55. Federal law on environmental liability to the prevention and remedying of environmental damage (federal environmental liability Act B-UHG)
The National Council has decided:
§ 1. This federal law regulates measures to the prevention and remedying of environmental damage, on the basis of the ' polluter pays ' principle.
Scope of application
2. (1) this Federal Act shall apply for
1. damage by waters, and to any imminent threat of such damage by exercising one of the occupational activities listed in annex 1 and 2 damage to the soil and to any imminent threat of such damage caused by the exercise of an in annex 1 Z 1 to 11 listed professional activities.
(2) environmental damage or an imminent threat of thereof caused by a not clearly defined pollution, is this federal law apply only if a causal link between the damage and the activities of individual operators can be determined.
(3) any further commitments on the basis of directly applicable Community rules as well as laws and regulations adopted on its basis and decisions that govern the avoidance or the remedying of environmental damage, shall remain unaffected.
(4) the provisions of the civil law in the area of compensation for damages shall remain unaffected.
3. (1) environmental damage or the imminent threat of such damage not covered by this federal law, if they are caused
1. through armed conflict, hostilities, civil war, riots or terrorist attacks or 2. through a natural phenomenon of exceptional, inevitable, and that cannot be influenced.
(2) this Act does not apply to environmental damage not for the imminent threat of such damage, as far as these within the scope of the nuclear liability Act 1999, Federal Law Gazette I no. 170/1998, fall.
(3) this Federal Act shall apply for activities, principally intended is the national defence or international security nor to activities the sole purpose of which is to protect from natural disasters.
§ 4. For this Federal Act, the following definitions shall apply:
A 1 shall be environmental damage) any substantial damage to the waters, which is any damage that has significant adverse effects on the ecological, chemical and quantitative status or the ecological potential of the waters concerned in the sense of the water law of 1959 (WRG 1959), BGBl. No. 215, and is not covered in a permit application of heat Exchanger in 1959, and b) each land damage , that is any soil contamination that creates a significant risk of adversely affecting human health due to the direct or indirect introduction of substances, preparations, organisms or micro-organisms in, on or under the ground.
2. a directly or indirectly any observable adverse change in a natural resource or impairment of the function of a natural resource is considered damage or injury.
3. the imminent threat of environmental damage is the reasonable likelihood that such damage in the near future will happen.
4. any activity listed in annex 1, which is carried out within the framework of an economic activity, a business or a company with or without acquisition purpose regardless of is considered occupation whether this activity is subject to private law or public service regulations.
5 any natural or legal person of governed by private or public law, who alone or with assistants - carrying out the occupation - or determined, including the holder of a permit or authorisation, as well as the person who makes the application or notification is considered operators. The activity is no longer performed and the previous owner no longer used, the owner (each co-owner) of the property from which the damage originates, unless he agreed to the facilities or activities from which the damage originates, or she willingly tolerated and reasonable defense measures fail him takes his place.
6 the release of substances, preparations, organisms or micro-organisms in the environment due to human activities is considered emission.
7 any action which is taken by events, actions or omissions have caused an imminent threat of environmental damage, to avoid or minimize such damage applies as a prevention measure.
8 any activity or combination of activities including mitigating and interim measures in the sense of annexes 2 and 3 with the aim to restore damaged natural resources or impaired functions, rehabilitate or replace or provide an equivalent alternative to those resources or functions considered remedial measure.
9 natural resources are water and land; the functions that satisfies a natural resource for the benefit of another natural resource or the public are considered functions and functions of natural resource.
10 the existing at the time of the damage occurred State of the natural resources and services that would have existed if the environmental damage had not occurred, and it is determined on the basis of the best available information is considered initial state.
11. as recovery including natural recovery, applies in the case of waters the return of damaged natural resources or features in the initial state, and in the case of damage of the soil affected the Elimination of any significant risk of adversely affecting human health.
12 the cost justified by the need for a proper and effective implementation of this federal law, including the cost of the audit of environmental damage, an imminent threat of such damage, alternative measures and administrative and legal costs and the costs for the enforcement of the measures, the costs of data collection, other pro-rata overhead costs, financing costs and the cost of supervision and monitoring are considered costs in the sense of this Federal Act.
