On The Detection And Remedy The Environmental Damage To Soil

Original Language Title: o zjišťování a nápravě ekologické újmy na půdě

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67999&nr=17~2F2009~20Sb.&ft=txt

17/2009 Sb.



DECREE



of 5 April 2004. January 12, 2009



on the detection and remedy the environmental damage to soil



Ministry of the environment shall establish, in agreement with the Ministry of

health care under section 11 (1) 5 of the Act No. 167/2008 Coll. on prevention of

organic injury and about its axle, and amending certain acts, (hereinafter referred to as

the "Act"):



§ 1



The subject matter and purpose of the adjustments



This Decree lays down the methods and how to handle risk analysis method

assessing the suitability and feasibility of remedial measures;

the objectives of the corrective measures and ways of demonstrating their achievement, including

How to compare alternative procedures restricting or eliminating risks

for human health, and how to assess these risks arising from

the direct or indirect introduction of substances, preparations, organisms or

micro-organisms on Earth's surface, or under it.



§ 2



The method and the method of processing of the risk analysis



(1) risk analysis of ^ 1) includes in particular the



and the State of soil pollution survey) or rocks, including natural

medical sources peloidu or samples (hereinafter referred to as "the land"), the character of the

environmental pollution and pollution migration options (hereinafter referred to as

"the survey"),



(b) the evaluation of the results of the survey) that is contained in the final report,

to outlining, which is laid down in the annex to this Decree,



(c) assessment of health risks) ^ 2).



(2) the objective of the survey is to gather information so that you can

evaluate and assess the health risks as a result of direct or indirect

the introduction of the



and) substances or products on or below the Earth's surface, and that the

details of their concentration, the extent of this pollution, the ability

their migration and the ability of the natural decomposition of substances,



b) organisms or micro-organisms on Earth's surface, or under it.



(3) upon processing of the risk analysis will



and) is based on the existing information about the origin, type and level of pollution

related to operating activities listed in Schedule 1 to the Act and the

knowledge of the pedological, geological, hydro-geological,

hydrological, geomorphological and climatic conditions of the territory,

with regard to the existing and planned land use,



(b) evaluate the input information), to determine the current state of

pollution, changes in the future and the risks of the transition of substances,

preparations, organisms or micro-organisms to other elements of the

environment, including real-world exposure scenarios,



c) range input information such that they can be detected

facts concerning the prevention of ecological damage to

protected species of fauna or flora

plants, natural habitats and on the waters of a ^ 3),



d) survey, in order to determine the risk of environmental harm

on land transfer of substances, preparations, organisms or micro-organisms out of

surface water and groundwater polluted in connection with operating

activities listed in Schedule 1 to the Act,



e) samples intended for microbiological analysis shall be taken according to the schedule

sampling so as to avoid secondary pollution and undesirable

growth of microbiological agents according to the requirements of the relevant

technical standards ^ 4),



f) analyses of samples taken in the survey carried out through a

laboratories accredited by a national accreditation body, on the basis of the

another law ^ 5) or other professional workplaces that have

insubstantial additional quality system according to the requirements of the relevant technical standards ^ 6)



g) determination of organisms or micro-organisms, the evaluation of their

the presence, quantity, pathogenicity and the possibility of their dissemination done

through the laboratory accredited by a national accreditation

authority under other law ^ 5) or other professional

workplaces that have insubstantial additional quality system according to the requirements

the relevant technical standards ^ 6)



h) determination of risk elements in the soil belonging to the agricultural

land resources carried out through accredited laboratories

a national accreditation body on the basis of other legal

prescription ^ 5) or other professional workplaces, which are insubstantial additional

the quality system according to the requirements of the relevant technical standards ^ 6); the determination of the

risk elements in the soil belonging to the agricultural land resources are

performs under another law ^ 7).



§ 3



The assessment of the risks to human health



(1) the basis for the opinion of the regional hygiene station according to § 11

paragraph. 2 of the Act is the evaluation of the results of the survey. The base is also

evaluation of health risk by a notified body in accordance with

the law on the protection of public health ^ 2), provided that such reviews from

at the initiative of the competent authority.



(2) the severity of risk to human health shall be assessed and examined in the light of

on the current and planned use of polluted territories and the possible

the exposure of human exposure to pollutants, organisms, or

micro-organisms.



(3) if the polluting substances, organisms or micro-organisms

occur as a result of a single or recurring events or as a result of

migration in the territories with a different way to use, the degree of health risk to

evaluated for each territory separately.



(4) the exceeding of maximum allowable values of the content of the risk elements in the

soils ^ 8), which is the result of anthropogenic pollution, is in

justified cases, the reason for drawing up health

risks.



(5) in the case of the introduction of the organisms or micro-organisms on or under the Earth

the surface is one of the criteria for the evaluation of health risks from

microbiological pollution of the soil the occurrence of viable, sufficient

virulence of parasites, pathogenic micro-organisms and other agents

infections or their toxins in the soil in concentrations or quantities of which

is known or reliably assumed to cause disease

man.



