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Gov. Decree No. 33/2000.(III.17.)
on activities that affect
the quality of groundwater
Authorised by the provisions set forth in articles 7 and 36, further in clause f), paragraph
(7), Article 110 of the Act LIII of 1995 on the general rules of environmental protection
(hereinafter: Kt.), further in the interest of conducting under controlled conditions any activity
liable to affect groundwater quality the Government has issued to following Governmental
Decree.
Article 1
The aims of the present Decree are to avoid as far as possible groundwater pollution, to
prevent pollutants from finding access to groundwater and the geological medium, to
minimise and eliminate pollution beyond the set limit values, to control the damage caused by
such pollution, further to establish rules towards attaining these aims, striving throughout at
the application of the best available technology.
Article 2
(1) The power of the present Decree extends – save for the exceptions mentioned in
paragraph (2) – to all forms of groundwater and geological medium, to the potential risk
substances and to all human activities, which are liable to introduce such risk substances into
the groundwater and the geological medium, further to all activities serving the purposes of
the present Decree.
(2) Exempt from the power of the present Decree are
a) activities not surpassing the domestic needs of private persons, except for the
prohibitions set forth in Article 5,
b) materials and activities falling under the scope of Act CXVI on nuclear power.
Definition of terms
Article 3
For the purposes of the present Decree, the terms used are defined as follows:
1. Groundwater: All water held in the saturated zone below the terrain surface, in direct
contact with the geological medium;
2. Geological medium: The terrain surface and the subsurface layers (the soil, rocks,
including the minerals, the natural and transitional forms thereof);
3. Soil: The topmost layer of the geological medium, which consists of mineral particles,
organic matter, water, air and live organisms;
4. Risk substance: Any substance produced by some human activity, which, because of
its toxic, carcinogenic, teratogenic, mutagenic, bio-accumulative, or other adverse effect,
poses a risk to the environment, to human health and to the uses of the environment when
present in the geological medium and/or in the groundwater. These substances include in
particular those listed in Annex 1 of the present Decree;
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5. Pollution: Any discharge deteriorating the state of the groundwater, or the geological
medium, which poses a risk to human health, to water uses, to the permitted uses of the
environment, and is harmful to the flora and fauna;
6. Level of pollution: Risk substance concentration in the groundwater or in the
geological medium, which can be described in terms of pollution limit values;
7. Pollution limit value (B): Risk substance concentration set forth in an act of
legislation, or in the absence of one, in an official ruling, with due regard in the case of
groundwater to the requirements of drinking quality and the aquatic ecosystem, in the case of
the geological medium of the full range of soil functions and the sensitivity of groundwater to
pollution;
8. Special pollution limit value (E): The pollution limit value determined in lieu of the
pollution limit value (B), in an official ruling supported by a quantitative risk assessment for
the particular situation, taking into consideration the actual land use, for a site, where the
activity had started before the Kt. has entered into force, or for areas, where the demonstrated
level of background concentration (Ab) is higher than the pollution limit value (B). The
special pollution limit value (E) must not be more stringent than the pollution limit value (B)
and must not be more lenient than the actual pollutant concentration determined analytically,
or than the remediation limit value of pollution (D);
9. Intervention pollution limit value (Ci): Risk substance concentration set forth in an act
of legislation, or in the absence of one, in an official ruling. In cases, where this limit is
exceeded and no special pollution limit value (E), or remediation limit value (D) applies, the
competent environmental authority (inspectorate) is obliged to intervene.
10. Remediation limit value of pollution (D): Concentration prescribed in an official ruling
under a remediation procedure, on the basis of a complex assessment involving the
distribution of the risk substance among the elements of the environment, a measurement, or
model investigation on its behaviour and spreading, a quantitative risk analysis and the land
uses. In the interest of preventing harm to human health and the ecosystem this is the target
concentration of remediation;
11. Background concentration (A): Representative value, typical concentration of a
particular substance reflecting natural, or close to natural conditions in the groundwater or in
the soil;
12. Demonstrated background concentration (Ab): Concentration representative of a
particular area as the resultant of natural conditions and a load via an element of the
environment other than groundwater and the geological medium. This is to be applied in lieu
of the background concentration (A);
13. Emission: Access of the risk substance to groundwater or the geological medium as a
result of human activity;
14. Disposal: Human activity performed with the aim of depositing, storing (dumping,
etc.) substances on the surface of, or within the geological medium;
15. Direct discharge to the geological medium: Access or disposal of the risk substance in
or on the surface of the geological medium, except deposition from the atmosphere;
16. Indirect discharge to groundwater: Access of a risk substance to groundwater from
the geological medium by seepage across the latter;
17. Direct discharge to groundwater: Access of a risk substance to groundwater without
seepage across the geological medium. Direct entry of the risk substance into the saturated
zone owing to changes in the groundwater table, or the pressure head is also classified a direct
discharge;
18. Jeopardy to groundwater: Human activity or neglect liable to cause pollution by
direct, or indirect discharge to groundwater, or by direct discharge to the geological medium;
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19. Source of pollution: Identifiable site of human activity, whence non-recurring,
continuous, or intermittent pollution reaches, or may reach the groundwater or the geological
medium. Sources are classified as point, spot and diffuse, or actual and potential;
20. Preventive environmental measure: Any engineering, economic, or organisational
action or measure – save remediation - implemented in the course, or as part of the activity
with the aim of minimising jeopardy by producing less and less hazardous substance,
preventing or reducing access of risk substances to groundwater and the geological medium,
controlling pollution propagation;
21. Engineered protection: All engineering measures classified among the preventive
environmental measures aimed at controlling, or minimising the access to the groundwater or
the geological medium of risk substances produced by human activities,
22. Remediation: Engineering, economic and management activity and measures aimed at
identifying the groundwater and the geological medium jeopardised, polluted, deteriorated
potentially or actually, further at remedying or mitigating the harm done, verifying the results
for compliance with the environmental objectives in the interest of the public;
23. Monitoring: A network of measuring, observing, sampling stations established with
the aim of keeping track of the changes in the state, level of pollution of the groundwater and
the geological medium (including pollutant spreading), together with the observation,
analytical, data collection activities, data processing, recording and assessment, covering also
other elements of the environment if necessary;
24. Sensitivity: The set of natural conditions characterising the resistance to risk
substances of the groundwater and the geological medium. The sensitivity classification of
areas is presented in Annex 2;
25. Prominently sensitive groundwater conservation area: The areas listed under items c)
and d) of the sensitivity category “A”, further under items b) and c) of the sensitivity category
“B”, further all areas under item d) of the sensitivity category “B” mentioned in Annex 2/1,
where the top of the main aquifer is less than 50 m deep below the terrain surface;
26. Risk: The potential extent of deterioration, harm to the ecosystem and human health,
further its probability of occurrence;
27. Quantitative risk assessment: Detailed investigation based on a baseline survey of a
particular polluted area with the objective of identifying the target condition of remediation,
further the special (E) and the remediation (D) limit values of pollution. The result is
expressed in the form of a risk quotient, obtained as the ratio of the actual pollution level of
the elements of the environment and the levels acceptable to the environment, the ecosystem
and Man;
28. Activity: Establishment, use of a facility, realisation, continuation of an operation,
abandonment, expansion of an existing plant or operation, changes in technology or product,
as well as any modification of the former;
29. Best available technology: The technology, method of operation and equipment
adopted for preventing - or where this is impossible to accomplish – for minimising emissions
and mitigating the impacts thereof on the environment as a whole. BAT serves as the basis of
setting the emission limit values. In this context
a) the term “technology” shall be understood to include the method of production, as
well as that used in designing, constructing, maintaining, operating and abandoning the
equipment (building, plant),
b) a technology is considered available if it is developed to the level where it can be
applied in the particular sectors of industry with acceptable technical and economic
parameters, taking into consideration the costs and benefits, regardless of its origin, and
providing it is available to the operator in a reasonable manner,
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c) best technology means that it is the most effective in affording high-level protection to
the environment.
General obligations
Article 4
(1) The activity
a) must not violate the prohibitions set forth in Article 5;
b) may be performed by conserving as far as possible the state superior to that corresponding
to the pollution limit value (B) of the groundwater and the geological medium;
c) must not result in deteriorating the quality of the groundwater and the geological medium
below the special pollution limit value (E), or in the absence thereof, the pollution limit value
(B),
d) may be performed in combination with preventive environmental protection measures by
applying the best available technology;
e) may be performed, providing that engineered protection is applied, if it involves the use,
or emission of risk substances, or materials decomposing into such;
f) may be performed under controlled circumstances, including the establishment and
operation of a monitoring network and reporting the data obtained;
g) may be performed under a permit for the discharge associated with it;
b) may be performed by observing the other requirements set forth in the present Decree.
(2) Remediation shall be obligatory in cases where the level of pollution has surpassed the
acceptable limit. The person who
a) has performed, or is performing the activity, or
b)
has assumed liability for the environmental harm
shall be obliged to take remedial action.
(3) In cases where the operator is unknown, or has been dissolved without a legal
successor, and where the activity, which jeopardises, pollutes or deteriorates the groundwater
and/or the geological medium, involves violation of the relevant provisions (hereinafter: the
violating activity)
a) has been started after the entry into force of the Kt., on the basis of Article 102 of the
Kt. it is the owner, or user of the site of the violating activity,
b) has been performed prior to the entry into force of the Kt., it is - according to the
functions and sphere of responsibility of the Hungarian State - the minister competent under
the work sharing pattern of the administration, or in the absence of another responsible
person, the minister responsible for the environment (hereinafter: the Minister)
who is responsible for taking remedial action.
