GOVERNMENTAL DECREE NO. 219/2004 (VII. 21.) ON THE PROTECTION OF GROUNDWATER

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1 GOVERNMENTAL DECREE NO. 219/2004 (VII. 21.) ON THE PROTECTION OF GROUNDWATER Authorised by the provisions set forth in Articles 7 and 36 and in clause f) of Paragraph (7) of Article 110 of Act LIII of 1995 on the general rules of environmental protection (hereinafter referred to as Kvt ), in accordance with Act LVII of 1995 on water management and in the interest of ensuring the good status of groundwater the Government enacts the following Governmental Decree: I. GENERAL PROVISIONS OBJECTIVE AND SCOPE Article 1 The aim of this Decree is to determine the tasks, rights and obligations associated with: a) the ensuring and maintaining of the good status of groundwater; b) the progressive reduction and prevention of the pollution of groundwater; c) a sustainable water use based on the long-term protection of available groundwater resources; d) the remediation of the geological medium. Article 2 (1) This Decree shall apply with the exceptions mentioned in Paragraph (2) to: a) groundwater, geological medium, pollutants and b) human activities affecting the status of groundwater and the geological medium. (2) This Decree shall not cover the substances (matters) and activities falling under the scope of Act CXVI on nuclear power. INTERPRETIVE PROVISIONS Article 3 For the purposes of the present Decree, the following definitions shall apply: 1. Background concentration (A) is a representative value which expresses the general concentration of particular substances in groundwater or soil under natural or close to natural conditions; 2. Verified background concentration (A b ) means an actual concentration of a given substance indicated in groundwater or in the geological medium determined by measurements and to be applied instead of background concentration (A), that is specific for the given area and resulted from natural conditions or as a consequence of diffuse pressure, pollution or pressure affecting groundwater or the geological medium throughout surface water, not associated with the pressure under examination. 3. Pollution limit value (B) means the concentration of pollutants or such a level of other indicative parameters of qualitative status established in legislation, or in the absence thereof, in an official ruling, due to which the groundwater and the geological medium is to

2 2 be qualified as polluted, taking into consideration drinking water quality standards and the needs of aquatic ecosystems in the case of groundwater, and the multifunctionality of soils and the sensitivity of groundwater to pollution in the case of the geological medium; 4. Remediation target limit value (D) means the concentration prescribed in an official ruling to be achieved by remedial actions with the aim of preventing any damage to human health, ecosystems and environmental elements. This value is to be determined on the basis of a complex assessment carried out as part of the remediation procedure, including measurements of pollutant distribution in environmental elements, its behaviour, transport and extent as a well as modelling and site-specific quantitative risk assessment carried out with regard to the land uses; 5. Site-specific pollution limit value (E) means the pollution limit value defined in an official ruling, to be implemented in place of the pollution limit value (B) in such a specific scenario where the activity had been going on just before the Kvt entered into force, or on any sites, where the verified background concentration (A b ) exceeds the pollution limit value (B). Value (E) - when selecting shall be underpinned by a realistic knowledge of the situation gained by means of quantitative (site-specific) risk assessment with regard to the land use and shall be neither more stringent than the pollution limit value (B) nor more lenient than the measured actual pollutant concentration value, or the remediation target limit value (D); 6. Abstraction limit value (Mi) means the total annual volume of water (in m 3 /year) that may be withdrawn from a distinct part of body of groundwater with the highest permitted range of declination (by water level draw-down or decreasing of the water pressure level); 7. Non-point (diffuse) pollution sources are sources of pollution coming into being as a result of land uses of vast, extensive spaces (i.e. the conjoint impact of all individual domestic waste water disposals within a settlement, traffic, use of pesticides and fertilisers, livestock, with the exception of farms), or when the pressure associated with particular activities cannot be isolated. 8. Disposal means an activity performed with the aim of dumping or storing substances (i.e. waste) on the surface of, or within the geological medium, including disposal and storage implemented with technical protection; 9. Groundwater means water stored in the saturated zone of the geological medium (mainly in the pores and fissures of geologic formations) below the terrain surface; 10. Quantitative groundwater status is the status resulting from natural factors, the recharge and flow characteristics of groundwater and the impacts arising from uses of the environment (i.e. direct and indirect abstraction from groundwater); 11. Qualitative groundwater status is the status resulting from natural factors, driving forces, pressures, impacts and uses and to be characterised by the results of physical, chemical and biological examinations; 12. Threat to the groundwater status means human activity or malpractice that may cause pollution or the deterioration of the groundwater status by direct or indirect discharge into the groundwater or direct discharge into the geological medium; 13. Groundwater body means a distinct volume of groundwater within aquifers; 14. Terrestrial ecosystem directly dependent on groundwater is the ecosystem which includes plant communities, species and their habitats requiring temporary or continuous water coverage from underground water or water uptake from shallow groundwater; 15. Geological medium aggregates the terrain surface and the subsurface geological formations (soil, riverbed sediments, rocks, including minerals, the natural and transitional forms thereof); 16. Available groundwater resources are the resources expressed by the value resulting from the long-term annual average rate of overall recharge (in m 3 /year) of the groundwater