§ 5 (1) has still not entered environmental damage, but there is an imminent threat of such damage, so the operator must immediately take the necessary preventive measures.
(2) if the imminent threat of environmental damage despite the seizure of the preventive measures referred to in paragraph 1 provided not be averted, the operator has to notify the authority of all relevant aspects of the situation immediately.
(3) evidence for the assumption that the imminent threat of environmental damage could be, exist for the authority she is entitled to obtain information about all relevant aspects of the situation of each operator as polluter into consideration next to enter also real estate and equipment through their bodies for this purpose, examine and take samples. The supervisory, inspection and investigation powers under other regulations shall remain unaffected.
(4) if the not, insufficient or not in time taken necessary measures to avert the immediate threat of environmental damage, the authority has appropriate measures to apply the operator or to arrange directly with the imminent danger and if necessary immediately perform against reimbursement of the costs by the operator. Danger in delay is in any case, if a water supply is at risk.
(5) measures, which are subject to an administrative order or an administrative order in accordance with paragraph 4, require no permit according to federal regulations. § Shall mutatis mutandis apply 72 hrs 1959.
(6) is the imminent threat of environmental damage within the scope of this Act, the regulatory measures to avoid the risk for the time being to other environmental legislation of the Federal Government considered measures in the sense of this provision.
6. (1) an environmental damages caused, so must the operator - regardless of communication carried out only according to § 5 para 2-
1. the competent authority of all relevant aspects of the facts of the case to inform, 2. all necessary precautions to take to control the relevant contaminants and their agents immediately, to curb, to eliminate or otherwise treat, to discourage adverse effects on human health as well as further damage of the water or the soil and other impairments of the functions, and 3. to take the necessary remedial measures in accordance with article 7.
(2) there are evidence for the assumption that environmental damage could have occurred, can require all information necessary for the appraisal of the situation and by their institutions enter also real estate and equipment for this purpose, examine by each operator of coming as a polluter into consideration and take samples for the authority. The supervisory, inspection and investigation powers under other regulations shall remain unaffected.
(3) environmental damage occurred and the arrangements referred to in paragraph 1 No. 2 or the remedial measures referred to in paragraph 1 do not, not sufficiently or in time applied Z 3, the authority has to apply the appropriate provisions or measures the operator or to arrange directly with the imminent danger and if necessary immediately perform against reimbursement of the costs by the operator. Danger in delay is in any case, if a water supply is at risk.
(4) measures, which are subject to an administrative order or an administrative order pursuant to par. 3, require no permit according to federal regulations. § Shall mutatis mutandis apply 72 hrs 1959.
Determination of remedial measures
Section 7 (1) of water damage has occurred, the operator has possible remedial measures in accordance with Annex 2, is a land damage occurred, the operator has to determine possible remedial measures in accordance with annex 3. The operator has become the rehabilitation measures provided to display, unless the authority is already operating the authority pursuant to § 6 section 3.
(2) which are referred to in paragraph 1, second sentence, displayed measures according to the authority not sufficient to restrain the relevant contaminants or their agents immediately to control, to curb, to eliminate or to deal in any other manner and to further environmental damage and other adverse effects on human health or further impairment of functions, the authority shall apply the measures referred to in annex 2 or 3 the operator. Such measures can go beyond taken orders also by the authority according to § 5 ABS. 4 or § 6 section 3, if this is necessary to achieve the objectives set out in annex 2 or 3.
(3) the authority shall the essential content of displayed and arranged her to remedial measures accordingly to publish. She has personally if at all possible to inform known parties (concerned) and to take into account in time got opinions.
(4) measures, which are subject to an administrative order or an administrative order according to para 2, require no permit according to federal regulations. § Shall mutatis mutandis apply 72 hrs 1959.
(5) multiple injuries of water or multiple damage to the soil in the way occurred, that the authority cannot ensure that the necessary remedial measures are taken at the same time, the authority has to decide what damage is to remediate first. It has in particular the type, extent and severity of individual cases of damage and risks to human health and the possibility of a return of the water or the soil in the respective output state due to the natural course of things into account.
