Advanced Search

Law for the protection against harmful soil changes and the remediation of contaminated sites

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

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

Unofficial table of contents

BBodSchG

Date of completion: 17.03.1998

Full quote:

" Federal Soil Protection Act of 17 March 1998 (BGBl. 502), as last amended by Article 5 (30) of the Law of 24 February 2012 (BGBl). 212) has been amended "

Status: Last amended by Art. 5 Abs. 30 G v. 24.2.2012 I 212

For more details, please refer to the menu under Notes

Footnote

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

The G was decided as Article 1 G v. 17.3.1998 I 502 by the Bundestag with the consent of the Bundesrat and is in accordance with the provisions of the German Bundestag. Article 4, second sentence, of this G on 1.3.1999 shall enter into force. 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 Summary

Part one
General provisions
§ 1 Purpose and principles of the law
§ 2 Definitions
§ 3 Scope
Part two
Principles and obligations
§ 4 Obligations on security
§ 5 Unsealing
§ 6 Application and introduction of materials on or into the ground
§ 7 Pre-care
§ 8 Values and requirements
§ 9 Risk assessment and investigative orders
§ 10 Other arrangements
Part Three
Supplementary provisions for contaminated sites
§ 11 Collection
§ 12 Information of the persons concerned
§ 13 Refurbishment investigations and refurbishment planning
§ 14 Government refurbelling planning
§ 15 Regulatory monitoring, self-control
§ 16 Supplementary arrangements for the remediation of contaminated sites
Fourth part
Agricultural land use
§ 17 Good practice in agriculture
Fifth Part
Final provisions
§ 18 Experts and investigative bodies
§ 19 Data transfer
§ 20 Stakeholder Consultation
Section 21 National legislation
Section 22 Fulfilment of binding decisions of the European Communities
Section 23 National Defense
§ 24 Cost
Section 25 Value alignment
Section 26 Fines

Part one
General provisions

Unofficial table of contents

§ 1 Purpose and principles of the law

The 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 far as possible. Unofficial table of contents

§ 2 Definitions

(1) Soil within the meaning of this Act shall be the upper layer of the earth's crust, insofar as it is the carrier of the soil functions referred to in paragraph 2, including the liquid components (soil solution) and the gaseous constituents (soil air), without Ground water and waterbeds. (2) The soil meets the requirements of this law
1.
natural functions as
a)
Livelihood and habitat for humans, animals, plants and soil organisms,
b)
Part of the natural balance, in particular with its water and nutrient cycles,
c)
Reduction, equalization and build-up medium for material effects due to filter, buffer and substance conversion properties, in particular also for the protection of groundwater,
2.
Functions as an archive of natural and cultural history as well as
3.
Usage functions as
a)
Raw material storage facility,
b)
Area for settlement and recreation,
c)
Location for agricultural and forestry use,
d)
Location for other economic and public uses, transport, supply and disposal.
(3) Harmful soil changes within the meaning of this Act are adverse effects on soil functions which are likely to lead to major disadvantages or major annoyances to the individual or to the general public. (4) Suspected areas within the meaning of this Act are land plots where there is a suspicion of harmful soil changes. (5) Contaminated sites within the meaning of this Act are
1.
waste disposal installations as well as any other land on which waste has been treated, stored or deposited (deposits); and
2.
land set aside and other land which has been dealt with with environmentally hazardous substances, with the exception of installations whose closure requires authorisation under the Atomic Energy Act (Altstandorte),
which are caused by harmful soil changes or other hazards to the individual or the general public. (6) Suspected areas of contaminated sites within the meaning of this Act are waste deposits and sites where the suspicion of harmful substances is harmful to the environment. (7) Rehabilitation within the meaning of this Act are measures taken in accordance with the provisions of this Act.
1.
for the elimination or reduction of pollutants (decontamination measures),
2.
preventing or reducing, in the long term, the spread of pollutants without removing the pollutants (safeguards),
3.
for the elimination or reduction of harmful changes in the physical, chemical or biological properties 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: Use restrictions. Unofficial table of contents

