Rs 814.12 Order From 1 St July 1998 On Attacks On Soil (Status Online)

Original Language Title: RS 814.12 Ordonnance du 1er juillet 1998 sur les atteintes portées aux sols (OSol)

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814.12 order on attacks on land (status online) from July 1, 1998 (Status January 1, 2016) the Swiss federal Council, view the art. 29, 33, al. 2, 35, al. 1-39, al. 1, of the Federal law of 7 October 1983 on the protection of the environment (LPE), stop: Section 1 purpose, scope and definitions article 1 purpose and scope of application to ensure the fertility of the soil in the long term, this order regulates: a. the observation, monitoring and assessment of chemical, biological and physical attacks brought to the soil; (b) the measures to prevent compactive them persistent and erosion; c. measures to be taken for the handling of earthy materials from stripping the ground; d. additional measures that the cantons take for soils achieved (art. 34 EPL).

New content according to Chapter 6 of Schedule 6 to the Dec. 4 O. 2015 on waste, in force since Jan. 1. 2016 (2015 5699 RO).

Art. 2 definitions the ground is considered to be fertile: a. If it presents, for his station, a biologically active biocenosis, a structure, an estate and a typical thickness and has a capacity of intact decomposition; b. If it allows plants and natural plant associations or cultivated to grow and develop normally and not night not in their properties; c. If forages and plant food it provides are good and don't threaten the health human and animals; d. if its ingestion or inhalation does not threaten the health of humans and animals.

Means chemical damage to soil floors violations by natural or artificial substances (pollutants).
Means biological damage to soil floors violations by organizations, particularly by genetically modified, pathogenic or exotic bodies.
Means physical damage to floors violations of the structure, to the estate of the soil layers or the thickness of the soil resulting from human intervention.
Thresholds of investigation indicate, for a particular use, the level of achievement from which, according to the State of knowledge, the health of humans, animals and plants may be threatened. They are used to assess whether it is necessary to restrict the use of a ground within the meaning of art. 34, al.2, EPA.

New content according to Chapter 6 of Schedule 6 to the Dec. 4 O. 2015 on waste, in force since Jan. 1. 2016 (2015 5699 RO).
New content according to point 9 of annex V to the O of 9 may 2012 on contained use, in force since June 1, 2012 (RO 2012 2777).

Section 2 Observation, monitoring and assessment of attacks on land art. 3 observation by the Confederation of attacks on land the federal Office for the environment (FOEN) manages in collaboration with the federal Office for agriculture (FOAG) a national reference network for the observation of damage to soils (NABO).
The FOEN advises the cantons and publishes the results.

The name of the administrative unit has been adapted in application of art. 16 al. O from 17 nov 3. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. 4 monitoring by the attacks on land the cantons cantons provide for soil monitoring in regions where it is established, or in areas where there is a fear that about floors violations threaten their fertility.
The FOEN ensures that the cantons should have access to the technical foundations for the monitoring of land and advises the cantons with the FOAG.
The cantons shall inform the FOEN on the results of their monitoring and publish.

Art. 5 assessment of attacks on land the Confederation and the cantons assess floors violations based on indicative values, the thresholds for investigation and remediation values that appear in the annexes to the present order.
If there are no values, should be to assess, on a case by case basis, if the fertility of the soil is ensured in the long term on the basis of the criteria set out in art. 2, al. 1. If there are no investigative or thresholds values of remediation for a given type of land use, to assess, on a case by case basis, if the damage done to a ground is threatening the health of humans, animals and plants. The FOEN advises the cantons.

Section 3 Prevention of compaction persisted and erosion; handling of earthy materials from stripping the ground of art. Compaction and erosion prevention 6 anyone who built a facility, operates a ground or occupies it in any other way must, taking into account the physical characteristics of the soil and its moisture condition, choose and use vehicles, machines and tools so as to prevent packing them and other changes in the structure of soils which could threaten the long term soil fertility.
Anyone who changes of soil or operates a ground must ensure, by rural engineering and operating appropriate techniques, such as a development some plots and describing farming techniques, a rotation of crops and adapted farming soles, prevent erosion, which could threaten the long term soil fertility. If protection of the soil against erosion requires measures common to several farms, the canton makes these mandatory measures; especially in the case of erosion caused by runoff concentrated (erosion of the thalweg).

New content according to Chapter 6 of Schedule 6 to the Dec. 4 O. 2015 on waste, in force since Jan. 1. 2016 (2015 5699 RO).

Art. 7Maniement of earthy materials from stripping the ground anyone who etches a ground must proceed in such a way that the ground can be re-used as such; in particular, the top layer of the soil and the underlying layer of the ground will be stripped and stored separately.
If earthy materials from the stripping of the upper layer and the underlying layer of the soil are used to reconstruct ground (e.g. for rehabilitation) or the remodeling of a field, they must be put in place so that: a. the fertility of the ground up and reconstituted or integrated ground is only temporarily disrupted by physical attacks; b. the ground up undergo no chemical attacks biological and additional.

New content according to Chapter 6 of Schedule 6 to the Dec. 4 O. 2015 on waste, in force since Jan. 1. 2016 (2015 5699 RO).

