Law On The Protection Against Harmful Soil Changes And For The Remediation Of Contaminated Sites

Original Language Title: Gesetz zum Schutz vor schädlichen Bodenveränderungen und zur Sanierung von Altlasten

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Act for the protection against harmful soil changes and the remediation of contaminated sites (Bundes-Bodenschutzgesetz-BBodSchG)

Non-official table of contents

BBodSchG

Date of issue: 17.03.1998

Full quote:

" Bundes-Bodenschutzgesetz vom 17. March 1998 (BGBl. 502), as last amended by Article 5 (30) of the Law of 24. February 2012 (BGBl. 212) has been amended "

:Last modified by Art. 5 (30) G v. 24.2.2012 I 212

For details, see the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.1999 + + +)

The G has been referred to as Article 1 G v. 17.3.1998 I 502 approved by the Bundestag with the consent of the Bundesrat and in accordance with. The second sentence of Article 4 of this G was in force on 1 March 1999. The provisions authorizing the adoption of legal regulations and Article 20 shall act in accordance with the provisions of Article 20 (1) of the Treaty. Article 4, first sentence, in force on 25 March 1998. unofficial table of contents

content overview

First part
General rules
§ 1Purpose and principles of the Law
§ 2Definitions
§ 3 Scope
Second Part
Principles and obligations
§ 4Security Obligations
§ 5Unsealing
§ 6Installing and introducing materials on or in the Bottom
§ 7Pre-care
§ 8Values and Requirements
§ 9Risk Assessment and Investigative Regulations
§ 10 Other Arrangers
Third Part
Supplemental regulations for legacy loads
§ 11Capture
§ 12Information of the affected persons
§ 13Sanierungsinvestigations and Sanierungspscheduling
§ 14Government Sanation Planning
§ 15 Public supervision, self-control
§ 16Supplementary orders for legacy load remediation
Fourth Part
Agricultural Land use
§ 17Good technical practice in agriculture
Fifth Part
Final Provisions
§ 18Expert and investigative bodies
§ 19Data transfer
§ 20Stakeholder Hearing
§ 21State Legal Rules
§ 22fulfillment of binding decisions of the European Communities
§ 23national defense
§ 24Cost
§ 25 Value equalling
§ 26BußMoney

First part
General rules

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§ 1 Purpose and principles of the law

Purpose of this law is to sustainably secure or restore the functions of the soil. For this purpose, harmful soil changes are to be replete to, the soil and contaminated sites, as well as the water purification caused by this, to be remedied and to take care against adverse effects on the soil. In the event of an impact on the soil, impairments of its natural functions and its function as an archive of natural and cultural history should be avoided as much as possible. Non-official table of contents

§ 2 Definitions

(1) Soil within the meaning of this law is the upper layer of the earth's crust, provided that it is the carrier of the earth's crust. (2), including the liquid components (soil solution) and the gaseous components (soil air), without ground water and water beds.(2) The ground fills in the sense of this law
1.
Natural functions as
a)
Life base and habitat for humans, animals, plants and soil organisms,
b)
Part of the natural budget, especially with its water and nutrient cycles,
c)
Degradation-, Balancing and build-up medium for material effects due to filter, buffer and substance conversion properties, especially for the protection of ground water
2.
Functions as an archive of natural and cultural history as well as
3.
Usage functions as
a)
Raw Materials Storage,
b)
Area for Settlement and Recovery,
c)
Location for agricultural and forestry Usage,
d)
Location for other economic and public uses, transport, supply and disposal.
3) Harmful soil changes in the sense This law shall be detrimental to the functions of the soil which are likely to lead to major disadvantages or major nuisances to the general public or to the general public.(4) Areas of suspicion within the meaning of this Act are plots of land in which there is a suspicion of harmful soil changes.(5) contaminated sites within the meaning of this law are
1.
decommissioned waste disposal plants and other waste disposal facilities. Land on which waste has been treated, stored or deposited (deposits), and
2.
Land of decommissioned installations and other land, on which have been dealt with with environmentally hazardous substances, with the exception of installations whose decommissioning requires authorisation under the Atomic Energy Act (Altstandorte),
by means of the harmful soil changes or other hazards to the individual or the general public is evoked.(6) contaminated sites within the meaning of this Act are sites of deposits and old sites where there is a suspicion of harmful soil changes or other hazards to individuals or to the general public.(7) Rehabilitation within the meaning of this Act are measures
1.
for the elimination or reduction of pollutants (Decontamination Measures),
2.
which prevent or reduce the spread of pollutants in the long term without removing the pollutants (Safeguards),
3.
to eliminate or reduce harmful changes in the physical, chemical or biological nature of the Soil.
(8) Protection and restriction measures within the meaning of this Act are other measures which prevent or reduce risks, significant disadvantages or significant nuisance to the general public or the general public, in particular: Usage restrictions. Non-official table of contents

