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What if we find contaminated soil during excavation?

What the soil and rehabilitation regulations require when an excavation uncovers soil that may be polluted, from notifying NCEC to an approved remediation plan.

NCEC rules. 5 min read.

Short answer

You must inform NCEC as soon as soil pollution is detected, and failing to do so carries 10,000 to 1,000,000 riyals. Soil counts as polluted when it exceeds the Appendix 1 standards for its grain size and land use. A remediation plan prepared by an NCEC licensed service provider must be submitted within 10 working days, and NCEC decides within 10 working days. Starting the clean-up before NCEC approves the plan is itself a violation.

Key terms used in this guide 10 terms
Category 1 activities
Activities expected to produce low environmental impact that does not exceed the perimeter of the activity's site. Arabic: أنشطة الفئة الأولى (meaning “activities of the first category”) Permits reg. Art. 4(4), First
Compensation
Monetary amount paid by the person who causes the damage, pollution or environmental degradation, to compensate for or eliminate the resulting deterioration. It includes rehabilitation expenses if the person causing the damage did not carry out the rehabilitation. Arabic: التعويضات (meaning “the compensations”) Aqueous reg. Art. 1
Environmental permit to establish
Document issued by the Center to a person granting him the permission to initiate the establishment of an activity following the completion of its classification and environmental impact assessment, and the prescription of environmental requirements and conditions to comply with during establishment. Arabic: التصريح البيئي للإنشاء (meaning “the environmental permit for construction (establishment)”) Permits reg. Art. 1
Environmental rehabilitation
Any procedure conducted on an environmentally degraded site or one that is affected by environmental damage or pollution, to restore its natural state of environmental balance, in accordance with the standards set by the competent authority. Arabic: إعادة التأهيل البيئي (meaning “environmental re-qualification (restoring to a fit state)”) Rehab reg. Art. 1
Environmentally sensitive areas
Areas with environmental significance whose degradation has negative repercussions for the environment. They include protected areas, parks, forests, wetlands, significant bird habitat, mangroves, landscaped sites, watersheds, water catchment and run-off areas, beaches, waterways, aquifers or any other area identified or declared as environmentally sensitive by the State, the Ministry or the national environmental centers. Arabic: المناطق الحساسة بيئياً (meaning “areas sensitive environmentally”) Permits reg. Art. 1
Polluter-pays principle
The polluter incurs the expenses of field environmental studies, remedial activities, pollution control and reduction, environmental rehabilitation, and the necessary compensation. Arabic: مبدأ الملوث يدفع (meaning “the principle that the polluter pays”) Rehab reg. Art. 1
Remediation of polluted sites
Any procedure conducted on a polluted site to restore it to its natural state of environmental balance in accordance with the requirements of the competent authority. Arabic: معالجة المواقع الملوثة (meaning “treatment of polluted sites”) Rehab reg. Art. 1
Remediation plan
Plan that must be developed and submitted to NCEC when any environmental pollution incident occurs while the activity is being set up, operated or closed, or on NCEC request after inspections or audits. Arabic: خطة معالجة المواقع الملوثة (meaning “plan for treating polluted sites”) Rehab reg. Art. 5, Second (1)
Sensitive receptors
Receptors that are likely to be severely affected by activity or project due to their geographical proximity or sensitive nature. They include environmental elements, living species, archeological, cultural and religious sites, and community groups (such as endangered species, hospitals, elder care centers, schools, residential complexes, and others). Arabic: المستقبلات الحساسة (meaning “the sensitive receivers”) Permits reg. Art. 1
Service provider
A person licensed by the competent authority to provide environmental services. The Audit regulation uses the singular مقدم الخدمة (meaning the service provider) for a person licensed by the Center. Arabic: مقدمو الخدمات (meaning “the service providers (those who provide the services)”) SP reg. (1446H) Art. 1 and Audit reg. (1446H) Art. 1

All 49 terms in the NCEC glossary

On this page
  1. What do you have to do first?
  2. When is soil legally polluted?
  3. Which land-use column applies?
  4. What if the soil is naturally high?
  5. How does the remediation plan work?
  6. Who does the clean-up, and where does the soil go?
  7. Do the 1441H soil values match the regulation's table?
  8. What can go wrong?

What do you have to do first?

It is prohibited not to inform NCEC as soon as soil pollution is detected during an activity. The regulation gives no deadline in hours or days.Soil reg. Art. 7(7)

The NCEC model conditions for a permit to establish also require you to report any contaminated areas or pollution found during construction and to include them in your periodic reports.Permit guide, Appendix 1, item 7

Anyone whose action led to pollution must stop the source, decontaminate and rehabilitate the site. That person must also pay compensation under the polluter-pays principle.Rehab reg. Art. 4(1) and (2)

You must keep up-to-date records of the measures taken on soil pollution and provide soil data whenever NCEC asks.Soil reg. Art. 6(3) and (4)

Record what you find

Stop digging in the affected spot, photograph it and log what was done straight away. The remediation plan later needs a record of the immediate corrective actions.