(6) environmental damage within the scope of this law, is the official measures to reduce or rehabilitation of the danger for the time being to other environmental legislation of the Federal considered measures in the sense of this provision.
Cost of prevention and remediation activity
Section 8 (1) as far as in the following paragraphs, not otherwise determined, the operator has all of § 4 Z 12 resulting costs of preventive carried out under this Federal Act and remedial actions to take, including the costs of administrative appeal proceedings in which he is inferior. The Federal Minister for agriculture and forestry, environment and water management is authorized to determine qualifiers for the rapporteur administrative and procedure costs for the enforcement of the measures and other overhead, in agreement with the Federal Minister of finance and the Minister for economy, family and youth, as well as after consulting the provincial governors with regulation in the interests of simplification of the discovery.
(2) preventive or remedial measures are by the authority against reimbursement of the costs by the operator to perform, the authority shall at the same time to impose the position of via security over property or other appropriate guarantees in the amount of estimated effort the operator, which is expected to apply to the authority. The notices of payment due is to pick up if the obligated party must provide proof in the sense of paragraph 3. Otherwise is the safety with the be of the expenses borne in the entities that carry the burden of the authority to charge against the cost notices of payment due.
(3) the operator has the cost of preventive and rehabilitation activity not to wear if he proves that the damage or the imminent threat of damage
1 by a third person (these are persons who are active in behalf of the operator nor take the institutions with which the activity is exercised, according to their determination to complete) were caused and are entered, although adequate security arrangements have been made and he proves furthermore that in absence of all for the implementation of this federal law requirements in the sense of § 2 para 1 Z 1 nor § 31 WRG is unsuccessful 1959 water pollution , or 2. the compliance of orders or orders an authority attributable unless are orders or arrangements as a result of emissions or events that were caused by the operator's own activities.
The operator has under the same conditions claim to spare him for the necessary preventive and remedial costs. Under this paragraph, the authority decision decides claims.
(4) cost bearing obligations shall become cases law universal succession on the legal successor to the preceding paragraphs.
(5) cost can not brought to the preceding paragraphs when the obligation to pay costs, then the owners (each co-owner) of the property from which the damage originates, may be required to cost pay, unless he condoned the facilities or measures, of which the damage originates, agreed or they voluntarily and reasonable defense failed him. WRG, second sentence, applies under the conditions of § 31 para 4 1959 the legal successor of the property owner.
(6) the authority of a person consulted to the expenses borne to the preceding paragraphs, to assert their own outlays to third parties before the ordinary courts, shall remain unaffected.
(7) the Federal Government, represented by the Federal Minister of agriculture and forestry, environment and water management, has after the preceding paragraphs party position in administrative procedures concerning costs and dentures.
§ 9 (1) for the measures provided for in this federal law is the district administrative authority within their local sphere the preventive or remedial measures were to take, or would have been to take.
(2) it is the competent authority to determine which operator has caused the damage or the imminent threat of damage, to determine the significance of the damage and to determine which remedial measures in accordance with Annex 2 or 3 are to meet. For this purpose, the competent authority shall have the authority to require the implementation of an own evaluation and the provision of all necessary information and data by the operator concerned.
(3) as far as regulatory decisions about preventive or remedial measures not with notice be issued, is the operator at its own cost, the measures are taken without delay about the reasons and the redress open to instruct.
(4) in the case of a clean-up of the soil, the authority shall notify the municipality from the rehabilitation objective underlying the restructuring.
Cross-border environmental damage
§ 10 (1) has entered environmental damage, which may have effects on the territory of another Member State of the European Union, has the authority to notify that Member State.
(2) notes an authority environmental damage caused outside the territory of the Republic of Austria, it can inform the Commission of the European communities and the relevant other Member States of the European Union and towards those Member States with the entities that carry the burden of authority, claim costs incurred for preventive and remedial measures.
(3) in the case of cross-border environmental damage, the authorities, in whose office area, which has become effective environmental damage or the imminent threat of such damage in Austria, have to cooperate with the competent authorities of the relevant other Member States of the European Union - including in the form of an adequate exchange of information - in order to ensure that preventive and, if necessary, be carried out remedial actions in terms of such damage.