§ 4



Goal setting corrective measures



(1) the objectives of remedial measures shall be determined as quantitative or

the qualitative target parameters on the basis of a risk analysis and opinion

regional hygiene station so as to avoid serious risks

the adverse effects on human health related to the presence of substances,

preparations, organisms or micro-organisms introduced to the Earth's surface

or under it.



(2) the target parameters of the corrective measures set out the condition of the soil or water

in specifically defined and at the specified time and expressed

as



a) concentrations of substances, preparations, organisms or micro-organisms in the soil,

waters or soil, air



(b)) other physico-chemical parameters or criteria, or



(c) technical data and parameters), and in particular the technical parameters of passive

or reactive remediation methods.



(3) If you are unable to determine the target parameters, use the binding limits,

set out the quantitative target parameters of remedial measures

the procedure applied in the detection rates of health risks, and this retrospective

the calculation using the highest health risks that have

do not present a serious risk of the adverse effects on human health. When

overlapping of multiple types of health risks, in particular carcinogenic,

mutagenic or toxic, with target parameters of remedial measures

down to none of these risks does not present a serious risk

the adverse effects on human health. For the calculation of target parameters

apply the original exposure scenarios specific to the polluted place.

The physico-chemical, biological or technical parameters are

other available methods and methodologies, in particular hydrotechnickými or

in other calculations, or by calculation from the real derivation of exposure

scenarios, by deriving from the mathematical models and in duly substantiated cases

expert judgment. Methods of calculation, derivation or estimate must be

professionally justified.



(4) the objectives of remedial measures shall be determined having regard to the current and

the intended use of the territory and the local geological anomalies, and

may not be more stringent than the natural background values in a given territory.

Method of use of the territory is determined by other legislation ^ 9)

effective at a time when there was an introduction of substances, preparations, organisms or

micro-organisms on Earth's surface, or under it. If you cannot use method

the territory of the following figure shall be determined according to the nature of the area in which the

the introduction of these substances has occurred, taking into account the projected

changes of land use.



(5) the objectives of remedial measures can be in different parts of the land affected by

pollution determined differently with regard to the use of individual

parts of this territory.



(6) If the risk analysis shows that the spread of pollutants into

surface water or groundwater can lead to the emergence of environmental injury

^ 10) waters, the competent authority shall proceed in accordance with § 6 para. 4 of the Act. The aim of the

preventive measures is to reduce the concentrations of substances, preparations,

organisms or micro-organisms or preventing their dissemination to

prevent environmental damage to the waters.



How to evaluate the suitability and feasibility of remedial measures



§ 5



The design of remedial measures




(1) the proposal of possible remedial measures, and their reviews ^ 11) contains and

Overview of reasonable rehabilitation procedures elaborates or other

the measures, which you can achieve the target parameters of the corrective measures.



(2) the application of corrective measures takes into account the specific conditions of the

the site and the factors of uncertainty arising from the final report.



(3) the remedy may be imposed in particular



and removal of substances), preparations, organisms or micro-organisms from soil

possibly from underground water



(b) reduction in the concentrations of substances), preparations, organisms or micro-organisms

at a level such that their presence in the soil was not a serious

the risk of adverse effects on human health,



(c)) to prevent or restrict access of substances, preparations, organisms or

micro-organisms for the other recipientům,



(d)) the layout of the substances and preparations,



(e) the removal of contaminated soil containing) substances, preparations, organisms

or micro-organisms, or



(f) atenuaci to nerizikového) status in less than 5 years.



(4) the part of correctional measures may be remedial and, if necessary,

conducted monitoring, including how to demonstrate the achievement of the objectives

the remedy. The proposal includes in particular a monitoring methodology,

the scope, frequency, design points, or network monitoring objects, and

the monitored parameters with regard to how to achieve the objectives of card

remedial measures.



(5) the draft remedial action is undertaken on the basis of all the

available information on the nature, extent and severity of contamination and

the potential risks of developing ecological harm to protected species

of wild fauna and flora, or the waters.



§ 6



The selection of remedial measures



(1) the selection of remedial measures shall be carried out on the basis of reviews



and) effects on human health and the safety of the remedial

measures,



(b)) and the effectiveness of the technical feasibility of remedial measures,



(c)) financial costs of implementation of corrective measures,



(d)), the likelihood of achieving the proposed goals of the remedy,



(e) other environmental prevention) injury or damage to property, or

the human health as a result of the implementation of corrective measures,



(f)) the time needed to achieve the objectives of remedial measures,



(g) the availability of the proposed technologies)



h) extent benefit for each component of the environment or their

function,



I) social, economic or cultural aspects and other

the relevant factors specific to the territory.



(2) the criteria referred to in paragraph 1 shall be assessed in the design of remedial

measures separately for each proposed alternative.



(3) the evaluation of remedial measures is to determine the optimal

How to demonstrate the achievement of the objectives of remedial measures, including the

postsanačního monitoring of the specs.