§ 3 Scope

(1) This Act shall apply to harmful soil changes and contaminated sites, to the extent that:
1.
Provisions of the German Circular Economic Law on the application of waste for recovery as a fertilizer within the meaning of § 2 of the Fertiliser Act and of the German Circular Economy Act on the basis of the German Circular Economic Law and the Law on Circular Economy and of Circulatory economic and waste legislation and the Ordinance on Sewage Sludge of 15 April 1992 (BGBl. 912), as last amended by Article 9 of the Regulation of 9 November 2010 (BGBl I). 1504),
2.
Provisions of the Circular Economic Law on the approval and operation of waste disposal facilities for the disposal of waste and on the decommissioning of landfills,
3.
Provisions relating to the transport of dangerous goods,
4.
Rules of fertilizer and plant protection law,
5.
Regulations of the Gentechnikgesetz,
6.
Regulations of the Second Chapter of the Federal Forest Act and the forestry and forest laws of the Länder,
7.
Provisions of the Parcel Cleanup Act, also in conjunction with the Agricultural Adjustment Act, on the land cleaning area,
8.
provisions relating to the construction, modification, maintenance and operation of traffic routes or rules governing the movement of traffic;
9.
the rules of the right of construction planning and the right of construction,
10.
Regulations of the Federal Mining Act and of the legal regulations issued pursuant to this Act concerning the establishment, guidance or cessation of a holding, and
11.
Regulations of the Federal Immission Protection Act and the legal regulations adopted pursuant to this Act concerning the establishment and operation of installations, taking into account paragraph 3
(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 effect of ionizing radiation. In addition, this law does not apply to the search, mountains, transport, storage, treatment and destruction of weapons. (3) With regard to the ground of protection, soil is subject to harmful soil changes within the meaning of Section 2 (3) of this Act and of the grounds on which it is based. This law, insofar as it is caused by immissions, is a harmful environmental impact in accordance with Section 3 (1) of the Federal Immission Control Act, other than other hazards, significant disadvantages or significant Harassment in accordance with § 5 paragraph 1 no. 1 of the Federal Immission Protection 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 determined in a legal regulation or in an administrative provision of the federal government. 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 effects on the environment. Soil changes contribute.

Part two
Principles and obligations

Unofficial table of contents

Section 4 Obligations on security

(1) Any person who acts on the ground shall behave in such a way that harmful soil changes are not caused. (2) The property owner and the owner of the actual violence of a property shall be obliged to take measures to: (3) The polluter of a harmful soil change or contaminated land load, as well as its overall legal successor, the land owner and the owner of the actual property. Violence over a property is obliged to the soil and contaminated sites as well as through (a) to rehabiliate soil contamination or contaminated soil from water in such a way that there is no permanent risk, major drawbacks or significant nuisance to the individual or 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 protection and restriction measures must be carried out. 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 owns a property that is burdened with a harmful soil change or an old load, and who gives up ownership of such land. (4) In the fulfilment of the obligations relating to the soil and the altrusts referred to in paragraphs 1 to 3, the use of the land for planning purposes and the resulting need for protection shall be as far as this is concerned with the protection of the persons referred to in Article 2 (2) (2) (1) and ( Soil functions are to 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 water law. (5) Where harmful soil changes or contaminated sites occurred after 1 March 1999, pollutants shall be removed, in so far as this is concerned with the The preloading of the soil is relatively high. 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 (6) The former owner of a property shall be obliged to recharge if he has transferred his property after 1 March 1999 and if the harmful soil change or contaminated land has been transferred to the property. who knew or had to know. 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

Insofar as the provisions of the building law do not regulate the powers of the authorities, the Federal Government is authorized, after consultation of the parties concerned (§ 20), to oblige property owners by means of a legal regulation with the consent of the Federal Council, in the case of permanently no longer used surfaces, the sealing of which is contrary to planning law, to maintain or restore the soil in its capacity as defined in § 1 as far as possible and reasonable. Pending the entry into force of a legal regulation in accordance with the first sentence, the competent authorities of the country concerned may, on a case-by-case basis, be subject to the provisions of the first sentence of the scheme for the purpose of unsettling, provided that the provisions of the first sentence of the first sentence Prerequisites are available. Unofficial table of contents

§ 6 On-and introduction of materials on or into the ground

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 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 the soil, the place and time of application and the natural location of the site, and
2.
Studies of materials or soil, measures for the pre-treatment of such materials, or appropriate other measures
shall be determined. Unofficial table of contents

§ 7 Pre-care

The property owner, who carries out the actual use of force via a property and the person who carries out or is able to carry out the activities on a property which may lead to changes in the condition of the soil, shall be obliged to: to take precautions against the emergence of harmful soil changes which may be caused by their use on the land or in the area of impact thereof. 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). The fulfillment of the obligation to provide the land for agricultural land use is governed by 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. Unofficial table of contents

