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Law on the prevention and remedying of environmental damage

Original Language Title: Gesetz über die Vermeidung und Sanierung von Umweltschäden

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Law on the prevention and remedying of environmental damage (Environmental damage law-USchadG)

Unofficial table of contents

USchadG

Date of completion: 10.05.2007

Full quote:

" Environmental Damage Act of 10 May 2007 (BGBl. 666), as last amended by Article 4 of the Law of 23 July 2013 (BGBl. 2565).

Status: Last amended by Art. 4 G v. 23.7.2013 I 2565

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 14.11.2007 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 35/2004 (CELEX Nr: 32004L0035)
Implementation of the
ERL 35/2004 (CELEX Nr: 32004L0035) see Art. 3 G v. 17.8.2012 I 1726 + + +)

This law is designed to implement Directive 2004 /35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 327, 30.4.2004, p. EU No L 143 p. 56).
The G was referred to as Art. 1 d. G v. 10.5.2007 I 666 (USchadUmsG). It occurs gem. Article 4, first sentence, of this G in force on 14 November 2007. Unofficial table of contents

§ 1 Relationship with other provisions

This law shall apply insofar as federal or state legislation does not determine the prevention and remedying of environmental damage or does not comply with the requirements of this law. Legislation with more stringent requirements shall remain unaffected. Unofficial table of contents

§ 2 Definitions

Within the meaning of this Act,
1.
Environmental damage:
a)
damage to species and natural habitats in accordance with § 19 of the German Federal Nature Protection Act (Bundesnaturschutzgesetz),
b)
damage to the aquatic environment in accordance with Section 90 of the Water Resources Act;
c)
damage to the soil by impairment of the soil functions within the meaning of Article 2 (2) of the Federal Soil Protection Act, which is caused by a direct or indirect introduction of substances, preparations, organisms or micro-organisms into, or in, the soil, in or has been caused by the soil and is causing risks to human health;
2.
damage or injury: a directly or indirectly occurring detectable adverse change to a natural resource (species and natural habitats, water and soil) or impairment of the function of a natural resource;
3.
Person responsible: any natural or legal person who pursues or determines a professional activity, including the holder of an authorisation or authorisation for such an activity or the person who signs such activity; or , and thus directly inflicted environmental damage or the imminent threat of such damage;
4.
' professional activity ' means any activity carried out in the course of an economic activity, a business activity or an undertaking, whether private or public, with or without a working character;
5.
direct risk of environmental damage: the reasonable likelihood of environmental damage being caused in the near future;
6.
Prevention measure: any measure to prevent or minimise such damage in the event of an imminent threat of environmental damage;
7.
Damage limitation measure: any measure to immediately control, contain, remove or otherwise treat the pollutants or other harmful factors in question in order to prevent further environmental damage and adverse effects to limit or avoid human health or any further impairment of functions;
8.
-remedial action: any measure to ensure that environmental damage is remedied in accordance with the technical regulations;
9.
Costs: the costs necessary for the proper and effective implementation of this law, including the costs of examining an environmental damage, an imminent threat of such damage, of alternative measures and of the cost of such damage. administrative and procedural costs and the cost of enforcement of the measures, the costs of data collection, other overhead costs and the costs of supervision and supervision;
10.
technical regulations: the regulations of the Federal Nature Protection Act, the German Water Resources Act and the Federal Soil Protection Act, as well as the regulations issued for their implementation.
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§ 3 Scope

(1) This Act shall apply to:
1.
environmental damage and direct risks of such damage caused by one of the occupational activities listed in Appendix 1;
2.
Damage to species and natural habitats within the meaning of Article 19 (2) and (3) of the Federal Nature Protection Act and direct risks of such damage caused by other occupational activities other than those listed in Appendix 1, provided that: the person responsible has acted intentionally or negligently.
(2) In the context of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 (BGBl I), damage to species and natural habitats and the imminent threat of such damage are subject to this law. 1799), also in the area of the exclusive economic zone and the continental shelf. (3) This law does not apply to environmental damage or the imminent threat of such damage if it is caused by
1.
armed conflicts, hostilities, civil war or riots,
2.
an extraordinary, incalculable and non-influenceable natural event,
3.
an incident in which the liability or compensation falls within the scope of one of the international conventions listed in Appendix 2, in the version applicable to Germany,
4.
the performance of activities covered by the Treaty establishing the European Atomic Energy Community, or
5.
an incident or activity in respect of which liability or compensation falls within the scope of one of the international agreements referred to in Annex 3, as amended,
(4) In cases where the environmental damage or the imminent threat of such damage has been caused by a pollution which has not been clearly defined, this law shall apply only if a causal link is established. between the damage and the activities of individual persons in charge. (5) This law shall not apply to activities whose main purpose is defence or international security, nor to activities of which the sole purpose of the act is to: The aim is to protect against natural disasters. Unofficial table of contents

Section 4 Information on information

Where there is an imminent threat of environmental damage or environmental damage has occurred, the person responsible shall immediately inform the competent authority of all relevant aspects of the facts. Unofficial table of contents

