortality? (Frank Frowijn, September 20, 2022)

Guaranteed seats

What is the Union of Water Boards' assessment of the planning and follow-up process regarding the guaranteed seats? Has the bill been introduced as of the upcoming elections? What is the outcome of the conversation between Delegate Loggen and the three dike reeves of the North Holland water boards about the delegation of the category Ongebouwd? How can HHNK and the province ensure that in the allocation of seats for the categories Ongebouwd and Natural Areas, recruitment is done from the entire breadth of the constituency? (Luuk Zaal, Sept. 14, 2022)

Use private email addresses

On our website, two members of the Executive Board are listed only as private e-mail addresses. Do you agree with us that this is undesirable given the laws and regulations? Will you ensure that all correspondence sent via private e-mail addresses is archived in accordance with the rules? (Arnold Langeveld, Sept. 10, 2022)

Flags and banners on property HHNK

Has HHNK given permission for the hanging of protest flags and banners? Is HHNK - following the lead of the state, provinces and municipalities - taking action to remove protest flags and banners on HHNK properties? If so, when? If no, why not? What risk does HHNK run if no action is taken? (Franke Hoekstra, Sept. 7, 2022)

Kunstduin Tata Steel IJmuiden BV

Tata Steel IJmuiden B.V. wants to raise an artificial dune with a core of steel slag. In the steel slag, the highly toxic chromium-6 can also be found. Our group finds this alarming. The Omgevingsdienst Noord-Holland Noord has issued a permit under the Nature Conservation Act. Are you familiar with this? Has HHNK been asked for its advice? Has HHNK submitted an opinion on the draft permit? If not, why not? Is the protection of ground and surface water from chromium-6 a reason for you to object to the permit? (PvdA group, July 29, 2022)

Contaminated ditch water Polder De Drieban

Last year we asked questions about polluted ditch water in polder De Drieban in Hem. Is it true that certain exceedances over the past year show no improvement? And can you explain this? Are farmers and/or growers in this area using the Agricultural Portal? If so, in what ways? What can you say about the effect? Given the stagnant development, would you like to strongly bring the issue to the attention of the State, Province and the industry? Or do you have other ideas to turn the tide? (Luuk Zaal on behalf of WN, AWP, NT and PvdA, July 18, 2022)

Emissions of toxic substances from biogas plants

In Trouw we read the article 'Water boards emit toxic substances with 'green' biogas plants'. Is this also the case at HHNK, or not? And if so, what are we going to do about this and how serious is it? (Peter Vonk, May 24, 2022)

Closure of car traffic Wheredijk

The bike/moped path across Wheredijk is closed to cars. Was this decision made after an adequate participation process? What did that look like? Have you made residents aware of the legal options that can be followed to challenge this decision? The consideration was made on formal legal grounds, but here factual common law should have been conclusive. Have you made every effort to find practical solutions, such as a one-way closure (dead end) with turning loops? Do you consider the decision taken just and proportionate (ends and means)? (Peter Vonk, May 18, 2022)

Traffic situation Schardam

What measures has HHNK taken in recent years to improve traffic safety on the dike in Schardam? What speed-limiting measures are possible and are you prepared to implement them in the foreseeable future? Are you prepared to find tailor-made solutions to the undesirable and unsafe traffic situations by means of trial arrangements? 

HHNK also owns the Burgerwoudweg road outside the dike in Schardam. A small elevation of this road could prevent much of the water nuisance for the adjacent campsite. Are you willing to do this? (Luuk Zaal, Piet Oudega and Franke Hoekstra, May 1, 2022)

Fishing lead

Waterschap AGV recently attached additional Requirements to the lease of fishing rights to sport fishing. Are these rules - prohibition of fishing with lead, no fishing near fish migration facilities, release of fish only with written permission - also part of the fish policy of HHNK? Will they be included in the relevant regulation and the next revision of the fish lease? Will you also encourage other water managers to adopt these rules? The Green Deal 'Lead-free Sportfishing' stipulates that the sport fishery must have stopped using lead by 2027. What is the state of affairs? When is the next review of fishing leases (Franke Hoekstra, April 22, 2022)?

Building on the dike in Den Helder

Will it be allowed to build on the dike in Den Helder after it is raised and widened? The developer indicates that HHNK is behind these plans. Will HHNK cooperate in realizing housing on a 1st category seawall? Will there be a CHI proposal? (Jacob Avis, April 21, 2022)

Damage to property Nieuwlandersingel Alkmaar (2)

On what do you base your assertion that the municipality of Alkmaar has not backed the residents? Are you of the opinion that HHNK should not rally behind the residents? What do you mean by: "The image is harmed if unlawful tax money would be spent"? Is your statement in the Alkmaarsche Courant about "increased and heavier traffic thundering by" based on research? Can you indicate when and how dredging activities by the municipality of Alkmaar caused damage? In your opinion, is this damage recoverable? When HHNK took over the dredging obligation, did it also take over responsibility for damage caused in the past? Can the members of the CHI inspect the file? (Arnold Langeveld, April 17, 2022)

Leasehold policy and animal welfare

To what extent does HHNK take convicted neglecters and abusers of animals into account in its leasing policy? Are there provisions in our leasing policy to (be able to) exclude this type of (potential) tenant? Have we received any reports of potential animal abuse and/or neglect by leaseholders in recent years? If so: how has this been responded to? (Luuk Zaal, April 15, 2022)