§ 3 Scope of application

(1) This law applies to harmful soil changes and legacy loads, to the extent that: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Regulations of the Circular Economic Law on the application of waste for recovery as Fertilizers within the meaning of § 2 of the Fertiliser Act and of the German Fertilizer Act on the basis of the German Circular Economy Act and the Law of the The provisions of the Law Regulations and the Sewage Sludge Ordinance of 15 June 2012, which are in force in the case of closed-loop waste management and waste management. April 1992 (BGBl. 912), as last amended by Article 9 of the Regulation of 9 December 2008. November 2010 (BGBl. 1504),
2.
The provisions of the Circular Economic Law on the approval and operation of waste disposal plants for the disposal of waste disposal plants. Waste as well as the decommissioning of landfill sites,
3.
Regulations on the transport of dangerous goods,
4.
Rules of fertilizer and plant protection law,
5.
Regulations of the Genetic engineering law,
6.
Regulations of the Second Chapter of the Federal Forest Act and the Forest and Forest Laws of the Länder,
7.
Rules of the Parcel Purification Act, also in conjunction with the Agricultural Adaptation Act,
8.
Rules relating to the construction, modification, maintenance and operation of traffic rules or regulations governing the traffic
9.
Regulations of the Building Planning and Construction Law,
10.
Regulations of the Federal Mining Act and the Legal regulations issued in accordance with this Act concerning the establishment, management or cessation of a holding and
11.
Regulations of the Federal Immission Protection Act and the legal regulations issued pursuant to this Act concerning the establishment and operation of installations, taking into account the provisions of paragraph 3.
do not regulate the soil.(2) This Act shall not apply to installations, activities, equipment or devices, nuclear fuels and other radioactive substances, to the extent that legislation provides protection against the dangers of nuclear energy and the effects of ionizing radiation rules. Furthermore, this law does not apply to the search, the mountains, the promotion, the warehousing, the treatment and the destruction of the means of combat.(3) In view of the protection of the soil, harmful soil changes within the meaning of Section 2 (3) of this Act and the legal regulations issued pursuant to this Act, insofar as they are caused by immissions, are considered harmful. Environmental effects according to § 3 (1) of the Federal Immission Protection Act, other than other hazards, significant disadvantages or significant annoyances pursuant to § 5 paragraph 1 no. 1 of the Federal Immission Control Act. For the purpose of further determination of the statutory obligations for the protection of immission protection, the values laid down in a legal regulation pursuant to Article 8 (2) shall be used as soon as a regulation or administrative regulation of the Federal Republic of Germany has been determined. is, which additional charges by the operation of an installation are not to be regarded as a causal contribution to the emergence of harmful soil changes. The legal regulation or the administrative provision should also provide for the assumption that, if certain emission mass flows are underwritten, even without determining the additional load, it must be assumed that the installation does not cause harmful substances to be harmful to the environment.