Section 4 additional measures for threatened or degraded land art. 8 cantonal measures in case of exceeding of an indicative value (art. 34, para. 1, LPE) If, in a region given, an indicative value is exceeded or if attacks on the ground increase strongly, the cantons are investigating the causes of the violations.
They examine whether the measures implemented under the requirements of the Federal Government in the areas of protection of water and protection against disasters, the protection of the air, substances that are hazardous to the environment and organizations, as well as waste and physical attacks on the ground are enough to stop the increase in attacks in the region.
When the situation so requires, the cantons take additional measures within the meaning of art. 34, al. 1, LPE. They inform previously the FOEN.
The cantons are these measures implemented within a maximum period of five years after the finding of the infringement on the ground. They set the time according to the urgency of the case.

Art. 9 cantonal measures in case of exceeding of a threshold of investigation (art. 34, para. 2, EPL) If, in a given region, an investigation threshold is exceeded, the cantons to consider whether human, animal or plant health may be threatened.
If this is the case, the cantons end usage restrictions necessary for the elimination of the risk.

Art. 10 measures taken by the cantons in case of exceeding of a value of sanitation (art. 34, para. 3, EPA) If, in a given area, a value of remediation is exceeded, the cantons prohibit the uses concerned.
In areas where the land has assigned land to horticulture, agriculture or forestry, they prescribe measures which allow to bring the infringement on the ground below the value of remediation, at a level such that the use envisaged, in line with the Middle, is possible without threatening humans, animals or plants.

Art. 11 strengthening of the federal requirements, to maintain the fertility of the soil, the strengthening of the federal requirements according to art. 33 of the EPL is necessary in addition to or instead of the cantonal measures, the federal Department of the environment, transport, energy and communications (DETEC) request to the federal Council.

Section 5 recommendations of the Confederation art. 12. the FOEN and the other federal offices concerned decide together recommendations for the implementation of this order. They work it with the cantons and economic organizations.
They examine it doing if the measures voluntarily by the economy in the context of sectoral agreements are appropriate for the execution of this order.

Section 6 provisions final art. 13execution


The cantons perform this order, unless it says execution at Confederation.
When federal authorities apply other federal statutes, international agreements or international decisions that affect objects under this order, they also carry out this order. The collaboration of the FOEN and the cantons is governed by art. 41, al. 2 and 4, EPA; the legal provisions on the obligation to maintain secrecy are reserved.
The FOEN prescribed patterns of geodata and the minimum for basic geodata representation models covered by this order, where it is designated as a specialized service of the Confederation in Schedule 1 of the Ordinance of 21 May 2008 on the geographical information.

New content according to ch. II 11-Feb 2 O. 2000 relative to the Federal law on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 2000 703).
RS 510.620 introduced by section 6 of Schedule 2 to the O of 21 May 2008 on the geo-information, in effect since July 1, 2008 (RO 2008 2809).

Art. 14 repeal of the law in force the order of 9 June 1986 on pollutants from the ground is repealed.

[RO 1986 1147, 1996 2243 ch. I-26]

Art. 15 entry into force this order comes into force on October 1, 1998.

Annex 1 (art. 5, para. 1) indicative values, investigation thresholds and values of sanitation for heavy metals and fluorine in soils 1 indicative values, thresholds of investigation and remediation values 11 values indicative pollutant levels (mg/kg of dry matter up to 15% of organic matter and mg/dm above 15% of organic matter) content total content of soluble chromium (Cr) 50 - Nickel (nor) 50 0.2 copper (Cu) 40 0.7 Zinc (Zn) 150 molybdenum (Mo) 5 - Cadmium (Cd) 0.8 0.5

0.02 mercury (Hg) 0.5 - lead (Pb) 50 - Fluorine (F) 700 20 12 thresholds of investigation use levels (mg/kg of dry matter up to 15% of organic matter and mg/dm above 15% of organic matter) depth of sampling (cm) lead (Pb), Cadmium (Cd), copper (Cu) s t s t s t food crops 200-2 0.02 - 0-20. forage crops 200-2 0.02 150 0.7 0-20 risk by ingestion 300-10 - 0-5 s = soluble t = levels levels total ingestion by way oral, through dermal or inhalation 13 values of sanitation use levels (mg/kg of dry matter up to 15% of organic matter and mg/dm above 15% of organic matter) depth of sampling (cm) lead (Pb), Cadmium (Cd), copper (Cu), Zinc (Zn) s t t s s t t s Agriculture and horticulture 2000 - 30 0,1 1000 4 2000 5 0-20 private gardens and family 1000 - 20 0.1 1000 4 2000 5 0-20 Places games 1000 - 20 - 0-5

