ACT NO. 420 OF JUNE 13, 1990,
ON WASTE DEPOSITS
We, Margrethe the Second, by the Grace of God Queen of Denmark, hereby make known:
The Folketing has passed and we have given our Royal Assent to the following Act:
SCOPE
1.(1) This Act applies to registration, investigations and measures relating to the following waste
deposits, where they may cause harmful effects on Man and the environment:
1)deposits for chemical waste spilled, deposited or buried before April 1, 1976,
2)deposits for oil waste spilled, deposited or buried before November 1, 1972, and
3)landfill sites etc. without oil or chemical waste, operating before October 1, 1974, and not
operating at the date of entry into force of this Act.
(2) This Act applies whether the waste products are unpacked, packed or otherwise contained.
2.(1) The local councils of Copenhagen and Frederiksberg shall be in charge of the tasks which
shall be performed by the regional council under this Act or under rules issued under this Act.
3.(1) This Act shall not affect the right of the authorities to carry out investigations or measures
pursuant to the Environmental Protection Act or regulations issued under the Environmental
Protection Act. Exempt from this provision are, however, public landfill sites etc. included in Nos.
1-3 of section 1 of this Act, which are not operating at the date of entry into force of this Act.
3.-(2) Where investigations or measures are carried out in pursuance of this Act, decisions directed
towards the owner of the property in question and involving the same matter cannot be made
according to sections 11 and 14 of the Environmental Protection Act.
3.-(3) This Act shall not prejudice the authorities' right of civil action for recovery of costs of
investigations, measures under this Act, compensation for compulsory acquisition and other
compensation under sections 13-15 of this Act, from the party responsible for the waste deposit.
INVESTIGATIONS AND REMEDIAL MEASURES ETC.
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4.-(1) The regional council shall cooperate with the local council to register the sites and localities
covered by this Act, and to prepare surveys of sites and localities where investigations or remedial
measures are required to ensure that the deposits specified in section 1 of this Act do not give rise to
pollution of the surroundings or to risks of pollution.
4.-(2) In the surveys a timetable shall be given for the implementation of investigations and
measures.
4.-(3) The surveys shall be revised once a year, and be submitted to the Minister for the
Environment.
4.-(4) The Minister for the Environment can lay down rules on the content of surveys and
information etc. under subsections 1-3 hereof.
5.-(1) The Minister for the Environment decides the extent, sites and localities of remedial
measures in the following year.
5.-(2) Where an owner cannot await that investigations are made by the regional council, or that the
Minister for the Environment orders remedial measures to be taken, the owner may initiate and pay
for investigations, remedial measures and operation of remedial measures.
5.-(3) Prior to initiating remedial measures the owner shall obtain a permit from the Minister for the
Environment.
6.-(1) The regional council shall carry out the investigations concerning waste deposits referred to
in section 4 of this Act.
6.-(2) The Minister for the Environment can after consultation with the regional council in special
cases decide that other or supplementary investigations shall be made, including investigations in
areas other than those envisaged by the regional council.
7.-(1) The regional council shall make proposals for projects involving remedial measures. The
proposals shall be approved by the Minister for the Environment. The regional council shall be in
charge of the implementation of the projects.
7.-(2) If as a result of a project involving remedial measures, pumped and contaminated
groundwater is to be discharged into watercourses, lakes or the sea, the regional council shall
publish the proposal in order to allow the public to raise objections, if any, to the proposal within 4
weeks. Objections received shall together with the proposed project and the comments of the
regional council be submitted to the Minister for the Environment, cf. subsection 1 hereof.
7.-(3) The regional council shall inform the Minister for the Environment of the result of remedial
actions and of the supervision of such measures, cf. section 8 of this Act.
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8.-(1) The regional council shall be in charge of the operation of remedial actions taken under
section 7 and of the operation of land acquired compulsorily under section 14 of this Act.
8.-(2) The regional council supervise sites and localities listed in the surveys specified in section 4
of this Act.
FINANCING
9.(1) Within amounts fixed in the annual appropriation acts the Minister for the Environment shall
defray the expenses in connection with remedial actions approved under section 7 and with compensation for compulsory acquisition and other damages, and with the operation of land acquired
under sections 13-15 of this Act.
9.-(2) The regional council shall defray the expenses in connection with registers and reporting
under section 4, with the implementation of investigations under section 6, with operation and
supervision under section 8 and with registration of titles under sections 12 and 17 of this Act.