(4) In cases where paragraphs (2) and (3) require the state to take remedial measures,
these measures shall be implemented under the National Environmental Remediation
Programme and the Sub-programmes thereof (hereinafter collectively: OKKP), observing the
substantial requirements set forth in the present Decree.
(5) The aims of the OKKP in applying the present Decree include
a):identification of the magnitude of risk, extent of pollution and deterioration of the
groundwater and the geological medium,
b) lowering the risk of pollution in the endangered areas, and
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c) reduction of the level, or elimination of pollution in the polluted area.
(6) Performance of the functions essential for the supervision and co-ordinated
implementation of the programme is included in the OKKP, together with the particular
remediation projects belonging to the sphere of state responsibilities in the Sub-programmes
controlled by the minister competent under the work sharing pattern of the administration.
(7) Performance of the national and general functions associated with the OKKP shall be the
responsibility of the Minister in co-operation with the ministers involved.
(8) The Minister and the ministers involved shall publish within 90 days of the promulgation
of the present Decree the name of the organisations charged with controlling the remedial
actions in their sphere of competence.
(9) The organisation mentioned in paragraph (8) shall compile and update yearly the
implementation time schedule of the redmediation projects within the sphere of competence
of the minister involved, in a breakdown by sources of pollution and polluted areas, taking
into consideration the order or priorities determined by the simplified preliminary risk
analysis and pre-classification – by the method laid down in the OKKP – as well as the
availability of funds.
Article 5
(1) Upon the entry into force of the present Decree it shall be forbidden
a) to discharge directly into groundwater a risk substance, or material containing such
substance, or one causing the appearance of such substance as a decay product, except for the
operations mentioned in paragraph (2), as well as returning groundwater abstracted for the
purposes of
aa) using geothermal energy,
ab) mining solid mineral raw materials, but in a system separated from the extraction of the
solid minerals, and
ac) dewatering civil engineering construction sites,
into the same aquifer, or one developed for the same purpose, provided that the re-injected
water causes no additional pollution thereof, further
ad) introducing small quantities for the purposes of scientific research on the state, volume
and quality parameters of the groundwater, and the minimal essential quantity for protecting,
or restoring the quality of groundwater, further
ae) groundwater recharging, that is direct, or indirect introduction of water into the
groundwater aquifer with the aim of enhancing the volume available for abstraction without
causing quality deterioration;
b) to discharge indirectly into groundwater a risk substance in the areas listed in clauses c)
and d) of sensitivity class “A” in Annex 2/1, except for the operation mentioned in clause ae)
above;
c) to deposit any risk substance in a deep mining operation, except for material needed for
mining the particular raw material and permitted for temporary storage in the plan of
operation.
(2) Providing that the criteria set forth in paragraph (3) are satisfied, a permit may be
granted according to Article 10 for
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a) introducing directly into groundwater and/or the geological medium water containing
substances, which originate from operations related to hydrocarbon extraction, further
b) injection of water of natural composition to promote hydrocarbon extraction into
geologic formation which may be considered closed as regards the spreading of risk
substances and from which hydrocarbon is being, or has been extracted.
(3) The permit mentioned in paragraph (2) shall be withheld, unless it is demonstrated by
the complex assessment of investigation data that
a) the recharge according to clause a) of paragraph (2)
aa) does not contain material other than such originating from the aforementioned
operation, and
ab) the best available technology is used for controlling groundwater pollution;
b) the water injected according to clause b) of paragraph (2) does not contain any risk
substance originating from human activity;
c) the direct discharges according to clauses a) and b) of paragraph (2) pose no risk to the
quantity and quality parameters of the elements of the environment, in particular groundwater,
nor to the present and future water uses, with due regard also to the requirements of ecology;
d) compliance with the provisions set forth in clauses a), b) and c) is monitored.
Rules of procedure
General rules of procedure
Article 6
To procedures conducted under the present Decree the provisions of the Act IV of 1957 on
the general rules of the procedures of state administration (hereinafter: Áe..) shall apply, with
the exceptions set forth in Article 66 of the Kt.
Article 7
(1) The environmental inspectorate (hereinafter: the inspectorate) shall start an
investigation, with the aims of checking the data, information received for the substantial
validity of the information contained in the report, deciding on the need of any official action,
and establishing the basis of an official procedure.
(2) Upon receipt of the data, information, the investigation shall be started
a) within 60 days in cases implying a violation of the prohibition set forth in Article 5,
b) within 90 days in other cases.
The inspectorate shall set the terminal date thereof depending on the magnitude of the risk
involved – except for the cases specified in the present Decree.
(3) Under the official investigation, the inspectorate may require the submission of the
announcement, report mentioned in Articles 14-16 within 30 days, providing that the data
which came to its notice relate to the operator of the activity, are suited to identification, and
that the date prescribed for the operator of the activity for obligatory reporting has not
expired, or that the operator of the activity is exempt from obligatory reporting.
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(4) Based on the data which came to its notice, the inspectorate shall conduct a site visit
as part of the investigation, registering the results thereof in a record with the substance
mentioned in Annex 5.
(5) The probability of pollution may be established
a) from the emissions of the actual or potential sources of pollution, b) from the volume
or characteristics of the activity, or
b) from information relating to the level of pollution in the polluted area – with the
exception mentioned in clause f) – if the level of pollution surpasses in the case of soils below
0.2 m depth in at least five samples, in the case of groundwater and the geological medium
not classified as soil in at least one sample the pollution limit values (B) or (E),
c) if in farmland soil the concentration of the risk substance surpasses in at least five
samples the pollution limit value (B) prescribed for the geological medium.
(6) Based on the findings of the investigation, on the opinion of other competent
authorities empowered to co-operate by other acts of legislation relating to groundwater and
soil conservation, further on the available data, the inspectorate shall decide, whether or not
the level of pollution requires any measure. In the cases mentioned in clause c) of paragraph
(5), the inspectorate shall take a measure.
(7) Based on the findings of the investigation, the inspectorate shall decide
a) on the adequacy of the data contained in the obligatory report;
b) on referring the case to the permitting authority;
b) in the event of abnormal, unforeseen environmental events, or abnormally severe
water pollution events requiring prompt intervention, on measures set forth in other acts of
legislation related to water pollution emergencies;
d) on introducing any necessary action, procedure by the environmental authority, in
particular permitting as set forth in the present Decree, remediation, or revision according to
paragraph (1) of article 73 of the Kt., or
e) that the data which came to the notice of the inspectorate require no further action.
Article 8
(1) For the purposes of the present Decree, any necessary samples shall be taken and the
quality analyses on groundwater and the geological medium shall be performed by methods
mentioned as acceptable in the relevant standard specifications.
(2) The report containing the analytical data obtained under the present Decree, shall
indicate the title and number of the standard specification according to which the analyses
were performed, or in the absence of a standard specification, the method adopted shall be
described.
(3) The quality analyses and the retrieval of samples shall be performed by an authorised,
accredited organisation (laboratory).
Article 9
At the same time that a ruling is posted to the operator involved on an obligation
concerning a case of jeopardy, pollution, harm of groundwater, and/or the geological medium,
the inspectorate shall notify the public health and the water authorities, in the case of a nature
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conservation area, or protected natural resource, the nature conservation authority, further the
authority involved in the procedure under paragraph (6) of Article 7, the self government and
the owner of the area.
The permit
Article 10
(1) Disposal of a risk substance, further direct, or indirect discharge thereof into
groundwater (hereinafter: permit subject activity) shall be prohibited – with due regard also to
the provisions of Article 5 – unless a permit is issued therefore by the inspectorate, or by
another authority, taking into consideration also the official opinion of the inspectorate.
(2) Permits on natural (pollutant) loads associated with farming, or forestry, or the use of
some substances are subject to other acts of legislation.
(3) The operator of a permit-subject activity shall carry out a preliminary investigation for
obtaining the permit, or the official opinion mentioned in paragraph (1).
(4) The inspectorate shall decide on the permit mentioned in paragraph (1) on the basis of
the permit supported by the data of the preliminary investigation, as set forth in Annex 4/1 of
the present Decree.
(5) The functions mentioned in Chapter II of Annex 4/1 are reserved to persons authorised
according to the Governmental Decree 12/1996. (VII. 4.) Korm., on the professional criteria
of carrying out environmental surveys and on the method of authorisation, further on the
substantial requirements of the survey report.
Permit criteria
Article 11
(1) The inspectorate shall withhold the permit, or its official opinion mentioned in Article
10, further the operating permit mentioned in Article 79 of the Kt., unless by a complex
deliberation of the environmental conditions, the engineered protection applied, the
monitoring thereof, the findings of the preliminary investigation, further of all other relevant
circumstances it is satisfied that compliance with the obligations set forth in the present
Decree is guaranteed, in particular
a) no pollution of the groundwater and the geological medium surpassing the limit value
will occur;
b) the activity does not entail violation of the prohibitions set forth in Article 5; and
c) the activity is conducted under controlled circumstances.
(2) In the permit, or in its official opinion the inspectorate shall specify the conditions of
conducting the activity as set forth in Annex 4/2, in particular
a) the method of discharge, the environmental preventive measures, the engineered
protection, the volume and performance of the activity, further its supervision,
documentation, reporting and monitoring;
b) the emission parameters, further if necessary
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ba) the intervention levels of pollution (Ci) and the special levels of pollution (E) applying
to the groundwater and the geological medium, as well as
bb) the remediation levels (D) of pollution.
(3) In all procedures requiring the determination of the emission parameters and limit
values mentioned in clause b) of paragraph (2) the authorities on public health, water and soil
conservation shall be involved as competent authorities.
The scope, supervision, amendment, withdrawal of the permit
Article 12
(1) The inspectorate shall issue the permit, or official opinion for a set period of time not
longer than 12 years and review it at intervals not longer than four years.