Second Part
Principles and obligations

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§ 4 Obligations Regarding Security

(1) Everyone who acts on the ground has to behave in such a way that harmful soil changes are not caused.(2) The property owner and the owner of the actual force via a property shall be obliged to take measures to repel the harmful soil changes which are threatened by their property.(3) The polluter of a harmful soil change or contaminated land, and its successor as a whole, the property owner and the owner of the actual violence over a property shall be obliged to provide the soil and contaminated sites as well as (a) to rehabiliate soil contamination or contaminated soil from water in such a way that there are no permanent hazards, significant disadvantages or significant nuisance to the general public or to the general public. In addition to decontamination, safety measures, which prevent the spread of the pollutants in the long term, are also considered in the case of pollution caused by pollutants. To the extent that this is not possible or unreasonable, other protective measures and restrictions shall be implemented. For the purpose of refurbishment, it is also required who has to stand up for a legal person from a commercial or corporate legal basis who belongs to a property which is subject to a harmful soil change or an old load, and who gives up ownership of such a plot.(4) In the fulfilment of the floor and altload-related obligations referred to in paragraphs 1 to 3, the use of the land for planning purposes and the resulting protection requirement must be observed, insofar as this is done with the protection of the provisions of § 2 para. 2 Points 1 and 2 shall be agreed. In the absence of planning legislation, the area's imprint, taking into account the foreseeable development, determines the need for protection. The requirements to be met in the course of the remediation of waters are determined by the water legislation.(5) Are harmful soil changes or contaminated sites according to the 1. In the light of the above, pollutants must be removed, as long as this is proportionate to the preloading of the soil. This shall not apply to the person who, at the time of the causation, has become familiar due to the fulfilment of the legal requirements applicable to him, that such impairments will not arise and his confidence in Consideration of the circumstances of the individual case is worthy of protection.(6) The former owner of a property shall be obliged to repair it if he/she is the property of the property after 1. It had been known or had to be aware of the harmful soil changes or contaminated sites in this area. This shall not apply to the person who, when acquiring the land, has become familiar with the fact that harmful soil changes or contaminated sites do not exist, and that his confidence is worthy of protection, taking into account the circumstances of the individual case. Unofficial table of contents

§ 5 Unsealing

If the regulations of the building law do not regulate the powers of the authorities, the Federal Government will empowers, after consultation of the parties concerned (§ 20), by means of a regulation with the consent of the Federal Council, to oblige property owners, in the case of permanently no longer used areas, the sealing of which would be contrary to planning law It shall be determined to maintain or restore the ground in its capacity as defined in § 1 as far as possible and reasonable. Pending the entry into force of a legal regulation as referred to in the first sentence, the competent authorities of the country concerned may, on a case-by-case basis, be subject to the arrangements for the purpose of unsealing which have been pleated pursuant to the first sentence, provided that the provisions of the first sentence of Prerequisites are available. Non-official table of contents

§ 6 Up and dumping of materials on or off the ground

The Federal Government is authorized, after hearing the involved parties (§ 20) by means of a regulation with the consent of the Bundesrat to comply with the requirements of this law for the establishment and introduction of materials with regard to pollutant contents and other properties, in particular
1.
Prohibitions or restrictions on the basis of characteristics such as the nature and nature of the Materials and soil, location and time, and natural site conditions, as well as
2.
Materials or soil studies, measures to be taken in order to Pre-treatment of these materials or appropriate other measures
. Non-official table of contents

§ 7 Pre-care

The property owner, the owner of the actual violence on a property, and the person who owns the property. In the case of a plot of land which may lead to changes in the condition of the soil, it is obliged to take the necessary measures to prevent the emergence of harmful soil changes which may be caused by their use on the land. Land or in the area of influence of which can be caused. Precautionary measures are necessary if there is a concern of harmful soil changes due to the spatial, long-term or complex effects of use on soil functions. In order to comply with the obligation to comply with the obligation, soil effects shall be avoided or reduced, insofar as this is also proportionate to the purpose of the use of the land. Arrangements for the protection against harmful soil changes may only be made if requirements are laid down in a legal regulation pursuant to § 8 (2). Compliance with the obligation to provide the land for agricultural land use is determined in accordance with Article 17 (1) and (2), for forestry land use, it is governed by the Second Chapter of the Federal Forest Act and the forestry and forest laws of the Countries. The precautionary measures for groundwater are governed by water legislation. In the case of existing soil loads, the obligations to be fulfilled shall be determined in accordance with § 4. Non-official table of contents