Where the powers to approve remedial measures are conferred to the regional council, cf. section
21 of this Act, the regional council shall defray the expenses in connection with remedial measures,
compensation for compulsory acquisition, other damages, and operation of land acquired under
sections 13-15 of this Act.
RELATIONS WITH THE LANDOWNER ETC.
10.(1) The local council, the regional council, the Minister for the Environment or persons
authorized by these authorities, and the Public Health Officer involved, shall without court order
have access to public or private properties in order to get information to be used as a basis for
decisions or for carrying out measures under this Act or under rules issued under this Act.
10.-(2) Proof of identity shall be produced upon request.
10.-(3) The police shall assist the authorities in their discharge of functions under subsection 1
hereof. The Minister of Justice can after consultation with the Minister for the Environment lay
down rules on such assistance.
11.(1) Any owner or user of public or private properties shall upon request submit information to
authorities or persons specified in section 10 of this Act, to be used in connection with the authorities' discharge of functions under this Act or under rules issued under this Act. The same
applies to the party responsible for spillage, deposition or burying of waste or for the operation of a
landfill site covered by this Act.
12.-(1) When a waste deposit is registered the regional council shall notify such registration to the
owner and have it entered in the register of titles relating to the property in question.
12.-(2) The regional council shall notify the landowner and the party responsible for pollution,
before investigations are carried and when decisions are made to initiate remedial measures.
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12.-(3) In connection with such notification, the regional council shall where possible indicate the
extent of the planned investigations or measures and the pertaining costs. The notified party shall be
given the opportunity to express his opinion on the matter.
12.-(4) Notification under subsections 2 and 3 hereof need not be made where the hazards to health
are serious and imminent, or where immediate action is required to prevent significant damage to
the environment.
13.-(1) The regional council may on private property carry out surveys, levellings, soundings,
borings and other initial technical works and studies required to evaluate whether measures under
this Act shall be taken.
13.-(2) Compensation shall be paid for damage resulting from measures under subsection 1 hereof.
13.-(3) Approval shall be granted by the Minister for the Environment before the regional council
decides that compensation for damage shall be paid.
14.-(1) To implement measures under this Act the regional council may expropriate rights over
private property. The provisions of section 37, subsection 3 of section 40 and sections 41-44 of the
Water Supply Act shall apply similarly. When fixing the compensation in consequence of
expropriation, the value of the property shall be calculated without regard to the decrease of value
caused by the pollution risk presented by the waste deposit, provided that the person against whom
the expropriation was carried out was in good faith.
14.-(2) Before the regional council decides to carry out expropriation, or makes agreements for the
acquisition of rights over real property, the Minister for the Environment shall grant an approval.
14.-(3) In unbuilt areas owned by the public the regional council can implement studies and
measures without application of second clause of subsection 1 hereof, and subsection 2 of section
13 of this Act. being applied.
15.-(1) The regional council can decide that a water abstraction plant threatened by pollution from a
waste deposit shall no longer be used or shall be changed as specified by the council. In this
connection the regional council can decide that a plant shall be closed wholly or partly.
15.-(2) After negotiations with the local council the regional council can decide that users of the
plant shall have water from a new or existing common water supply plant, the provisions of section
29 of the Water Supply Act being applied similarly. The regional council can also decide that one
or a few properties shall have water from an existing non-common plant, subsection 2 of section 45
of the Water Supply Plant being applied similarly.
15.-(3) Before the regional council decides on matters under subsections 1 and 2 hereof, the
Minister for the Environment shall grant an approval.
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15.-(4) Where a water supply plant is changed or no longer used in pursuance of subsection 1
hereof, the owner of the plant is entitled to compensation, also for initial costs in connection with
water supply established under subsection 2 hereof.
15.-(5) The compensation amount can be reduced or not paid where justified by the age of the old
plant or where the water supply or waste water situation prevailing so far was not legally or
quantitatively acceptable for reasons not caused by the waste deposit. The compensation amount
may be reduced by the increase in value accruing to the plant owner when water is supplied by the
new plant.
15.-(6) The Minister for the Environment shall approve agreements regarding the compensation
amount.
16.-(1) If an amicable settlement cannot be reached, the compensation amounts under this Act shall
be fixed by the land tribunal.
