COUNTRY PROFILE - POLAND
Marek Korcz
Institute for Ecology for Industrial Areas
ul. Kossutha 6, 40-844 Katowice, Poland
1. National prevention policy
The current state of integrated national pollutant release and transfer register is presented in a
separate report. This report is included in annex 5.
2. National programme on contaminated lands
The proposal of national program on contaminated lands in Poland was developed by Institute
for Ecology of Industrial Areas in Katowice. The current status of the Institute’s work results
is:
- Framework of the Governmental Program for Postindustrial Areas approved by
Council of Ministries on 8 April of 2003;
- Governmental Program for Postindustrial Areas “REWITARE”, presently under
discussion by the ministries and will be signed by Council of Ministries at the end of
2003 or early of 2004.
The Framework of the Governmental Program for Postindustrial Areas is available in Polish
on the web site of Ministry for Environment –
http://www.mos.gov.pl/1materialy_informacyjne/raporty_opracowania/zalozenia.pdf .
A more detailed description of “Framework Program…” is presented in an article prepared
by Korcz M. and Janikowski R. included in Annex 1.
The definition of postindustrial areas is similar to the US EPA definition of brownfields.
One of the main problems that is planned to be solved within program is a systematic
inventory of contaminated land in Poland. It is planned that the inventory will be realized as a
three-level process:
- preliminary identification of contaminated land – whole Poland;
- preliminary investigation for all properties on which contamination is suspected;
- detailed investigation of all properties in which contamination was found and exists in
such degree that it poses a threat to human health
All properties on which contamination was found will be registered and simultaneously
developed procedures of health risk assessment will be applied to assess the site specific
health risk.
The preliminary decision on detailed investigation and reclamation of soil will be based on
the results of preliminary investigation and health risk assessment.
The final decision will include a detailed description of remediation goals and activities
necessary to obtain health risk reduction to the national risk standards.
3. Data acquisition and availability
The information about land contamination is not fully integrated.
The State Inspection for Environment Protection (SIEP) is responsible for providing
the information about chemical status of agricultural land. On behalf of SIEP, the Institute of
Soils Science and Plant Cultivation (IUNG) developed a soil monitoring system and provides
reports on the chemical status of agricultural land in Poland. The system provides data about
soil contamination with basic heavy metals as well as with PAH. Existing soil databases
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provide georeferenced information on soil properties such as soil pH, soil texture, organic
matter content and can be used for modeling purposes and to demonstrate pollutants behavior
under changing environmental conditions. The IUNG database contains information
characterizing 45000 soil samples collected from agricultural land. A more detailed
description is included in Annex 2 as an article of Dr. Stuczyński.
The other second source of information about soil contamination in Poland is the set of
geochemical databases developed by the Polish Geological Institute based on field campaigns
carried out at the end of 90’s.
Databases include information on the contents of heavy metals in topsoil, water as
well as sediments in water bodies and rivers.
Elaborated results of measuring campaigns are available as a set of maps of different
scales (basic is 1:200 000). The sampling pattern is based on regular or quasi regular grid.
Sampling density is different for different region. Basic is one sampling point for 4km x 4km
cell and in highly contaminated regions one sample per 2km x 2km cell.
The PGI develops also a detailed geochemical map of Poland in the scale 1:25000.
Both type of inventories present effect of diffuse pollution sources rather than point
sources.
It is proposed (within mentioned above REWITARE Program) to use both information
sources as an auxiliary information during the preliminary stage of contaminated land
inventory.
Beside the mentioned above, there is a regional inventory and regional database of soil
contamination for the central part of Silesian Voivodeship (Province). The database includes
data on soil contamination with 6 heavy metals (of scale 1:15000 – 1:20000) at more than
7000 points. The database was developed in 70’s and 80’s of the 20th century.
All three information sources contain data which are results of different analytical
methods. A direct comparison and aggregation of the results is therefore rather impossible.