3 3 body, less the value of the long-term annual rate of flow required to achieve the ecological quality objectives for associated surface waters specified in specific other legislation and less the value of the ecological water demand of terrestrial ecosystems dependent inter alia on groundwater; 17. Intermittent water course is a water course without continuous flow-rate or water cover (especially rills, brooks and drains), which can temporarily dry up without recharge from cleaned waste water or used water; 18. Remediation is a procedure including technical, economic and administrative activities aimed at gaining knowledge about threatened, polluted and damaged groundwaters and geological media as well as at ceasing or reducing contamination, damage and risk, and at the monitoring thereof. 19. Groundwater protection areas of extremely high sensitivity are areas listed under items a) and b) of sensitivity category No.1, further under item b) of sensitivity category No.2 as specified in Annex 2; 20. Risk means the potential extent of deterioration in the status of the ecosystem and damage to human health exposed to the impacts of pollutants, and probability of the occurrence thereof; 21. Water body at risk is a water body qualified as being at risk due to the lack of the data or because it is unlikely to achieve good status by 22 December 2015, as stated in the report including the classification of groundwater bodies submitted to the European Commission; 22. Preventive environmental measure means any technical, economic, administrative action and measure (excluding remediation) implemented in the course and as part of the activity with the aim of facilitating the achievement of environmental objectives established for groundwater and to reduce risk, including: a) the progressive reduction of pollutants production with special regard to hazardous pollutants; b) the prevention and the minimising of the input of pollutants into groundwater and the geological medium; 23. Indirect discharge into groundwater means introduction of pollutants into the groundwater from the geological medium by percolation throughout it as a result of the activity; 24. Indirect abstraction of groundwater is the activity leading to increasing the evaporation from groundwater or to the discharge of groundwater concerned throughout other associated groundwater aquifers and/or associated surface waters (i.e. discharge throughout the adjacent groundwater body, draw-down of the water level of associated surface water bodies, implantation of deep-rooted vegetation, surface mining activity or residual pit-lakes, resulting in the appearance of groundwater on the land surface); 25. Direct discharge into groundwater means introduction of pollutant into groundwater, caused by activity in a way as to exclude its percolation through the geological medium; 26. Direct discharge into the geological medium means such a scenario when the activity results in the introduction of a pollutant into the geological medium or when the pollutant - except for the deposition from the atmosphere - gets into direct contact with the geological medium; 27. Direct discharge from groundwater means abstraction causing a decrease in the groundwater level or groundwater pressure level (i.e. water abstraction well, gallery, drain, lowering the outlet-levels of captured springs); 28. Activities not exceeding the domestic needs of private persons are the activities, when: a) they come under the competence of the notary of the local government concerning water management, and as established in specific other legislation:

4 4 aa) the disposal by natural persons of solely domestic and municipal waste water occurs in a quantity that does not exceed 500 m 3 /year; ab) the abstraction from shallow groundwater does not exceed 500m3/year, and no exploitation of bank filtered, karstic or deep groundwater resources takes place; b) mixed livestock husbandry does not exceed 5 livestock units per property and poultry does not exceed 3 livestock units per property simultaneously; 29. Starting point for trend reversal is a numeric value indicating such a level of deterioration of the qualitative or quantitative status of a groundwater body or of definable parts of it which requires measures to be taken in order to stop and reverse the tendency; 30. Quantitative risk assessment means a detailed assessment procedure based on the sitespecific investigations of a given contaminated site. The result is represented by risk ratio value, expressing the proportion of the actual level of pollution in the environmental elements (especially in groundwater) and the levels of pollution acceptable for the environment, ecosystem and human beings; 31. Monitoring means the operation of a monitoring system including the observation, collection, control, processing, recording/registering, evaluation and transmission of data; 32. Monitoring network is a measuring, observing (joint measurement), and control network established in order to gain information about pressure, pollution (including transport and extent of pollution ), status and uses of groundwater and the geological medium, and of keeping track of the changes in their status; 33. Engineering protection aggregates all technical measures identified in the scope of preventive environmental measures and aimed at preventing, or minimising, the introduction of pollution derived from activities into groundwater or the geological medium; 34. Point source of pollution is a pollution source of small and definable extent, originating from a particular activity; 35. Livestock unit means an individual animal or a group of animals with a living mass of 500 kg; 36. Pollution means direct or indirect discharge of pollutants or energy into the environment, which may produce adverse impacts in the status of groundwater or the geological medium, in human health, ecosystems and land uses, as well as in material property and which can impair or interfere in the enjoyment of the environment; 37. Level of pollution means the concentration of a pollutant in the groundwater or in the geological medium exceeding pollution limit values and deriving from pressure related to pollution; 38. Pollutant means any substance which may cause pollution or deterioration of water quality when introduced in a way different from natural conditions into the geological medium and/or groundwater, with special regard to the substances listed in Annex 1 of this Decree; 39. Source of pollution means any activity performed on a definable site generating single, continuous or intermittent pressure, that affects (real source of pollution), or may affect (potential source of pollution) the groundwater or the geological medium. Pollution sources are classified as point or non-point (diffuse) sources, and real or potential sources; 40. Soil is the topmost layer of the geological medium, consisting of mineral particles, organic matter, water, air and living organisms that can be basically characterised by fertility; 41. Activity means the establishment and use of a facility, the commencement, pursuance and expansion of an operation, furthermore, the abandonment or liquidation of existing facilities or operations, changes in technology or production profile, and any modification

5 5 of them, that may produce impacts on the status of groundwater and the geological medium; 42. Recharge means the quantity of water entering the groundwater body from precipitation, surface waters, adjacent groundwater bodies and artificial infiltration within the period of a year or longer; 43. Abstraction means activity causing a decrease in groundwater quantity by direct or indirect intervention.