(4) special measures provisions remain unaffected.
§ 11 (1) natural or legal persons that can be injured by an environmental damage their rights can the district administrative authority within their local sphere of the alleged environmental damage has occurred, in a written complaint to urge, to act in the sense of § 6 and § 7 para 2. Also, the environmental lawyer is entitled to the environmental appeal (§ 2 para 4 of the environmental compatibility verification Act 2000 - EIA-G 2000, Federal Law Gazette No. 697/1993) and those environmental organizations to the 2000 recognised EIA-G in accordance with section 19, paragraph 7, each within the framework of their local recognition.
(2) as rights in the sense of paragraph 1, first sentence, shall apply
1. the protection of the life and health of people as well as 2 in waters: existing rights in the sense of § 12 ABS. 2 WRG 1959 and 3 on the ground: ownership or other real rights to an affected property, but not the possibility of a mere reduction of the market value.
(3) in the complaint, enclosing the factual information and data, the existence of the conditions referred to in paragraph 1 is to make credible. If it is not itself responsible, the callee district administration authority has to forward this complaint without delay to the authority pursuant to § 9 and inform the complainant thereof.
(4) the Authority considers that no entitlement to appeal in the sense of paragraphs 1 and 2 is given, there is no environmental damage or all necessary precautions or remedial measures have been taken already reached, so a decision is to be issued thereon.
§ 12. In the proceedings in accordance with § 6 and § 7 para 2 party position have - in addition to the operator -:
1 persons and organizations which have submitted an environmental complaint in accordance with article 11, paragraph 1, 2nd that in article 11, paragraph 1 persons referred to and organizations, two weeks after publication in accordance with § 7 paragraph 3 have declared in writing that they want to participate in the proceedings as a party.
§ 13 (1) against decisions adopted in implementation of this federal law, the right of appeal to the independent administrative Senate in that State the parties, is headquartered by the authority which has issued the decision.
(2) the Federal Government, represented by the Federal Minister of agriculture and forestry, environment and water management, complaint to the Administrative Court in accordance with article 131 is entitled against last instance decisions on cost and dentures according to this federal law to raise sec. 2 B-VG.
14. (1) commits an administrative offence and is fined to punish with up to €3 500, who
1 not or not immediately according to § 5 para 2 or which makes 1 prescribed understanding of the authority Z according to § 6 para 1 or 2 violated the toleration duties taken him in accordance with § 5 para 5, § 6 para 4 or § 7 para 4.
(2) an administrative offence commits and is fine to punish with up to 15 €000, who granted in § 5 ABS. 3 or the information is regulated in section 6 paragraph 2 not or not immediately or disabled the specified checks and investigations.
(3) a committing administrative offence and is fined to punish with up to 35 €000, who
1 not the necessary preventive measures according to § 5 para 1 immediately seizes 2. not that immediately meets Z 2 provided arrangements according to article 6, paragraph 1, 3rd not that according to § 6 paragraph 1 immediately determined offered Nos. 3 and § 7 para 1 remedial measures and displays the authority or 4th not who takes Z 3 necessary remedial measures in accordance with article 7 to article 6, paragraph 1.
(4) an offence is not to punish, if she meet the facts of a judicially punishable act according to paragraphs 1 to 3.
§ 15. The Federal Minister for agriculture and forestry, environment and water management is entitled to regulate the reports to be reimbursed to the Commission of the European communities in matters of environmental liability regulation.
§ 16. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.
§ 17. The personal names used in this federal law, the selected form applies to both sexes.
§ 18. This federal law is not applicable
1. on damage caused by emissions, events, or incidents that have taken place before the entry into force of this federal law, 2. damage caused by emissions, events, or incidents that have occurred after the entry into force of this federal law unless they are due to an activity, which undoubtedly had been concluded before the entry into force of this federal law, and 3 on damage, since the damage-causing emissions , Events or incidents more than 30 years passed.
