Old deposit

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A Altablagerung (in Switzerland legally: deposit location ) is in environmental protection and in planning a landfill out of the risks to human health or the environment.

To the subject

In environmental law, the term contaminated site is usually further differentiated into old sites - plants in which environmentally hazardous substances were handled - and old deposits : These are decommissioned or unauthorized deposits of waste or landfills with questionable materials, which are caused by harmful soil changes , groundwater pollution or other dangers for the individual or the general public. It should not be decided clearly in many cases, whether it is one of his time-approved landfill or unauthorized wild dump is: Often no such documents have been eliminated and also existed in the past, very few regulations for handling hazardous waste, so Approvals were not required or simply not obtained because no controls took place.

The term plays an important role especially in the remediation of contaminated sites . Today, running businesses are - at least in the industrialized world - mostly subject to strict environmental monitoring so that no contaminated sites are likely to accumulate.

National

Germany

Old deposits within the meaning of Section 2, Paragraph 5, No. 1 of the Federal Soil Protection Act are decommissioned waste disposal plants and other properties on which waste has been treated, stored or deposited.

Austria

The term is defined in Section 2 Definitions,  Paragraph 2 of the Altlastensanierungsgesetz  (ALSAG): "Old deposits are deposits of waste that have been carried out with or without authorization."

It should be noted that old deposits in the legal sense do not include the mere illegal dumping of waste ("wild landfills"), but only facilities "that are built or used for the long-term storage of waste above or below the surface of the earth." ( § 2 Paragraph 7 line 4 of the Waste Management Act 2002 ). In addition, contaminated sites are generally only those that arose before the contaminated site remediation law came into force (July 1, 1989), and in the legal sense only those that are recorded in the contaminated site atlas (managed by the Federal Environment Agency ). The reason is that the law is primarily aimed at financing the remediation or securing of a contaminated site, i.e. it deals with the questions of the liability of the former operator and / or property owner ( polluter and property owner liability ), because ultimately the republic is liable for the remediation Austria (§ 18 ALSAG; the competent authority is the governor ). Since the law came into force, there has been a clear regulation; in particular, the contaminated site contribution that the landfill operator has to pay secures the financing even if the original operating company is liquidated. As environmental crimes , wild garbage dumps are always the responsibility of the landowner, but they can be classified as a suspect area and, in the event of a threat, are included in the contaminated site cadastre.

The old landfill comprises the entire landfill body , that is "the entirety of the deposited waste including the technical facilities" and other facilities in the landfill area ( Section 2 Para. 3 Z. 12 and 11 Landfill Ordinance 2008), as well as soils and groundwater bodies contaminated by the facility ( Section 2 (1) ALSAG).

In Austria there are only relatively few old deposits in the legal sense (in 2019 a total of 304 contaminated sites and 1,895 suspected sites). Among them, however, were as prominent as the fishing landfill in Lower Austria and the Kiener landfill in Upper Austria, which could be processed in the late 1990s and early 2000s on the basis of the contaminated site remediation law.

Switzerland

In Switzerland, the legal term is “dump site”, it is “decommissioned or still in operation landfills and other waste deposits ” (Art. 2 terms Z. 1 lit. a Contaminated Sites Ordinance - AltlV ).

Swiss law does not differentiate between historical "old" pollution and plants that are still in operation, but emphasizes the operational safety of the same: Contaminated sites within the meaning of the law are "contaminated sites in need of rehabilitation" (Art. 2, line 3 AltlV). Also excluded are locations to which “only unpolluted excavated, excavated or excavated material has reached” (Art. 2 Z. 1 lit. a AltlV).

Of the approximately 4,000 locations in need of renovation in the cadastre of polluted locations , which is operated jointly by the federal government and the cantons at the Federal Office for the Environment , almost 40% (a good 1,500) are disposal sites .

Web links

Individual evidence

  1. ↑ Old deposit. Spectrum: Lexicon of Geosciences.
  2. ↑ Hubert Reichl: Liability for contaminated sites. Austrian Water and Waste Management Association (ÖWAV), onA (2009), The primary obligated party is "not ascertainable" , p. 7 ( pdf , on oewav.at, accessed November 28, 2019).
  3. ↑ a b Ops cit. Reichl Liability for contaminated sites , I.1. What are contaminated sites? P. 2.
  4. ↑ On this in detail ops cit. Reichl Liability for contaminated sites , III. Public liability issues relating to a property identified as a contaminated site , especially III.3. Public liability - using the example of a landfill (contaminated site) - AWG 2002 p. 5 ff.
  5. ↑ Progress in the remediation of contaminated sites. , Federal Environment Agency: News , March 26, 2019.
  6. ↑ However, “old waste” is also in use, see contaminated sites and contaminated sites: old waste . In: Portal Kanton St.Gallen (accessed November 28, 2019).
  7. ↑ Status of contaminated sites in Switzerland. Federal Office for the Environment FOEN: Topic Contaminated Sites → Technical Information → Contaminated Sites Processing (as of April 30, 2019, accessed November 28, 2019).