Texel dunes

Does the high lookout dune near the TESO harbor meet water safety standards? Are the breakwaters along the North Sea beach included in the assessment? If not: why not? In the dunes of Texel, which are managed by Staatsbosbeheer, more and more active shifting is allowed. Is this also allowed in the water-retaining dune zone? How high is the first row of dunes between posts 9 and 12? What is the target height? Wouldn't it be better to hold the sand more on the beach or against the dune row? (Arie Lap, April 6, 2022)

Energy costs (2)

Theoretically, a business case is conceivable in which the power generated is converted locally into hydrogen that can be stored for use at other locations at another time. Has such a business case been considered? And has it been specifically calculated whether it is feasible at this time? Has a business case already been looked at from when all our solar parks are operational? (Ton Hertogh, April 1, 2022)

Enforcement HHNK during crises

In times of crisis the government, in this case HHNK, has a regulating and enforcing role. Some direction is needed, and not every citizen can just go about their own business, for example, with their own pumps during flooding. Does HHNK have enough enforcement capacity and authority in this context? Or do we have to fall back on the police or municipal boa's in case of 'civil disobedience' or 'self-willed behavior'? (Peter Vonk, March 24, 2022)

Traffic situation Galggouw Broek in Waterland

Are you familiar with the current traffic situation on the Galggouw? Are you prepared, because of the many different (vulnerable) road users, the high traffic pressure and the narrow width of the road, to reduce the speed limit to 30 km/h and/or to take other speed reducing measures? And on what timescale? (Luuk Zaal, March 17, 2022)

Damage to property Nieuwlandersingel Alkmaar (1)

Damage has occurred to a property in Alkmaar due to work done by the water board. Do you agree with us that HHNK should compensate the damage to the property and submit the claim to the insurance company? And that we are in danger of suffering considerable damage to our image in this case if we do not see to it that this matter is settled quickly? (Arnold Langeveld, March 5, 2022)

Gazprom contract

What is stopping you from canceling the gas contract with Gazprom with immediate effect? Can you map Map in the short term what canceling the contract will mean and how this can be absorbed? (Peter Vonk, Feb. 25, 2022)

Sewer and Water Care Levy

Things are about to change at municipalities with the introduction of the Sewer and Water Care Levy. This levy also includes components in the area of water treatment and the water system. What is your take on this new sewerage legislation? Can municipalities require landowners to self-storage the rainwater they receive on their property? How does this levy compare with the Water Board taxes (water system and treatment levy)? (Leo Schagen, Feb. 15, 2022)

Possible pollution Marker Wadden

During the construction of the Marker Wadden, Class B dredge was applied that should have been Class A. The Markermeer is under the jurisdiction of the Department of Public Works, but we are letting in water from the Marker Lake. What substances have been discharged and what effect could this have on water quality? Are there risks for people, (water) birds and fish? Is there consultation between RWS and HHNK on this subject? Are we being actively informed? How will we be involved in the effects that removal of the water bottom lot may bring about? (Leo Schagen, February 8)

Draft project plan Water Act Katwoude

The Katwoude Draft Plan states that the co-opportunity of a continuous, separate bicycle and walking connection has been dropped because of permit conditions that make it impossible to excavate the dike, as a provincial monument, further than strictly necessary for water safety. What exactly is the situation? If a bike path is really not possible, is it not possible to at least allow for a walking connection? To what extent does the project plan provide for landscaping measures to promote biodiversity? (Peter Vonk, Feb. 6, 2022)

Research Uitdam

Can you substantiate which findings and conclusions from the investigation report you do not (entirely) agree with? What administrative issues are addressed by the De Zeeuw Commission? Will the recommendation of a quality committee and an escalation mechanism also be built into the process of other complex projects (in the future)? What lessons learned can already be included in the environmental management and participation policy and/or in (future) participation processes of HHNK? Will you follow up on the advice to include other appropriate solutions in the pilot? And to the advice to set up an 'iterative process' in similar cases? (Frank Frowijn, Peter Vonk and Franke Hoekstra, February 6, 2022)

Energy costs (1)

At the November 3, 2021 combined committee meeting, our group expressed surprise that energy costs were not included as a separate item in the budget. After the meeting, Ms. Borgers promised to produce a summary of energy costs for the period 2018-2021 by mid-January. This time has passed. Please let us know when the overview will be ready. (Ron Wiese, February 3, 2022)

Invasive exotics

Can we also achieve the goal of being completely muskrat-free by 2030 with a lower budget? Why is the control of muskrats the responsibility of the water boards, while the control of other harmful exotic species, such as the American crayfish, Japanese knotweed, the woolly mitten crab and the water crassula, is the responsibility of other agencies and there is no policy for this at HHNK? (Ron Wiese, Jan. 31, 2022)

Sale of PWNT to Nijhuis Saur

We read in the clipping newspaper that PWN is selling its commercial subsidiary PWNT to Nijhuis Saur Industries. HHNK has been working with PWN for some time, including in the context of the 'Ge(o)zond Water' project. Will the sale of PWNT have consequences for the continuation of the research, and if so what? (Ron Wiese, Jan. 31, 2022)

Preserve reed banks during construction of mooring structures

When constructing jetties, reed banks are frequently cut down. The water permit explicitly states that the existing reed bank must remain intact or be restored. How is this checked? How often are repair or construction works performed by HHNK and who bears the costs? In 2021, how often was the condition of the reed banks checked after construction of jetties and what were the results? (Luuk Zaal, January 26, 2022)

Adjust tax rates

Scheldestromen Water Board is going to adjust its rates because of new data on the WOZ value development. What does this picture look like at HHNK? Can this be differentiated between residential and non-residential (business)? (Peter Vonk, Jan. 12, 2022)