§ 5 Security

If there is a direct risk of environmental damage, the controller shall immediately take the necessary preventive measures. Unofficial table of contents

§ 6 Sanierobligation

If environmental damage has occurred, the person responsible shall
1.
make the necessary damage limitation measures,
2.
take the necessary reorganisation measures in accordance with § 8.
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§ 7 General obligations and powers of the competent authority

(1) The competent authority shall monitor that the necessary preventive, mitigation and remedial measures are taken by the controller. (2) In view of the obligations arising from § § 4 to 6, the competent authority may: Give up those responsible,
1.
provide all the necessary information and data on an imminent threat of environmental damage, on the suspicion of such an imminent danger or damage, and on its own assessment,
2.
to take the necessary preventive measures,
3.
to take the necessary damage limitation and remediation measures.
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§ 8 Determination of remedial measures

(1) The controller shall be obliged to identify the necessary remedial measures in accordance with the technical regulations and to submit to the competent authority for approval, provided that the competent authority does not already have the necessary measures to ensure that the necessary measures are taken into account. (2) The competent authority shall decide on the nature and extent of the remedial measures to be carried out in accordance with the technical regulations. (3) In the event of several environmental damage, the necessary measures may be taken to ensure that the necessary measures are taken to ensure that the necessary measures are taken in renovation measures are not taken at the same time, the competent authority, taking into account the nature, extent and seriousness of the individual environmental damage cases, the possibilities of natural recovery and the risks to human health, the order of the remediation measures (4) The competent authority shall inform the persons concerned and the associations concerned in accordance with Article 10 of the remedial measures provided for, and shall give them the opportunity to express their views; the information may be provided by means of a public notice , The comments received in good time shall be taken into account in the decision. Unofficial table of contents

§ 9 Costs of preventive and remedial measures

(1) Subject to claims against the authorities or third parties, the person responsible shall bear the costs of the preventive, damage limitation and remediation measures. For the implementation of this law by the national authorities, the Länder shall adopt the measures necessary to implement Directive 2004 /35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 327, 30.4.2004, p. EU No 56), the necessary cost arrangements, rules on the free movement of costs and reimbursement of expenses, in particular the Member States may provide that the person responsible shall, under the conditions laid down in Article 8 (4) of Directive 2004 /35/EC, The costs of the remedial measures carried out shall not be borne. In doing so, the countries take into account the specific situation of agriculture in the use of plant protection products. The Authority shall have the power to initiate a procedure for reimbursement of costs up to five years from the date of completion of the measure or the calculation of the cost debtor, starting from the date at which time is later; The legislation of the countries which provide for longer or no time limits shall remain unaffected. (2) Several persons in charge shall have a compensatory entitlement 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) Sentence 2 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, if the competent authority itself executes, after the termination of the measures by the person responsible at the time when the person in charge of the person who is liable for the replacement Knowledge gained. The compensation claim shall be statute-barred without regard to this knowledge 30 years after the end of the measure. The law shall be open to disputes before the ordinary courts. (3) This law shall not affect the right of the person responsible, his liability in accordance with § 611 (1), (4) and (5), § § 612 to 617 of the Commercial Code or in accordance with § § 4 to 5m of the inland waterway law. Unofficial table of contents

Section 10 Call for action

The competent authority shall act on its own account in order to enforce the reorganisation obligations under this law, or, if a person concerned or an association which may appeal pursuant to section 11 (2) of the law so requests, and who is responsible for the reasons for the In the case of an environmental damage, the application of the facts can be credibly published. Unofficial table of contents

Section 11 Legal protection

(1) An administrative act under this law must be justified and provided with a right of appeal. (2) For appeals by associations against a decision or ominating a decision of the competent authority under this law The law applies to the environment-law. Unofficial table of contents

Section 12 Cooperation with the Member States of the European Union

If one or more Member States of the European Union are or are likely to be affected by environmental damage, the competent authorities shall cooperate with the authorities of the other Member States and shall exchange them in an appropriate manner. (2) If environmental damage has been caused within the scope of this law, which is in the territory of another Member States of the European Union shall have the right to: (3) A competent authority shall establish an environmental damage which is not within the scope of this Act but in the territory of a Member State. other Member States of the European Union may make recommendations for the implementation of preventive, mitigation or remedial measures and the reimbursement of the costs incurred in connection with the implementation of of these measures shall be sought. Unofficial table of contents

§ 13 Time limitation of the application

(1) This law shall not apply to any damage caused by emissions, events or incidents that occurred before 30 April 2007, or which are due to a particular activity which ended before the said date. (2) This law shall not apply to damage caused more than 30 years ago, if no authority has taken any action against the controller during that time. Unofficial table of contents

Section 14 Transitional provision to Appendix 1

For shipments of waste subject to Article 62 (1) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, Section 3 (1) in conjunction with Appendix 1 (to § 3 para. 1) No 12, as amended by Article 1 of the Law on the Implementation of the Directive of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage of 10 May 2007 (BGBl. I p. 666). Unofficial table of contents