Reference to Community law
§ 19. By this federal law, Directive 2004/35/EC on environmental liability is to the prevention and remedying of environmental damage, OJ No. L 143/56 of 30 April 2004, as amended by Directive 2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC, OJ No. L 102/15 of 11 April 2006, transposed into Austrian law.
Section 20 (1) with the enforcement of this Act is, if subsection 2 does not determine otherwise, entrusted to the Federal Minister of agriculture and forestry, environment and water management, but in terms of § 8 para 1 in agreement with the Federal Minister of finance and the Federal Ministry of economy, family and youth.
(2) with the enforcement of § 2 para 4 and 8 paragraph 6 is entrusted to the Federal Minister of Justice.
ACTIVITIES IN the sense of § 2 para 1:
1. the operation of installations requiring a permit or approval according to federal regulations, the integrated prevention and reduction of environmental pollution, OJ in implementation of the Directive 96/61/EC on the No. L 257 of 10 October 1996, S. 26, were issued as in particular § 77a of conjunction with Appendix 3 of the Gewerbeordnung (GewO 1994), BGBl. No. 194, 1994 in conjunction with article 37, paragraph 1 Annex 5 of the waste management act of 2002 (AWG 2002), Federal Law Gazette I no. 102, section 121 of the mineral raw material law (MinroG), Federal Law Gazette I no. 38 / 1999, article 5 par. 3 of the emission protection law for boiler plants (EC-K), Federal Law Gazette I no. 150 / 2004. This does not apply to the activities which the Z 12 are subject to, as well as of plants or plant parts, mainly for purposes of research, development and testing of new products and processes used for the operation.
2. waste management operations, including the collection, transport, the recovery and the disposal of non-hazardous and hazardous waste, including the supervision of such operations and monitoring the landfill after its closure, unless these measures 3 or 4 AWG 2002 promoted Z by a waste collector or therapist pursuant to § 2 para 6.
3. measures of management (minimisation, treatment, recovery and disposal) of mineral waste, waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries, by institutions and companies that win mineral raw materials in the open pit or underground mining for economic purposes, including the production borehole mining and the incurring of obtained materials are. This does not apply to of water and the back discharge of groundwater re-injection off are without special permit allowed initiating. This does not apply also, the authority has reduced the requirements for the deposit of non-hazardous waste resulting from the exploration of mineral resources, except oil and evaporites other than gypsum and anhydrite, as well as for the deposit of unverschmutztem soil and waste that accumulates in the extraction, treatment and storage of peat, or suspended.
4. all discharges, discharges or contributions made to waters, requiring a permit in 1959 after the heat Exchanger.
Water abstraction and impoundment of waters, requiring a permit in 1959 after the heat Exchanger.
6. the manufacture, use, storage, administration, filling, release into the environment and the internal transport-dangerous substances and dangerous preparations in the sense of paragraphs 2 and 3 of the chemicals Act 1996 (ChemG 1996), Federal Law Gazette I no. 53/1997, - crop protection products in the sense of § 2 para 1 of the plant protection act of 1997, Federal Law Gazette I no. 60, and - biocidal products in the sense of § 2 para 1 Z 2 of the biocidal products act (the biocidal products Act) , Federal Law Gazette I no. 105/2000, as far as these activities are not covered by Z 13.
7. the carriage of dangerous or polluting goods on the road, rail, inland, at sea or in the air (§ 1 para 1 to 3 of the danger goods transport law (GGBG), Federal Law Gazette I no. 145/1998).
