Duty of care: what you need to know

The duty of care is set forth in the Water Board's Water Board Ordinance and applies within the Water Board's management area. The ordinance describes three duties of care, each applicable to a particular group of activities:

• Activities affecting the water system
• Discharge activities
• Abstraction of surface or groundwater

Specific concerns and obligations apply to these activities to ensure that the water system remains protected. These obligations are designed to balance desired activities with the interests of the Water Board. By complying with the duties of care, you are actively contributing to maintaining water safety, water quality and water quantity.

In all activities, you must:

• Take all reasonable measures to avoid adverse effects;
• if adverse effects cannot be avoided, mitigate or undo those effects to the maximum extent possible;
• abandon the activity if these impacts cannot be adequately mitigated;
• Inform and involve the surrounding area, stakeholders and landowners in advance.

Activities affecting the water system

Activities that affect surface water or salvage areas must include:

• maintaining water system functions and securing supply and discharge capacity;
• Being able to maintain the water system;
• compliance with water levels and protection of ecological goals;
• keeping water storage intact or compensating for it if necessary.

For activities affecting flood defenses, you must include:

• Ensure the function of the water barrier;
• keep inspection, management, maintenance and future reinforcement possible.

Discharge activities

For discharges to surface water or treatment works, for example, you must:

• Apply best available techniques to prevent pollution;
• Perform representative measurements and effective sampling of discharges;
• prevent unusual occurrences and significant environmental contamination.

Abstraction of surface or groundwater

In water withdrawals, the duty of care involves measures such as:

• prevention of siltation, subsidence of soil and changes in groundwater flows;
• maintaining groundwater quality and functions of the water system;
• ensuring water storage and water management and preventing pollution.

To comply with the duty of care, it is important that you consider in advance the impact of your activity on the water system. In doing so, you can follow the following steps:

1. Do the Permit Check through the Environment Desk to see what rules and obligations apply to my situation.
2. Adhere to the requirements of your permit or compliance with general rules.
3. Seek advice from the Water Board if you are in doubt about the impact of your activity.
4. Take preventive measures to avoid damage, such as using environmentally friendly materials.
5. Check your activities regularly and adjust them if necessary to avoid negative effects.

Requesting custom regulation

Want more clarity on how to comply with the duty of care? Request a custom rule from the State Water Board. This provides you with specific guidelines tailored to your situation, especially if general rules apply or specific rules are missing. This can be done through the Environment Desk. See the page Maatwerkvoorschrift: what you need to know.

Do I always have to comply with the duty of care?

Yes, the duty of care applies to everyone within the Water Board's management area, regardless of the nature or extent of the activity.

How do I know if my activity falls under the duty of care?

All activities that may affect the water system fall under the duty of care. Do the Permit Check through the Environment Desk to determine which rules apply specifically to your situation.

What happens if I don't fulfill the duty of care?

If you fail to comply with the duty of care, the State Water Board may take (enforcement) action. 

Can I get advice on meeting the duty of care?

Yes, you can always contact the Water Board for advice. We will be happy to help you ensure that your activities comply with the duty of care.