Decree No. 17 / 2009 Coll.
Decree on the detection and correction of environmental damage on soil
Valid
Effective from 01.02.2009
17
DECLARATION
of 5 January 2009
on the detection and correction of environmental damage on soil
In an agreement with the Ministry of Health pursuant to § 11 (5) of Act No. 167 / 2008 Coll., on the prevention and correction of environmental damage and on the amendment of certain laws, hereinafter referred to as "the Act":
Subject matter and purpose of the adjustment
This decree sets out the methods and manner of processing the risk analysis, the way in which to assess the suitability and feasibility of corrective measures, the setting of the objectives of corrective measures and the methods of demonstrating their achievement, including the way in which alternative procedures for limiting or eliminating risks to human health are compared, and the way in which to assess those risks arising from the direct or indirect introduction of substances, preparations, organisms or micro-organisms on or below the earth surface.
Methods and method of processing risk analysis
(1) Risk analysis (1) includes in particular:
(a) a survey of the state of pollution of soil or rock, including natural medical sources of pelloid or lures (hereinafter "soil"), the nature of the polluted environment and the possibility of migration of pollution (hereinafter "survey");
(b) an evaluation of the survey results contained in the final report, the outline of which is set out in the Annex to this decree;
(c) health risks2).
(2) The objective of the survey is to collect information so that health risks can be assessed and assessed as a result of direct or indirect introduction of:
(a) substances or preparations on or below the surface of the earth by establishing details of their concentration, the extent of such pollution, their migration capacity and the natural degradation capacity of those substances;
(b) organisms or micro-organisms on or below the earth surface.
(3) When processing risk analysis,
(a) be based on historical information on the origin, type and level of pollution related to the operational activity listed in Annex 1 to the Act and knowledge of the pedological, geological, hydrogeological, hydrological, geomorphological and climatic conditions of the territory, taking into account existing and planned use of the territory;
(b) evaluate the input information in order to determine the current state of pollution, its changes in the future and the risks of the transition of substances, preparations, organisms or micro-organisms to other environmental compartments, including real exposure scenarios;
(c) the extent of input information is chosen in such a way as to identify facts concerning the prevention of environmental damage in protected species of wild fauna or flora, habitats and water3);
(d) the survey shall be carried out in such a way as to establish the risk of environmental damage on the soil by the transfer of substances, preparations, organisms or micro-organisms from surface and groundwater contaminated in connection with the operational activity listed in Annex 1 to the Act;
(e) samples intended for microbiological analyses shall be taken according to the sampling plan in such a way as to avoid secondary contamination and undesirable proliferation of microbiological agents as required by the relevant technical standard (4);
(f) analyses of the samples taken in the survey shall be carried out by laboratories accredited by the national accreditation body on the basis of other legislation5) or other professional centres having an assessed quality system according to the requirements of the relevant technical standard (6);
(g) the determination of organisms or micro-organisms, the evaluation of their presence, quantity, pathogenicity and the possibility of spreading them shall be carried out by laboratories accredited by the national accreditation body on the basis of other legislation5) or other professional workplaces having an assessed quality system according to the requirements of the relevant technical standard6);
(h) the determination of the content of the risk elements in the soil belonging to the agricultural land fund shall be carried out by laboratories accredited by the national accreditation body on the basis of another legislation5) or by other professional centres having an assessed quality system according to the requirements of the relevant technical standard (6); the determination of the risk elements in the land belonging to the agricultural soils fund shall be carried out under another legislation (7).
Risk assessment for human health
(1) The basis for the opinion of the Regional Sanitary Station under Section 11 (2) of the Act is an evaluation of the results of the survey. The assessment of health risks carried out by an authorised person under the Public Health Protection Act (2) is also supported if such assessment has been carried out at the initiative of the competent authority.
(2) The seriousness of the risk to human health shall be assessed and assessed in the light of the current and planned use of the contaminated territory and the possible exposure of humans to the effects of pollutants, organisms or micro-organisms.
(3) Where pollutants, organisms or micro-organisms occur as a result of one or more events or as a result of migration in territories with different uses, the level of health risk shall be assessed separately for each such territory.
(4) Exceedance of maximum permitted levels of the content of risk elements in soils (8) resulting from anthropogenic pollution is justified in justified cases for the assessment of health risks.
(5) In case of introduction of organisms or micro-organisms on or below the surface, one of the criteria for assessing health risks from microbiological soil contamination is the presence of viable, sufficiently virulent parasites, pathogenic micro-organisms and other agents of infections or their toxins in soil in concentrations or quantities known or reliably expected to cause human disease.