17.(1) Upon the recommendation of the regional council the Minister for the Environment can lift
the ban on a waste deposit and allow continued specified use of it after investigations and remedial
measures have been carried out under this Act, provided evidence is provided that no risks are
involved to Man or the environment, and that the use of the deposit will not prevent or significantly
increase the costs of future investigations or remedial measures.
17.-(2) Such continued use of the waste deposit shall be entered in the register of titles on the
property.
17.-(3) A waste deposit can be struck off the registration, when the regional council can provide
evidence to the Minister for the Environment that the site or locality is not or is no longer polluted.
The regional council will then cancel registration of the waste site from the register of titles on the
property.
18.(1) An area registered as waste deposit must not be built on or used for other purposes, unless
the ban on such uses is lifted.
19.(1) Any owner or user of a property who discovers a deposit or finds out that the soil is polluted,
shall notify the local council of such findings.
19.-(2) The local council shall inform the regional council of such pollution.
20.(1) Where in the course of building or excavation, a deposit is found or pollution of the soil is
ascertained, building or excavation works shall be suspended. This obligation rests upon the owner
of the property and the party responsible for the work in question. Section 19 shall apply similarly the local council shall, however, also notify the local division of the labour inspection.
20.-(2) Work can be resumed when the ban is lifted in accordance with section 17 of this Act.
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ADMINISTRATIVE PROVISIONS
21.(1) The Minister for the Environment can lay down rules on investigations, cleaning and
evaluation of waste deposits.
21.-(2) The Minister for the Environment can authorize an Agency set up under the Ministry or a
similar institution to exercise the powers conferred to the Minister under this Act. The Minister can
also authorize regional and local councils to discharge functions under this Act.
21.-(3) The Minister can lay down rules on the title to complain against decisions taken pursuant to
delegation of power under subsections 1 and 2 hereof, and in this connection decide that complaints
against such decisions cannot be made to other administrative authorities or to the Minister for the
Environment.
22.(1) Complaints against the decisions of the regional council, on expropriation under section 14,
and under section 15 of this Act cannot be made to other administrative authorities.
23.(1) Approval, permits, draft plans and exemptions etc. under the Municipal Planning Act, the
Urban and Rural Zones Act, the National and Regional Planning Act, the Nature Conservation Act,
the Raw Materials Act, the Environmental Protection Act, the Water Supply Act, the Water Course
Act, the Forest Act and Act on Prevention of Sand Drift, are not required in connection with the
implementation of investigations and remedial measures under this Act.
PENALTY AND ENTRY INTO FORCE
24.(1) Unless heavier penalty is due pursuant to other legislation the penalty for the following
infringements shall be fine or detention:
1)deliberate failure to provide information under section 11 and subsection 1 of section 19,
2)failure to comply with orders or violation of prohibitions issued under subsections 1 and 2 of
section 15,
3)use of property conflicting with section 18, or
4)failure to suspend building and excavation works covered by section 20 of this Act.
24.-(2) Under aggravated circumstances the penalty can be imprisonment for up to one year.
24.-(3) In rules issued under section 21 of this Act provisions can be laid down for the penalty of
fine or detention; moreover, for imprisonment for up to one year under circumstances similar to
those specified in subsection 2 hereof.
24.-(4) As regards violations committed by limited liability companies, co-operative societies or the
like, the company or society as such can be held liable to pay a fine.
24.-(5) Where violations are committed by the State, a regional council, a local council or local
councils jointly, cf. section 60 of Local Administration Act, the State, the regional council, the local
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council or local councils jointly may be held liable to pay a fine.
24.-(6) The period of limitation of criminal liability shall be 5 years in respect of violations etc.
specified in subsection 1 hereof, except for violations of No. 1 relating to section 11 of this Act.
25.-(1) Violations are subject to police prosecution. The remedies contained in Part 73 of the
Administration of Justice Act shall apply as in actions brought by the public prosecutor.
26.(1) This Act enters into force on September 1, 1990.
26.(2) As from the same date Act No. 262 of June 8, 1983 on Chemical Waste Sites is repealed.
26.-(3) The Minister for the Environment can lay down transitional rules on the transfer of powers
from local councils to regional councils.
27.(1) This Act shall not apply to the Faroe Islands and Greenland.
Given at Christiansborg Castle
June 13, 1990
Under Our Royal Hand and Seal
Margrethe R