§ 8 Values and requirements

(1) The Federal Government is authorized, after consulting the parties concerned (§ 20), by Ordinance with the consent of the Federal Council Rules on the fulfilment of the obligations related to the soil and altruster arising from § 4, as well as the investigation and evaluation of suspicilyareas, harmful soil changes, to issue old-load suspects and contaminated sites. In particular,
1.
values, when they are exceeded, taking into account the land use carry out a case-by-case examination and determine whether there is a harmful soil change or an old load (test values),
2.
values for influences or loads, when they are exceeded, taking into account the respective land use, as a rule, from a harmful soil change or an old load, and measures are required (measures values),
3.
Requirements on
a)
the defection harmful soil changes, including requirements for the handling of excavated, abraded and treated soil material,
b)
the rehabilitation of the soil and of legacy loads, in particular
-
determining the Rehabilitation target,
-
the scope of decontamination and security measures that prevent the spread of harmful substances in the long term, and
-
Protection and constraint measures
(2) The Federal Government is authorized, after consultation of the parties concerned (§ 20), by means of a regulation with the consent of the Bundesrat, to comply with the obligations arising out of § 7 and to determine the requirements for the related obligations. Investigation and evaluation of areas with the concern of a harmful soil change, in particular on
1.
Ground values, when they are exceeded, taking into account geogenic or large-scale settlement-related pollutant contents, as a rule, it is assumed that the concern of a harmful soil change (precautionary values),
2.
permitted additional loads and requirements to prevent or reduce substance entries.
(3) The values referred to in paragraphs 1 and 2 shall be used to establish procedures for the identification of environmentally hazardous substances in soil, biological and other materials. These procedures also include requirements for representative sampling, sample handling and quality assurance, including the determination of the values for different loads. Non-official table of contents

§ 9 Risk assessment and examination regulations

(1) The competent authority shall provide evidence that: a harmful soil change or contaminated land is available, it shall take appropriate measures to determine the facts of the case. If the test values laid down in a legal regulation pursuant to Article 8 (1), second sentence, point 1 are exceeded, the competent authority shall take the necessary measures to determine whether there is any harmful soil change or contaminated site load. In the context of the investigation and evaluation, in particular the nature and concentration of the pollutants, the possibility of their spread into the environment and their inclusion by humans, animals and plants, and the use of the land according to § 4 (4) are to be found. shall be considered. The property owner and, if it is known, also the holder of the actual violence shall be informed in writing of the findings and the results of the evaluation on request.(2) If, on the basis of specific indications, there is sufficient suspicion of a harmful soil change or an old load, the competent authority may order the persons referred to in Article 4 (3), (5) and (6) to carry out the necessary investigations into the To carry out a risk assessment. The competent authority may require that investigations carried out by experts or bodies of inquiry be carried out in accordance with Section 18. Other duties for the participation of persons referred to in § 4 (3), (5) and (6) as well as duty to pay for the persons affected pursuant to § 12 are determined according to national law. Non-official table of contents

§ 10 Other orders

(1) To fulfill the requirements of § § 4 and 7 and the pursuant to § 5 sentence 1, § § 6 and 8 , the competent authority may take the necessary measures to fulfil obligations. If security measures are ordered in order to fulfil the obligation pursuant to § 4 (3) and (6), the competent authority may require that the pledge provide security for the maintenance of the safety and surveillance measures in the future. Arrangements for the performance of the obligations pursuant to § 7 may be taken, to the extent that requirements are laid down in a regulation. The competent authority may not make an order if it is disproportionate in relation to the legitimate uses of the individual.(2) The competent authority shall meet with regard to the property owner or the owner of the actual force to comply with the obligations laid down in § 4 of the arrangements for the restriction of land and forestry land use and for the management of If the soils are not caused by the harmful soil changes, they shall, in accordance with the national law, provide adequate compensation for the economic disadvantages remaining after reasonable intra-company adjustment measures. if the restriction of use would otherwise result in a significant extra hardship beyond the general load associated with it.