§ 8 Values and requirements

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 20), by means of a regulation with the consent of the Federal Council, regulations on the fulfilment of the obligations relating to the soil and altrustas arising from § 4, as well as the obligations of the Federal Government. Investigation and evaluation of suspected areas, harmful soil changes, contaminated sites and contaminated sites. In particular:
1.
values which, when they are exceeded, shall be subject to a case-by-case study, taking into account the use of land, and whether there is a harmful soil change or contaminated site load (test values),
2.
values for effects or loads which, taking into account the respective land use, are generally considered to be from a harmful soil change or an old load, and measures are required (measures values),
3.
Requests to
a)
the defence of harmful soil changes, including requirements for the handling of excavated, abraded and treated soil material;
b)
the rehabilitation of the soil and of contaminated sites, in particular:
-
the determination of the rehabilitation target to be achieved;
-
the scope of decontamination and security measures that prevent the spread of pollutants in the long term, and
-
Protection and restriction 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 as well as to establish requirements for the in order to establish rules for the investigation and evaluation of areas concerned with the concern of harmful soil changes, in particular on:
1.
soil values, when they are exceeded, taking into account geogenic or large-scale concentrations of pollutants, as a rule, it is to be assumed that there is a concern of a harmful soil change (precautionary values);
2.
permissible additional loads and requirements for the avoidance or reduction of 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. Unofficial table of contents

§ 9 Risk assessment and examination regulations

If the competent authority provides evidence that there is a harmful soil change or contaminated land, it shall take the appropriate measures to determine the facts. 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 establish whether there is a harmful soil change or an old 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. consideration. The owner of the property and, if it is known, also the owner of the actual violence shall be informed in writing of the findings and the results of the evaluation on request. (2) If there is a concrete reason to do so, the owner of the actual violence shall be informed. The competent authority may order the persons referred to in Article 4 (3), (5) and (6) to carry out the necessary investigations into the risk assessment, if there is evidence of the reasonable suspicion of a harmful soil change or of an old load. . 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. Unofficial table of contents

§ 10 Other orders

(1) In order to comply with the obligations arising from § § 4 and 7 and the legal regulations issued pursuant to § 5 sentence 1, § 6 and 8, the competent authority may take the necessary measures. If security measures are ordered to fulfil the obligation to comply with § 4 (3) and (6), the competent authority may require that the pledge provide security for the maintenance of the security 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 interests of the user. (2) The competent authority shall meet the land owner or the holder of the In order to fulfil the obligations laid down in Article 4 of the Treaty on the restriction of land and forestry land use as well as the management of soils, it shall, if these are not the cause of the harmful soil changes, for the remaining intra-company adjustment measures economic disadvantages, in accordance with the national law, to provide reasonable compensation if the restriction of use would otherwise lead to a particular hardship considerably exceeding the general burden associated with it.

Part Three
Supplementary provisions for contaminated sites

Unofficial table of contents

§ 11 Collection

The countries can regulate the collection of contaminated sites and old-load suspicious areas. Unofficial table of contents

§ 12 Information of the persons concerned

The provisions of Section 9 (2) sentence 1 for the investigation of the old load and the provisions of § 4 (3), (5) and (6) for the restoration of the old load have the owners of the land concerned, the other persons entitled to use and the affected persons concerned. The neighbourhood (interested parties) should be informed of the imminent implementation of the planned measures. 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. . Unofficial table of contents

§ 13 Sanierungsinvestigations and SanierungspPlanning

(1) In the case of contaminated sites where, due to the diversity of the measures required in accordance with § 4, concerted action is necessary or of which, due to the nature, propagation or quantity of pollutants, harmful substances are particularly harmful The competent authority shall, in accordance with Article 4 (3), (5) or (6), undertake the necessary investigations into the decision on the type and extent of the soil or other risks for the individual or the general public. the necessary measures (refurbishment investigations) and the presentation of a recovery plan which shall, in particular:
1.
a summary of the hazard assessment and of the remediation studies;
2.
information on the previous and future use of the land to be renovated;
3.
the presentation of the redevelopment objective and the necessary decontamination, security, protection, restriction and self-control measures as well as the implementation of these measures in time
. 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 concerning the requirements for reorganisation examinations and the content of remediation plans. (2) The competent authority may require that the reorganisation investigations 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, in accordance with § 12, have an early date, in be informed of the planned measures in an appropriate manner and without being requested . § 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) Insofar as removed soil material in the area of the plan of § 28 (1) sentence 1 of the Circular Economic Law does not apply if a restructuring plan declared binding or an order to enforce the obligations according to § § § 28 (1) of the German Circular Economy Act (Circular Economic Law) does not apply. 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-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. Unofficial table of contents