6 6 ENVIRONMENTAL OBJECTIVES Article 4 (1) The fundamental objective of this Decree is to achieve the requirements of the good status, i.e. the good quantitative and qualitative status of groundwater bodies by the date referred to in the Kvt. (2) To meet the objectives set out in Paragraph (1) compliance with the following criteria shall be ensured in terms of groundwater and groundwater bodies, so that: a) no deterioration of status shall take place; b) all significant and sustained adverse trends in groundwater status resulting from activities shall be reversed; c) criteria for the good quantitative and qualitative status of groundwater bodies except in the case of water bodies at risk shall be fulfilled; d) the status of water bodies at risk shall progressively improve; e) groundwater and the geological medium permanently damaged shall be registered and controlled, and their status shall be improved by remediation. (3) The status of groundwater is determined by the poorer of the quantitative and qualitative status of groundwater or the groundwater body. (4) A groundwater body is in good quantitative status, if: a) the long-term (minimum 10 years) annual abstraction rate does not exceed the available groundwater resource; and b) abstraction does not cause a sustained decrease in the groundwater level or groundwater pressure level in any part of the water body; and c) environmental objectives for associated surface waters defined in specific other legislation are achieved, and no significant deterioration in their ecological or chemical status is caused as a result of water deficit; and d) alterations to flow direction do not result in a sustained deterioration of status; and e) no terrestrial ecosystem directly dependent on groundwater is damaged; and f) environmental objectives defined for the physical and chemical status of groundwater can be achieved without hindrance. (5) A groundwater body is in good chemical status, if changes in its quality characteristics do not result in: a) a significant and sustained deterioration of qualitative status; and b) a significant change of natural physical and chemical status; and c) a deviation from the qualitative limit values established in specific other legislation or in the river basin management plan; and d) the breach of the environmental objectives defined in specific other legislation for associated surface waters, nor in any significant deterioration of the ecological or chemical quality of such waters; and e) the damage to terrestrial ecosystems directly dependent on the groundwater body as a consequence of poor water quality and the quality characteristics do not diminish the potential of their uses. (6) Certain changes to the objectives set out under Paragraph (1) may be introduced for water bodies at risk as defined in specific other legislation. IMPLEMENTATION OF ENVIRONMENTAL OBJECTIVES Article 5

7 7 (1) Environmental objectives set out in Article 4 shall be achieved by the means of environmental protection and water management according to the specification in this Decree and in specific other legislation. (2) Designation of water bodies shall be carried out according to specification specific other legislation, taking into consideration the boundaries of the aquifer, the temperature of water, the boundaries of the underground catchment area incident to near natural status and hydrodynamic and qualitative characteristics of water. (3) Designation of groundwater bodies, their revision and the continuous observation of their status shall be the responsibility of the Minister of Environment and Water (hereinafter to referred to as the Minister ) with the involvement of the Hungarian Geological Service. (4) The registration of groundwater bodies is the responsibility of the Minister. (5) Monitoring of groundwater bodies and the regular evaluation of their status and impacts thereupon shall be carried out regularly in accordance with the provisions set out in specific other legislation in order to identify the necessary measures. (6) Pressures from point and non-point (diffuse) pollution sources shall be taken into consideration during the assessment of the status of water bodies. (7) In the river basin management plan, the (Mi) abstraction limit value for the different parts of the water body shall be determined in accordance with Article 19 of the Kvt such that the abstraction does not: a) threaten the natural quality of groundwater; b) cause the deterioration in the qualitative status of groundwater, including changes associated with infiltration from surface water; c) result in failure to achieve the objectives established for surface waters, and terrestrial ecosystems directly dependent on groundwater. (8) As part of the Municipal Environmental Programme launched in specific other legislation, - the local municipalities - with support from the financial sources granted under specific other legislation - shall establish and operate monitoring systems to observe the quantitative and qualitative status of shallow groundwater in their administrative area with special regard to the status resulting from the impact of nonpoint (diffuse) pollution sources, starting with these actions in the period of preparation and review of this programme. Article 6 (1) Based on the report on the characterisation of the status of groundwater bodies prepared for the European Commission in 2005 and on the characterisation of status included in the river basin management plans, the Environmental, Nature Conservation and Water Inspectorate (hereinafter referred to as Inspectorate ) shall take measures: a) to reverse significant and sustained adverse trends in groundwater bodies where indicative parameters of the status have reached the starting point of reversal; b) to enhance the status of water bodies at risk; c) to prevent potential deterioration, or to enhance the status of groundwater, if deterioration exists, in areas of extremely high sensitivity. (2) The starting point for the trend reversal mentioned in clause a) of Paragraph (1) shall be: a) the average value of concentration for the upper 50 metres of the groundwater body reaching 75% of the pollution limit value (B) in respect of nitrate and pesticides; b) the significant change of water temperature threatening the good status of the groundwater body.