Third part
Supplementary provisions for Altlasts

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§ 11 Collection

The countries can collect the legacy loads and the old-load suspects Control surfaces. Non-official table of contents

§ 12 Information of the persons concerned

According to § 9 (2) sentence 1 for the investigation of the old load and the according to § 4, para. 3, 5 and 6 the owners of the land concerned, the other authorized users concerned and the neighbourhood (affected) concerned have received from the imminent implementation of the planned measures for the rehabilitation of the contaminated land. information. The documents which are essential for the assessment of the measures shall be made available for inspection. Where documents contain commercial or industrial secrets, their content must, in so far as it can be done without the disclosure of the secret, be presented in such detail that it is possible for the parties concerned to take into account the effects of the measures on their concerns. . Non-official table of contents

§ 13 Sanierungsinvestigations and Sanierungspscheduling

(1) For legacy loads, where because of the diversity of the according to § 4 necessary measures are necessary for concerted action or on the basis of the nature, spread or quantity of pollutants, to a particular extent harmful soil changes or other hazards to the individual or to the general public , the competent authority shall, in accordance with section 4 (3), (5) or (6), submit the necessary investigations into the decision on the nature and extent of the necessary measures (reorganisation investigations) and the presentation of a Require a remediation plan, in particular
1.
a summary of the hazard assessment and the Remediation Investigations,
2.
Details of the previous and future use of the plots to be refurbted,
3.
the presentation of the refurbishment target and the necessary decontamination, backup, protection, restriction and self-control measures as well as the timing of these measures
. The Federal Government is authorized, after consultation of the parties concerned (§ 20), to adopt, by means of a legal regulation with the consent of the Federal Council, provisions on the requirements for reorganisation examinations and the content of remediation plans.(2) The competent authority may require that the reorganisation studies and the recovery plan be drawn up by an expert in accordance with § 18.(3) Anyone who has to submit a recovery plan in accordance with paragraph 1 shall inform the persons concerned at an early stage, in an appropriate manner and unsolicly, about the measures envisaged in accordance with § 12. § 12, sentences 2 and 3 shall apply accordingly.(4) The restructuring plan may be used to submit a draft restructuring agreement on the implementation of the plan, which may provide for the inclusion of third parties.(5) In the area of land affected by the remediation of contaminated sites, the first sentence of § 28 (1) of the Circular Economic Law shall not apply if the soil material is to be re-introduced into the area affected by the old-load restoration, if a restructuring plan declared binding is binding. or an order to enforce the obligations laid down in § 4, to ensure that the good of the general public is not affected.(6) The competent authority may make a binding declaration to the plan, including by means of amendments or by side-provisions. A plan declared binding shall include other administrative decisions relating to remediation, with the exception of approval decisions for projects which, in accordance with § 3 in conjunction with the annex to § 3 of the Law on the The environmental impact assessment or the national law of an environmental impact assessment shall be subject, in so far as they have been adopted in agreement with the competent authority in each case, and shall be included in the plan which is declared to be binding. Decisions are listed. Non-official table of contents

§ 14 Administration of remedial planning

The competent authority can draw up the recovery plan in accordance with § 13 para. 1 itself, or be supplemented or supplemented by an expert according to § 18, if
1.
of the plan is not, not within the time limit set by the Authority or technically insufficiently prepared,
2.
an obligation not or not in accordance with § 4 (3), 5 or 6 can be used in good time or
3.
due to the large-scale expansion of the legacy load, the long-range contamination of a body of water based on the old load or on the basis of the number of measures required pursuant to § 4 (3), (5) or (6), coordinated action is required.
§ 13 (3) to (6) shall apply accordingly. unofficial table of contents

