Law On The Prevention And Remedying Of Environmental Damage

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

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Environmental damage prevention and remedying law (environmental damage law-USchadG)

unofficial table of contents

USchadG

date of release: 10.05.2007

full quote:

" Environmental damage law of the 10. May 2007 (BGBl. 666), as last amended by Article 4 of the Law of 23. July 2013 (BGBl. I p. 2565) has been amended "

:Last modified by Art. 4 G v. 23.7.2013 I 2565

For details, see Notes

Footnote

(+ + + Text evidence: 14.11.2007 + + +)
(+ + + Amcial). Note from the norm provider on EC law:
Implementation of the
EGRL 35/2004 (CELEX Nr: 32004L0035)
Implementation of the
EGRL 35/2004 (CELEX Nr: 32004L0035) see Art. 3 G v. 17.8.2012 I 1726 + + +)

This law is used for the implementation of Directive 2004 /35/EC of the European Parliament and of the Council of 21 June 2007 on the implementation of the European Parliament and Council Directive Environmental liability with regard to the prevention and remedying of environmental damage (OJ L 327, 22.4.2004, p. EU No L 143 p. 56).
The G was 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. Non-official table of contents

§ 1 Relationship with other provisions

This law applies to the extent that federal or federal legislation is applicable. Countries which do not determine or do not comply with the requirements of this law in the prevention and remedying of environmental damage. Legislation with more stringent requirements shall remain unaffected. Non-official table of contents

§ 2 Definitions

For the purposes of this law,
1.
Environmental damage:
a)
damage to species and natural habitats in accordance with § 19 of the Federal Nature Conservation Act,
b)
damage to waters according to § 90 of the Water Resources Act,
c)
a damage to the body Soil by impairment of the soil functions within the meaning of Section 2 (2) of the Federal Soil Protection Act, which is caused by a direct or indirect introduction of substances, preparations, organisms or microorganisms on, in or under the soil is caused and hazards to human health;
2.
Damage or damage: a detectable, directly or indirectly Adverse change in natural resources (species and natural habitats, water and soil) or impairment of the function of a natural resource;
3.
Responsible: any natural or legal person who pursues or determines a professional activity, including the holder of an authorisation or authorisation for such a person the activity or the person who notifies or notifies such an activity, thereby directly causing an environmental damage or the imminent threat of such damage;
4.
professional activity: any activity carried out in the course of an economic activity, a business activity or a company, whether private or private, or publicly and with or without a working character;
5.
imminent threat of environmental damage: the reasonable probability of environmental damage being caused by the in the near future;
6.
avoidance action: any measure to avoid or to prevent damage to the environment in the event of an imminent threat of environmental damage
7.
Damage Limitation Measure: any measure to immediately control, control, control the pollutants or other harmful factors in question. remove or otherwise treat any further environmental damage and adverse effects on human health or any further impairment of functions;
8.
Sanitizing Measure: any measure to rehabuate environmental damage in accordance with the technical regulations;
9.
Costs: the costs required by an orderly and effective execution of this law, including the cost of checking an environmental damage, a direct cost the risk of such damage, of alternative measures and of the administrative and procedural costs and costs of the enforcement of the measures, the costs of data collection, other overhead costs and the cost of supervision and Monitoring;
10.
technical regulations: the regulations of the Federal Nature Protection Act, the Water Resources Act and the Federal Soil Protection Act, as well as the regulations of the Federal Nature Conservation Act.
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§ 3 Scope of application

(1) This law applies to
1.
Environmental damage and imminent danger of such damage caused by one of the listed in Appendix 1 professional activities;
2.
damage to species and natural habitats in the sense of § 19 (2) and (3) of the German Federal Nature Protection Act (Bundesnaturschutzgesetz) and immediate risks of such damage caused by professional activities other than those listed in Appendix 1, provided that the person responsible has acted intentionally or negligently.
(2) For damage to species and natural habitats and the imminent threat of such damage is subject to this law within the framework of the provisions of the United Nations Convention on the Law of the Sea of 10. December 1982 (BGBl. 1994 II p. 1799) also in the area of the exclusive economic zone and the continental shelf.(3) This law shall 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 exceptional, Unwavable and non-influenceable natural event,
3.
an incident where the liability or compensation is within the scope of one of the following
4.
the exercise of activities covered by the Treaty establishing the European Economic Community,
Nuclear Community, or
5.
an incident or activity for which the liability or compensation is within the scope of one of the following international agreements, as amended,
.(4) In cases where the environmental damage or the imminent threat of such damage has been caused by a pollution which is not clearly defined, this law shall apply only if a causal link between the damage and the damage has been caused by the damage to the environment. the activities of individual persons responsible may be identified.(5) This Act shall not apply to activities whose main purpose is defence or international security, nor to activities whose sole purpose is to protect against natural disasters. Non-official table of contents