(2) The holder of the permit shall notify the permitting authority on any change in the
conditions specified in the permit for performing the permit subject activity, and/or in the
impacts thereof on the groundwater or the geological medium – within 30 days of such
change. Changes affecting the contents of the data sheet mentioned in paragraph (1) of Article
14 shall be reported on the basic data sheet.
(3)
The permit may be amended or withdrawn on the permit holder’s request
Article 13
(1) The permit shall be amended officially upon any change in the conditions serving as
the basis thereof and/or specified in the permit, or in the impacts of the activity on the
groundwater and/or the geological medium, further if this is made necessary by a natural, or
other inevitable cause.
(2) The inspectorate shall restrict, suspend or prohibit continuation of an activity posing a
hazard to the groundwater, polluting or deteriorating the groundwater and the geological
medium, or it shall initiate the necessary measures at the competent body, in cases where
a) pollution, or deterioration poses a severe risk to human health, or
b) jeopardy, pollution, or deterioration is continued regardless of repeated measures,
and/or
c) the operator fails to comply with his obligation prescribed by an authority ruling in the
interest of preventing, or controlling damages or water pollution as a consequence of which
the jeopardy, pollution or deterioration continues, further
d) the user of the environment fails to proceed with expectable care in the interest of
preventing damages and causes a continued risk of pollution or recurrence.
(3) The permit shall be withdrawn in cases where
a) owing to changed conditions no permit could be granted,
b) this is made necessary by the circumstances mentioned in paragraph (2).
(4) The rules applying to the issuing of the permit apply also to the amendment and
withdrawal of the permit.
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Notification, data reporting
Article 14
(1) The particulars of the activities, which pose a potential risk to the quality of the
groundwater shall be listed on the reporting form “Basic reporting form on the potential
harms and pollutant loads on groundwater and the geological medium” (hereinafter: the basic
reporting form) and/or on the “Detailed reporting form on the potential harms and pollutant
loads on groundwater and the geological medium (hereinafter: the detailed reporting form),
further on the “Annual report on the potential harms and pollutant loads” (hereinafter: annual
report) to be submitted for each site to the locally competent inspectorate (hereinafter: the
report).
(2) A basic reporting form shall be submitted
a) by the person intending to start a permit subject activity after the entry into force of the
present Decree and filing and application for a permit or an official opinion mentioned in
paragraph (1) of Article 10;
b) by the person obliged by the inspectorate according to paragraph (3) of Article 7;
c) by the person who performs a permit subject activity mentioned in paragraph (1) of
Article 10.
(3) A detailed reporting form shall be submitted
a ) by the person who files an application according to clause a) of paragraph (2);
c) by the person obliged by the inspectorate on the basis of the data listed on the basic
reporting form;
d) of the persons performing one, or several of the activities listed in Annex 3 of the
present Decree, those who’s activity poses a risk to groundwater quality and who, in the
course of his activity deposits
ca) more than 100 tons per year of a risk substance, the pollution limit value (B) of which in
groundwater is 1 mg/l, or higher,
cb) more than 1 ton per year of a risk substance, the pollution limit value (B) of which in
groundwater is lower than 1 mg/l.
(4) Of the persons obligated under paragraphs (2) and (3), an annual report shall be
submitted by those whom the inspectorate - after assessment of the data on the basic, or
detailed reporting forms - obliges to do so in a ruling.
(5) The basic, or detailed reporting form showing the actual data shall be submitted
a) by the persons obligated under clause a) of paragraph (2) and clause a) of paragraph (3)
at the time of filing an application for a permit, as part of the application,
b)by the persons obligated under clause b) of paragraph (2) and clause b) of paragraph (3)
by the date set in the ruling.
(6) The annual report shall be submitted by the January 31 following the reporting year.
(7) Any change during the year of report in the data entered on the basic reporting form
shall be reported to the inspectorate as part of the annual report, or on a new basic reporting
form, showing the data valid on the last day of the reporting year.
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Article 15
(1) The reporting forms and the form of the annual report are published in the official
journal of the Ministry of Environmental Protection (hereinafter: the ministry).
(2) Reports may be submitted on the printed forms disseminated by the ministry, or an
agency designated thereby, or on an electronic data carrier. The reporting person shall be
responsible for archiving the reports together with the methods of data collection, processing
and communication.
(3) The person obligated to report shall be responsible for the completeness of the data
reported, further for their agreement with the accounting rules, statistical and other filing
systems, as well as with the data registered.
Article 16
(1) The data reported under paragraph (1) of Article 14 are checked for their correctness
by the inspectorate, proceeding as set forth in Article 7, or in the case of permitted activities,
in Articles 10 - 13.
(2) The data received in compliance with the reporting, data communication obligation
are used by the inspectorate in deciding on any official measure, and for achieving the aims
set forth in Article 17.
(3) In cases of non-compliance with the provisions on environmental protection, including
those on reporting and data communication, the rules of contravention procedure shall apply,
unless the omission is classified a criminal act.
The registration system related to the Decree,
information management
The Environmental Registration System on Groundwater and the Geological Medium
Article 17
(1) In the interest of performing the decision-making, official, regulatory, registration,
planning, control, statistical, public information and executive functions related to the subject
of the present Decree, the minister shall operate via the adminstration organisation and the
inspectorates supervised by him, as a state function, as part of the system mentioned in clause
b), paragraph (12), Article 64 of the Kt, in co-ordination with the official registration system
mentioned in paragraph (2), Article 66 of the Kt. the Environmental Registration System on
Groundwater and the Geological Medium (hereinafter: FAVI)
(2) The centre of FAVI is the ministry, the regional centres are the inspectorates.
(3) Beyond the data serving the purposes of administration and identification, FAVI’s
mandate consists of collecting, registering, processing and disseminating data and information
on groundwater and the geological medium, in particular
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a) on the operators and activities jeopardising, polluting, deteriorating these,
b) on the hazards, loads, pollutants, harms caused,
c) on the state thereof,
d) on the requirements related to their state,
e) on the environmental protection measures related to their conservation.
(4) The data registered in the FAVI originate from the obligatory reports mentioned in the
present Decree, from official measures, further from the activities of the ministry and the
inspectorates in performing their functions under the provisions of various acts of legislation,
as well as from communication of other bodies of national, or regional scope.
(5) The FAVI data are public and of public interest, or are classified under the Act LXV
of 1995 on state and service secrets. The data not labelled with special identifiers may be used
for the purposes of statistics, subject to the provisions set forth in paragraph (3), Article 19 of
the Act LXIII of 1992 on the protection of personal data and on the publicity of the data of
public interest.
(6) For operating FAVI, the data collected under already functioning data reporting
systems and fitting into the FAVI system shall be transferred to the latter.
(7) Transfer, receipt, management and disclosure of classified data shall be subject to the
Governmental Decree 79/1995. (VI. 30.) Korm. on the management of classified information.
(8) The data registered from the reports submitted under the provisions of the present
Decree and processed by the inspectorates shall be returned for information and verification to
the reporter. The reporter may initiate correction of the data, if these differ from those
reported by him.
(9) International transfer of data relating to the quality of groundwater and the geological
medium shall be managed by the minister in co-operation with the ministers involved.
Remediation
Article 18
(1) The phases of remediation consist of
a) the survey, which may comprise preliminary and detailed investigations,
b) the engineering measure and
c) monitoring.
(2) Any of the remediation phases can be repeated as necessary.
(3) In cases where under paragraphs (2) and (3) of Article 4 the state is obliged to take
remedial action, the inspectorate shall reach agreement in setting the data of compliance with
the rulings on remediation with the organisation mentioned in paragraph (8) of Article 4,
taking into consideration also the time schedule of the Sub-programmes mentioned in
paragraphs (6) and (9) of Article 4.
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(4) Remedial action shall be carried out in a manner suited to preventing the pollutant
from being transferred to another element of the environment and to minimising
environmental harm and risk.
(5) Depending on the magnitude of the environmental risk involved, the inspectorate may
pass, if warranted, a comprehensive ruling on the procedure regulated in Articles 19-18 of the
present Decree, or on some parts thereof.
The survey
Article 19
(1) The inspectorate ruling – under clause d), paragraph (7) of Article 7 – on a preliminary
and detailed investigation mentioned in clause a), paragraph (1) of Article 18 shall contain
a) the factors, parameters taken into account in deciding on the probability of pollution of
groundwater and/or the geological medium, indicating the methods and investigations, in the
case of chemical analyses also the detection limits considered desirable,
b) the date set for submitting the terminal survey report,
c) the name of the person obligated to perform the survey,
d )the area presumably affected by the potential pollution,
e) the obligation to prepare a survey plan, the submission date thereof, if warranted by the
extent of pollution or by the complexity of the geological structure and the hydrogeological
conditions.
(2) The survey plan shall contain all survey related works, together with the monthly
schedule thereof, which are necessary for compiling a relevant terminal survey report,
including the plans a monitoring network operated during and if necessary after the survey
period.
(3) The survey plan shall be submitted for approval to the inspectorate by the date set in
the ruling mentioned in paragraph (1).
Article 20
(1) The inspectorate shall be notified without delay on the commencement of the survey
and on any abnormal circumstance encountered in the course thereof.
(2) Records shall be kept on the survey. The terminal report shall be compiled according
to Annex 6 and shall be submitted to the inspectorate.
(3) If warranted by the facts observed in the course of the survey and on request by the
person obliged to perform the survey, the inspectorate may approve a departure from the
survey plan, or a modification thereof.
Article 21.