8. the operation under lit. (a) listed plants, as far as you not already covered by one of the above numbers are provided for them a permit in 1994, is necessary the AWG 2002, the MinroG or the EC-K the GewO, on the derivation under lit. b listed pollutants in the atmosphere: a) - coking - refineries for oil (except companies that produce only lubricants from crude oil) - installations for the gasification and liquefaction of coal - thermal power stations and other combustion installations with a heat capacity of more than 50 MW - roasting and sintering plants with a capacity of more than 1 000 tonnes of ore in the year - integrated systems for the production of pig iron and crude steel - iron foundries with smelting plants with a capacity of more than 5 tonnes - systems for the generation and melting of non-ferrous metals with plant with a total capacity of more than 1 tonne for heavy metals and 500 kg for light metals - installations for the production of cement and rotary kiln lime - installations for the production and processing of asbestos and the manufacture of asbestos products - installations for the production of glass and rock fibres - plants for the production of standard and special glass with a capacity of more than 5 000 tonnes per year - installations for the production of clay , especially refractory normal stone, stone pipes, bricks for walls and floors, as well as chemical installations for the production of other organic intermediate products - installations for the production of basic inorganic chemicals – were roof tiles - chemical installations for the production of olefins, derivatives of olefins, monomers and polymers -, which determined are hazardous waste, including toxic waste, to eliminate - by burning plants to eliminate other solid and liquid waste by incineration - plants for producing chemical paper pulp with a production capacity of at least 25 000 tonnes in the year.
b) - sulphur dioxide and other sulphur compounds - nitrogen monoxide and other nitrogen - carbon monoxide - organic substances and in particular hydrocarbons (except methane) - heavy metals and metal compounds - dust, asbestos (suspended particles and fibres), glass and rock fibres - chlorine and chlorine compounds - fluorine and fluorine compounds 9 any working with genetically modified micro-organisms in closed systems, including transportation (§ 4 Nos. 2, 3, 4 and 7 of the genetic engineering Act (GTG), Federal Law Gazette No. 510/1994).
10. any deliberate release of genetically modified organisms into the environment, as well as the transport and the placing on the market of these organisms (§ 4 Z 3, 20 and 21 GTG). This shall not apply to activities, the Z 14 are subject to.
11. the shipment of waste, for the a permit requirement or prohibition in the sense of Regulation 1013/2006/EC of the European Parliament and of the Council on shipments of waste, OJ No. L 190 of July 12, 2006, S. 1-98, is.
12. the operation of installations requiring a permit or approval according to national regulations the integrated prevention and reduction of environmental pollution, OJ in implementation of the Directive 96/61/EC on the No. L 257 of 10 October 1996, S. 26, were issued.
13. the use of dangerous substances and dangerous preparations, plant protection products and biocidal products for the protection of plants against pests and diseases.
14. any other deliberate spreading of genetically modified organisms into the environment in the sense of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release of genetically modified organisms into the environment and repealing Directive 90/220/EEC, OJ No. L 106 of 17 April 2001.
Remedying of environmental damage in the sense of § 4 No. 1 lit. a
This annex contains conditions that must be met so that it is ensured that it selects the most suitable measures for remediation of damage to water.
Remedying of damage of water is to achieve that the waters is restored through refurbishment of primary, complementary and compensatory remediation in its initial state, where
(a) "primary remediation" is any remedial measure, which restored the damaged water or its impaired or towards the output condition;
(b) "complementary remediation" is any remedial measure taken in relation to the water or its functions, with the fact should be balanced, that primary remediation does not result in a full recovery of the injured natural resources or features;
(c) "compensatory remediation" is any action taken to compensate for interim losses of the water or its functions, that occur from the date of damage occurring until primary remediation has achieved its full effect;
(d) "interim losses" losses that are attributable to that the damaged water or its functions can not perform their ecological functions or not to fulfil its functions to other natural resources or to the public, as long as the primary or supplementary rehabilitation measures have not achieved its full effect. Financial compensation for the public isn't among them.
Primary remediation does not cause that the water in its initial state reset, then carry a complementary remediation. There is also a compensatory remediation to compensate for the interim loss making.
Remedying of environmental damage in the area of the waters has also to include that any significant risk of adversely affecting human health must be eliminated.
1.1. remediation objectives purpose of primary remediation 1.1.1.
Purpose of primary remediation is to restore the damaged water or its functions completely or nearly in the initial state.
Purpose of complementary remediation is to carry out a complementary remediation, 1.1.2. let is restore the damaged water or its features not in the initial state. Purpose of complementary remediation is to possibly somewhere else a State of natural resources or of their functions to produce, which is equivalent to a return of the damaged place in its initial state. As far as this is possible and reasonable, this other place with the damaged site should be geographically related, taking into account the interests of the affected population.