§ 4 Information light

If 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. Non-official table of contents

§ 5 Dangerous Duty

If there is an imminent threat of environmental damage, the person responsible shall immediately inform the -to take the necessary preventive measures. Non-official table of contents

§ 6 Sanation obligation

If environmental damage has occurred, the person responsible
1.
make the necessary damage limitation measures,
2.
taking the necessary remediation 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, damage limitation and remediation measures are taken by the responsible authority .(2) With regard to the obligations arising from § § 4 to 6, the competent authority may give up the person responsible,
1.
all necessary information and data about an imminent threat of environmental damage, suspicion of such an imminent danger, or damage, and to submit your own assessment,
2.
to take the necessary preventive measures,
3.
to take the necessary damage limitation and remediation actions.
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§ 8 Determination of remedial measures

(1) The controller is obliged to take the necessary remedial measures in accordance with the technical regulations. and to submit to the competent authority for approval, unless the competent authority itself has already taken the necessary reorganisation measures.(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 a number of environmental damage cases, if the necessary remedial measures cannot be taken simultaneously, the competent authority may, taking into account the nature, extent and gravity of the individual environmental damage cases, the possibilities of: -Natural recovery and the risks to human health determine the order of the remediation measures.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. Non-official table of contents

§ 9 Cost of preventive and remedial measures

(1) The person responsible shall bear the responsibility of the Authorities or third parties shall be responsible for the costs of prevention, damage limitation and remediation measures. For the implementation of this law by the national authorities, the Länder shall adopt the measures necessary for the implementation of Directive 2004 /35/EC of the European Parliament and of the Council of 21 June 2004 on the implementation of the law Environmental liability with regard to the prevention and remedying of environmental damage (OJ L 327, 22.4.2004, 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 be subject to 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) A number of 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 carries out, after the termination of the measures by the person responsible at the time when the person in charge of the person in charge of the replacement is responsible for the Knowledge gained. The compensation claim shall be statute-barred without regard to this knowledge 30 years after the end of the measure. Disputes shall be open to legal proceedings before the ordinary courts.(3) This law shall not affect the right of the person responsible to limit 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 Act. Non-official table of contents

§ 10 Request for action

The competent authority will enforce the sanity obligations under this law shall act on its own account or, if a person concerned or an association which may appeal pursuant to section 11 (2) thereof, requests this and the facts presented in the grounds of the application appear credible to the occurrence of an environmental damage . Non-official table of contents

§ 11 Legal protection

(1) An administrative act under this law shall be justified and shall be subject to a right of appeal. provided.(2) In the case of appeals by associations against a decision or the ominating of a decision of the competent authority under this Act, the law on the law of the environment shall apply. Non-official table of contents

§ 12 Cooperation with the Member States of the European Union

(1) Are one or more Member States of the The competent authorities shall cooperate with the authorities of the other Member States and shall exchange appropriate information in order to ensure that the necessary environmental damage is affected or likely to be affected by the environmental damage. Prevention, damage limitation and remediation measures are carried out.(2) Where environmental damage has been caused within the scope of this Act which may have an effect on the territory of another Member State of the European Union, the competent authority shall have the Member States which may have been affected. shall be informed in an appropriate manner.(3) Where a competent authority establishes an environmental damage which has not been caused within the scope of this Act but in the territory of another Member State of the European Union, it may make recommendations for the To carry out preventive, mitigation or remediation measures and to seek reimbursement of the costs incurred in connection with the implementation of these measures. Non-official table of contents

§ 13 Time limit of the application

(1) This law does not apply to damage caused by emissions, events, or Incidents that occurred before the 30. The European Parliament and the Council of the European Union have taken place in April 2007, or are due to a particular activity which has 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. Non-official table of contents