(1) In determining the remediation limit value of pollution (D) – broken down if
necessary to part-areas and depths – allowance shall be made
a) for the geological-hydrogeological conditions of the area and for its sensitivity
determined according to Annexes 2/1 or 2/2,
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b) for the pollution limit value (B), the special pollution limit value (E) and the
intervention pollution limit value (Ci),
c) for the presumable state prior to pollution, deterioration and the demonstrated
background concentration (Ab),
d ) for the magnitude of the risk to human health, taking into consideration the actual land
uses and those envisaged in the community development plan for the polluted area and the
entire impact area,
e) for the remediation, or impact mitigation method proposed,
f) for the result of the risk assessment,
g) for the technical and financial feasibility, further for the cost effectiveness of
remediation.
(2) The remediation limit value of pollution (D) prescribed
a) must not be lower than the demonstrated background concentration (A b) (as the lower
limit),
b) must not be higher than the highest concentration estimated with due regard to the land
uses for a particular area (space), which poses no risk to human health, the ecosystem and
permitted water uses (as the upper limit).
Article 22
(1) The inspectorate shall decide in a ruling, based on the terminal survey report, on the
opinion of the competent authorities - and in respect of land uses - on the community
development plan, on the approval of the terminal report, as well as on any further pollution
related action, thus on
a) additional investigations,
b)determination of a special pollution limit value (E) and/or a remediation limit value of
pollution (D),
c ) the necessity of implementing an engineering measure and/or the preparation and
submission of an implementation planof the engineering measure, if the level of pollution is
higher than the remediation limit value of pollution (D),
d) the suspension of remediation,
e) ordering continued monitoring,
f) the termination of remedial action, if it is concluded from a combined assessment of all
circumstances, that the low level of pollution warrants no further remediation.
(2) In deciding on the need of remediation and in the procedure aimed at the
determination of a remediation limit value of pollution (D) the public health authority shall
always be involved as a competent authority.
Engineering measures
Article 23
(1) An engineering measure under clause b), paragraph (1) of Article 18 is started in
response to an inspectorate ruling which applies to the activities mentioned in clause c) of
Article 22.
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(2) The plan of the engineering measure shall contain, with regard to Annex 7/1, the
following particulars:
a) the remediation limit value of pollution (D) determined by the inspectorate,
b) the drawings of the engineering measure suited to attaining the target set in clause a),
the time schedule of implementation,
c) the drawings and operating instructions of the monitoring networks to be operated
during and after the implementation of the engineering measure,
d) the plan proposed for the storage and safe disposal of the risk substance extracted.
(3) Upon approval of the plan of the engineering measure, the inspectorate will decide
whether the engineering measure shall be implemented, or not.
(4) The substantial requirements of the ruling on implementing the engineering measure
are set forth in Annex 7/1.
(5) The inspectorate shall be notified on the commencement of work on the engineering
measure. The inspectorate shall supervise the work. The site may be inspected without
previous notification. A diary registering the work on the engineering measure shall be kept.
(6) If warranted by the facts observed in the course of the works on the engineering
measure and on request by the person obligated, the inspectorate may approve a departure
from, or the modification of, the plan of the engineering measure.
Article 24
(1) Upon terminating work on the engineering measure, the inspectorate shall be notified
within eight days and the possibility of taking verification samples shall be ensured.
(2) The report mentioned in paragraph (1) shall contain the reference number and subject
of the implementation ruling, the date of terminating work according to the field diary, further
the mode of ensuring official verification sampling.
(3) The inspectorate shall put on file the report mentioned in paragraph (1) and notify
thereon the submitter of the report.
(4) Verification sampling may take place up to the approval of the terminal report on the
engineering measure.
Article 25
(1) The terminal report on the engineering measure, the substantial requirements of which
are specified in Annex 7/2, shall be submitted to the inspectorate within 30 days of
terminating work on the engineering measure.
(2) Upon receipt of the terminal report on the engineering measure, the inspectorate shall
issue a ruling
a) in the event that the engineering measure is inadequate, on the continuation thereof,
b)on additional investigations, or
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c) on the termination of the engineering measure by approval of the terminal report,
further
d) on the continuation, expansion, operation of monitoring and on any other follow-up
monitoring tasks, and/or
e) on the termination of remediation.
Follow-up monitoring
Article 26
(1) The person obliged to take remedial action shall ascertain continuously and upon
termination of the successive phases, under the follow-up monitoring programme mentioned
in clause c), paragraph (1) of Article 18, during the remediation phases mentioned in clauses
a) and b), paragraph (1) of Article 18, the impacts on the environment and effectiveness of
these activities, the level of pollution and deterioration, the elimination thereof.
(2) Follow-up monitoring shall include
a) the programme,
b) operation and
c) supervision thereof.
(3) Follow-up monitoring is performed under the inspectorate ruling mentioned in clause
e), paragraph (1) of Article 22 and in clause d), paragraph (2) of Article 25, in accord with the
follow-up monitoring programme and the operating instructions thereof.
(4) Follow-up monitoring prescribed by an official ruling serves to yield information on
the state of the area remediated and the impact area, and includes:
a) measurement, observation and recording particular parameters of the elements of the
environment investigated;
b) collection, processing, registration and regular assessment of the measurement and
observation data;
c) submission of reports of the contents and at the frequency specified in the inspectorate
ruling on follow-up monitoring;
d) preparation of assessment reports at time intervals specified in the ruling,
e) preparation of a revision programme for modifying follow-up monitoring.
(5) The part of the follow-up monitoring programme relating to the monitoring network
shall include
a) review of the structures potentially suited to conversion into parts of the monitoring
network envisaged in the are to be investigated,
b) identification of the elements of the environment, parameters and components to be
investigated,
c) identification of the types of the measuring-, observation- and supervision facilities,
preparation of the layout plan.
(6) The operation plan of the follow-up monitoring network shall include by elements of
the environment
a) the frequency of measurements, observations on the selected parameters and components,
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b) the methodology of measurements, observations and sampling, further the recording
thereof,
c) registration and order of processing of the measurement, observation data,
d) the methodology of state assessment based on the data obtained under the monitoring
programme,
e) the order of data storage and reporting.
(7) In the event that circumstances other than those envisaged in the programme are
encountered in the course of monitoring, the revision mentioned in clause e), paragraph (4)
shall be introduced without delay, and operation shall be continued according to the modified
programme mentioned in paragraph (6).
(8) Follow-up monitoring shall be continued
a) for at least four (4) years after the remediation limit value of pollution (D) is attained,
b) as long as the lasting deterioration of the environment exists.
(9) The inspectorate may depart, ifrequired, from the provision mentioned in clause a),
paragraph (8).
(10) The terminal report on follow-up monitoring shall include a description of the
activities mentioned in paragraphs (5), (6) and (7), further a comprehensive state assessment
of the elements of environment investigated.
(11) Depending on the findings of the terminal report compiled upon the termination of
follow-up monitoring, the inspectorate shall make a decision
a) on an engineering measure, which may supplement the former,
b) on the continuation of follow-up monitoring, if necessary,
c) on the termination of follow-up monitoring..
Provision related to remediation
Article 27
(1) the provisions of other acts of legislation shall be applied to the treatment and safe
disposal of the risk substances separated from groundwater and/or the geological medium in
the course of remediation, further of the material removed from its original environment
(place) and inaccessible to treatment to the desirable level even by the best available
technology..
(2) Investigations and remedial actions on pollution remaining after emergency operations
mentioned in a separate act of legislation on water pollution emergency measures 1 shall be
subject to the provisions of the present Decree.
(3) The permit holder shall dispatch within 30 days of the inspectorate’s approval one
copy of the baseline survey, engineering measure and follow-up monitoring reports to the
Hungarian Geoloegical Service for use in its database.
1
The Governmental Decree 132/1997. (VII. 24.) Korm. on functions related to water
pollution emergencies
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Article 28
(1) In cases where the survey, or follow-up monitoring on pollution, which originates
from a particular operation, or from a particular site (point source), extends to an area owned
(used) by a person other than that (those) mentioned in paragraph (2) of Article 4, the owner
(user) of said property is obliged to tolerate the remediation work performed under a state
administration ruling on his property.
(2) Remediation interfering with the normal use of a property mentioned in paragraph (1)
must not be performed, unless it is impossible to carry out by another method, or from another
property and unless such interference is a temporary one only.
(3) For any loss caused by remedial action on a property mentioned in paragraph (1), the
owner (user) of said property is entitled to damages compensation. The magnitude and
method of such compensation shall be determined according to the rules referring to
compensation of damages.
(4) The permit holder shall notify the owner (manager, user) of such property of the
commencement time of remediation (survey, follow-up monitoring) at least 30 days prior to
starting work on it.
(5) In cases of a combined impact of point sources associated with several operations, or
omissions (spot source of pollution), remedial actions shall be implemented, besides
complying with the provisions set forth in paragraphs (1), 2), (3) and (4), in a concerted
manner, applying the principle of joint liability to cases of several operators, as laid down in
Article 102 of the Kt.
Lasting environmental deterioration
Article 29
(1) In cases of lasting environmental deterioration the procedure laid down in paragraphs
(1) and (2), Article 52 of the Kt shall be followed.
(2) The inspectorate shall declare the fact of lasting environmental pollution in an official
decision stating the type and level of deterioration based on the findings of the baseline
survey, if
a) the original state of the environment can be restored by a measure, or not at all;
b) during a set period of time following the presentation of the terminal report on the
baseline survey, the environmental quality corresponding to the land use(s) in the area is
impossible to attain
ba) by the engineering measure envisaged, and/or
bb) owing to the omission or delay of the engineering measure.
(3) In the event of an entry into the land register, the type of lasting environmental
deterioration may be
a) harm to the geological medium caused by a risk substance,
b) harm to the groundwater caused by a risk substance,
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c) both harms mentioned in clauses a) and b).
