Decree No. 257 / 2009 Coll.
Ordinance on the use of sediments on agricultural land
Valid
Order
Effective from 01.09.2009
257
DECLARATION
of 5 August 2009
on the use of sediments on agricultural land
The Ministry of Agriculture and the Ministry of the Environment shall determine, pursuant to Section 9 (10) of Act No. 156 / 1998 Coll., on fertilisers, soil aid substances, auxiliary plant preparations and substrates, and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 9 / 2009 Coll.:
Subject matter
This decree sets out the conditions and manner of use of sediments on agricultural land, the method of keeping records of the use of sediments, the method of reporting the use of sediments, the limit values of the risk elements and the risk substances in the sediment and in the soil to which it is to be used, the requirements for other physico-chemical and biological characteristics of the sediment and soil analysis procedures, including sampling methods.
Limit values for the risk elements and the risk substances in the sediment and in the soil to be used and the biological properties of the sediment
(1) The limit values for the risk elements and the risk substances in the sediment are set out in Annex 1 to this Decree. The limit values are established by applying procedures according to specified standards (§ 4 (1) and (2)) published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing. Specified standard means a Czech technical standard, another technical standard or technical document of international or foreign organisations or other technical document containing more detailed technical requirements, as specified and notified to this decree under the Technical Requirements Act on Products (1) (hereinafter referred to as "the designated standard '). Compliance with the limit values shall be demonstrated by a protocol on the results of the analysis of sediment samples and the accompanying certificate of sediment sampling. The model of the form of the movement certificate for samples of sediment is given in Annex 2 to this Regulation.
(2) The limit values of the risk elements and of the risk substances in the soil to which the sediment is to be used are set out in Annex 1 to the Decree establishing details of the protection of the quality of the agricultural soils (5), with the listing of the mandatory risk elements and risk substances being given in Annex 3 thereto. The limit values are established by applying procedures according to specified standards (§ 4 (1) and (2)) published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing. Compliance with the limit values shall be demonstrated by a protocol on the results of soil sampling analyses and soil sampling accompanying documents. The model of the soil sampling movement note form is set out in Annex 2 to this Decree.
(3) Limit values for soil risk elements are not established for soil on substrates with geographically conditioned extreme levels of certain risk elements.
(4) In cases where, due to specific local conditions, sediment contamination is suspected of being contaminated by risk elements or risk substances other than those listed in Annex 1 to this Decree, in concentrations which could lead to damage to the physical, chemical or biological properties of agricultural soils (Section 9 (2) (c) of the Fertilisers Act), the Act on the Protection of Agricultural Soil Fondu2 shall be applied. The biological properties of sediment and soil and contamination of sediment by pathogenic agents shall be assessed by ecotoxicological tests and monitoring of indicator micro-organisms as set out in Annex 4 to this Regulation.
Conditions and method of use of sediments on agricultural land
Sediments may be used on agricultural land if:
(a) the concentration values of the risk elements and the risk substances contained therein do not exceed the limit values set out in Annex 1 to this Regulation; in assessing the contents of elements and substances, the value corresponding to the uncertainty of measurement given shall be deducted from the result specified in the results report;
(b) the concentrations of the risk elements and of the risk substances in soils do not exceed the preventive values set out in Annex 1 to the Decree laying down the details of the protection of the quality of the agricultural soils (5), the list of which is given in Annex 3 thereto; in assessing the contents of elements and substances, the value corresponding to the uncertainty of measurement given shall be deducted from the result specified in the results report;
(c) the values of the concentrations of the risk elements and of the risk substances contained therein do not exceed the limit values set out in Annex 1 to the Decree establishing details of the protection of the quality of agricultural soils (5), the limit values for the risk elements and substances referred to in point (b) shall not apply; when assessing the content of elements and substances, the value corresponding to the uncertainty of measurement given shall be deducted from the result specified in the results report;
(d) the values of the concentrations of the risk elements and of the risk substances contained therein exceed the limit values set out in Annex 1 to this Regulation, but do not exceed the values of the risk elements in soil on substrates with geographically contingent increased levels of certain risk elements; in assessing the contents of elements and substances, the value corresponding to the uncertainty of measurement given shall be deducted from the result specified in the results report;
(e) the physical, chemical or biological properties of the soil to which the harvested sediment is used are not impaired and the amount of the skeleton content in the sediment complies with the limit values set out in Annex 1 to this Decree;