§ 15 Public supervision, self-control

(1) subject to legacy and old-load suspicious areas, to the extent that: shall be subject to supervision by the competent authority. In the case of old sites and old deposits, the effectiveness of regulatory approval decisions as well as of subsequent arrangements by the application of this law remains unaffected.(2) Where an old load is present, the competent authority may, where necessary, carry out self-control measures, in particular soil and water investigations, as well as the establishment and the Require operation of measuring points. The results of the self-control measures shall be recorded and shall be kept for five years. The competent authority may order a longer-term storage, as far as is necessary on a case-by-case basis. The competent authority may also order self-control measures after the implementation of decontamination, security and restriction measures. It may require the self-control measures to be carried out by an expert in accordance with § 18.(3) The results of the self-control measures shall be communicated to the competent authority upon request by the competent authority pursuant to § 4 (3), (5) or (6). It shall keep these records and the results of their monitoring activities for five years. Non-official table of contents

§ 16 Supplementary arrangements for remediation of the old load

(1) In addition to the orders provided for in the second part of this law the competent authority may make the necessary arrangements for the performance of the obligations arising from the third part of this Act.(2) Insofar as a restructuring plan declared binding in accordance with section 13 (6) does not exist, arrangements for the enforcement of the obligations pursuant to § 4 other administrative decisions relating to the remediation shall be concluded, with the exception of Approval decisions for projects subject to an environmental impact assessment pursuant to § 3 of the Law on Environmental Impact Assessment or State Law § 3 of the Law on Environmental Impact Assessment or the Land Law, in so far as they are subject to the agreement of: of the respective competent authority and in the order of the included decisions.

Part Four
Land Use Land Use

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§ 17 Good Professional Practice in Agriculture

(1) In the case of agricultural land use, the primary care shall be § 7 is fulfilled by the good professional practice. In their advisory activities, the agricultural advisory bodies responsible under national law shall communicate the principles of good professional practice as referred to in paragraph 2.(2) Principles of good professional practice of agricultural land use are the sustainable safeguarding of soil fertility and performance of soil as a natural resource. In particular, the principles of good professional practice include
1.
the tillage of the soil under To take account of the weather in principle, must be site-adjusted,
2.
the floor structure is obtained or improved,
3.
Soil compensations, in particular by taking into account the soil type, soil moisture and the equipment used by the agricultural land use Soil pressure, as far as possible avoided,
4.
Land yields by site-adapted use, in particular by taking into account the slope inclination, the water-
5.
the nature-concrete structural elements of the field corridor, in particular hedges, field trees, rock drains, and arable terraces that are necessary to protect the soil,
6.
The biological activity of the soil is obtained by appropriate crop rotation or is promoted and
7.
the site-typical humus content of the soil, in particular by a sufficient supply of organic matter or by reduction of the
() The obligations under § 4 shall be fulfilled by compliance with the regulations referred to in § 3 (1); they do not contain any requirements for the security of the security and do not result from the security requirements. Principles of good practice referred to in paragraph 2, the other provisions of this Act shall apply.

Fifth Part
Final Provisions

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§ 18 experts and investigative bodies

experts and investigative bodies that perform tasks under this law must be responsible for these tasks possess the necessary expertise and reliability, as well as the equipment necessary for the equipment. Countries may provide details of the requirements, nature and extent of the tasks to be carried out by experts and investigative bodies as set out in the first sentence, the presentation of the results of their activities and the disclosure of: Experts who meet the requirements set out in the first sentence of the first sentence. Non-official table of contents

§ 19 Data transfer

(1) Insofar as a data transfer between the federal government and the federal states to fulfil the respective tasks this law is necessary, the scope, content and costs of the mutual exchange of data shall be governed by an administrative agreement between the federal government and the Länder. The transfer of personal data is inadmissible.(2) The Federal Government may establish a country-by-country soil information system for federal tasks using the data transmitted by countries. Unofficial Table Of Contents