(4) The entry mentioned in paragraph (3) shall include
a) the name of the risk substance causing deterioration, or of the group thereof,
b) any land use restriction imposed - owing to lasting deterioration – in the official
declaration, or under another act of legislation, and
c) any remedial measure implemented, adding also the remediation limit value of pollution
(D).
(5) The fact of lasting environmental pollution shall be revised by the inspectorate at fouryear intervals of time, or on request of the client. Depending on the findings thereof it issues
an instruction to enter the change(s) into, or delete the entry from, the land register.
(6) In the event that the lasting deterioration in the area affected is caused by several risk
substances, which differ in type and risk potential, each shall be named in the declaration.
(7) As a measure of the extent of lasting environmental deterioration, the magnitude of the
affected area – with boundaries shown on a map, in cases of groundwater pollution, the
projection on the terrain surface of the affected formation (aquifer) shall be entered into the
land register, as well as any change therein mentioned in paragraph (5).
(8) Parallel to initiating the entry of the affected area into the land-register, the
inspectorate dispatches its ruling to the owner (user) of the property, further to the local
government and authorities competent in the area. Notification on any change mentioned in
paragraph (5) is given in the same manner.
Legal consequences
The groundwater pollution fine
Article 30
(1) A groundwater pollution fine (hereinafter: fine) shall be levied on an operator for
a) violation of the prohibitions set forth in Article 5, or
b) non-compliance with a legally valid ruling on the execution of an engineering
remediation measure.
(2) The magnitude of the fine equals
a) the violation factor FABa in cases of a fact mentioned in clause a), paragraph (1), that is
violation of any of the prohibitions set forth in Article 5,
b) the pollution, detriment factor FABb in cases of a fact mentioned in clause b), paragraph
(1)..
(3) The violation factor FABa is found using the formula presented in Annex 8/1.
(4) The pollution, detriment factor FABb is found using the formula presented in Annex
8/2.
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(5) The formulae presented in Section I of Annex 8/1 and in Annex 8/2 shall be used
separately
a) for each risk substance,
b) for groundwater pollution and/or detriment, further for pollution of the geological
medium,
the magnitude of the fine being the sum of the results obtained.
The rules of levying the fine
Article 31
(1) The magnitude of the fine is determined by the inspectorate with the help of the
calculations described in Annexes 8/1 and 8/2 of the present Decree, using the data available
officially and reported by the client.
(2) In cases involving the violation of a prohibition, the fine mentioned in clause a),
paragraph (2) of Article 30 is imposed by an official ruling of the inspectorate following the
baseline survey, or the screening survey described in Article 31.
(3) In cases where the inspectorate has ordered a remediation engineering measure to be
implemented, and the time, or method of meeting the remediation obligation failed to comply
with the order, the fine mentioned in clause b), paragraph (2) of Article 30 is imposed by an
official ruling of the inspectorate..
Article 32
(1) In the official ruling on levying a fine, the deadline of payment must no be longer than
90 days.
(2) No fine lower than 50 000 Ft need be levied.
(3) In an area polluted earlier with the same risk substance, the fine mentioned in clause
b), paragraph (2) of Article 30 shall be levied on the present polluter, who bears no liability
for the earlier pollution, on the basis of the concentration increment of the risk substance
and/or the size increment of the area affected.
(4) In the same area the fine can be levied on the same operator repeatedly for earlier and
recent pollution.
(5) In the event of a spot source of pollution mentioned in paragraph (5) of Article 28,
which is shared by several operators, the fine mentioned in clause b), paragraph (2) of Article
30, shall be determined by observing the principle of joint responsibility.
(6) The fine shall be paid to the account of the Environmental Fund, applying
appropriately the provisions of other acts of legislation on environmental fines imposed by the
inspectorate.
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Levying a fine on the basis of a screening survey
Article 33
(1) In cases of an infringement upon a prohibition of discharge into groundwater
mentioned in Article 5, the inspectorate shall be free to decide in favour of a screening survey.
(2) The screening survey is confined to the identification of the quality and quantity of the
risk substance discharged directly into, or jeopardising, the groundwater, further to the
determination of depth of penetration of the risk substance into the aquifer.
(3) The fine is levied by the inspectorate in an official ruling following the approval of
the screening survey, regardless of prescribing an engineering remedial measure.
(4) In cases where an engineering remedial measure is also prescribed, the fine based on
the pollution, deterioration factor FABb is levied as provided for in paragraph (3) of Article
31.
Transition and final provisions
Article 34
(1) This Decree - except the provisions of paragraph (2) – shall enter into force on the 7th
June, 2000.
(2) The provisions of paragraph (3), Article 8 of the present Decree shall enter into force
on the 1st May, 2001.
(3) The operator of an activity involving a violation of the prohibition at the time of entry
into force of the present Decree, shall discontinue any direct discharge of the materials shown
on List 1 of Annex 1 by the 31st December, 2001.
(4) In groundwater pollution control areas classified into category “A” any quality
deterioration of groundwater and/or the geological medium, which exists already at the time
of entry into force of the present Decree shall be remedied by the operator obligated under
paragraph (2) of Article 4 by he 31st December, 2010 at the latest..
(5) The announcement, data reporting by the operator of an activity subject to a permit
under the present Decree, which he started prior to the entry into force of the present Decree,
the inspectorate shall initiate a revision under paragraph (1), Article 73 of the Kt within three
years of the entry into force of the present Decree.
(6) In the case of wastewater storage reservoirs, artificial ponds existing at the time of
entry into force of the present Decree, where no risk substance classified into the category K1
is discharged directly into groundwater, the inspectorate shall oblige the operator within two
years of the entry into force of the present Decree to perform an environmental revision under
paragraph (1), Article 73 of the Kt. Until the findings of such revision become known, these
activities shall be exempt from the legal consequences set forth in clause a), paragraph (1) of
Article 30.
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(7) The procedure set forth in paragraph (5) shall be followed in the case of an operator of
an activity mentioned in clause b), paragraph (1) of Article 5, which he started prior to the
entry into force of the present Decree. Until the findings of such revision become known,
these activities shall be exempt from the legal consequences set forth in clause a), paragraph
(1) of Article 30.
(8) Activities started prior to the entry into force of the present Decree shall comply with
the provisions of the present Decree by 31st October, 2007, except those mentioned in
paragraphs (59, (6), (7) and (8).
(9) An operator obligated under clause c), paragraph (2) of Article 14, and/or clause c),
paragraph (3) of Article 14 of the present Decree shall submit to the inspectorate the basic
reporting form, the detailed reporting form mentioned in paragraph (1) of Article 14, within
180 days of the entry into force of the present Decree, showing the actual data at the time of
submission.
(10) The pollution sensitivity classification of the areas shall be indicated in the new, or
amended community development plans approved after 31st March, 2001
Article 35.
(1) As of the entry into force of the present Decree, the Governmental Decree No.
32/1964. (XII.13.) Korm. on the execution of the Act IV of 1964 on water shall be amended
as follows:
a) Article 23 shall be replaced by the following provision:
“Article 23. Materials, which have a polluting impact, but cause no contamination, or
harmful pollution may be discharged into surface water in compliance with the stipulations of
the agencies empowered to grant official permits.”
b) Clause a), paragraph (1) of Article 27 shall be replaced by the following provisions:
(The legal person, body having no legal personality and private person, whose plant)
“a) contaminates, or pollutes detrimentally a river, stream, lake, reservoir or public canal
(hereinafter: recipient), or jeopardises in the case of unforeseeable environmental events
(accidents) groundwater by spilling on, or introducing into,. the soil a liquid, or solid
contaminant or detrimental pollutant
(shall be obliged to pay a pollution fine).
(2) As of the entry into force of the present Decree, clause b), paragraph (2) in Article 1 of
the Decree 3/1984. (II.7.) OVH on the wastewater fine shall cease to have effect.
(3) The minister shall be responsible for implementing the present Decree. In discharging
this function he shall take the necessary executive measures and shall compile, or amend the
basic and annual reporting forms, publishing these in the official journal if the ministry.
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Article 36
In the case of discharge into groundwater with transboundary impacts, the authority
intending to issue a discharge permit shall proceed according to the rules set forth in the
Governmental Decree 152/1995. (XII.12.) Korm. on the sphere of activities subject to
environmental impact assessment and on the detailed procedural rules of the official process
related thereto, as amended by the Governmental Decree 172/1999. (XII. 6.) Korm.
Article 37
The provisions set forth in the present Decree are compatible with those of the Council
Directive 80/68/EEC on the protection of groundwater against pollution caused by certain
dangerous substances, and harmonise with Article 3 of Act I of 1994 on the promulgation of
the Europe Agreement establishing an association between the European Communities and
their member states, of the one part, and the Republic of Hungary, of the other part. Done at
Brussels on the 16th day of December in the year 1991.
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Annex 1
to the Governmental Decree 33/2000. (III. 17.) Korm.
LISTS OF RISK SUBSTANCES
Annex to the Council Directive 80/68 (1979. XII. 17) EEC
adopted by the European Economic Communities
List I contains the individual substances which belong to the families and groups of
substances enumerated below, with the exception of those which are considered
inappropriate to list I on the basis of a low risk of toxicity, persistence and bio-accumulation.
Such substances which with regard to toxicity, persistence and bio-accumulation are
appropriate to list II are to be classed in list II.
I. List of substances classified K1 with regard to their dangerousness
1. Organohalogen compounds and substances which may form such compounds in the
aquatic environment
2. Organophosphorus compounds
3. Organotin compounds
4. Substances which possess carcinogenic mutagenic or
teratogenic properties in or via the aquatic environment
5.