It should be noted that the data available in central databases fulfil requirements of
comparative health risk analysis only for screening purposes but an active risk management
requires more detailed knowledge about nature of contaminant sources, contaminant fate and
transport as well as soil properties in unsaturated and saturated zone.
Basic parameters The soil can be divided into four groups:
-
-
-
-
mass transport characteristics (soil texture, unsaturated hydraulic conductivity,
diffusivities, moisture content/tension, bulk density, permeability, infiltration rate,
soil layering and others);
soil reaction characteristics that describes soil-contaminant reactions (Kd soil-water
partition coefficient that is site/contaminant specific, cation exchange capacity,
acidity [pH], redox [Eh], soil biota, soil nutrients, contaminant abiotic/biotic
degradation rates, soil mineralogy, contaminant properties and others);
contaminant properties (solubility in water, dielectric constant, diffusion coefficient,
water-octanol partition coefficient, soil-water partition coefficient, Henry’s constant,
molecular weight, vapour pressure, density, chemistry of water extracts);
soil engineering characteristics and properties (erodibility, depth to groundwater,
thickness of unsaturated and saturated zone, depth and volume of contaminated soil,
bearing capacity and many others).
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From this point of view the contents of databases should be thoroughly reviewed and
additional measuring campaigns planned and carried out.
4. Database management and structure of national inventories
The information on chemical state of land in Poland is managed by State Inspectorate
for Environment Protection. Direct access to the existing databases is possible only for
databases developer and their owners.
Within Program REWITARE it is proposed to develop an information system that will
enable the exchange of information on land contamination in Poland and will provide the
information for European Union networks.
It is assumed that the system will work as a set of databases developed on county
(poviat) level and as regional set of databases at voivodeship level. The country level is also
forecasted.
At county level, the databases will collect information from site monitoring and risk
assessment as well as data about reclamation goals and county priorities. Information will be
available as numerical maps of scale at least 1:10 000.
At voivodeship levels the county information will be aggregated and supplemented
with information on social degradation (unemployment, crimes) and economic degradation
assessed for whole sectors (mining, steel works).
The voivodeship databases will be developed as spatial information system with
possibility of exploring aggregated information. Forecasted basic scale of maps is 1:50 000.
Country level is forecasted as an information system that will provide aggregated
information for whole country about formal status of contaminated lands and metainformation
about voivodeship activities and contaminated sites.
At present the largest part of environmental information is available mainly as paper
copies. The information systems are developed in whole country at different level.
The most advanced are information systems developed in large towns (that are
functioning as independent counties) and at voivodeship levels. The voivodeship information
systems are developed by self-government administration1. The most comprehensive
information about environment and sources of pollution is provided at this level as a paper
and numerical map called “Sozological Map of Poland”. The scale of this map is 1:50 000.
On these maps areas forecasted within Physical Plan of Land Use for reclamation are
presented as separate objects.
Unfortunately this kind of objects is identified under the rule of Act about Protection
of Agricultural and Forest Lands not under the rule of Environment Protection Act. Generally
there is lack of register of contaminated land and databases connected with it.
The basic information about soil properties is available at offices of agricultural
geodesy (soil maps scale of 1:5000) and at the Institute of Soil Science and Plant Cultivation
(IUNG) – see Annex 2. Administrative supervision of this system is conducted by the
Ministry for Agriculture and in part of contamination by Ministry for Environment. Soil
At province level (called in Poland voivodeship) two type of public administration are acting – governmental
directed by Voivode and self-governmental directed by Marshall. The lower territorial structure: county (polish poviat) and municipality (polish - gmina) have only self-governmental administration.
1
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properties of forested lands are gathered in other type of information system. Spatial pattern
of soil properties is presented on forest maps of 1:5000 scale that are part of forest
documentation updated in 10-year cycles. This system does not include information about soil
contamination. The scientific supervision is conducted by the Institute for Forest
Investigation. Administrative supervision is conducted by Ministry for Environment.
The information about soil properties of other areas is not collected on a systematic
basis.