Establishment of corrective action objectives
(1) The objectives of the corrective measures are established as quantitative or qualitative target parameters on the basis of a risk analysis and the opinion of the Regional Health Station in order to avoid serious risks of adverse effects on human health related to the presence of substances, preparations, organisms or micro-organisms introduced on or below the surface of the earth.
(2) The target parameters for corrective actions determine the state of land or water at a specified location and at a specified time and are expressed as:
(a) concentrations of substances, preparations, organisms or micro-organisms in soil, water or soil air;
(b) other physicochemical parameters or criteria; or
(c) technical data and parameters, in particular technical parameters of passive or reactive remediation methods.
(3) Where binding limits cannot be applied to the determination of target parameters, quantitative target parameters for corrective actions shall be established in accordance with the procedure used in determining the level of health risks, by retrocalculation using the highest health risk values which do not yet pose a serious risk to human health. In the case of multiple types of health risks, in particular carcinogenic, mutagenic or toxic, the target parameters of the corrective measures shall be determined in such a way that none of these risks constitutes a serious risk of adverse effects on human health. The original exposure scenarios specific to the polluted site shall be used to calculate the target parameters. Physical-chemical, biological or technical parameters shall be determined by other available methods and methodologies, in particular by hydrotechnical or other calculations, by deriving or calculating from real exposure scenarios, by deriving from mathematical models and, where justified, by expert estimates. The methods of calculation, derivation or estimation shall be scientifically justified.
(4) The objectives of the corrective measures shall be established taking into account the current and planned use of the territory and the local geological anomalies and shall not be more stringent than the natural background values in the territory. The use of the territory shall be ascertained in accordance with other legislation9) effective at the time of introduction of substances, preparations, organisms or micro-organisms on or below the earth surface. If the use of the territory cannot be ascertained in this way, it shall be determined according to the nature of the area in which the introduction of those substances took place, taking into account the expected changes in use of the territory.
(5) The objectives of corrective measures may be set differently in the various parts of the territory affected by pollution, taking into account the use made of each part of the territory.
(6) Where a risk analysis shows that the spread of pollutants to surface or groundwater may result in ecological harm to water10), the competent authority shall act in accordance with Article 6 (4) of the Act. Preventive measures shall aim to reduce or prevent the concentration of substances, preparations, organisms or micro-organisms in such a way as to avoid environmental damage to water.
Method for assessing the appropriateness and feasibility of corrective actions
Proposal for corrective measures
(1) The proposal for possible corrective measures and their evaluation11) contains and develops an overview of adequate remediation procedures or other measures to achieve the target parameters of corrective actions.
(2) The draft corrective measures shall take into account the specific conditions of the site and the uncertainty factors resulting from the final report.
(3) In particular, corrective measures may be imposed:
(a) the removal of substances, preparations, organisms or micro-organisms from the soil and, where appropriate, from groundwater;
(b) reducing the concentration of substances, preparations, organisms or micro-organisms to such a level that their presence in the soil does not pose a serious risk of adverse effects on human health;
(c) preventing or restricting the access of substances, preparations, organisms or micro-organisms to other recipients;
(d) the distribution of substances or preparations;
(e) the removal of contaminated soil containing substances, preparations, organisms or micro-organisms; or
(f) natural attenuation to non-risk status in less than 5 years.
(4) The corrective action may include remediation and post-remediation monitoring, if necessary, including a way of demonstrating the achievement of the objectives of the corrective action. The monitoring proposal shall include, in particular, the methodology, scope, frequency, the design of points or network of monitoring objects and the parameters pursued in view of the means of demonstrating the achievement of the objectives of the corrective actions.
(5) The proposal for corrective measures shall be based on all available information on the nature, extent and severity of the pollution and on the potential risks of environmental damage to protected species of wild fauna and flora or on water.
Selection of corrective measures
(1) The selection of corrective actions is based on an evaluation
(a) the impact on human health and safety of the corrective actions implemented;
(b) the technical feasibility and effectiveness of corrective actions;
(c) the financial costs of implementing corrective measures;
(d) the likelihood of achieving the proposed objectives of the corrective action;
(e) preventing further environmental damage or damage to property or human health as a result of the implementation of corrective measures;
(f) the time necessary to achieve the objectives of the corrective action;
(g) availability of proposed technologies;
(h) the rates of benefit for each environmental component or function;
(i) social, economic or cultural aspects and other relevant factors specific to the territory.
(2) The criteria referred to in paragraph 1 shall be evaluated separately in the draft corrective measures for each proposed alternative.
(3) The evaluation of corrective actions shall include the identification of the optimal way of demonstrating the achievement of the objectives of the corrective actions, including the specification of post-remediation monitoring.