Mercury and its compounds
6. Cadmium and its compounds
7. Mineral oils and hydrocarbons
8. Cyanides.
II. List of substances classified K2 with regard to their dangerousness
List II contains the individual substances and the categories of substances belonging to the
families and group of substances listed below which could have a harmful effect on
groundwater.*.
1. The following metalloids and metals and their compounds:
1. Zinc
2. Copper
3. Nickel
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4. Chrome
5. Lead
6. Selenium
7. Arsenic
8. Antimony
9. Molybdenum
10. Titanium
11. Tin
12. Barium
13. Beryllium
14. Boron
15. Uranium
16. Vanadium
17. Cobalt
18. Thallium
19. Tellurium
20. Silver.
2. Biocides and their derivatives not appearing in list I.
3. Substances which have a deleterious effect on the taste and/or odour ofgroundwater, and
compounds liable to cause the formation of such substances in such water
and to render it unfit for human consumption.
4. Toxic or persistent organic compounds of silicon, and
cause the formation of such
compounds in water, excluding those which are
biologically harmless or are rapidly converted in water
into harmless substances.
5.
Inorganic compounds of phosphorus and elemental
substances which may
phosphorus.
6. Fluorides.
7. Ammonia and nitrites.
* Where certain substances in list II are carcinogenic, mutagenic or teratogenic, they are
included in category 4 of this list.
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Annex 2/1
to the Governmental Decree 33/2000. (III. 17.) Korm.
Area classification by pollution sensitivity
“A” Areas of elevated sensitivity, intervention pollution limit value Ci = C1
a) Ecological (green) corridors designated by a separate act of legislation, and areas
included in the list of Natural Waters of International Significance are,
b) the 0.25 km wide strip along the shoreline of lakes owned by the state under Act LVII
of 1995 on water management,
c) karst areas where limestone, dolomite, lime- and dolomite marl formations are situated
on, or within 10 m depth of, the surface,
d) core, external and “A” hydrogeological zones designated under a separate act of
legislation around developed and future sources of drinking water supply, abstraction of
mineral- and medicinal waters, further also the “B” hydrogeological zones around karst-,
unconfined groundwater and bank filtered sources of drinking water supply,
e) national parks, prominently protected nature conservation areas, biosphere sanctuaries,
f) areas earmarked for protection mentioned in clause e) of category “A”, registered by
the ministry responsible for the environment and the designation procedure of which is
already under way.
“B” Sensitive areas, intervention pollution limit value Ci = C2
a) The 0.25 – 1.0 km wide zone along the shoreline of owned by the state under Act
LVII of 1995 on water management,
b) all karstified areas not included in category “A”, where limestone, dolomite, lime- and
dolomite marl formations are situated within 100 m depth of the surface, except where
demonstrated by a local investigation that a risk substance takes more than 100 years to reach
the aquifer from the surface,
c) hydrogeological zones designated, or being designated under a separate act of
legislation around developed and future sources of drinking water supply, abstraction of
mineral- and medicinal waters, which are not classified into category “A”,
d) all areas, under which the main aquifer is less than 50 m deep below the surface, or is
between 50 and 100 m depth, but the cover formation consists of sand or gravel and the area
is not classified into category “A”, except where demonstrated by a local investigation that a
risk substance takes more than 100 years to reach the main aquifer from the surface,
e) all areas under which there is no main drinking water aquifer formation, but a yielding
layer (at least equivalent to sand) exists in the vicinity of the surface,
f) nature conservation areas of national, or local significance, not covered by clauses a)
and e) of category “A”, further the protective (buffer) zones designated under a separate act of
legislation of the nature conservation areas covered by clauses a) and e) of category “A”,
g) areas mentioned in clause f) of category “B” earmarked for protection, registered by
the ministry responsible for the environment, or in the case of areas eligible for local
protection, by the clerk of the municipality, and the designation procedure of which is already
under way.
“C” Moderately sensitive areas, intervention pollution limit value Ci = C3
Other areas not included in categories “A” and “B”.
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Annex 2/2
to the Governmental Decree 33/2000. (III. 17.) Korm.
Special local sensitivity studies
1. In the case, where under more than 95 per cents of the area within the political
boundaries of a community, pollution is transported downward by the percolating water
across the lower boundary of the first saturated zone at rates higher than 0.5 m/year while
pumping at the highest safe yield, the sensitivity classification of that community of the result
of a detailed local study may be revised on the basis of the result of a detailed local
investigation made by, or for, the interested parties and approved by the competent authority.
2. The sensitivity category determined for the administrative area of a community may
be modified for a clearly defined thoroughly explored part-area of the same community, on
the basis of
2.1. the 1:100 000 scale pollution sensitivity map (VITUKI Rt.) available at the
environmental inspectorate, or
2.2. the result of a detailed local investigation made by, or for, the interested parties – in
compliance with the requirements set forth in Annex 2/1 - and approved by the competent
authority.
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Annex 3
to the Governmental Decree 33/2000. (III. 17.) Korm.
Activities subject to reporting
TEÁOR
Code No.
01.1
01.2
01.3
02,01
05.01
C
15.1
15.2
15.3
15.4
15.51
15.62
15.83
15.84
15.89
15.9
17.1
17.2
17.3
18.30
19.10
21.11
21.12
DF
24
26
27
28.51
28.52
31.40
32
34.1
35.20
40
41
50.20
50.40
Activity
Plant cultivation, gardening
Animal farming
Plant cultivation, animal farming services
Forestry
Fishery
MINING
Meat processing
Fish processing
Fruit- and vegetable processing
Animal- and vegetable oil production
Dairy products production
Starch production
Sugar refining
Confectionery production
Production of food not listed elsewhere
Beverages production (except 15.98 Refreshing drinks)
Textile fibres spinning
Textiles weaving
Textile finishing
Fur finishing, except fur goods manufacturing
Leather dressing
Paper pulp production
Paper production
COKE PRODUCTION, PETROLEUM REFINING,
PRODUCTION OF NUCLEAR FUEL
PRODUCTION OF CHEMICALS, PRODUCTS,
PRODUCTION OF OTHER NON-METAL MINERAL
PRODUCTS (Except: 26.7 Stone dressing, 26.8 Production of other nonmineral products not listed elsewhere)
PRODUCTION OF METAL PRIMARY MATERIALS
Metal surface dressing
Metalworking
Manufacture of batteries, dry-cells
MANUFACTURING COMMUNICATION PRODUCTS, EQUIPMENT
Manufacturing road vehicles
Manufacturing rail-bound vehicles
ELECTRIC POWER GENERATION, GAS-, STEAM-, HOT WATER
SUPPLY
WATER ABSTRACTION, TREATMENT, DISTRIBUTION
Vehicle repairs
Motorcycle and –spares trading, repair
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50.50
51.1
51.55
51.56
52.33
Fuel retailing
Agency wholesale trading (of fuel)
Wholesale trade of chemicals
Wastes wholesale trading
Cosmetics retailing
52.46
Hardware-, paints-, glassware retailing
60
61
62
62.20
LAND TRANSPORT, TRANSPORT IN PIPELINES
WATER TRANSPORT
AIR TRANSPORT
Non-timetable air transport (military, police, fire-figting service, civil defence)
90.90
Waste water-, wastes treatment, community cleansing services
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Annex 4/1
to the Governmental Decree 33/2000. (III. 17.) Korm.
Substantial requirements of applications for
permits for permit-subject activities, official opinion
Of the substantial requirements detailed in the following of an application submitted by an
operator starting, and/or conducting at the time of entry into force of the present order for a
permit-subject activity mentioned in Article 10, the standard data belonging to part I shall be
shown in all applications for a permit, official opinion on a permit-subject activity, while the
supplementary data mentioned in Part II need be included only in cases, where the risk
substance is discharged directly, or indirectly into groundwater..
Standard data
1. The applicant’s name, seat, sphere of activity, stressing especially those related to the
permit-subject activity.
2. The method and site of conducting the permit-subject activity (showing also the size
of the site). The owner of the site, where the permit-subject activity is conducted (hereinafter:
affected area) the land use in the affected area, further the land uses on the areas adjacent to
the affected area within a radius of 500 m.
3. The type, normal quantity of the material(s) finding access to the groundwater and the
geological medium in the course of the permit-subject activity, the risk substance content of
these materials (showing also the concentration) and the variation over time thereof.
in particular that of the risk substance(s) mentioned in Annex 1 of the present Decree and in
Annexes 2 and 3 of a separate act of legislation corollary to this Decree
4. The sensitivity classification of the affected area, or in cases where this is inadequate,
or absent, the results of a local sensitivity investigation performed in compliance with the
provisions set forth in Annex 2/2 of this Decree.
5. The predicted fate (transformation, bonding, spreading) of the materials introduced in
the course of the permit-subject activity into the groundwater and/or the geological medium,
further of their decay, transformation products.
6. Identification of the potential impact area (hereinafter: impact area) of the pollutant
load caused by the materials introduced in the course of the permit-subject activity into the
groundwater and/or the geological medium, further by their decay, transformation products.
The provisions relating to groundwater and the geological medium set forth in Annex 3 of the
Governmental Decree 152/1995. (XII.12.) Korm on the sphere of activities subject to an
environmental impact assessment and on the detailed rules of the official procedure associated
therewith shall be applied.
7. Presentation of the results of the investigation (if ) made prior to submitting the
application on the permit-subject activity, on the impacts thereof on the groundwater and the
geological medium describing also the methods adopted.
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8. The plan of the environmental mitigation measures, in particular
a) the approval plan of the engineering protection, and
b) the layout and operation plan of the monitoring network.
9. Presentation of the completed “Reporting form on jeopardy to groundwater, on the
loading caused in the groundwater and the geological medium”. The applicant who has
complied with his reporting obligation before submitting his application need indicate only
the registration number of the environmental inspectorate.