5. Classification and assessment systems for ranking the priorities of decontamination
action
The system for ranking priorities of decontamination actions is under development.
Two kinds of classification systems were developed for the needs of spatial planning.
Both systems were connected with agricultural land.
One system was developed by IETU and is known in Poland as the A,B,C system.
This system of classification includes the criteria for assessment of the entire agricultural
environment i.e. soil (heavy metals), air (pollution with sulphur compounds and dust) and
location in relation to major sources of contamination. In the Silesian Province, the system
was used for planning the prevention activity – mainly as subsidies for individual farmers on
soil liming.
Second system developed by IUNG (the Institute of Soils Science and Plant
Cultivation in Pulawy) is used for soil contamination assessment. System is based on heavy
metals contents (Zn, Cd, Pb, Cu, Ni, Cr) acidity, texture and organic carbon contents. Soil
contamination is divided into 6 classes (from 0 to 5). The system is used for crop type
planning (vegetables, grain plants, industrial plants) and for determination of reclamation
needs.
Due to the reclamation needs of large post-military areas (environmental debt after the
Soviet Army) in 1994, the State Inspectorate of Environment Protection published guidelines
that included also soil-water contamination assessment system. The included list of
contaminants as well as the intervention values were nearly identical with “Dutch” list.
Differences, among others, included division of land into three classes of sensitivity, taking
into account the hydraulic conductivity of soils as well as different depth of contamination.
This system was used for identification of reclamation needs up to 2001. In April
2001a new Act “Environmental Protection Law” was published that regulates a large part of
environmental problems. English translation of this act is available. This act entitled the
Minister for Environment to publish the standards for soil contamination, which are de facto,
a foundation of a classification and assessment system. The Minister for Environment
published ordinance in that matter in September 2002. The published soil quality standards
are similar to the guidelines from 1994. .
It is planned that the legal system for contaminated soil management will be
reconstructed in period 2004-2006 and will include site specific health (and environmental?)
risk assessment tools.
6. Risk assessment instrument at site-level, or above
Site specific health risk assessment instruments are developed by the Institute for
Ecology of Industrial Areas starting from 1996. One of such tools was developed within a EU
FP5 Project “NORISC” as a part of the NORISC Decision Support System for Contaminated
Site Investigation and Assessment. General background for including the site specific risk
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instruments into Polish management system has been developed earlier. The latest solutions
connected with risk based land management in Poland are developed within Strategic
Governmental Program “Health and Environment” by Institute for Ecology of Industrial
Areas (IETU) and Institute for Occupational Medicine and Environmental Health (IMPZS).
Conceptual model of risk based land management for Poland includes:
-
site specific health risk analysis as a basic tool for identification the needs of
contaminated lands reclamation;
- site specific health risk assessment as a basic tool for prioritizing reclamation tasks;
- assessment of the threat generated by contaminated land for water and groundwater
quality at catchment and sub-basin scale.
At higher level, additional factors of sustainable development will be included (e.g.
degradation of whole industrial sectors, degradation of urban districts, unemployment).
Recently generic risk assessment of contamination based on soil contamination
standards is one of the legal instruments. It should be noted that the values of Polish
standards are different for different groups of land use (e.g. for protected areas, for
sensitive areas and for industrial areas). A closer presentation of this problems is
enclosed in Annex4.
The second instrument that can be considered as risk assessment instrument is the
environmental impact assessment reporting system, however it is regarded as a “prevention”
part of the law. Established as legal instrument of environment protection and management 14
years ago, after several updates is now included into environmental protection law.
EIA reports have to include problems of land contamination and decontamination.
Two basic types of EIA reports are requested by law: type I - at site level for new installations
or investment that can cause threat for environment, type II - developed to assess the potential
impact of changes within physical plans of land use.
The EIA reporter is obliged to take into account all possible environmental effects
including hazard to health. The EIA reporter use generic risk assessment to develop the final
report. The environmental protection law cancelled the obligation of licensing this kind of
reporting activity. For remediation activities that are carried out on large areas the EIA is
requested and is realized.