§ 14 Administration of remedial planning

The competent authority may draw up or supplement the recovery plan in accordance with Article 13 (1) itself, or have it drawn up or supplemented by an expert according to § 18, if:
1.
the plan has not been drawn up within the time limit set by the Authority or not sufficiently technically,
2.
a commitment made pursuant to section 4 (3), (5) or (6) cannot be used or cannot be used in good time, or
3.
on the basis of the large-scale extension of the old load, the extensive pollution of a body of water based on the old load, or the number of people pledging in accordance with Section 4 (3), (5) or (6), a coordinated approach is required.
Section 13 (3) to (6) shall apply accordingly. Unofficial table of contents

§ 15 Public supervision, self-control

(1) The competent authority shall, where necessary, be subject to contaminated sites and suspected old-load suspects. In the case of old sites and deposits, the effectiveness of regulatory approval decisions and subsequent arrangements is not affected by the application of this law. (2) If an old load is present, the competent authority may be in accordance with section 4 (3), (5) or (6), require the carrying out of self-control measures, in particular soil and water tests, as well as the establishment and 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 that the self-control measures be carried out by an expert according to § 18. (3) The results of the self-control measures shall be carried out by the competent authority according to § 4 (3), (5) or (6) upon request. . It shall keep these records and the results of their monitoring activities for five years. Unofficial table of contents

Section 16 Supplementary arrangements for the remediation of contaminated sites

(1) In addition to the orders provided for in the second part of this Act, the competent authority may make the necessary arrangements to comply with the obligations arising out of the third part of this Act. (2) Insofar as one is bound by The statement of reorganisation measures in accordance with § 13 (6) does not exist, close orders for the enforcement of the duties according to § 4 other official decisions relating to the remediation, with the exception of approval decisions for projects, which according to § 3 in connection with the Appendix 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 are adopted in agreement with the relevant competent authority, and shall be subject to the decisions taken with the agreement. .

Fourth part
Agricultural land use

Unofficial table of contents

§ 17 Good technical practice in agriculture

(1) In the case of land use of agricultural land, the obligation of advance care in accordance with § 7 shall be fulfilled by the good professional practice. The agricultural advisory bodies responsible under national law shall, in their advisory activities, communicate the principles of good professional practice referred to in paragraph 2. (2) Principles of good professional practice of agricultural Land use is the sustainable safeguard of soil fertility and soil performance as a natural resource. In particular, the principles of good professional practice include:
1.
the tillage has to be carried out in accordance with the weather conditions, taking into account the weather conditions,
2.
the soil structure is maintained or improved,
3.
Soil compaction, in particular by taking into account soil type, soil moisture and soil pressure from the equipment used for agricultural land use, shall be avoided as far as possible,
4.
The use of land-based waste by site-adapted use, in particular by taking account of slope inclination, water and wind conditions as well as land cover, shall be avoided as far as possible,
5.
the natural-concreted structural elements of the field corridor, in particular hedges, field trees, rock drains and farmland terraces, which are necessary for the protection of the soil, shall be preserved,
6.
the biological activity of the soil is obtained or promoted by means of appropriate crop rotation; and
7.
the site-typical humus content of the soil is obtained, in particular by a sufficient supply of organic matter or by reduction of the processing intensity.
(3) The obligations laid down in § 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 principles of good professional practice according to the principles of § 3 (1). (2), the other provisions of this Act shall apply.

Fifth Part
Final provisions

Unofficial table of contents

Section 18 Experts and investigative bodies

Experts and investigative bodies carrying out tasks under this Act shall have the necessary expertise and reliability required for these tasks, as well as the equipment necessary for the equipment required. 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. Unofficial table of contents

§ 19 Data transfer

(1) To the extent that a data transfer between the Federal Government and the Länder is necessary for the fulfilment of the respective tasks of this law, the scope, content and costs of the mutual exchange of data shall be set out in an administrative agreement between the Federal Government and the Federal Government. Countries. The transmission of personal data is inadmissible. (2) The federal government can establish a country-by-country soil information system for federal tasks using the data transmitted by countries. Unofficial table of contents

Section 20 Consultation of interested parties

To the extent that authorisations for the adoption of legal regulations prescribe the consultation of the parties concerned, a group of representatives of the scientific community, the interested parties, the economy, agriculture, forestry and nature, to be selected, shall be selected. and environmental protection associations, the archaeological heritage protection, the municipal leaders ' associations and the top national authorities responsible for the protection of the soil, 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. Unofficial table of contents