Appendix 1 (to § 3 para. 1)
Professional activities

1.
Operation of installations for which a permit has been approved in accordance with Directive 2010 /75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 136, 31.5.2010, p. 17) is required. This shall include all the activities listed in Annex I to Directive 2010 /75/EU, with the exception of installations or parts of installations used for the purposes of research, development and testing of new products and processes.
2.
Waste management measures (the collection, transport, recovery and disposal of waste, including the monitoring of such procedures, the aftercare of disposal installations and the activities carried out by dealers and brokers) ) provided that such measures are subject to a permit, authorisation, notification or a plan determination under the Circular Economy Act. These measures include, inter alia, the operation of landfill sites which, in accordance with Article 35 (3) (a) 2 and 3 of the Circular Economy Act of a Plan determination, or Planning permission requires, and the operation of incinerators, which are in accordance with § 4 of the Federal Immission Control Act (BImSchG) in conjunction with the Annex of the Regulation on approved plants (4. BImSchV) are subject to approval.
3.
Introduction, introduction and other entries of pollutants in surface waters according to § 9 (1) (4) and (2) (2) of the Water Resources Act, which require a permit pursuant to § 8 (1) of the Water Resources Act.
4.
Introduction, introduction and other entries of pollutants into the groundwater in accordance with Section 9 (1) (4) and (2) (2) of the Water Resources Act, which require a permit pursuant to § 8 (1) of the Water Resources Act.
5.
Withdrawal of water from waters pursuant to Section 9 (1) (1) and (5) of the Water Resources Act, which require a permit or authorisation in accordance with Section 8 (1) of the Water Resources Act.
6.
Restovings of above-ground waters pursuant to Section 9 (1) (2) of the German Water Resources Act, which are subject to a permit or authorization pursuant to § 8 (1) or § 68 (1) or (2) of the Water Resources Act (Wasserhaushaltsgesetz) of a plan-setting or Require planning permission.
7.
Manufacture, use, storage, processing, refilling, release into the environment and intra-company transport of
a)
dangerous substances in the sense of Section 3a (1) of the Chemicals Act (ChemG);
b)
dangerous preparations within the meaning of Section 3a (1) ChemG;
c)
Plant protection products within the meaning of Article 2 (1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 June 2009. On the marketing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC (OJ No L 73, 27.3.1979, p. OJ L 309, 24.11.2009, p.1);
d)
Biocidal products within the meaning of Article 3 (1) (a) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 on the making available on the market and the use of biocidal products (OJ L 327, 30.4.2012, p. OJ L 167, 27.6.2012, p. 1).
8.
Transport of dangerous or polluting goods by road, rail, inland waterway, sea or air as defined in Section 2 (9) of the Road and Railway Dangerous Goods Regulation or the definition in points 1.3 and 1.3. 1.4 of the Appendix to § 1 (1) of the Start-up Conditions Regulation.
9.
(dropped)
10.
Genetic engineering work as defined in § 3 No. 2 of the Genetic Engineering Act (GenTG) of microorganisms in genetic engineering plants as defined in § 3 No. 4 GenTG as well as the non-operational transport of genetically modified microorganisms.
11.
Any deliberate release into the environment of genetically modified organisms as defined in Section 3 (5), first half-sentence, GenTG, and the transport and placing on the market, as defined in Section 3, No. 6, GenTG of these organisms.
12.
Cross-border shipments of waste within, into or out of the European Union for which a requirement of consent or a ban within the meaning of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on the Shipments of waste.
13.
Management of extractive waste according to Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries.
14.
Operation of carbon dioxide storage in accordance with § 3 number 7 of the carbon dioxide storage law.
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Annex 2 (to § 3 para. 3 no. 3)
International agreements

a)
International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage (Convention of Liability of 1992, BGBl. 1996 II p. 670);
b)
International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage (the 1992 Fund Convention, BGBl. 1996 II p. 685);
c)
International Convention of 23 March 2001 on civil liability for damage caused by bunker oil pollution;
d)
International Convention on Liability and Compensation for Damage in the Carriage of Hazous and Dangerous Substances by Sea of 3 May 1996;
e)
Convention of 10 The Council adopted a resolution on civil liability for damage caused by road, rail and inland waterway transport during the transport of dangerous goods during the transport of dangerous goods.
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Appendix 3 (to § 3 para. 3 no. 5)
International agreements

a)
Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Brussels Supplemental Convention of 31 January 1963 on the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Power nuclear energy (BGBl. 957);
b)
Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage (BGBl. 2001 II p. 202);
c)
Convention of 12 September 1997 on additional compensation for nuclear damage;
d)
Joint Protocol of 21 September 1988 on the application of the Vienna Convention and the Paris Convention (BGBl). 2001 II p. 202);
e)
Brussels Convention of 17 December 1971 on civil liability in respect of the transport of nuclear material at sea (BGBl. 957).