7. Other decision-making mechanisms of the inventory and the decontamination actions
There is lack of other mechanisms for development of inventory actions.
Decontamination actions were conducted within post-military bases reclamation. The
decontamination actions during major accidents are regulated by Environmental Protection
Law and
8. Financial funding mechanisms
The main financing mechanism is based on the “polluter pays principle”.
Nearly all the polluted and degraded land in Poland is the responsibility of the state, in terms
of ownership. Now the state directly finances the reclamation of land in the former Soviet
military bases. Commonly known is the reclamation program at the Chemical Plant
Tarnowskie Góry in liquidation that include among others the concentration of chemical
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waste from old landfills in a new special landfill with simultaneous excavation of
contaminated soil and sediments from the local river bed.
Direct involvement of the state in projects financing is not the most desirable form, in terms
of economic efficiency. However in the situation of the Central European countries it is a
necessity resulted from perpetrator’s liability and, consequently, the financial responsibility to
reclaim. It is connected with the changes in the ownership law that had occurred between
1945 and the 90’s of the 20th century. In most cases the presently contaminated sites were at
some stage, or still are, owned by the state, or state owned enterprises were located at these
sites. Therefore, the main responsibility for reclamation lays on public authority.
The most advanced form of state interventionism that includes purchasing of a given property
and trading it back after remediation is up to now not applied in Polish conditions, however it
is possible from the legal point of view.
Indirect involvement of the state into financing of contaminated site remediation is at present
limited to:
- financing training and educational subprograms on environmental law
- co-financing of the research and development of measuring techniques and clean-up
techniques/technologies
- financing the monitoring and inspection system in relation to the contaminated
properties
Other possibilities of indirect involvement of state comprise co-financing of:
- identification (including preliminary assessment and preliminary investigation),
- detail investigation and development of technical specification for reclamation activity
- the system of information on contaminated sites
and are assumed within the planned REWITARE program.
Such solution is proposed since it may:
- facilitate a significant cost reduction of the entire clean-up process, and development
of contaminated sites
- enable systemic control and supports the mobilization of a number of businesses.
Beside central budget as the main financing source of contaminated land reclamation in
Poland, Environmental Protection Funds (EPF) should be mentioned. The EPF are
functioning at central, voivodeship, poviat and gmina level.
The main source of their functioning is a special kind of environmental taxes called in Poland
payment for the use of environment.
The EPF are financing and co-financing reclamation activities directly or indirectly. The
scope of their activity is similar to the central budget.
The third type of funds that should be taken into account in the case of reclamation are
European Funds. At present the involvement of these funds into reclamation and development
processes of contaminated lands is small. It is forecasted that within period 2004-2006 some
of the reclamation activities will be co-financed from these funds.
9. Regulatory authority framework and key players in soil protection and the
decontamination actions
The problem of regulation for soil protection and land reclamation is currently divided
between:
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-
Ministry for Agriculture and Rural Development (in part connected with agriculture
including ecological farming);
Ministry for Environment.
The major actors of soil protection and reclamation processes are:
- starosta (self-government administration at poviat level)
- land owner.
Generally the Environmental Law assumes that land owner is responsible for remediation of
contaminated land. The duty of land reclamation is rising automatically from the force of law.
It should be noted that this part of environmental law is questioned by the members of law
community as from other regulations it is evident that reclamation duty arises only after
finishing of legally conducted economic activity that had caused contamination.
Land owner is not responsible for reclamation when he informs starosta and demonstrates that
he is not perpetrator of the contamination and identifies the true perpetrator of the
contamination (but only in the case when the origin of contamination is before the date of his
coming into property possession). In such a case the responsibility stays with the true
perpetrator of the contamination.
In the case when perpetrator is other party than the land owner but the contamination becomes
known only with the new land owner, the co-responsibility for remediation falls also on him.