§ 14 Transitional provision to Appendix 1

For shipments of waste, which is Article 62 (1) of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 Article 3 (1) of the Act on the Implementation of the Directive of the European Parliament and of the Council on the implementation of the Directive of the European Parliament and of the Council on the implementation of the Directive of the European Parliament and of the Council of 20 June 2006 on shipments of waste is subject to the provisions of Article 3 (1) of the Act on Environmental liability for the prevention and remedying of environmental damage of 10. May 2007 (BGBl. I p. 666). Non-official table of contents

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

1.
Operation of assets for which approval is granted 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 version) (OJ C 327, 28.11.2010, p. 17), it is necessary to: This includes all the activities listed in Annex I to Directive 2010 /75/EU, with the exception of installations or parts of equipment used for the purposes of research, development and testing of new products and processes.
2.
Waste management measures (the collection, transportation, recovery and disposal of waste, including the monitoring of these procedures, the aftercare of Disposal facilities, as well as the activities carried out by dealers and brokers, in so far as these measures are subject to a permit, authorisation, notification or plan determination under the Circular Economy Act. Measures shall include, inter alia, the operation of landfills, which require a plan or plan approval pursuant to Article 35 (2) and (3) of the Circular Economic Law, and the operation of incineration plants, which are in accordance with § 4 of the Federal Immission Protection Act (BImSchG) in conjunction with the Annex to the Regulation on installations in need of approval (4). BImSchV) require approval.
3.
Introduction, introduction and other entries of pollutants into surface waters according to § 9 (1) (4) and (2) Point 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 in groundwater pursuant to Section 9 (1) (4) and (2) (2) of the Water Resources Act, which require a permit in accordance with Article 8 (1) of the Water Resources Act.
5.
Withdrawal of water from waters according to § 9 Paragraph 1 (1) and (5) of the Water Resources Act, which is a permit or permit pursuant to Section 8 (1) of the Water Resources Act
6.
Accumulation of above-ground waters pursuant to Section 9 (1) (2) of the Water Resources Act, which is subject to a permit or authorisation in accordance with § 8 (1) or in accordance with § 68 (1) or (2) of the German Water Resources Act (Wasserhaushaltsgesetz) require a planning approval or planning permission.
7.
Production, use, storage, processing, Bottling, release into the environment and intra-company transport of
a)
dangerous substances in mind § 3a (1) of the Chemicals Act (ChemG);
b)
dangerous preparations in the sense of § 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 November 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. 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 use of biocidal products (OJ L 327, 28.5.2012, p. 1)
8.
Carriage of dangerous or polluting goods by road, rail, inland waterway, sea or in the Air as defined in Section 2 (9) of the Road and Railway Dangerous Goods Regulation or the definition in points 1.3 and 1.4 of the Appendix to Section 1 (1) of the Startup Condition Regulation.
9.
(omitted)
10.
Genetic work as defined in § 3 No. 2 of the Gentechnikgesetz (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 § 3 No. 5, first half-sentence GenTG, and the transport and placing on the market according to the Definition in § 3 No. 6 GenTG of these organisms.
12.
Transboundary movements of waste within, into or out of the European Union, for which a 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 The report of the European Parliament and of the Council of 15 June 2006 on shipments of waste.
13.
Management of mineral waste under 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 point 7 of the Carbon dioxide storage law.
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Appendix 2 (to § 3 para. 3 no. 3)
International agreements

a)
International Convention of the 27th November 1992 on Civil Liability for Oil Pollution Damage (1992 Liability Convention, BGBl. 1996 II p. 670);
b)
International Convention of the 27. November 1992, on the establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention of 1992, BGBl. 1996 II p. 685);
c)
International Convention of the 23rd 4 March 2001 on Civil Liability for Bunker Oil Pollution Damage;
d)
International Convention of the 3rd International Convention on the Destruction of Bunker Oil Pollution. May 1996 on liability and compensation for damage caused to the transport of harmful and dangerous substances by sea;
e)
Convention of 10 May 1996 on the protection of dangerous and hazardous substances by sea; October 1989 on civil liability for damage caused during the transport of dangerous goods by road, rail and inland waterways.
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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 December 2001. 1 January 1963 on the Paris Convention of 29 January 1963. July 1960 on the liability to third parties in the field of nuclear energy (BGBl. 1975 II p. 957);
b)
Vienna Convention of 21 December 1993. 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)
Common Protocol of 21 September 1997. September 1988 on the application of the Vienna Convention and the Paris Convention (BGBl. 202);
e)
Brussels Convention of 17 December 2001. December 1971 on civil liability in respect of the transport of nuclear material at sea (BGBl. 1975 II p. 957).

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