Efficacy
This Decree shall take effect on 1 February 2009.
Minister:
RNDr. Bursík v. r.
Annex to Decree No 17 / 2009 Coll.
PERSONNEL OF THE FINAL REPORT ON THE GROUND ECOLOGICAL INJURY SURVEILLANCE
TEXT PART
1. Geological task and data on the territory
1.1. Geographical demarcation of the territory
1.2. Existing and planned land use (including aspects of nature and landscape conservation and management of potential conflicts of interest)
1.3. Basic characteristics of the location's occupancy (pollution recipients)
1.4. Property law relations
1.5. Geomorphological and climate conditions
1.6. Pedological ratios
1.7. Geological ratios
1.8. Hydrogeological ratios
1.9. Hydrological ratios
1.10. Geochemical and hydrochemical location data
1.11. Basic results of earlier research and rehabilitation work on the site
2. Geological work carried out
3. Results of works carried out
3.1. Methodology and scope of research and analysis work
3.2. Results of research work
3.3. Summary of the area and spatial scope and level of pollution
3.4. Pollution balance
3.5. Pollution spreading in an unsaturated zone
3.6. Pollution spreading in a saturated zone
3.7. Characteristic of the development of pollution in terms of natural assassination processes
3.8. Summary of the spread and development of pollution
3.9. Documentation for human health risk assessment (evaluation of survey results, evaluation of real exposure scenarios and design of objectives of corrective measures including uncertainty factors)
4. Assessment of risks of environmental damage on protected species of wild fauna and flora, habitats and groundwater or surface water
5. Conclusions and Recommendations
6. Place and manner of storage of material documentation if not excluded from further storage during the geological task
7. List of used literature, map materials and other sources
8. Budgeted and actually spent costs and sources of funding for a survey financed by the State budget.
LEGAL ANNEXES TO THE FINAL REPORT
1. a clear map of the territory in the scale 1: 25 000 or more
2. an extract from the real estate register, including a copy of the cadastral map with an indicative drawing of the interest area (12)
3. maps in which the work carried out, including the specification and localization of documentation points, direct measurements, sampling and technical work (including relevant archive data) are drawn
4. table overview of measurement, test and analysis results
5. geological documentation of exploratory works 13)
6. special purpose hydrogeological map and other maps documenting work results
7. maps and charts of conflicts of interest protected by specific legislation to make use of the results of works and, where appropriate, evidence of the results of the discussion of conflicts of interest
8. indicative interpretation scheme documenting the main results achieved and the proposed recommendations
9. results of geodetic focus of location and exploratory works (geodetic report including overview of coordinates and graphic schematics of measuring points)
10. technical reports or opinions prepared to solve partial problems by specialised centres
11. protocols of observations, measurements, tests and analyses for each type of special work, indicating the conditions for their acquisition (in particular laboratory protocols)
12. evidence of shipments and disposal of waste resulting from exploratory work
13. summary of physicochemical and toxicological characteristics of priority pollutants or preparations
14. confirmation by the Ministry of the Environment of the location entry in the database "Contaminated site registration system."
RECOMMENDED ANNEXES TO THE FINAL REPORT
1. copy of the register of geological works
2. geological and other special maps, sections, tables, diagrams and diagrams
3. models, statistical calculations
4. copies of related administrative decisions, opinions or observations
5. copy of the protocols on the disposal of technical works signed by the owner or the tenant of the land
6. photodocumentation
7. other supporting documents to assist in the distribution, explanation and addition of information in the text part of the report
8. Copy of the summary dossier in digital form.
1) Article 11 (1) of Act No. 167 / 2008 Coll.
2) Sections 2 (3) and 83a of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
3) Sections 3 and 6 of Act No. 167 / 2008 Coll.
4) ČSN ISO 10381-6.1998: Soil quality - Sampling, part 6.
5) Article 15 of Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.
6) EN ISO / IEC 17025.
7) Annex No. 3, point 3, to Decree No. 275 / 1998 Coll., on agrochemical testing of agricultural soils and soil properties of forest parcels.
8) Annex No 1 to Decree No. 13 / 1994 Coll., adjusting certain details of the protection of the agricultural land fund.
9) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
10) § 2 (a) point 2 of Act No. 167 / 2008 Coll.
11) § 11 (3) of Act No. 167 / 2008 Coll.
12) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register, as amended.
13) Decree No. 368 / 2004 Coll., on Geological Documentation.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 17 / 2009 Coll., on the detection and correction of environmental damage on soil |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.01.2009 |
|---|---|
| Effective from | 01.02.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0