VERSITy MARCH 2014 UNI SOIL COURSE LEGISLATION THE DANISH CONTAMINATED SOIL ACT (”JORDFORURENNGSLOVEN”) ACT NO. 370 OF 2 JUNE 1999

VERSITy

MARCH 2014

UNI

SOIL COURSE

LEGISLATIONTHE DANISH

CONTAMINATED SOIL ACT(”JORDFORURENNGSLOVEN”)

ACT NO. 370 OF 2 JUNE 1999

DANISH SOIL LEGISLATIONPEDER MARIBO

MARCH 20142

4 QUALITY CRITERIA FOR CONTAMINATED SITES:›Soil quality criteria (“jordkvalitetskriteriet”)

›Cut off criteria (“afskæringskriteriet”)

›Groundwater quality criteria (for aquifers)

›Air quality criteria (“afdampningskriteriet”)

“consuntancy interval”

Cf. DEPA guideline no. 7 (2002)

(DK: MST vejl. no 6 & 7 / 1998: Oprydning på forurenede lokaliteter)


MARCH 20143

LEGAL STATUS OF DOCUMENTS.›Law (“Lov & lovbekendtgørelse”)

›Statutory order (“bekendtgørelse”)

›Rules (“reglement” & “cirkulære”)

›Guidelines (“Vejledning”)

Plans: must be followed in the individual decisions, but it is possible to get dispensation.

Must be followed

How it can be done


MARCH 20144

GOVERNING PRINCIPLES›Sustainability› Carrying capacity (localization)› Resource utilization (e.g. BAT)› Precautionary principle (prevent & protect)›Pollution must be authorized (permit + control)

›Polluter pays›(Openness and citizen involvement)›(Principle of proportionality – authorities)


MARCH 20145

TPS - 1 MIN.Farmer Hansen wants to get rid of some construction waste (bricks, a bit of concrete and some old water pipes, a broken sheet of asbestos cement) and he has an old lime ditch on one of his fields that he would like to have levelled.

Is he allowed to take his rubbish to the ditch?


MARCH 20146

TPS – 1 MIN. Olsen wants to know about the chemistry factory down town. He wants to know what they have licence to produce, what kind of waste they generate and whether there has been any accidents on their site leading to soil contamination during the past 5 years. He asks the municipality to see their environmental permit and the municipal inspection reports.

Does the municipality grant him the permission to see their information on the company?


MARCH 20147

TPS – 1 MIN. Contractor X are in process of constructing a new building. They have some soil from the foundation that smell a bit of oil. They want to use it in a hole they have to level anyway another place on the same site

Does the company have to involve the authorities before doing so?


MARCH 20148

TPS – 1 MIN. Mr. Olsen has lived in his house for 10 years. Now he wants to build a new car port, but while digging for the foundation he discover an oil pollution of the soil. He find out that the pollution come from an old abandoned oil tank from before Olsen lived their and when the house was heated by oil fired central heating.

What is Olsen going to do? Who is to pay if Olsen wants his soil cleaned?


MARCH 20149

CONTAMINATED SOIL ACT(LAW 379/1999 +)

›Purpose: Registration and risk assessment - priority to remediation (Regions). 2005: 17.000 contaminated sites registered.

Knowledge level 1: Suspicion. Knowledge level 2: Certainty

Contamination posing a risk to groundwater (drinking water) or are harmful to humans or the environment.


MARCH 201410

Knowledge level 2: CertaintyIf the contamination in any other way pose a risk (e.g. if cut off criteria is exceeded) the registration is maintained.

Regions must specify risk for residential areas:›F0: no risk›F1: no risk if simple measures are taken›F2: risk – or can be a risk (info missing). Urban areas that assumingly will contain contaminated soil can be area classified. Export of soil from such areas are restricted.

CONTAMINATED SOIL ACT(LAW 379/1999 +)


MARCH 201411

SITE REGISTRATIONhttp://arealinformation.miljoeportal.dk/distribution/

http://arealinformation.miljoeportal.dk/distribution/




MARCH 201412

SITE REGISTERED – THEN WHAT?›Restrictions for the activities on the site (fence,

paving…)›Export of soil outside the area requires permit from the municipality (4 weeks notation!). Contaminated soil is waste and must be handled as such.

›New construction works only after permission from the municipality (§8) (Region consulted - groundwater)

›Region decide on remediation (priority and funds for remediation)

Registered site loss of value !! (registered in “matrikelregister”)


MARCH 201413

LAND DEPRECIATION PROGRAM FOR HOME OWNERS (CHAPTER 4)Who:

Properties use as main residence (helårsbeboelse) at which the contamination took place before 1993 (and later for residential oil tanks in some cases).

›Region clean up – when property owner demands

›Property owner must pay min 7.000 kr , max 40.000 kr depending on required speed.


MARCH 201414

PERMIT FOR TRANSPORT OF SOIL (§50)› All public roads is considered as contaminated and transport outside the site must be cleared with the municipality!

› On site movements of soil is (normally) OK› Lower limit: 1 m3 (if the soil is OK for reception at a municipal dump)

› By acute need temporary safe storage is ok, and the transport must be reported no later than 3 days after.

Stat.order 675/2000: “Bekendtgørelse om anmeldelse af flytning af forurenet jord og jord fra forureningskortlagte arealer og offentligt vejareal”.

Ask before you dig!


MARCH 201415

IF CONTAMINATION IS DISCOVERED…›Construction work must be stopped›It must be reported to the municipal authorities (4 week limit for reply!)

›Contractor must secure that soil transported from the site is clean (otherwise a permit must be obtained)

›Internal movements of soil on the site is (normally) OK

›For new residential areas the top 50 cm soil must be clean.


MARCH 201416

REUSE OF CONTAMINATED SOIL?Statutory order 55/2000 (Genanvendelsesbekendtgørelsen)

›Soil that are considered hazardous waste (cf. the solid waste statutory order)

›Only soil contaminated with heavy metals and other mineral contamination (3 categories). I.E not oil contaminated soil.

›The contamination must be documented (analysis)

›At certain construction works category 2 soil can be used without permission (noise protection, ramps, roads, ..)

Documents

VERSITy MARCH 2014 UNI SOIL COURSE LEGISLATION THE DANISH CONTAMINATED SOIL ACT (”JORDFORURENNGSLOVEN”) ACT NO. 370 OF 2 JUNE 1999