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Soil protection
Service Description
Along with water and air, soil is an indispensable basis of life for humans, animals and plants. It fulfills a variety of functions. Among other things, soil is essential for the production of food, it is used for forestry, serves as a location for settlements, functions as a recreational area and protects groundwater from contamination. It is therefore the task of the responsible authorities to protect soils from destruction (e.g. by construction measures or erosion) and from impairment of their functions (e.g. by pollutant inputs). In this context, the authorities perform the following tasks in particular:
- Collection of data on the composition and condition of Thuringia's soils and compilation of these data in a soil information system.
- Establishment and operation of permanent soil observation plots
- Systematic mapping of the soils of Thuringia and creation of corresponding digital soil maps
- Recording of erosion events as well as of erosion endangered and polluted areas in corresponding maps and cadastres
- Preparation of statements in case of intended interventions in the soil
- Initiation of investigations of areas suspected of contamination
- Initiation of measures to limit or prevent soil erosion and pollutant inputs into soils as well as remediation of polluted properties
Who should I contact?
If you are concerned about soil protection on specific properties or about suspected contaminated sites and contaminated sites, please contact the lower soil protection authority of your district (or your independent city).
For basic questions on soil science and preventive soil protection, you can contact the Thuringian State Office for the Environment, Mining and Nature Conservation (TLUBN).
Requirements
none
Which documents are required?
none
What are the fees?
The authorities are required by law to charge processing fees for their activities.
If you request written information, the fees are assessed according to the time spent. However, a minimum of 5.00 and a maximum of 500.00 € must be charged.
If the authority issues an order for the investigation of a property, the fees are between 100.00 and 12,500.00 €, in the case of a remediation order 100.00 to 25,000.00 €.
What deadlines do I have to pay attention to?
If you submit applications yourself, there are no deadlines to observe. If the authority issues a notice with which you do not agree, you must lodge an objection within one month of receipt of the notice. Otherwise, the deadlines specified in the notice must be observed as soon as it has become final.
Legal basis
- Federal Soil Protection Act (BBodSchG)
- Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV)
- Thuringian Soil Protection Act (ThürBodSchG)
- Thuringian Environmental Information Act (ThürUIG)
- Thuringian Environmental Information Administration Costs Ordinance (ThürUIVwKostO)
- Thuringian Administrative Cost Regulations for the Portfolio of the Ministry for the Environment, Energy and Nature Conservation (ThürVwKostOMUEN)
Applications / forms
If you do not agree with official decisions or the fees charged for them, you can lodge an appeal. In doing so, you must observe certain deadlines (see above under "What deadlines do I have to observe?"). You will be informed where to lodge an objection in the notification.
What else should I know?
- Everyone is obliged by law to behave in a way that does not harm the soil.
- The responsibility for the remediation of soil contamination lies with the parties responsible for the contamination, as well as with the land owners and, if applicable, the tenants of the land. It is therefore advisable to find out whether soil contamination is present or suspected before buying or leasing a plot of land.
- Properties of closed down companies (so-called old sites) and closed down waste disposal sites (so-called old deposits) are referred to as contaminated sites if hazardous soil contamination is present there. Contaminated sites are therefore a special form of land with contaminated soil. Suspected contaminated sites are properties of closed companies and closed waste disposal sites for which there is a suspicion of hazardous soil contamination.
- Contrary to popular belief, ruined buildings, contaminated building fabric, asbestos cladding and roofs, waste left on properties (e.g. barrels or containers with hazardous contents), found ammunition, unexploded bombs, car wrecks and even larger deposits of non-hazardous waste (such as uncontaminated building rubble or excavated earth, car tires, etc.) are not contaminated sites within the meaning of the law. Nevertheless, the value of the property can be considerably reduced by such circumstances. In addition, considerable costs for disposal, demolition, etc. may be incurred.
- Everyone has the right to obtain the information available from the authorities about the soil, suspected contaminated sites and contaminated sites. However, the authorities are required by law to charge for written information. To avoid discrepancies, it is therefore advisable to ask the authority what the costs will be before submitting an application.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian State Office for the Environment, Mining and Nature Conservation
Professionally released on
19.05.2020
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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