(f) the maximum application dose of sediment set out in Annex 5 to this Decree is respected, subject to the condition that the sediment is dewatered and that its use does not impair the aquatic regime of the soil; the maximum application dose must not be exceeded within 10 years; the maximum application dose of sediment may be increased in justified cases on the basis of expert advice, such as the need for soil lightening or the delivery of higher amounts of clay particles;
(g) the specified dose of sediment is used on the parcel in successive agro-technical operations and in a continuous period of time under favourable physical and moisture conditions, evenly across the area of the parcel, at the maximum height of the layer of sediment used up to 15 cm; in the case of a depth less than 30 cm of the ornium horizon, the ratio of the sediment used to the ornix 1: 2 shall be observed; the depth of the ornix shall be evaluated according to the fifth digit of the soil-protected organic units;
(h) are introduced into the soil within 30 days of spreading;
(i) the time period from the last use of the sediment on the parcel shall be at least 5 years; in the case of the use of sediments from a pond's fishing ground, which is the area of regular catch, or of a sediments that can be proven to originate from the fishery and which are accumulated after harvesting, for example, in a pond drain below a pond discharge, in a catch lagoons or geotextiles, it may be applied to approved parcels repeatedly for a period of 5 years following the issue of consent to use sediments, so that the maximum authorised application levy laid down in Annex 5 to this Regulation is not exceeded within 10 years;
1. compliance with the limit values is demonstrated by one result protocol and one accompanying sampling sheet;
2. for that period, one consent may be given to the owner or the authorized owner of the land and at the same time to one opinion of the Authority; and
3. There shall be no emergency or change in the relevant river basin during this period which may affect the quality of the sediment;
(j) the time from the last use of the adjusted calu8) on the parcel is longer than 1 year;
(k) ecotoxicological tests imposed under the Agricultural Soil Fund2 Act do not demonstrate the contamination of sediment, if such tests have been stored, within the scope of Annex 4 to this Decree; and
(l) monitoring of indicator micro-organisms shall not show contamination of sediment by pathogenic agents if such monitoring has been performed.
Sediments and soil analysis procedures and methods of sampling for sediment and soil
(1) Analytical analyses of sediments and soils are carried out in accredited laboratories or other professional workplaces having an assessed quality system according to the specified standard (3) for specified indicators. The methods of analysis and testing of sediment and soil according to specified standards or other validated and validated procedures shall be used.
(2) Sampling of sediment samples shall be carried out from the bottom of the infused water tanks, in particular ponds, watercourses, riverbed of other waterlines, in particular fuses and fuses, melliorative channels and buildings, to the water treatment of land. Sampling of samples from pond fisheries may be carried out from sediments accumulated directly in the fishery, in the watercourse or on the plot of other water lines under the water tank, in the pond, in the catch lagoons or in the geotextiles. In justified cases, samples may be taken from interdepones of sediment. Samples of sediments shall be carried out by persons eligible for waste sampling under the Waste Act (6) or by an accredited test laboratory or an accredited professional workplace according to the standard ČSN EN ISO / IEC 17025 General requirements for the competence of test and calibration laboratories, sampling of sediments shall be carried out according to specified standards or other validated and validated procedures.
(3) Sampling and testing of the agri-chemical properties of the soil to which the sediment is to be used shall be carried out in accordance with the procedure laid down in the agri-chemical order for the testing of agricultural soils and for the detection of the soil properties of forest land (4) or other validated and validated practices. The samples are carried out by persons responsible for soil sampling under the Fertiliser Act (7), by persons eligible for waste sampling under the Waste Act (6) or by an accredited testing laboratory or an accredited professional centre according to the standard ČSN EN ISO / IEC 17025 General requirements for the competence of test and calibration laboratories. The results of agrochemical testing of agricultural soils shall not exceed 6 years.
Registration of the use of sediments
The form of the certificate of use of the sediment on agricultural land is set out in Annex 6 to this decree. Evidence of the quantity, type and time of use of sediments per parcel, crop and year shall consist of the record sheet, the accompanying list of sediment sampling, the soil accompanying sheet and the protocols for sampling and analysis.
Method of reporting sediments
The model form for the report on the use of sediments on agricultural land is set out in Annex 7 to this decree.
Efficacy
This Decree shall take effect on 1 September 2009.
Minister for Agriculture:
Ing. Shebesta v. r.
Minister of Environment:
RNDr. Miko, Ph.D. v. r.
Příloha č. 1
Annex No 1
Limit values for the risk elements and for the sediment in mg per kg dry matter
Explanatory notes:
1) The content of Hg is determined as the total content; the contents of other elements, i.e. As, Be, Cd, Co, Cr, Cu, Ni, Pb, V, Zn are determined by extraction of the royal bow.