s = contents soluble t = total levels 2 Determination and assessment of pollutants content an indicative value is exceeded when total soluble content polluting of a representative composite sample of the first 20 cm of the ground exceeds the fixed content.
A threshold of investigation or remediation value is exceeded when content total or soluble pollutant to a representative composite sample depth of levy prescribed in section 1 exceeds the fixed content.
Where motivated, other depths of levy can be prescribed.
The soil samples will be dried in the air at a temperature of 40 ° C until constant weight. They will be sifted to 2 mm in diameter. To transform the results of analysis in mg/kg of dry matter (MS), the representative sub-samples will be dried at 105 ° C until constant weight.
Total and soluble levels are measured after extraction according to the following procedures: parameter extraction Agent the weight ratio of the samples-lon to the volume of solvent (P/V) Heavy Metal (total amount) 2 mol/l acid nitric (HNO3) 1:10 Heavy Metal (soluble content) 0.1 mol/l nitrate (NaNO3) sodium fluoride 1: 2.5 total Fusion alkaline-NaOH 0.5: 200 fluorine soluble water 1 Extraction : 50 P = weight V = volume for soils with greater than 15% organic matter content, the transformation of the content in mg/kg MS mg/dm pollutants will be performed by multiplying the content in mg/kg MS by the apparent density.

Status January 1, 2016 annex 2 (art. 5, para. 1) indicative values, thresholds for investigation and values of sanitation for organic in soil guideline values 1 substances, thresholds for investigation and values of sanitation 11 values for dioxins (PCDDS) and furans (PCDFS) values PCDD/f (in ng I-TEQ/kg of dry matter from soil to soil up to 15% of organic matter and in ng/dm for over 15% of organic matter soils) depth of sampling (cm)

Indicative value 5 0-20 investigation by swallowing 20 risk thresholds 0-5 food crops 20 0-20 forage 20 0-20 clean playgrounds 100 values 0-5 gardens private and family 100 0-20 Agriculture and horticulture 1000 0-20 I - TEQ = equivalents of toxic PCDD/f = sum of the polychlorodibenzoparadioxines and the polychlorodibenzofuranes risk of ingestion by oral, dermal route or inhalation 12 values for polycyclic aromatic hydrocarbons (PAH) PAH values (in mg/kg dry soil material for the) soils up to 15% of organic matter and in mg/dm for over 15% of organic matter soils) depth of sampling (cm) sum of 16 congeners Benzo (a) pyrene indicative 1 0.2 0-20 thresholds of investigation risk by ingestion 10 1 0-5 food crops 20 2 0-20 values of sanitation 100 10 0-5 private gardens playgrounds and family 100 10 0-20 appreciation value is based on the sum of the 16 congeners-hydrocarbon aromatic polycyclic PAH (list of) Priority pollutants the EPA/USA): naphthalene, Acenaphthylene, Acenaphthene, results, Phenanthrene, Anthracene, Fluoranthene, Pyrene, Benzo (A) anthracene, Chrysene, Benzo (B) fluoranthene, Benzo (k) fluoranthene, Benzo (a) pyrene, Indeno (1,2,3-c,d) pyrene, Dibenzo(a,h) anthracene and Benzo(g,h,i) perylene risk of ingestion by oral, dermal route or inhalation 13 values for PCBs (PCB) PCB values (in mg/kg of dry matter from soil to soil up to 15% of organic matter and in mg/dm for over 15% of organic matter soils) depth of sampling (cm) investigation thresholds risk by ingestion 0.1 0-5 food crops 0.2 0-20. forage crops: 0.2 0-20 values of sanitation Places games 1 0-5 private gardens and family 1 0-20 Agriculture and horticulture 3 0-20 sum of 7 isomers depending on the list of the IRMM (Institute for Reference Materials and Measurements) IUPAC No. 28, 52, 101, 118, 138, 153, 180 risk of ingestion by oral, dermal or inhalation 2 Determination through a and assessment of pollutants content indicative, a threshold of investigation or remediation value is exceeded when the content by polluting of a representative composite sample depth of levy prescribed in section 1 exceeds the fixed content.
Where motivated, other depths of levy can be prescribed.
To the extent possible, we will try to extract all of the organic pollutants (total amount). The federal office shall issue recommendations for the preparation of the samples and analysis.
For soils with a content matter organic superior to 15 percent, the transformation of the content in pollutants from ng I-TEQ/kg of dry matter (DM) in ng/dm will be made by multiplying the ng I-TEQ/kg MS content by bulk density, and for content in mg/kg MS mg/dm by multiplying the content in mg/kg MS by the density apparent.

Status January 1, 2016 Schedule 3 (art. 5, para. 1 and 6, para. 2) indicative values for erosion on the assolees land 1 values indicative thickness of soils (where can grow the roots) Erosion average (t of dry matter and soil/ha per year) up to and including 70 cm 2 more than 70 cm 4 average Erosion = sum of water erosion and linear erosion of parcel 2 Determination of erosion for the land assolées average water erosion will be appreciated by plot. To do this, considered, in particular, precipitation and the erodibilite of the ground in the region, and the length and gradient of the slopes, of (land cover and tillage) rotation of the plot. If the factors that contribute to erosion vary strongly inside the plot, it will be estimated for particularly threatened areas.
The average linear erosion of the parcel will be also estimated on the basis of information covering at least the last five years. Doing so will be considered the frequency of occurrence of the ridges and gullies, their number and their depth.

O Dec. 7. 1998 agricultural terminology, art. 18 (RS 910.91) status January 1, 2016