Soil Protection Act

Council of Experts introduced proposals for the detection, investigation and remediation of contaminated sites. These laid the foundation for establishing a Federal Soil Protection Act. In the meantime, in the absence of a federal Act, the States established their own varied regulations, which has complicated the task of consultants, landowners and remediating companies. 

The Federal Soil Protection Act and Federal Soil Protection and Federal Contaminated Site Ordinance (BBodSchV) describe the main and primary regulations for the identification, investigation and assessment of contamination, and for the planning and operation of remediation. Every expert should be familiar with both the main rules and the details. Published comments on the Act and its Ordinance may be a help for better understanding. 

Table 1. Authorization to the Federal Government by the Federal soil Protection Act.

The Federal Government decreed this Ordinance in July 1999, after hearing from the parties concerned and with the agreement of the Bundesrat. The BBodSchV uses the authorizations of the Federal Soil Protection Act for regulations covering ... 

Table 2. Obligated persons and relevant obligations by the German Federal Soil Protection Act.

Precautionary values for soils pursuant to Article 8 (2) No. 1 of the Federal Soil Protection Act (analysis according to Annex 1 BBodSchV) Precautionary values for metals (mg/kg dry matter, fine soil, aqua regia decomposition) ... 

Federal Government (1998) Federal Soil Protection Act Federal Law Gazette I p. 502 -510, German... 

As a response, a policy framework was developed and introduced in 1986, with an update for the remediation of contaminated sites in 1994, the so-called Soil Protection Act (SPA). The main purpose was to establish the accountability of individuals in contributing to soil and sediment pollution, and to include the question of financial responsibility. In the SPA, the aim to preserve soil quality has a functional basis the quality of the soil is important due to the functional properties of soil. It is not stated explicitly but it can be assumed that the organisms responsible for soil functions have to be protected. In the SPA, soil and freshwater sediment are considered to be closely linked environmental compartments that require a uniform framework for protection and remediation. 

BBodSchV (1999) German Soil Protection Act, Bundes-Bodenschutz- und Altlastenverordnung, July 16, 1999. - Bundesgesetzblatt, Part 36 1554-1682. 

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