The Dutch Public Prosecution Service (OM) opened a criminal investigation on Wednesday, July 8, 2026, into chemical manufacturer Sabic for allegedly discharging hazardous PFAS chemicals without a permit in Bergen op Zoom.
Authorities suspect the petrochemical company of releasing perfluorobutane sulfonic acid (PFBS) into the Westerschelde and the Theodorushaven. This could cause severe and permanent environmental and public health damage.
The Functioneel Parket, a specialized OM division for environmental crime and fraud, is leading the investigation.
It follows a joint criminal complaint filed in February by multiple foundations, including Stichting Gezond Water.
The investigation will examine whether Sabic and its executives are criminally liable for introducing harmful substances into surface waters.
Assistance comes from the police, the Human Environment and Transport Inspectorate (ILT), Rijkswaterstaat, and the Midden- en West-Brabant Environmental Service.
According to the OM, PFBS is a non-biodegradable flame retardant added to plastics. It can impair human immune systems and cause cancer through prolonged exposure.
The OM acknowledged the need to balance a thorough investigation with public urgency due to potential ecological and health hazards.
"Gelet op de mogelijke gevolgen voor mens en milieu, de vaart erin houden," stated the Openbaar Ministerie regarding the investigation's pace.
The criminal probe follows prior administrative enforcement actions against the Bergen op Zoom facility.
In October, the Oost-Brabant District Court imposed a strict discharge limit on Sabic, restricting its annual PFBS wastewater emissions to 2.75 kilograms, down from a previous output of 51 kilograms per year.
"Sabic heeft veel gedaan in de afgelopen periode om de lozing van PFBS te beperken en is hierin al grotendeels geslaagd," ruled the Oost-Brabant District Court.
Despite the restriction, the province of Noord-Brabant issued a conditional fine of 500,000 euros two months ago after the plant discharged 50 grams over its legal allowance.
This was reportedly caused by an accidentally ruptured vacuum cleaner bag containing PFBS.
Local media BN DeStem and NRC reported that Rijkswaterstaat planned a separate penalty of up to 2.5 million euros against Sabic after discovering PFAS-contaminated rainwater draining into the nearby Bergsche Diep.
"Vervuilers aanpakken" appeared to be the guiding principle for prosecutors, who simultaneously announced the criminal prosecution of steel manufacturer Tata Steel in IJmuiden for intentional hazardous emissions on the same day.
The OM has not yet announced a timeline for concluding the Sabic investigation or making a final decision on criminal prosecution.