8 8 (3) If the verified background concentration (Ab) exceeds 50% of the pollution limit value (B) the Inspectorate shall identify the necessary measures in a specific procedure with regard to actual conditions, taking into consideration the relevant points of the river basin management plans as established in specific other legislation. (4) For water bodies at risk the Inspectorate shall, based on the river basin management plan: a) identify the factors provoking the risk of failing to achieve and maintain of good status; b) review the activities affecting the status of groundwater, and take measures, if warranted, to modify or withdraw licences, by applying the environmental audit according to Article 73 of the Kvt, if necessary; c) take measures to complete and modify the monitoring falling under the responsibility of land users and, with regard to the provisions set out in Paragraph (5) of Article 5 of this Decree, initiate the review of the relevant elements of municipal and national monitoring specified above; d) modify the environmental requirements determined in their earlier decisions, and initiate modification of prescriptions concerning environmental requirements and limit values, if necessary; e) review permissions on abstractions. Article 7 (1) Areas shall be classified on the basis of sensitivity of the groundwater status and protection of the water quality thereof taking into consideration the recharge of groundwater, hydraulic conductivity of the geological medium, and furthermore, the areas under special protection. (2) In terms of groundwater sensitivity, areas can be classified as areas of extremely high sensitivity, sensitive and less sensitive areas. (3) Criteria and detailed specification for the classification mentioned in Paragraph (2) with the presentation of categories and their further division are set out in Annex 2 of this Decree. (4) The sensitivity of a given, defined area is determined in the official ruling on the basis of the 1: scale pollution sensitivity map approved by the Minister and available at the regional Inspectorate and the Water Management Research Plc. (hereinafter referred to as VITUKI ), or its legal successor. (5) The Inspectorate may apply special sensitivity classification for a defined area based on a map more detailed than the one mentioned in Paragraph (4) and made on the basis of local investigations carried out by or for, the user of the environment in compliance with the requirements set forth in Annex 2. (6) Administrative areas of municipalities are categorised on the basis of the map defined in Paragraph (4) by the highest of the sensitivity categories covering at least 10% of their territory. (7) The Minister sets forth the classification of the administrative areas of municipalities carried out according to the aspects stated in Paragraph (3) in a Decree authorised by the provision set out in clause m) of Paragraph (8) of Article 110 of the Kvt. (8) The Minister shall review the countrywide processing of the areas completed according to Paragraph (4), and their classification based thereupon in accordance with Paragraph (7), simultaneously with the preparation of the river basin management plan defined in specific other legislation.

9 9 II. ACTIVITIES AFFECTING THE STATUS OF THE GEOLOGICAL MEDIUM AND GROUNDWATER GOOD STATUS OF GROUNDWATER Article 8 In order to ensure the good status of groundwater the activity shall be carried out: a) by implementing preventive environmental measures with the application of the best available technology and the most efficient solution laid out in specific other legislation; b) under controlled conditions, including the establishment and operation of a monitoring network and data supply; c) so as not to threaten the good status of groundwater and so as not to fail to achieve the environmental objectives, even in the long term. PROTECTION OF QUANTITY Article 9 (1) In order to ensure the good quantitative status of groundwater the activity shall be carried out so as not to: a) cause the exceeding of the abstraction limit value (Mi); b) lead to the deterioration of the chemical and physical status of groundwater, including the adverse increase of the water (pressure) level (hereinafter referred to as water level ). (2) Excavation (dredging) of the river-bed material, or alteration of river-bed conditions shall be carried out with respect to the environmental objectives for groundwater and the objectives for the protection of drinking water resources defined in specific other legislation. (3) In areas of extremely high sensitivity from the point of view of groundwater status the following activities save for the activities defined in clause c) of Paragraph (8) of Article 41 are prohibited: a) supplementary alimentation of surface water from groundwater (withdrawals); b) any activities resulting in the removal of the top layer causing groundwater to appear on the land surface; c) any mining activities where the level of mine underside, sunk by dislodging of surface formations, approaches the highest level of karstic water to 10 metres. (4) In the areas sensitive from the point of view of groundwater status: a) supplementary alimentation of surface water from groundwater may be carried out according to the specification considered in the river basin management plan set out in specific other legislation; b) the activities, resulting in the appearance of groundwater on the land surface as a consequence of the removal of the top layer, may be performed if the requirements under Paragraph (1) of this Article and Paragraph (1) of Article 10 are met. (5) In accordance with the requirements under Article 13 permission may be granted to:

10 10 a) carry out an artificial recharge of groundwater, i.e. direct, or indirect introduction of water into groundwater to increase the available volume of abstraction without causing quality deterioration; b) carry out a re-injection of abstracted water into the same aquifer, or in another one used for the same purpose, provided that there are not any substances in the reinjected water different from those in abstracted water, and it causes no negative changes in water quality in process of: ba) utilisation of geothermal energy in a closed system, bb) activities connected with the mining of solid mineral resources, but carried out in a system different from that used for the extraction of the raw mineral matter, and bc) civil engineering and maintenance works. PROTECTION OF QUALITY Article 10 (1) In order to ensure the good qualitative status of groundwater the activities: a) connected with the use or disposal of pollutants, and substances transforming into pollutants as a result of their degradation, may only be carried out with technical protection; b) may be carried out only with the preservation of the status of groundwater and the geological medium in a state superior to that incident to ensuring the pollution limit value (B); c) shall not result in the qualitative status of groundwater and the geological medium being poorer than that incident to the pollution limit value (B) or the verified background concentration (Ab), if it is higher than the B value, furthermore, the specific pollution limit value (E), or the remediation target limit value (D) related to remedial actions, save for the case under Paragraph (4); d) of discharge and disposal carried out in the course of the activity may be performed only with special permission. (2) The following actions are prohibited for pollutants listed in Annex 1 and other substances containing such pollutants or transforming into such pollutants as a result of their degradation: a) the direct discharge into groundwater; b) the discharge into artificial lakes, originating from the excavation of the geological medium and consequently resulting in the exploration of groundwater, especially in the case of discharge into residual lakes derived from mining activity and lakes used for recreational purposes; c) the disposal in deep working mines, except for temporary storage of substances required for mining of particular raw materials and authorised in the plan of operation; d) indirect discharges into groundwater (including that into intermittent water courses) in areas of extremely high sensitivity from the point of view of groundwater status. (3) Discharge of the minimal essential quantity of pollutants into groundwater and the geological medium may be permitted according to Article 13: a) for the purposes of scientific research concerning the status, and quantitative and qualitative characteristics of groundwater;

11 11 b) with the aim of getting information about the geological medium and groundwater and to ensure their protection and recovery, if the pollutant content is so small that the discharge will obviously cause no damage. (4) In case of discharges of cleaned municipal waste water into intermittent water courses, the Inspectorate may give release from restrictions set out in clause c) of Paragraph (1) for discharges not exceeding the limit values established for different categories of intermittent water courses set out in specific other legislation, in terms of substances identified therein. (5) Provisions established for discharges into intermittent water courses in this Decree and those defined in specific other legislation shall be implemented simultaneously. (6) In the case when in the process of construction and engineering works, or similar activities including the establishment of relevant facilities carried out on the surface of the geological medium or in the geological medium, a direct contact with groundwater takes place, it shall be ensured that no risk is posed to groundwater in the long-term either. (7) While authorising the activity the Inspectorate may order monitoring to control compliance with the requirements. (8) The specific pollution limit value (E) established in an official ruling for a given site shall be valid for the new industrial activity until the status of the geological medium and groundwater no longer undergoes further deterioration.