Purpose of compensatory remediation 1.1.3.
The compensatory remediation shall be undertaken to compensate for the interim loss of natural resources and their functions pending the restoration. The compensation consists of additional improvements of water on the damaged or in a different location. It includes no financial compensation for the public.
1.2. determination of remedial measures defining primary remedial measures 1.2.1.
To examine options, include the activities with which the waters and its functions be put directly into a State which she traces back accelerated to their original state, or but a natural recovery.
Laying down supplementary remedial and compensatory remedial measures 1.2.2.
When determining the scale of complementary and compensatory remedial measures the application of concepts is first to examine, based on the equality of resources or functions. Measures to consider, are produced through the natural resources or features in the same type, quality and quantity as the damaged resources or capabilities are first. This proves to be impossible, are other natural resources or to provide so. So, for example, a reduction in quality can be compensated by a quantitative increase of the remedial measures.
1.2.3. the application of the above mentioned concepts of equivalence of the resources or capabilities proves to be impossible, so are instead other valuation methods to be applied. The competent authority may prescribe the method, eg determine the value of money, to determine the extent of the necessary complementary and compensatory remedial measures. Is impossible or connected with unreasonable costs, an assessment of the loss of resources or functions possible, an evaluation of the replacement of the natural resources or features within a reasonable time frame so the competent authority may order remedial measures, the costs of which meet the estimated monetary value of the resulting loss of natural resources or features.
The complementary and compensatory remedial measures are designed to be that through them additional resources or capabilities are created that correspond to the time preferences and the timing of remedial measures. Longer it takes, for example, until the initial state is reached again, the more compensatory remedial measures are to make (among other things being equal).
1.3. choice of remedial options 1.3.1.
The reasonable remedial options are to assess, using the best available techniques according to the following criteria:-impact of each option on public health and public safety;
-Costs for the implementation of the option;
-Prospects of success each option;
-to what extent will prevent each option future damage, and avoid collateral damage as a result of implementing the option;
-extent to which each option represents a benefit for each component of the natural resource or function;
-extent to which each option takes into account the relevant social, economic and cultural concerns and other site-specific factors;
-How long it takes until the restoration of the environmental damage is done;
-to what extent it is possible with the respective option, the site of the environmental damage to redevelop.
-geographical connection with the stricken town.
1.3.2. when evaluating the different identified remedial options can be selected also primary remedial measures, with which the damaged water not completely or only slower reverts to the initial state. Such a decision can be taken only if the loss of natural resources or features to the original location as a result of the decision will be balanced by the fact that more supplementary remedial actions and more compensatory actions performed, with similar natural resources or features, before the occurrence of the damage can be created. This is the case, if equivalent natural resources or features can be created with a lower cost elsewhere. These additional remedial measures are set in accordance with number 1.2.2.
1.3.3. Notwithstanding the provisions of point 1.3.2 the authority in accordance with article 7, paragraph 5 is entitled to decide that no further remedial measures are taken, if a) with the restructuring measures already taken will ensure that no significant risk of adversely affecting human health or body of water is more and b) the cost of the remedial measures, which are to take to establish the initial state or a comparable level of that stand no reasonable relation to the benefit to be achieved for the environment.
Remedying of environmental damage in the sense of § 4 No. 1 lit. b
This annex contains conditions that must be met to select the most appropriate measures for remediation of damage to the soil.
There are the necessary measures, at least to ensure that the relevant contaminants are removed, controlled, contained or reduces, so that the damaged soil, taking into account its current or approved future use at the time of the injury more represents any significant risk of adversely affecting human health. The existence of such risks is to assess procedures for the risk assessment, taking into account the following factors: quality and function of the soil, type and concentration of the harmful substances, preparations, organisms or micro-organisms, the risk associated with them and the possibility of their dissemination. The use of is - where they exist - to lay down on the basis of the land-use regulations at the time of the damage occurred or other relevant legislation.
Land use regulations, or other relevant legislation, are missing, then the use of the special area is after the status of of damaged soil, taking into account its expected development to determine.
There is a natural recovery option, i.e. an option without direct intervention of the people in the recovery process to take into account.