II
Supplementary data
1. Presentation of the natural resources, geological, hydrogeological- and soil conditions
in the affected and the impact areas, their sensitivity and assessment of the potential cleaning
effect of the soil profile.
2. Investigation into the state of the groundwater and the geological medium, assessment
of sensitivity against the potential impacts of the permit-subject activity.
3. Prediction of the potential impacts of the permit-subject activity on the groundwater
and the geological medium under the impact area.
4. Identification and assessment of the risk to the environment and human health posed
by the permit-subject activity.
5. In case of a discharge, justification of the absence of a solution that is more effective
than discharging.
III
Other supplementary data required by the environmental inspectorate for
ruling on the application
Determined by the environmental inspectorate while considering the application.
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Annex 4/2
to the Governmental Decree 33/2000. (III. 17.) Korm.
Substantial requirements of permits and official opinions
on permit-subject activities
The substantial requirements of the permit, or official opinion issued by the environmental
inspectorate on permit-subject activities – in addition to the substantial elements of official
rulings mentioned in the Áe. – are as follows:
1. The site (affected area) where the permit-subject activity is performed and the method
of performing said activity.
2. The greatest acceptable quantity of each substance introduced as a consequence of the
permit-subject activity into the groundwater, and/or the geological medium during one, or
several specified periods of time are, the types of material, together with the risk substance
content thereof as mentioned in Annex 1 of the present Decree, further in annexes 2 and 3 of a
separate act of legislation corollary to this Decree [(emission parameters), the stipulations
concerning the concentration of such substances (the pollution limit value (B), or the special
pollution limit value (E)].
3. The environmental mitigation measures stipulated as prerequisites to performing the
activity, suited to prevent jeopardy to the groundwater, pollution of the groundwater and the
geological medium, violation of the prohibitions set forth in Article 5 of the present Decree,
with special regard to the type and concentration of the substances introduced in the course of
the permit subject activity into the groundwater and/or the geological medium, the
environmental state of the recepient, in particular the recharge areas of drinking-, mineral-,
medicinal- and thermal waters:
a) the type, parameters of the engineering protection adopted,
c) the requirements related to the establishment and operation of the monitoring network
enabling regular observation to be made on the waters introduced in the course of the
permit-subject activity into the groundwater and the geological medium, on surface
runoff, further on the state of the groundwater and the geological medium.
4.
The stipulation concerning the quantity parameters and performance of the activity.
5. The rules of supervision and registration, further of data reporting to the
environmental inspectorate.
6.
The validity period of the permit, or official opinion.
7. The changes, on which the permit holder is obliged to notify the environmental
inspectorate within 30 days of their occurrence - beyond the obligatory reporting mentioned
in the permit under the provision of paragraph (1), Article 14 of the present Decree, such as
a) a change of the operator;
b) a change in the site of the activity;
c) a change in the method of performing the activity which is liable to modify considerably
the impact on the groundwater and the geological medium;
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d) a change in the quantity parameters, circumstances of performance of the activity which
is liable to modify considerably the impact on the groundwater and the geological medium;
e) an emission surpassing the emission parameters stipulated in the permit, a state of the
groundwater and/or the geological medium poorer than the pollution limit value (B);
f) observation in the state (quality) of the groundwater and/or the geological medium of
fa) a trend-like, monotonous change,
fb) a sudden change,
fc) pollution caused by a new risk substance,
fd) pollution of an element of the environment other than those known already;
g) a major departure of the environmental mitigation measures from the conditions
stipulated in the permit, the impact of such change on the other conditions mentioned in the
permit.
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Annex 5
to the Governmental Decree 33/2000. (III. 17.) Korm.
Substantial requirements of the record on a site inspection held with the aim of
determining the jeopardy and level of pollution of groundwater and the geological
medium
The record on a site inspection held with the aim of determining the probability of
pollution of groundwater and/or the geological medium shall include, beyond the data set
forth in the Áe:
1. The name and address of the polluter (or the person responsible for pollution), insofar
as these can be identified positively, the declarations relating thereto, or in the event that the
polluter (or the person responsible for pollution) is unknown, the name and address of the
person who can be obliged to run the survey mentioned in Article 19 of the present Decree
(hereinafter: the obligee).
2. Description of the site, including that of the natural and built environment and the land
uses in the area. By contacting previously the Directorate of the Cultural Heritage and the
National Monument Conservation Office, the archaeological importance and the existence of
any protected monuments in the affected area shall be cleared.
3. The factors supporting the probability of pollution of the groundwater and/or the
geological medium, in particular
- the emissions, volume of activity, parameters of the actual and potential sources of
pollution,
further
- the information on the actual level of pollution in the polluted area, in particular
= the measurement data on the level of pollution,
= the visible evidences and estimated level of pollution, detriment, including of any
harm to the ecosystem.
4. The causes presumable at the time of determining the probability of pollution in the
groundwater and/or the geological medium, indicating separately any abnormal event.
5. The review findings, in particular the information based on measurement data on the
level of pollution, including a comparison of the pollution limit value (b) and the intervention
pollution level (Ci) with the measurement data.
6. Information, data, assumptions concerning the quantity of the risk substance,
indicating the sources thereof.
7. Mitigation measures by the polluter (responsible person), the obligee and the
authority.
8. Declaration of the polluter (responsible person) or the obligee on the implementation
of remedial, or any loss control measure mentioned in a separate act of legislation.
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9. The name and accessibility data of the contact person at the polluter (responsible
person) or the obligee towards the environmental inspectorate.
10. The relevant data on the location, method and other circumstances of sampling
11. The need of verification samples and the details thereof, noting that analyses by an
accredited laboratory are alone acceptable.
12. Exact identification of the sphere of responsibility and the circumstances to be
considered in the identification thereof during the survey.
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Annex 6
to the Governmental Decree 33/2000. (III. 17.) Korm.
Substantial requirements of the
terminal survey report
The terminal report shall contain in text supplemented with maps, diagrams and
photographs the information needed for taking remedial action.
Such information shall include:
a) The geology, hydrogeology, the archaeological and monument resources, the sensitivity
of the affected and the impact areas.
b) The pollution parameters, the type, composition, location, movement and behaviour of
the risk substance(s).
c) The impact of pollution on the environment.
d) The severity of the risk posed by pollution, based on quantity survey data.
e) The potential methods of discontinuing, reducing pollution, the engineering, economic
particulars and impacts on other (archaeological, monument) resources thereof.
f) The land uses in the polluted area.
G )Proposal on the magnitude of the remediation limit value (D).
h) The origin of pollution, deterioration, particulars of the source of pollution.
h) The relevant data of the person obligated to take remedial action.
The detailed substantial requirements of the terminal report on the survey are as follows:
1. Exact identification, demarcation of the source of pollution and the polluted,
deteriorated area, indicating the owners, managers, users of the properties affected.
2. Identification of the person responsible for pollution, deterioration, the one liable
financially for taking remedial action, indicating also any potential involvement of the state.
3. The name, number and expiry date of the licence of the professional performing the
survey and compiling the report (this may be organisation being investigated).
4. Description of the land- and water uses at the site of the source of pollution, in the area
polluted, deteriorated, on the properties affected, listing the endangered, polluted,
deteriorated, elements of the natural and built environment.
5. The information, observation and measurement data available on pollution,
deterioration prior to starting the survey.
6. The geological, soil- and hydrogeological conditions in the polluted, deteriorated area
indicating also the pollution sensitivity classification of the area according to Annex 2 of the
present Decree.
7. Description of the structures built, works and measures carried out in the course of the
survey.
8. Description of the measurements, samplings, field and laboratory analyses performed
(indicating the relevant standard specifications and the name of the operator(s), the data
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obtained therefrom, further a detailed listing of all data, information, references gathered on
the area. Mention must be made further of other investigations related to the survey the data,
findings of which were neglected, giving the reasons of doing so.
9. Description based on the survey data and all other data and information gathered, of
the cause, source, circumstances of pollution, deterioration, of the type, composition, hazard
level, physical properties, quantity (together with the method of estimation) of the risk
substance, further its situation in the geological medium and groundwater, its movement in
space and time (how much of what material moves since when, whence and whereto, what
and how much residue is deposited where and in what form), finally of the impact of
pollution, deterioration on the environment.
10. Assessment of the level of pollution in the geological medium and the groundwater,
relating it to the background concentration (A), the demonstrated background concentration
(Ab), the pollution limit values (B), (E) and (Ci), and of the environmental risk, taking into
account also the factors enhancing and lowering it.
11. Proposal based on the quantitative risk analysis concerning the remediation limit
value(s) of pollution (D), starting therefrom, an opinion concerning the need of any
engineering measure, the method, realistic time- and cost thereof, prediction of the level of
pollution and risk attainable by the engineering measure, proposal concerning the land uses(s)
after remediation which guarantee conservation of the archaeological and cultural heritage
resources of the area.
12. In the event that the survey involves the removal of polluting substance(s) and other
materials, the quantity, storage and safe disposal thereof (attaching the relevant certificates
mentioned in a separate act of legislation).
13. The plan of follow-up monitoring, including a description of the facilities established
under the survey and suited to continued observation, their proposed operation, the schedule
of assessment and reporting, and attaching also the documents mentioned in a separate act of
legislation.
14. Detailed listing of the remedial action(s) made already, as well as of the costs of the
remediation measure(s) mentioned in a separate act of legislation, further of the estimated
costs of additional (detailed) investigations. The information on costs may be omitted in cases
where the works were financed completely by the polluter (responsible person) from his own
resources.
15. The inspectorate’s ruling on the performance of the survey shall be attached to the
report, together with a list of all official permits related to the commencement and
performance of the survey and other official documents related to the work.
