Bergen op Zoom, 25 augustus 2007
Aan Burgemeester en Wethouders
der Gemeente Bergen op Zoom
Postbus 35
4600 AA Bergen op Zoom
Betreft: grondwaterbeleid
Geachte College,
Op 26 juni j.l. heeft de Eerste Kamer het wertsvoorstel “Wijziging van de Gemeentewet, de Wet op de waterhuishouding en de Wet milieubeheer in verband met de introductie van zorgplichten van gemeenten voor het afvloeiend hemelwater en het grondwater, alsmede verduidelijking van de zorgplicht voor het afvalwater en aanpassing van het bijbehorende bekostigingsinstrument (verankering en bekostiging van gemeentelijke watertaken)” aangenomen.
Uit de memorie van toelichting bij het wetsvoorstel blijkt dat gemeenten op de naleving van voornoemde plicht of zorgtaken privaatrechtelijk kunnen worden aangesproken.
In het rapport “Zicht op Grondwater” van de commissie van Advies inzake de Waterstaatswetgeving uit 2004 (één van de onderleggers van voornoemd wetsvoorstel) werd geconcludeerd dat “slecht of onvoldoende bouwrijp zijn en woonrijp maken van gronden één van de belangrijkste oorzaken van problemen met grondwater is”.
Ook Bergen op Zoom zal bij het in werking treden van de wet moeten overwegen welke maatregelen zij wel of niet wil nemen. Dit vergt, naar de mening van de BSD-fractie, een onderzoek naar de bestaande gebieden en toekomstige bouwlocaties zoals Bergse Haven en de Markiezaten, die kwetsbaar zijn of kunnen zijn voor (grond)wateroverlast.
In geval van de nieuwe bouwlocaties zal de nieuwe zorgplicht serieus genomen moeten worden en moet, naar de mening van de BSD-fractie, de inzet bij bouwrijp maken de voorkoming van (grond)wateroverlast moeten zijn, ook bij toenemende kweldruk door zeespiegelstijgingen of hogere peilen op bijvoorbeeld het Volkerak/Zoommeer-systeem.
De wet legt nu een zorgplicht bij de gemeente, die er tot op heden niet was. Dit betekent voor de gemeente een nieuwe taak. Deze nieuwe taak vergt een zorgvuldige aanpak. De BSD-fractie verzoekt uw College te komen tot een onderzoek naar de bestaande toestand en een nota waarin met beleidsvoorstellen naar de gemeenteraad wordt gekomen inzake het (toekomstige) grondwaterbeleid van de gemeente.
Met vriendelijke groet,
Louis van der Kallen
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