Additionally, if the contamination arose before 1980 the land owner is not responsible for
reclamation. It is the starosta who is responsible for reclamation of the historical
contamination . Moreover, if the land owner that was the possessor of the property on 1
October 2001 informs the starosta up to date of 1 June 2004 that the contamination of the
property arose before 1 October 2001 and the perpetrator of the contamination is other party
than the land owner, he will be released from the duty of land reclamation. In such a case the
starosta is responsible for reclamation (historical contamination). Other cases when the
starosta is responsible for reclamation are as follows:
 perpetrator of the contamination is not the possessor of such rights to the land that will
enable reclamation processes
 execution of reclamation duty is impossible or execution was ineffective or soil
contamination is a result of natural adverse phenomena or if decontamination is
requested due to the hazard to human life or health.
The last term – “hazard to health” is undefined in environmental law and is used in the
meaning of acute health and life risk.
Starosta is obliged to manage the register of contaminated land i.e. land on which the level of
contamination is higher than standards, based on information issued by Inspection of
Environmental Protection as well as on information from land owners. The register should be
updated on a yearly basis.
The Inspection of Environmental Protection is obliged to conduct the monitoring of the
environment in the entire territory of Poland– i.e. including also monitoring of soil
contamination.
Starosta is obliged to conduct periodically soil contamination measurements. Facultative
entitlement of the Ministry of Environment to regulate the way of soil sampling,
interpretation of results is included into environmental law but up to now the ordinance of
Ministry for Environment in this matter has not been published.
The above information should clarify why the registers of contaminated land are rather
incomplete.
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The list of research organizations connected with soil protection and reclamation is very large.
The main R&D units are:
- R&D units of Ministry for Environment (Institute for Ecology of Industrial Areas,
Institute of Environment Protection, Polish Geological Institute, Institute of Forest
Investigation and Institute of Water Management and Meteorology)
- R&D units of Ministry for Agriculture and Rural Development (Institute of Soil
Science and Plant Cultivation)
- R&D units of Ministry for Economy (Central Institute of Mining).
The list of R&D units and scientific institutes of High Schools (Universities, Technical
Universities) and Polish Academy of Science dealing with problems of soil protection and
reclamation is much longer.
This list should be accomplished by private consultancy enterprises, designing offices as well
as by the enterprises that conduct reclamation.
10. Legislation (acts, decrees) on soil protection and reclamation
This legal matter is regulated basically in two acts:
- Act of 27 April 2001 – The Environmental Protection Act2;
- Act of 3 February 1995 – Act on Protection of Agricultural and Forested Soils3.
The legal definition of soil is a part of a larger definition of land surface included into
Environmental Protection Act (art.3 point 25):
“land surface” shall mean the natural formation of the terrain, the soil and the earth
underneath the soil, extending down to the depth affected by man’s activity, with the term
“soil” meaning the upper layer of the lithosphere, consisting of mineral parts, organic matter,
water, air and organisms, and including the topsoil and subsoil.
The contaminated soil is not defined directly.
Soil quality standard describe the content of selected substances in soil and earth below which
any functions that are fulfilled by land surface are not disrupted.
The function that is fulfilled by land surface is assessed based on actual development and land
use if the Physical Plan of Land Use does not determine the other function. In such a case the
records of Physical Plan of Land Use prevail.
Under this act and a decree , the reclamation is understood as activity that ensures the
restoration of the chemical state of soil that is requested by standards.
The Act on Protection of Agricultural and Forest Soil does not include the definition of
contamination but a larger definition of degradation.
Degraded soil means soil of which agricultural or forest use value decreased, particularly due
to the fact of nature condition worsening or due to the changes of the environment and
industrial activity as well as incorrect agricultural activity. The soil that is degraded in such a
degree that it completely has lost its use value understood as productive capacity.
Under this act, soil reclamation is understood as activity that will improve the chemical and
physical soil properties. The reclamation activity in Poland developed under this regulation is
presented in Annex 3.