§ 20 Stakeholder Consultation

As far as authorisations are granted for the adoption of legal regulations, the hearing of the parties concerned A group of representatives of the scientific community, the interested parties, the economy, agriculture, forestry, the natural and environmental protection associations, the archaeological heritage conservation, the municipal authorities, the municipal authorities, the municipal authorities, the local authorities, the municipal authorities, the local authorities, and the local authorities. To listen to top associations and the top national authorities responsible for soil protection, the contaminated sites, the geoscientific interests and the water industry. If the legislation referred to in the first sentence is to contain provisions on land and forestry land use, it is also necessary to hear the supreme state authorities responsible for agriculture and forestry. Non-official table of contents

§ 21 State regulations

(1) The countries may be eligible for the second and third parts of this law. adopt additional procedural arrangements.(2) Countries may determine, in addition to the old-load suspicious areas and contaminated sites regulated in the third part, certain suspected areas
1.
to be collected by the competent authority and
2.
from the competent authority's catering , and
, in the event of harmful soil changes, of which, due to the nature, propagation or quantity of the pollutants, there are particular risks, significant disadvantages or significant nuisances to the individual or to the Generality,
1.
Sanation investigations, as well as the creation of remediation plans and
2.
to perform self-control
.(3) In addition, countries may designate areas where land-like harmful soil changes occur or are to be expected, and determine the measures to be taken there, as well as other provisions on land-related measures of soil protection meet.(4) Countries may determine that land information systems are established and maintained for the territory of their country or for certain parts of the territory. In particular, data on permanent observation plots and soil condition studies on the physical, chemical and biological properties of the soil and on the use of land may be recorded. Countries may regulate the obligation of land owners and actual force majeure owners to carry out land-based land-based investigations required for land information systems. In this connection, consideration should be given to the legitimate concerns of these persons and to provide compensation for damage caused by investigations. Non-official table of contents

§ 22 fulfillment of binding decisions of the European Communities

(1) For the fulfilment of binding decisions of the With the consent of the Federal Council, the Federal Government may, with the consent of the Federal Council, on the determination of the values referred to in § 8 (1) and (2), including the necessary measures for the determination and determination of the values referred to in § 8 (1) and Monitoring of these values.(2) The measures laid down in the legal regulations referred to in paragraph 1 shall be determined by orders or other decisions taken by the competent bodies of public administrations in accordance with this Act or by other federal and state legislation. , in so far as planning-law provisions are provided for, the competent planning bodies shall have to decide whether and to what extent planning should be considered. Non-official table of contents

§ 23 National Defense

(1) The Federal Ministry of Defense may exempt from this law and from the exceptions to this Act. Law-based legal regulations, in so far as these require compelling reasons of defence or the fulfilment of intergovernmental obligations. The protection against harmful soil changes must be taken into account.(2) The Federal Government is authorized, with the consent of the Federal Council, to determine by means of a decree law that the enforcement of this Act and the legal regulations based on this law in the Division of the Federal Ministry of Defence and for the armed forces stationed in the Federal Republic of Germany on the basis of international treaties, it is the responsibility of the Federal Ministry of Defence or of the bodies designated by it. Non-official table of contents