§ 21 State regulations

(1) In order to implement the second and third parts of this Act, the countries may adopt additional procedural rules. (2) Countries may decide to extend beyond the period of suspect land and contaminated sites regulated in Part Three. certain roof areas
1.
to be collected by the competent authority, and
2.
shall be notified by the competent authority of the pledges, and
that, in the event of adverse changes in the soil, which, due to the nature, propagation or quantity of the harmful substances, are particularly dangerous, significant disadvantages or significant nuisance to the individual or the general public are to be considered;
1.
Refurbishment investigations as well as the preparation of refurbishment plans and
2.
the implementation of own-control measures
(3) In addition, countries may designate areas in which land-like harmful soil changes occur or are to be expected and determine the measures to be taken there, as well as other arrangements for area-related (4) Countries may decide to set up and run soil information systems 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. Unofficial table of contents

Section 22fulfilment of binding decisions of the European Communities

(1) In order to comply with binding decisions of the European Communities, the Federal Government may, with the consent of the Federal Council, provide for the setting of the values referred to in Article 8 (1) and (2) with the consent of the Federal Council. , including the necessary measures for the identification and monitoring of these values. (2) The measures laid down in the legal regulations referred to in paragraph 1 shall be taken by orders or other decisions taken by the competent bodies of public Administrations according to this Act or under 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. Unofficial table of contents

Section 23 National Defence

(1) The Federal Ministry of Defence may grant exemptions from this Act and from the legal regulations based on this Act, in so far as these are compelling reasons for the defence or the fulfilment of intergovernmental obligations. . The Federal Government is authorized to determine by means of a decree law with the consent of the Bundesrat, that the law and the law based on this law should be uphold. Legal regulations in the Division of the Federal Ministry of Defence and the armed forces stationed in the Federal Republic of Germany under international law treaties to the Federal Ministry of Defense or to the armed forces determined by it. Bodies are responsible. Unofficial table of contents

§ 24 Costs

(1) The costs of the measures arranged pursuant to § 9 (2), § 10 (1), § § 12, 13, 14 sentence 1 No. 1, § 15 (2) and § 16 (1) shall be borne by the measures to be carried out. If, in the case of § 9 (2) sentence 1, the investigations confirm the suspicion, or if the requirements of § 10 (2) are met, the costs to be reimbursed are to be reimbursed if they do not give rise to the suspicion-based circumstances. . In the cases of § 14, first sentence, no. 2 and 3, the costs of which the establishment of a restructuring plan could have been demanded shall be borne. (2) A number of pledges have, independently of their use, a compensation claim. 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 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. Unofficial table of contents

§ 25 Value equalation

(1) Insofar as the use of public funds for measures to fulfil the obligations under § 4 of the traffic value of a property is not only insignificantly increased and the owner has not, or has not fully carried out, the costs for this purpose, has he/she shall make a value increase to be determined by the competent authority in the amount of the increase in value to be paid to 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 I). 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 traffic resulting from this shall be carried out within the framework of the (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 were to be taken into account. would not have been carried out (initial value), and the traffic value for the Land after completion of the exploration and remediation measures (final value). (3) The compensatory amount shall be due if the security or remediation is completed and the amount has been fixed by the competent authority. The obligation to pay compensation shall be terminated if the amount has not been fixed by the end of the fourth year following the completion of the security or remediation. (4) The competent authority shall have the costs of the compensation referred to in paragraph 1 , which the owner has used for his own measures of securing or remediation, or which he has used for the acquisition of the land in the justified confidence that no harmful soil changes or contaminated sites are present. If the owner of a third party is able to obtain a replacement, this shall be taken into account in the decision as set out in the first sentence. (5) In individual cases, the fixing of a compensatory amount may, in whole or in part, be disregarded if it is 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 charged 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. Unofficial table of contents

Section 26 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
a legal regulation pursuant to § 5 sentence 1, § 6, 8 (1) or § 22 (1) or a enforceable order is contrary to such a decree, in so far as the legal regulation for a specific event is subject to this fine-fine law References
2.
in accordance with § 10 (1) sentence 1, insofar as it relates to a duty pursuant to § 4 (3), (5) or (6),
3.
an enforceable arrangement according to § 13 (1) or § 15 (2) sentence 1, 3 or 4 is contrary or
4.
Contrary to Section 15 (3) sentence 1, a communication does not make it correct, not complete or not in good time.
(2) In the cases referred to in paragraph 1 (2), the administrative offence may be punishable by a fine of up to EUR 50 000 and, in the other cases, with a fine of up to ten thousand euros.