§ 7



The effectiveness of the



This Decree shall enter into force on 1 January 2000. February 11, 2009.



Minister:



RNDr. "in r.



Annex



TO OUTLINING THE FINAL REPORT ON THE SURVEY OF THE ECOLOGICAL DAMAGE TO THE SOIL



TEXT PART



1. Geological data on the territory of the task and the



1.1 the geographical boundaries of the territory of the



1.2. the existing and planned land use (including aspects of nature protection

and the countryside and to address any conflicts of interest)



1.3. Basic characteristics of the site when Trevize said grimly (recipients)



1.4 property relations



1.5 the geomorphological and climatic conditions



1.6 the Pedological conditions



1.1 geological conditions



1.8 the hydrogeological conditions



1.9 the Hydrological conditions



1.10 Geochemical and hydrochemické information about the site



1.11 the basic results of previous exploration and rehabilitation work on the

site



2. Made by geological works



3. the results of work performed



3.1 Methodology and scope for exploration and analysis of the work



3.2 results of the exploration work



3.3 Summary of area and spatial extent and degree of pollution



3.4 pollution Balance



3.5 the spread of pollution in unsaturated zone



3.6 Spread pollution in the saturated zone



2.3 characteristics of the development of pollution in terms of natural processes

regarding attenuation



3.8 Summary of dissemination and development of pollution



3.9 basis for assessment of the risk to human health (evaluation

the results of the survey, assessment of real-world exposure scenarios and design

the objectives of remedial measures, including the factors of uncertainty)



4. Assessment of the risks of developing ecological harm to protected species free

wild fauna and flora, natural habitats

and on the groundwater or surface waters



5. conclusions and recommendations



6. Location and method of storage material documentation, if not during the

the solution is out of the next task of the geological storage of



7. the list of used literature, maps and other sources



8. the Budgeted and actual costs incurred and sources of funding for

the survey paid from funds from the State budget



MANDATORY ANNEX TO THE FINAL REPORT



1. Overview map area of interest in the scale 1:25, 000, or

a more detailed



2. the extract from the land registry including a copy of the cadastral maps with

indicative features area ^ 12)



3. maps, in which they are drawn by the work performed, including specifications

and localization of documentation, direct measurement, sampling and

technical work (including relevant archival data)



4. a tabulated summary of the results of measurements, tests and analyses



5. Geological documentation of exploratory works ^ 13)



6. specific hydrological map and other maps documenting the results of the work



7. maps and schemes of conflicts of interests protected by special legal regulations

the prerequisites for the use of the results of the work, where appropriate, evidence of the results of the

discussion of conflicts of interest



8. regional interpretrační schema, documenting the main results achieved

and proposed recommendations



9. the results of the survey and exploration site orientation works

(report including an overview of geodetic coordinates and graphic schemes

measuring points)



10. technical reports or opinions processed to solve subproblems

specialized workplace



11. the reports of observation, measurement, testing and analyses for individual

types of special work, stating the terms of their acquisition (in particular

laboratory protocols)



12. the documents on the transport and disposal of waste generated by research

the work of



13. an overview of physico-chemical and toxicological characteristics

priority of polluting substances or products



14. the Ministry of the environment on site to record

the database "a system for registering contaminated sites"



FEATURED ANNEX TO THE FINAL REPORT



1. copy of the registration sheet of geological work



2. Geological and other special maps, sections, tables, diagrams and

diagrams



3. models, statistical calculations



4. copies of the related administrative decisions, opinions or representations



5. a copy of the protocols on disposal technical work with the signature of the owner of

or lessee of the land



6. photo documentation



7. other documents that help the divorced, the explanation and the addition of

the information in the text part of the message



8. a copy of the summary of the dossier in a digital form.



1) § 11 (1) 1 Act No. 167/2008 Sb.



2) § 2 (2). 3 and § 83a Act No. 258/2000 Coll., on the protection of the public

health and amending certain related laws, as amended

regulations.



3) § 3 and 6 of the Act No. 167/2008 Sb.



4) ISO 10381-6. 1998: soil quality-sampling, part 6.



5) section 15 of Act No. 22/1997 Coll., on technical requirements for products and on the

amendments to certain laws, as amended.



6) DIN EN ISO/IEC 17025.



7) Annex 3 paragraph 3 to Decree No 277/1998 Coll., on agrochemical

testing of agricultural soils and soil properties of forest discovery

land.



8) Annex 1 to the Decree No. 13/1994 Coll., to regulate certain

the details of the protection of agricultural land resources.



9) Act No. 183/2006 Coll., on zoning and the building code

(the building Act), as amended.



10) § 2 (b). and) point 2 of Act No. 167/2008 Sb.



11) § 11 (1) 3 of the Act No. 167/2008 Sb.



12) Act No. 344/1992 Coll., on the land register of the Czech Republic

(Act), as amended.



Decree No. 162/2001 Coll. on the provision of data from the land registry

The Czech Republic, as amended.



13) Decree No. 368/2004 Coll., on geological documentation.