(2) PAH - polycyclic aromatic hydrocarbons [sum of anthracene, benzo (a) anthracene, benzo (b) fluoranthene, benzo (k) fluoranthene, benzo (a) pyrene, benzo (ghi) perylene, phenantrene, fluoranthene, chrysene, indeno (1,2,3-cd) pyrene, naphthalene and pyrene].
3) PCB - polychlorinated biphenyls (sum of congeners No 28, 52, 101, 118, 138, 153, 180).
Sedimentary skeletal limit values
| Ukazatel | Limitní hodnoty |
|---|---|
| Obsah skeletu 2 – 4 mm | max. 30 % |
| Obsah skeletu nad 4 mm | max. 3 % |
Příloha č. 2
Annex No 2
Příloha č. 3
Annex No 3
List of compulsorily monitored risk elements and substances in soil to be used
As, Be, Cd, Co, Cr, Cu, Hg, Ni, Pb, V, Zn, PCB1), PAU2), DDT.
Explanatory notes:
1) PCB - polychlorinated biphenyls (sum of congeners No 28, 52, 101, 118, 153, 180).
(2) PAH - polycyclic aromatic hydrocarbons [sum of anthracene, benzo (a) anthracene, benzo (b) fluoranthene, benzo (k) fluoranthene, benzo (a) pyrene, benzo (ghi) perylene, phenantrene, fluoranthene, chrysene, indeno (1,2,3-cd) pyrene, naphthalene and pyrene].
Příloha č. 4
Annex No 4
Contamination of sediment by risk elements or risk substances other than those listed in Annex 1
Table 1
Ecotoxicological tests for sediment testing
| Zkušební organismus | Doba působení | Limitní hodnoty |
|---|---|---|
| Bakterie Aliivibrio fischeri | 15 minut a 30 minut | neprokáže se ve zkoušce inhibice světelné emise bakterií větší než 50 % při expozici 15 minut ani při expozici 30 minut |
| Perloočka Daphnia magna Straus | 48 hodin | procento imobilizace perlooček nesmí ve zkoušce přesáhnout 50 % |
| Řasa Desmodesmus subspicatus | 72 hodin | neprokáže se ve zkoušce inhibice nebo stimulace růstu řas větší než 50 % ve srovnání s kontrolou |
| Salát Lactuca sativa | 120 hodin | neprokáže se ve zkoušce inhibice nebo stimulace růstu kořene salátu větší než 50 % ve srovnání s kontrolou |
Table 2
Monitoring of indicator micro-organisms
Explanatory notes:
1) KTJ - colony forming unit.
(2) From 5 samples taken, the minimum number of samples shall comply with the prescribed limits.
Příloha č. 5
Annex No 5
Maximum application dose of sediment per hectare of agricultural land in tonnes of dry matter
Explanatory notes:
1) The texture of the sediment shall be determined by determining the granular composition according to ISO 11277 soil quality.
2) Heavy soils: clay clay, clay and clay with a clay particle content (less than 0,01 mm) of more than 45%; are classified as common soil.
3) Medium-heavy soils: soils of sandy alumina and alumina with a clay particle content (less than 0,01 mm) of more than 20% and a maximum of 45%; are classified as common soil.
4) Light soils: soils formed on very light and poor mother rocks such as sands and gravel. The definition of these soils is based on the representation of fine particles (up to 0,01 mm), which shall not exceed 20%. These soils are characterised by very low sorption capacity.
Příloha č. 6
Annex No 6
Příloha č. 7
Annex No 7
1) § 4a of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 205 / 2002 Coll.
2) Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended.
3) EN ISO / IEC 17025.
4) Decree No. 275 / 1998 Coll., on agrochemical testing of agricultural soils and the detection of soil properties of forest parcels, as amended.
5) Decree No. 153 / 2016 Coll., establishing the details of the protection of the quality of agricultural land and amending Decree No. 13 / 1994 Coll., adjusting certain details of the protection of the agricultural land fund, as amended by Decree No. 271 / 2019 Coll.
6) Paragraph 28 (1) of Act No. 541 / 2020 Coll., on Waste.
7) Paragraph 10 (3) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, plant biostimulants and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended.
8) Paragraph 67 (1) (b) of Act No. 541 / 2020 Coll., on Waste.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 257 / 2009 Coll., on the use of sediments on agricultural land |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.08.2009 |
|---|---|
| Effective from | 01.09.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0