When is soil legally polluted?

Appendix 1 of the soil regulation sets soil protection standards by grain size and by land use. Levels above these standards mean the site has polluted soil.Soil reg. Art. 4(1) and (2)

Coarse soil (sand and gravel) has grains equal to or larger than 75 μm. Soft soil (silt and clay) has grains smaller than 75 μm.Soil reg. Art. 1

Each grain class has five land-use columns:Soil reg. Appendix 1

  • Natural area.Soil reg. Appendix 1
  • Agricultural.Soil reg. Appendix 1
  • Residential and gardens.Soil reg. Appendix 1
  • Commercial.Soil reg. Appendix 1
  • Industrial.Soil reg. Appendix 1

Examples for coarse soil, in the order natural / agricultural / residential / commercial / industrial:Soil reg. Appendix 1

Lead70 / 70 / 140 / 260 / 600 mg/kg
Arsenic (inorganic)17 / 17 / 17 / 26 / 26 mg/kg
Benzene, topsoil0.078 / 0.073 / 0.073 / 0.078 / 0.078 mg/kg
F1 (C6 to C10), topsoil210 / 24 / 24 / 270 / 270 mg/kg
F3 (C16 to C34), topsoil300 / 300 / 300 / 1,700 / 1,700 mg/kg

Hydrocarbon fractions and BTEX have separate values for topsoil and subsurface soil. The regulation does not define the depth that separates the two.Soil reg. Appendix 1

Table sourceSoil reg. Appendix 1

Which land-use column applies?

The regulation ties each standard to a type of land use. It does not explain whether current use, zoned use or planned end use decides the column.Soil reg. Art. 4(1)

The NCEC remediation guideline allows remediation objectives based either on compliance with soil and groundwater standards or on risk-based target levels for the intended land use.Remediation guideline, p. 18

The choice can change the outcome. For F1 hydrocarbons in coarse topsoil the agricultural value is 24 mg/kg against 270 mg/kg for commercial land.Soil reg. Appendix 1

Agree the column early

Ask your consultant to justify the land-use column in writing and raise it with NCEC before laboratory results drive the decision.

What if the soil is naturally high?

The standards do not apply where it is established that natural concentrations in the soil exceed them. In that case you must coordinate with NCEC to find appropriate solutions.Soil reg. Appendix 1, note

The regulation does not say how natural background must be demonstrated.

The remediation guideline focuses the pollution assessment on pollution caused by human activity, but also asks for naturally occurring pollution and its levels to be identified.Remediation guideline, p. 17

How does the remediation plan work?

A remediation plan is required when any environmental pollution incident occurs while an activity is being set up, operated or closed, or when NCEC asks for one after an inspection or audit.Rehab reg. Art. 5, Second (1)

Submit the plan10 working days
NCEC decision10 working days
Review of a revised plan5 working days
Objection to the decision10 working days from notification
NCEC decision on objection10 working days from receipt

The plan must be prepared by an NCEC licensed service provider. It follows Appendix 3, which covers the pollution source and degree, remediation options and a health, safety and environment plan.Rehab reg. Art. 5, Third and Appendix 3

The NCEC remediation guideline also expects:Remediation guideline, pp. 13 to 18

  • A site history covering at least the previous 10 years.Remediation guideline, p. 14
  • Wells to confirm that groundwater near the contaminated area is not polluted, backed by sampling and laboratory results.Remediation guideline, p. 16
  • A record of the immediate corrective actions taken by the site manager.Remediation guideline, p. 18
  • For off-site disposal, the collection, storage, transport and final disposal location.Remediation guideline, p. 18
  • Land ownership, lease and use documents.Remediation guideline, p. 13

Table sourceRehab reg. Appendix 1, Second

Who does the clean-up, and where does the soil go?

The plan must be implemented by a provider licensed by NCEC for remediation works. The approval application attaches the implementer's contract and an implementation timeline approved by the implementer.Rehab guide, sections 3(a), 4(c) and 4(e)

Waste transport and disposal contracts with a licensed provider must also be attached. Treating, recycling or reusing residues from the works needs the approval of the competent government bodies.Rehab guide, section 4(f) and (g)

The service providers regulation lists preparing remediation plans and implementing them as separate service types.SP reg. (1446H) Art. 4(2) and (7)

During the works you submit periodic progress reports with photographs, analyses and an updated timeline. Any amendment to the plan needs NCEC approval first.Rehab reg. Art. 7(1) and (2)

Do the 1441H soil values match the regulation's table?

