Article 1 this regulation lays down provisions on the need to remedy the pollution damage as referred to in Chapter 10.
the environmental code.
Aid may be granted under this regulation through contributions to measures for remedying such damage as referred to in Chapter 10.
Article 1, first paragraph the environmental code.
The regulation is notified pursuant to Chapter 8. section 7 of the Constitution. Regulation (2015:569).
1 a of Words and expressions in this regulation have the same meaning as in Commission Regulation (EC) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the common market under articles 107 and 108 of the Treaty, in the original wording.
Regulation (2015:569).
National plan and reporting on remediation of
pollution damage
1 b of the environmental protection agency to draw up a national plan for
remediation of pollution damage. In the plan,
the order of priority for remediation of pollution damage
specified. The plan should serve as the starting point in the determination of
applications for grants under this regulation.
The environmental protection agency should, if necessary, update the plan.
Regulation (2015:569).
1 c § environmental protection agency shall, by 15 april of each year to
the Government give a description of the work to
remedy such pollution damage as referred to in Chapter 10.
the environmental code. Regulation (2015:569).
Conditions for refund
1 d § support may only be provided in accordance with the conditions laid down in chapter i and in article 45 of Commission Regulation (EC) No 651/2014, in the original wording.
Regulation (2015:569).
Provisions on contributions
section 2 of the extent to which the availability of funds, contributions given to 1. inquiry in order to investigate if there is a pollution damage, 2. liability investigation, 3. the investigation needed to reparation measures to be carried out, 4. measures due to pollution are needed to remedy the damage or inconvenience to human health or the environment, or to prevent, impede, or prevent such damage or inconvenience arising, and 5. monitoring and evaluation of the reparation measures.
Regulation (2015:569).
section 3 allowance under section 2 of the 2 may be given only if there are special reasons.
Contributions under paragraph 2 of 3 – 5 may be given only if 1. liability under the environmental code or older legislation to perform or pay for such activities cannot be recovered or recoverable only in part 2. the person or persons who are responsible for funding such activities cannot pay, or 3. There are serious reasons.
Regulation (2015:569).
section 4 From the amount of the refund resulting from paragraphs 2 and 3 shall
deducted from any compensation that a property owner is
liable to pay under 10 Cape. section 9 of the Environment Act or
the corresponding older provisions due to increase in value as
the result of these remedies.
Regulation (2009:1526).
The procedure of refund cases
paragraph 5 of the County Board may Only apply for funding under this regulation. Where the application relates to a damaged area which is located in multiple counties, the application shall be made by the County Administrative Board in the county where most of the area is located. Regulation (2015:569).
section 6 of the Application must be in writing and submitted to the environmental protection agency. The application should indicate what action in 2 section 1 – 5 to whom the application relates.
If the application concerns grants for reparation measures, monitoring and evaluation pursuant to article 2 of the 4 or 5 shall contain
1. a reasoned assessment of responsibility under paragraph 3,
2. an indication of where the damaged area is,
3. a description of the damaged area and the risks to health and environment from the pollution damage means,
4. a description of the proposed investigation or proposed reparation measures and action objectives,
5. a cost estimate,
6. a time schedule,
7. indication as to who is responsible for the rectification,
8. the provincial government gives priority to measures taken in relation to pollution damage compared to other pollution damage within the County,
9. a description of the monitoring and evaluation of the avhjälpandeåtgärderna will be carried out,
10. indication of whether the grant is intended to be paid to someone who has applied for or received other public support or support from the European Union for the same eligible costs, and
11. indication of whether the grant is intended to be paid to a company outside the County Administrative Board or the municipality's own management, and in such a case, data on the company's name, number of employees, annual turnover and balance sheet total and about the amount of funding needed for the project.
Regulation (2015:569).
section 6 (a) where the application relates to the costs of remediation incurred
in view of the fact that the authority is the supervisory authority
According to the environmental protection Decree (2011:13) has requested
enforcement under Chapter 26. section 17 of the Swedish environmental code or announced
decision on rectification in accordance with chapter 26. section 18 of the environmental code, the application
contain
1. all orders given by the operator
regarding the current pollution damage,
2. indication of whether the remedial action is urgently needed and the
circumstances in this case means that the remedial action is urgent,
3. a description of the risks to health and environment
pollution damage may mean,
4. a description of the reparation measures taken or
intended to be taken,
5. a cost estimate, and
6. a description of the monitoring and evaluation of
avhjälpandeåtgärderna refers to
implemented. Regulation (2011:38).
section 7 of the environmental protection agency may request the provincial Government submits the
additional information required for the examination of
grant application.
section 8 When the grant application be tested should take into account
the hazards of pollution damage, pollution levels,
contagion risks, environmental sensitivity and security value
as well as the overall risk that pollution damage means for
human health or the environment.
A contribution will mainly relate to pollution damage means
1. a threat to human health, to natural areas with large
protection values or to significant water interests,
or
2. harmful levels of pollution due to estimated
health or environmental hazards has high priority in environmental work.
Regulation (2009:1526).
8 a of For premium applications referred to in paragraph 6 (a), to make
departure from paragraph 8 of the second paragraph on avhjälpandeåtgärderna
is urgent. Regulation (2009:1526).
Decision
§ 9 the environmental protection agency decides on grant.
The decision shall contain a statement of the
1. the County Board receiving the grant,
2. the activities referred to in paragraph 2 of which the refund applies;
3. the amount of the grant,
4. the recipient's obligation to provide a statement of the amount
use and to leave the final accounting of the performed
investigations or measures, and
5. the other conditions of grant which the Swedish environmental protection agency
determines.
In terms of reparation measures in respect of such a
request for enforcement or for rectification as referred to
in 6 a of the decision is not include the information referred to in
second paragraph 4, if the actions have already been completed.
Regulation (2009:1526).
Payment and accounting of contributions
section 10 of the contribution is paid to the provincial government.
Regulation (2009:1526).
10 a of the County Administrative Board may decide to submit the contribution to the
a municipality or other authority which is responsible for the
remedial work.
If the contribution is intended to cover the costs of rectification
reason of such a request for enforcement or decision
for rectification referred to in paragraph 6 (a) and the provincial government is not
the head of the correction, the County Board shall submit
the contribution to the municipality, or the Authority's principal
for remedial work.
The County Administrative Board's decision on surrender may contain
additional conditions beyond that permitted by section 9.
Regulation (2009:1526).
10 b of a refund pursuant to this Regulation shall not be paid to someone who is the subject of recovery because of a decision by the Commission declaring an aid illegal and incompatible with the internal market.
Regulation (2015:569).
10 c § accounting under section 9 of the second paragraph 4 must be made to
the County Administrative Board of that contribution has been submitted to.
Regulation (2015:569).
Refund
section 11 of the environmental protection agency may decide to recover contributions
from the County Administrative Board, if the grant decision has been based on
incorrect or incomplete information or if the conditions for
the grant has not been followed and the departure is not of less
importance.
If a property owner, after the contributions have been paid
According to this regulation, is liable to pay compensation
support of 10. section 9 of the Environment Act or the equivalent older
provisions because of the increase in value resulting from the
of grant-financed remedial, the provincial government pay
back the grant with the corresponding amount.
Regulation (2009:1526).
Appeal
section 12 of the 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other than a decision under section 10 (b) may not be appealed.
Regulation (2015:569).
Register
section 13 of the environmental protection agency shall keep the records referred to in article 12 of Commission Regulation (EC) No 651/2014, in the original wording. Regulation (2015:569).