§ 24 costs

(1) The costs of the pursuant to § 9 para. 2, § 10 para. 1, § § 12, 13, 14 sentence 1 No. 1, § 15 para. 2 and § 16 para. 1 the measures ordered shall be carried out for the implementation of the programme. If, in the case of § 9 (2) sentence 1, the investigation does not confirm the suspicion or if the conditions of § 10 (2) are fulfilled, the costs to be reimbursed shall be reimbursed if they do not give rise to the suspicion-based circumstances. They have represented. In the cases of § 14, first sentence, no. 2 and 3, the costs which could have been charged for the establishment of a recovery plan shall be borne by the person responsible for the costs.(2) A number of pledges have an equalisation claim, irrespective of their use. Unless otherwise agreed, the obligation to compensate and the extent of the compensation to be paid shall depend on the extent to which the risk or damage has been caused primarily by one or the other part; § 426 (1) The second sentence of the Civil Code shall be applicable. The compensation claim shall be statute-barred in three years; § § 438, 548 and 606 of the Civil Code shall not be applied. The limitation period shall begin after the recovery of the costs when a public authority carries out the measures itself, after the completion of the measures by the pledge at the time when the pledge is received by the person of the person liable to pay the replacement Knowledge gained. The compensation claim shall be statute-barred without regard to this knowledge thirty years after the end of the measures. Disputes shall be open to legal proceedings before the ordinary courts. Non-official table of contents

§ 25 Value equalation

(1) As far as the use of public funds is required for measures to fulfil the obligations under § 4 of the The value of the transport value of a property is not only insignificantly increased and the owner has not, or has not fully carried out, the costs of such a property, he shall have a compensation equal to the action of the measure to be determined by the competent authority. To increase the value of the public cost carrier. The amount of the compensatory amount shall be limited by the amount of public funds used. The obligation to compensate for the compensation does not arise in so far as, with regard to the harmful soil changes or contaminated sites present on a property, an exemption from the responsibility or the obligation to be charged pursuant to Article 1 (4) (3) sentence 1 of the Environmental Framework Act of 29. June 1990 (GBl. 649), as last amended by Article 12 of the Law of 22. March 1991 (BGBl. 766), which has been in force in force. In so far as measures within the meaning of the first sentence are carried out by the municipality in formally defined redevelopment areas or areas of development, the increase in the value of the transport value resulting from this shall be the result of the compensatory amount. in accordance with Section 154 of the Civil Code.(2) The increase in the value of a land plot due to remedial measures consists of the difference between the value which would result for the property if the measures had not been carried out (initial value), and the increase in the value of the land would be the same as the value of the land. (3) The amount of the compensatory amount shall be due if the security or remediation is completed and the amount is paid by the competent authority. has been fixed. The obligation to pay compensation shall be terminated if the amount has not been fixed by the end of the fourth year following completion of the security or remediation operation.(4) The competent authority shall deduct from the compensation referred to in paragraph 1 the expenses incurred by the owner for his own measures of securing or remediation or which he has used for the acquisition of the land on the basis of justified trust, that there are no harmful soil changes or contaminated sites. Where the owner of a third party is able to obtain a replacement, this shall be taken into account in the decision taken in accordance with the first sentence.(5) In individual cases, the fixing of a compensatory amount may, in whole or in part, be waiver if this is necessary in the public interest or in order to avoid unreasonable hardship. Where the costs of securing or remediation are reimbursed to the public cost carrier, the amount of the compensatory amount shall be fixed in so far as the compensatory amount is fixed, or a compensatory amount already paid shall be reimbursed .(6) The compensatory amount shall be as a public burden on the property. The Federal Ministry of Justice is authorized to regulate the manner in which the existence of the public burden is to be indicated in the land register by means of a regulation with the consent of the Federal Council. Non-official table of contents

§ 26 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
a legal regulation pursuant to § 5 sentence 1, § 6, 8 para. 1 or § 22 para. 1 or a fully-enforceable In so far as the legal regulation refers to that fine, the order is contrary to such a decree law.
2.
of a fully retractable arrangement in accordance with § 10 paragraph 1 sentence 1, insofar as it refers to an obligation pursuant to § 4 para. 3, 5 or 6,
3.
a workable arrangement according to § 13 para. 1 or § 15 para. 2 sentence 1, 3 or 4 is contrary or
4.
contrary to § 15 para. 3 sentence 1 a notice does not make a notice, not correct, not complete or not timely.
(2) The administrative offence can be found in the cases referred to in paragraph 1 (1). 2 with a fine of up to fifty thousand euros, in the other cases with a fine of up to ten thousand euros.