11. Specific legislation
Fragmentary regulations concerning mainly the elements of land reclamation procedures are
comprised in the following acts:
- Of 4 February 1994 – The Geological and Mining Law4;
2
Dz.U. from 2001,no.62,poz.627, the last changes Dz.U. 2003 no.80, item717
Dz.U. from 1995, no.16, poz.78, the last changes Dz.U. from 2003, no.162, item 1568
4
Dz.U.. from 1994, no.27,poz.96, with last changes in Dz.U. from 2002, no.240, poz.2055
3
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-
Of 27 April 2001 – Waste Act5 ;
Of 10 July 1994 – Act on the Development of the State Treasure Real Property that
was taken over from the Russian Federation Forces6;
Of 6 May 1981 – Act on Garden Allotments7;
Of 22 June 1995 – Act on Quartering of the Armed Forces of the Republic of Poland8;
Of 16 March 2001- Act on Ecological Agriculture9
The executive decrees published under these acts that are connected with soil protection and
reclamation are as follows:
- Decree of the Minister of Environment of 9 September, 2002 on soil quality standards
and earth quality standards10;
- Decree of the Minister of Agriculture and Rural Development of 21 March 2002 – on
permissible concentrations of heavy metals that contaminate soil
- Decree of Minister of Environment of 19 December 2001 on specific requirements
that should be met by hydrogeological and geological-engineering documentation11 ;
- Decree of Minister of Environment of 19 December 2001 on specific requirements
that should be met by geological documentation of extracted mineral deposits12 ;
- Decree of Minister of Environment of 28 December 2001 on specific requirements
that should be met by projects for deposits development13;
- Decree of Minister of Home Affairs and Administration of 14 June 2002 on the
Activity Plans of Mines14 ;
- Decree of Minister of Economy of 19 June 2002 on land survey and geological
documentation15.
The soil standards published in the decree on soil quality standards and earth quality
standards are presented in Annex 4.
12. National strategy concerning diffuse source pollution and immission.
The Environmental Protection Law and Water Law regulate all types of emitters. At
present there is no dedicated National Strategy for diffuse pollution sources. The nitrates,
phosphor compounds and heavy metals in fugitive dusts are regarded as main contaminants
from diffuse pollution sources. The problem is monitored by IUNG. The problem of nitrates
emissions and protective measures is regulated by the Act of 18 July 2001 – Water Law16 and
by related decrees e.g. the Decree of the Ministry of Environment of 23 December 2003 on
specific requirements that should be met by programs of activities aimed at reduction of
nitrogen release from agricultural sources17.
5
Dz.U. from 2001, no.62 poz.628, last changes in Dz.U. from 2003 no.7 poz.78
Dz.U. from 1994 no79, poz.363, last changes Dz.U. from 2002, No 200, poz.1683
7
Dz.U. from 1996, no85, poz.390, last changes Dz.U. from 2003, no110, pz.1039
8
Dz.U. from 2002, no.42 poz..368, last changes Dz.U. from 2003, no80, poz.718
9
Dz.U. from 2001, no.38, poz.452
10
Dz.U. from 2002, no165 poz.1359
11
Dz.U. from 2001, no153, poz.1779
12
Dz.U. from 2001, no153, poz.1778
13
Dz.U. from 2001, no157, poz1866
14
Dz.U. from 2002, no94, poz.840
15
Dz.U. from 2002, no92, poz.819
16 Dz.U. from 2001, No115, poz.1229 and No 154, poz. 1803 with changes from 2002 No113, poz.984, No130,
poz.1112, No233, poz.1957 and No238, poz.2022
17
Dz.U. from 2003 no4,poz.44
6
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13. Monitoring system of soil quality
As it was mentioned above , on behalf of the Inspection of Environmental Protection, the
monitoring system of soil quality is carried out by different R&D units as well as services of
the Inspection.
The monitoring is conducted as state monitoring – generally focused on diffuse pollution, and
local monitoring – generally focused on point pollution.