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Annex 7/1
to the Governmental Decree 33/2000. (III. 17.) Korm.
Substantial requirements of a
ruling on remedial action
The ruling shall contain – beyond the substantial requirements set forth in the Áe. – based
on the plan of the engineering measure submitted by the polluter (the responsible person):
1. The name of the polluted, deteriorated area, the identification data thereof, the
remediation limit value of pollution (D) as mentioned in the ruling which prescribed the
preparation of the plan of the engineering measure, further the pollution sensitivity
classification of the area as set forth in Annex 2 of the present Decree.
2. An obligation, if warranted, to document any works carried out prior to the submission
of the plan of remedial action on the polluted, deteriorated area, to present these documents to
the environmental inspectorate, except if this has already been done by the client.
3. An obligation to clear the polluted, deteriorated area and/or the area needed for the
remedial action for the purpose of remediation.
4. The provisions relating to the determination of the type and quantity of the risk
substance.
5. The provisions relating to the drawings of the engineering measure(s), to the
implementation schedule.
6.
The dates of commencement and completion of mitigation and/or remediation.
7. The prevision relating to the establishment and operation of the temporary monitoring
network operated for the duration of the engineering measure, or the permanent one.
8.
The provision relating to the storage and safe disposal of the risk substance removed.
9. The provisions relating to the plan of follow-up monitoring.
10. The prescription of other functions considered important in the particular case,
indication of the polluted area by warning boards.
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Annex 7/2
to the Governmental Decree 33/2000. (III. 17.) Korm.
Substantial requirements of the
terminal report on remedial action
The terminal report shall contain in text supplemented with maps, diagrams and
photographs – in addition to a reference to the ruling prescribing the engineering measure following particulars:
1. Exact identification of the site of the polluting source, of the polluted, deteriorated
area, of the engineering measure, the size of the site, the name of the owner, manager, user of
the property, further the name of the owners, managers, users of the properties affected by
pollution and/or the engineering measure.
2.
Identification of the person responsible for pollution, deterioration, the one liable
financially for taking remedial action, indicating also any potential involvement of the state.
3. The name, document of competence of the persons(s) who carried out the engineering
measure and who compiled the report.
4. Concise description of the information available on pollution, deterioration at the time
of commencing the engineering measure.
4.1 The origin, detection of the evidences of pollution, the pollution limit values (B), (E),
(Ci) and (D) mentioned in the official opinions and rulings, the emission parameters allowed
for the polluting activity, further the land use restrictions, if any, (including identification of
the safety zone), and/or the description of any lasting environmental harm entered into the
property register.
4.2 A review of the survey work and the findings thereof, identification of the actual and
potential sources of pollution (site, type, duration, recurrence), the type, composition, hazard
level, physical properties of the risk substance, position, concentration of the pollutant in the
groundwater and the geological medium, its background concentration, the volume and area,
position and size of the polluted, deteriorated groundwater and geological medium, as well as
the environmental impact(s) of pollution.
4.3 Description of the findings of the quantitative risk assessment.
5 Description of the polluted, deteriorated groundwater and geological medium, of the
permanently deteriorated areas, of the land uses at the sites affected by remedial works, a list
of the nature conservation, natural and built environmental elements affected, the sensitivity
class of the area according to Annex 2 of the present Decree.
6 A brief description of the implementation plan of the engineering measure, of the
remediation technology adopted and the justification thereof.
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7 Description of the official opinions, rulings, permits, obligations related to
remediation, a list of the limit values set and requirements set forth in the rulings, the
description of the investigations by which these are ascertained.
8 Detailed description of the structures built, works performed and measures
implemented in the course of the engineering measure, in a manner allowing it to be tracked
in space and time.
9 The technical data of the engineering measure implemented, the structures,
mechanical equipment, treatment and disposal methods thereof, description of the time
schedule, commencement, process control, suspension, labour- and health safety prescription,
completion of work.
10 Description of the measurements, samplings, field and laboratory analyses and the
data obtained by monitoring and spot investigations in the course of the engineering measure .
The data of quality analyses shall be accompanied by the title and number of the relevant
standard specification(s), and by the exact name of the analytical laboratory.
11 Detailed description of the state corresponding to the remediation limit value of
pollution (D), of any residual pollution at the time of completion of the engineering measure,
indicating the type and quantity (in terms of concentration and estimated volume alike) of any
residual pollution, its situation in the groundwater and the geological medium, the volumes
polluted, the environmental risk posed thereby, assessing the environmental impact of
pollution taking into account the actual and future land uses, further the factors increasing and
lowering the risk.
12 .Detailed presentation of the effectiveness, costs of the engineering measure, the costbenefit analysis, a brief description of any problem encountered in the course of remediation.
In the event that additional remedial action is considered necessary, the reasons thereof shall
be stated and a proposal thereon shall be attached.
13 The cost implications of additional work. The information on costs may be omitted, if the
complete project is financed by the responsible person from his own resources.
14 The quantity, interim storage, method of disposal, rendering harmless of the pollutant and
other materials removed in the course of remedial action, further the certificates set forth
in a separate act of legislation thereon.
15 The detailed action plan of follow-up monitoring; the layout of the remaining network,
any need of expanding it, the instructions on operation, data assessment and reporting,
attaching thereto the permits relating to the parts of monitoring subject to the provisions of a
separate act of legislation.
16 No follow-up monitoring shall be deemed necessary, if the findings of detailed risk
analyses provide satisfactory evidence on the completeness of remdiation and on the
restoration of the natural, or prior-to-pollution state of the environment.
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Annex 8/1
to the Governmental Decree 33/2000. (III. 17.) Korm.
Calculation of the violation factor FABa
of the groundwater pollution fine FAB
I.
Violation of the prohibition of direct discharge to groundwater
[clause a), paragraph (1), Article 5, and
paragraphs (2) and (3), Article 5]
FABa = Y x Ta x Tv x Ma x Va
Y:
Ta:
Tv:
Ma
Va
basic fine, the magnitude of which is 2000 Ft
area factor, depends on the sensitivity class of the area
Ta = 3, area of elevated sensitivity (Annex 2/1)
Ta = 2, sensitive area (Annex 2/1)
Ta = 1, moderately sensitive area (Annex 2/1)
area depth factor, depends on the depth of the direct discharge below the terrain
surface
at depths < 10 m, Tv = 10
at depths > 10 m, Tv = 100
quantity factor, quantity of hazard substance discharged directly to the groundwater
hazard factor, depends on the type of the hazard substance
V = 5, for risk substances in group K2
V = 10, for risk substances in group K1.
II.
Violation of the prohibition of indirect discharge to groundwater
[clauses b) – c), paragraph (1), Article 5]
FABa = Y x Ta x Ma x Va
Y:
Ta:
Ma
Va
basic fine, the magnitude of which is 2000 Ft
area factor, depends on the sensitivity class of the area
Ta = 3, area of elevated sensitivity (Annex 2/1)
Ta = 2, sensitive area (Annex 2/1)
Ta = 1, moderately sensitive area (Annex 2/1)
quantity factor, quantity of hazard substance discharged directly to the groundwater
hazard factor, depends on the most dangerous risk substance of the total material
endangering the groundwater and the geological medium
V = 5, for risk substances in group K2
V = 10, for risk substances in group K1.
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Annex 8/2
to the Governmental Decree 33/2000. (III. 17.) Korm.
Calculation of the pollution, detriment factor FABb
of the groundwater pollution fine FAB
FABb = Y x (M x T + Th x SZh)
Y:
M:
basic fine, the magnitude of which is 2000 Ft
neglect factor, expresses the level of compliance with the ruling to carry out the
engineering measure, its magnitude ranges from 0 to 1; in the case of complete
compliance M = 0, in that of defaulting M = 1.
M = 1 x Fh , if engineering remedial action was taken
T:
area factor: depends on the size and sensitivity of the polluted area identified by the
survey prior to the engineering measure, its magnitude ranges from 1 to 15 000.
T = 5000 x [1 – 5000/(5000+V] x S
Where
V:
the volume of the geological medium and/or groundwater
the given risk substance, m3
Si:
Th:
polluted with
the sensitivity class of the area
S1 = elevated sensitivity (Annex 2/1)
S2= sensitive (Annex 2/1)
S3= moderately sensitive (Annex 2/1)
the area residue factor: depends on the size and sensitivity of the polluted area
determined after the engineering measure, the magnitude ranging from 0 to 25 000.
Th = 5000 x [1-5000(5000 + Vh)] x SI
Where
Vh:
SZh:
the volume of the geological medium and/or groundwater polluted with the
given risk substance, m3, in which the follow-up investigation has found the
residual risk substance to be present in a concentration surpassing the
remediation limit value of pollution (D).
the residual pollution factor: depends on the residual risk substance factor – which
reflects the hazard level and quantity of the risk substances – found following the
remedial engineering measure, its magnitude ranging from 0 to 20.
SZh = 20 x [1 – 20(20 + Fh)]
Where
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the residual risk substance factor
Fh = (Kh – D)/(K – D),
In cases where the risk substance belongs to group K1, and one-half of the
value found if it belongs to group K2.
Kh:
the concentration of the residual risk substance found by the follow-up
investigation, the detectable permanent concentration of the given risk
substance in the geological medium and/or the groundwater after the
implementation (or omission) of the remedial action prescribed in the
remediation ruling, if this concentration surpasses the remediation limit value
of pollution (D).
Kh shall be expressed in the same unit of measurement, as that of the pollution
limit value (B) specified for the given risk substance.
K:
The concentration of the given risk substance in the polluted geological
medium and/or in the groundwater found during the survey, expressed in the
same unit of measurement as that of the pollution limit value (B).
43