Regulation (1998:930) On Environmental Risk Areas

Original Language Title: Förordning (1998:930) om miljöriskområden

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General provisions



section 1 of this Regulation shall apply to the examination of whether an

area to be declared as environmental danger zone under 10 Cape.

the environmental code.



Decision making and risk assessment



section 2 of an investigation relating to whether a land or water area

shall be declared as environmental danger area, shall include a

identification of the nature, extent and

the spreading tendency.



To the investigation must be supplemented with a map of the contaminated

the area and the surrounding area at risk of being contaminated.



Procedure and decision



section 3, Before an area is declared as environmental risk area shall

the County Administrative Board



1. seek the opinion of the affected property owners, holders of

special law and known creditors with mortgages on the property

or, if the property is granted to leasehold,

tomträttsinnehavaren,



2. by a proclamation in the local newspaper or in any other appropriate way

give also others who may be affected by such an explanation point

to be heard,



3. consult with the State and municipal authorities

essential interests to safeguard in question, and



4. keep meeting with them that the matter concerns and survey at the

the site, if necessary for the investigation of the case.



If it is obvious that no individual interests are harmed by

the explanation and if all property owners, holders of

special law, known creditors and tomträttsinnehavare according to

first paragraph 1 provided written consent, may

the County Administrative Board examine the case without prior notice.



section 4 of the notice under section 3(1) 2 shall contain

indication of



1. proposed environment risk area and conditions for the continued

land use,



2. where the file will be available, and



3. the period within which the opinion on the proposal must be submitted.



A copy of the notice to be sent to those from which the

opinion under section 3(1) 1.



If the explanation relating to immovable property that is common to multiple

real estate, need some printing of the notice not be sent

to the specific members of the community. There is a known

Board of Directors of the Association, a copy of the notice

be sent to the Board.



paragraph 5 of the provincial Government shall, by notice in the local newspaper to inform

notice of the time and place of the meeting or inspection.

The environmental protection agency, marine and water and others who have

delivered an opinion in the matter shall be informed in an appropriate manner.

Regulation (2011:628).



section 6, in a decision pursuant to Chapter 10. 17 and 18 of the Swedish environmental code shall

It is reported the buildings or parts of buildings

located within the environmental danger zone and set out the conditions under which

apply for land use and as otherwise applicable in

area. Regulation (2007:669).



section 7 If the examination of an area to be declared as

environmental risk area indicate that pollution is serious

and imminent risk to human health or the environment,

the provincial Government of the time until the matter is finally

settled, but one year, decide on the limits of the

land use or other precaution under 10 Cape.

section 17 of the Environment Act to reduce these risks.



Prior to the decision referred to in the first subparagraph shall be notified to those from which

statement pursuant to section 3(1) 1 obtained have an opportunity to

give its opinion on the matter.



The decision is valid immediately, and may be changed at any time by

the County Administrative Board.



A decision under this section shall be published and dispatched

According to §§ 10 and 11. Regulation (2007:669).



section 8 County Board may order that a decision under 10 Cape. section 17

the environmental code, shall apply without prejudice to the final.

Regulation (2007:669).



§ 9 Provision of paragraph 3 shall also apply until modified or

new terms will be announced for an environmental risk area or before a

decisions on environmental risk area is repealed.



Announcement of decisions, etc.



10 § when the decision on an environmental risk area announced, changed or

is suspended, the decision shall, as soon as possible, be published in the manner

is prescribed for regulations in General. A proclamation of

the decision shall also be included in the local newspaper. The decision shall promptly

possible be notified to applicants and interested parties pursuant to section 3(1)

1.



A copy of the decision shall be sent as soon as possible to

The environmental protection agency, marine and water authority, and the municipality, and

the surveying authority for entry in the

General part of the register of real estate. Regulation (2011:628).



section 11 Of the County Administrative Board has decided on the transfer ban according to

10 Cape. the third paragraph of section 17 of the environmental code, the County Administrative Board

send it to the registration authority for entry in the

Real Estate Register register part.



If the County Board has suspended a transfer ban imposed by a

a decision which has become final, the County Administrative Board as soon as possible

send it to the registration authority for removal of

the note in the land registry register part.

Regulation (2007:669).



section 12 of the County Board shall keep records of decisions on

environmental risk areas. The environmental protection agency shall keep a central

Register of all such decisions.



Supervision and fees



paragraph 13 of the provisions on supervision, see chapter 26. the environmental code and the

environmental protection Regulation (2011:13). Provisions on the

operational supervisory responsibilities associated with this regulation

see Chapter 2. 4, 29 and 31 of the regulation for environmental inspections.



Provisions on fees can be found in the Ordinance (1998:940) if

fees for the examination and supervision under the Environment Act.

Regulation (2011:25).



Appeal



section 14 of the 19 Cape. section 1 the Environment Act contains provisions on

appeal.



The environmental protection agency, marine and water authority, and the municipality may

appeal the decision relating to the matters referred to in Chapter 10. 17 and

18 § § environmental code. Regulation (2011:628).



Penalties and forfeiture



section 15 of the 29 Cape. Environment Act lays down rules on the penalties and

confiscation.

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