The general monitoring of agricultural soil is conducted by IUNG and Regional AgroChemical Laboratories (OSCHR).
Three main measuring programs were conducted.
First, when the Ministry of Agriculture and Food Economy has contracted Regional
Agro-Chemical Laboratories (OSCHR) to conduct measurements of heavy metals and sulfur
in soils and crops. The obtained data was compiled and interpreted by the Institute of Soils
Science and Plant Cultivation (IUNG).
In 1995, in addition to this extensive survey, IUNG was contracted by the Ministry of
the Environmental Protection to set up sites for continuous monitoring of chemical properties
of arable soils. This program has become an integral part of the State Environment
Monitoring System. This soil monitoring project evaluates the changes of arable soils
properties in time as measured at 216 monitoring sites. The results are used to evaluate the
extent of changes of the environmental quality of soils, farming practices, industry and other
human impacts.
A mineral nitrogen monitoring program was established in 1997 to collect soil samples
from 5000 soil profiles located throughout Poland. The program evaluates the distribution of
nitrogen forms in the spring and fall. Data from a three-year period are now available showing
mineral nitrogen content in soils of different origin and management.
Additionally to the monitoring program and survey of IUNG, the geochemical survey
of land surface was conducted by PGI. The results of survey were compiled and interpreted
by Lis F. and Pasieczna A. as Geochemical Atlas of Poland.
This activity was supplemented by soil regional monitoring conducted by Regional
Centre for Environment Control and Investigation in Katowice which conducted survey of
soil in central part of Silesian Province in co-operation with IETU.
The routine monitoring is conducted by services of the Inspection of Environmental
Protection. The results of the measurements are published in yearly reports. Generally, the
routine monitoring is focused on air and water while soil contamination is measured in the
framework of control activity rather than monitoring activity.
The local monitoring networks are developed in case of large industrial objects or for
the needs of particular municipalities. As an example the reclamation of Chemical Plant
“Tarnowskie Góry” may serve, where soil monitoring network provides results on soil
contamination changes with diffuse pollution (Cd, Zn, Pb) “typical” for Silesian region as
well as barium, strontium, arsenic, boron. The scope of measurements of the local monitoring
networks is established generally based on results of State Monitoring Network as well as on
locally suspected contamination.
In comparison to the knowledge on the effects of diffuse pollution on soil
contamination, the point pollution and its effects are recognised by the monitoring system in
an insufficient degree. This situation should be changed by developing an inventory of
contaminated land assumed in the REWITARE program.
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14. Regulation on liability
The Environmental Protection Act established environmental liabilities including
penalties for violation of environmental law. In cases not regulated by this law, Civil Code
should be applied.
Generally, a fine is imposed for violation of reclamation duties (see article 335-338 of
Environmental Protection Law).
15. How does land use planning consider contaminated lands?
The new Act of 27 March 2003 – On Planning and Spatial Development18 obliges to
consider problems of environment quality particularly of human health safety. As a main tool
the EIA reporting system is assumed. This new act does not introduce either any new legal
institution or instruments dedicated to the contaminated land management.
16. The control of the transfer of contaminated lands
The transfer of contaminated land is not regulated separately. In such a case general
regulations on the transfer of land are applied. Generally the transfer of agricultural land is
regulated by the Act of 11 April 2003 – On developing the Agricultural System19. The
transfer of other land is regulated by the Act of 21 August 1997- On the Management of
Real Estate20 . The contaminated soil that is excavated during construction works is treated as
waste. The management of excavated soil is regulated by the Waste Act. The management of
clean topsoil layer is regulated by Construction Law. After excavation, the clean topsoil layer
should be thoroughly stored and reused.
18 Dz.U. from 2003 no 80 poz.717
19
Dz.U. from 2003 no.64 poz.592
20
Dz.U. from 1997 no.115 poz.741, last changes Dz.U. from 2001 no154 poz.1800
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