NCEC also published a soil values annex under the 1441H implementing regulation. Several values differ from Appendix 1 of the soil regulation:Soil annex 1441H, Annex (1)

Antimony, coarse, commercial and industrialRegulation 40, annex 20 mg/kg
Arsenic, coarse, commercial and industrialRegulation 26, annex 17 mg/kg
F3 subsurface, coarse, commercial and industrialRegulation 3,400, annex 2,400 mg/kg
Column headingRegulation 'Limits', annex 'Procedure Level'

The two tables can therefore give different pass or fail results for the same sample. The sources do not say which table NCEC applies in a given case.

Table sourceSoil reg. Appendix 1 and Soil annex 1441H, Annex (1)

What can go wrong?

The most common problems after contaminated soil is found are these:

What can go wrong
  • Staying silent. Failing to inform NCEC as soon as soil pollution is detected carries 10,000 to 1,000,000 riyals.Soil reg. Table (1) item 7
  • Starting the clean-up before NCEC approves the plan carries 10,000, 20,000 or 30,000 riyals for Category 1, 2 or 3.Rehab reg. Table (1) item 7
  • Digging out the soil and dumping it. The plan must state transport and the final disposal location, and waste transport and disposal contracts with a provider licensed by the competent authorities must be attached.Remediation guideline, pp. 10 and 18
  • Not remediating to the standards carries 30,000 to 10,000,000 riyals.Soil reg. Table (1) item 5
  • Missing the 10 working day objection window. Late objections are not accepted.Rehab reg. Appendix 1, Second (3)
  • Not keeping updated records of soil measures carries 50,000 to 100,000 riyals.Soil reg. Table (1) item 6
  • Inaccurate data in the plan carries 10,000 to 100,000 riyals and referral to public prosecution.Rehab reg. Table (1) item 1
  • Harm to sensitive receptors or sensitive areas makes the violation serious, and an expert committee then sets a penalty in proportion to the damage.Soil reg. Art. 8(1) to (3)
Found suspect soil on your site?

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References

Each small number in this guide shows the article or section that point comes from. Hover over or tap a number to see it, or open the full list below.

Show all 32 references and the 7 regulation texts
  1. Soil reg. Art. 7(7)
  2. Permit guide, Appendix 1, item 7
  3. Rehab reg. Art. 4(1) and (2)
  4. Soil reg. Art. 6(3) and (4)
  5. Soil reg. Art. 4(1) and (2)
  6. Soil reg. Art. 1
  7. Soil reg. Appendix 1
  8. Soil reg. Art. 4(1)
  9. Remediation guideline, p. 18
  10. Soil reg. Appendix 1, note
  11. Remediation guideline, p. 17
  12. Rehab reg. Art. 5, Second (1)
  13. Rehab reg. Appendix 1, Second
  14. Rehab reg. Art. 5, Third and Appendix 3
  15. Remediation guideline, pp. 13 to 18
  16. Remediation guideline, p. 14
  17. Remediation guideline, p. 16
  18. Remediation guideline, p. 13
  19. Rehab guide, sections 3(a), 4(c) and 4(e)
  20. Rehab guide, section 4(f) and (g)
  21. SP reg. (1446H) Art. 4(2) and (7)
  22. Rehab reg. Art. 7(1) and (2)
  23. Soil annex 1441H, Annex (1)
  24. Soil reg. Appendix 1 and Soil annex 1441H, Annex (1)
  25. Soil reg. Table (1) item 7
  26. Rehab reg. Table (1) item 7
  27. Remediation guideline, pp. 10 and 18
  28. Soil reg. Table (1) item 5
  29. Rehab reg. Appendix 1, Second (3)
  30. Soil reg. Table (1) item 6
  31. Rehab reg. Table (1) item 1
  32. Soil reg. Art. 8(1) to (3)
How to read these references 7 texts cited
  • Art. 7(4)(b) means Article 7, paragraph 4, item (b).
  • First, Second and Third are the numbered parts some articles are divided into. The Arabic texts write them أولاً، ثانياً، ثالثاً (meaning first, second, third).
  • H after a year marks the Hijri (Islamic calendar) year. 1446H ran from July 2024 to June 2025.

Every text we cite is listed on our regulations page.

Regulation texts this guide is written from

  • Executive Regulation for the Prevention and Remediation of Soil Pollution
  • NCEC Regulations-1441H, Implementing Regulation for Preventing and Treating Soil Pollution, Annex (1)
  • Executive Regulations for the Environmental Rehabilitation of Degraded Sites and Remediation of Polluted Sites
  • NCEC Environmental Guidelines for Contaminated Site Remediation Plans (EP-M-41-V01)
  • NCEC guide to requirements for preparing and implementing rehabilitation and remediation plans (LO-1-M-002-V01)
  • NCEC guide to issuing and renewing environmental permits for the construction and operation of activities (LO-1-M-005)
  • Executive Regulation for Environmental Service Providers

This guide is general information written from the regulation texts listed above. It is not legal advice. Regulations change, and the official text always prevails. Spotted something out of date? Request a change.