12 12 Article 11 (1) Any disposal of pollutants by deep injection or by any kind of deep compressing except for the exemptions under Paragraph (2) is prohibited. (2) The discharge into groundwater, the geological medium, and such geologic formations that are permanently inadequate for other purposes due to natural conditions and represent hydrocarbon reservoirs under exploitation or from which the hydrocarbons have already been extracted, qualified as confined formations from the point of view of pollution transport, may be permitted according to Article 13 in the following cases, provided that the conditions specified in Paragraph (3) are met and any present and future risk of deterioration of groundwater quality can be excluded: a) re-injection of waters not containing K1 pollutants listed in Annex 1, originating from activities carried out in the scope of mining activities, including investigations, exploration and exploitation; b) injection of waters of natural content to promote hydrocarbon production; c) injection of natural gas or liquefied natural gas for the purpose of storage. (3) Permission for the activity identified in Paragraph (2) may only be granted if it is demonstrated by investigations based on complex assessment that: a) re-injection and injection originates from the activity in question and does not contain substances other than such originating from that activity; b) the best available technology is used in the prevention of groundwater pollution; c) re-injection and injection pose no risk to the quantitative and qualitative characteristics of the environmental elements, especially to groundwater and to the achievement of environmental objectives; and d) compliance with the provisions set forth in clauses a), b) and c) is validated. III. AUTHORISATION OF ACTIVITIES REGULATION OF THE WATER ABSTRACTION AUTHORISATION Article 12 (1) A water permit for direct abstractions and permit for activities, subject to a permit according to specific other legislation, and incident to indirect water abstraction, may be granted if water abstraction (expressed in m3/day and m3/year) considered together with other, already existing abstractions does not even temporarily threaten: a) the achievement of environmental objectives; b) the implementation of measures established for the affected water body specified by the legal regulations, or in the river basin management plan defined in specific other legislation. (2) To satisfy water demands not requiring drinking water quality, the abstraction from groundwater of good quality water may be only permitted if based on the results of the cost-benefit analysis the satisfaction of such demands from surface water is not reasonable because of disproportionally high costs, or would not be feasible due to natural conditions. (3) Permitted quantity of water abstraction, taking into account the quantity of all other direct and indirect abstractions, shall not exceed the abstraction limit value (Mi).

13 13 (4) Any water-engineering work causing adverse impacts on groundwater quality or on the natural protective capacity of the overlaying strata covering the aquifer shall not be carried out. (5) Monitoring of impacts from abstraction on groundwater is the task of the operator, and shall be implemented in compliance with provisions established in the permit. The permit shall also specify the order of measured data reporting. AUTHORISATION OF DISPOSAL AND DISCHARGE OF POLLUTANTS Article 13 (1) Activities subject to a permit are: a) the disposal of pollutants; b) the direct discharge of pollutants into the geological medium; c) the indirect discharge of pollutants into groundwater, including the discharge into intermittent water courses; and d) the direct discharge of pollutants into groundwater (2) While reviewing the activity subject to a permit or considering an application for a permit in the scope of a procedure set out in specific other legislation, it shall be ensured that requirements defined in this Decree are taken into consideration. (3) Any activity identified under Paragraph (1) shall be carried out only under a permit granted by the Inspectorate, or by another authority based on the expert statement issued by the Inspectorate. The Inspectorate can take part in the licensing procedure as the authorising authority, or as an expert authority, if the granting of permission for the activity falls within proceedings set out in specific other legislation. (4) Provisions defined in specific other legislation shall be implemented during the licensing of disposals and discharges, associated with: a) natural pressures and pressure originating from the use of certain substances in the course of agricultural or forestry activities; b) activities not exceeding the domestic needs of private persons. (5) To obtain a permit, identified in Paragraph (1), for an activity subject to a permit, the operator of the activity must carry out preliminary investigations. As part of such investigations the intermittent character of the watercourse in question shall be studied when there is a discharge into watercourses. (6) The authority shall decide about granting the permit on the basis of the application specified in Annex 4 of this Decree containing results of the preliminary investigation. (7) Tasks identified in Annex 4 shall be completed only by persons entitled to perform such activities as defined in specific other legislation. (8) If a unified land-use permit is required for exercising the activity subject to a permit, the Inspectorate shall grant the permit defined in Paragraph (1) according to the procedure specified in specific other legislation. (9) Based on the occurrence of the facts referred to in clause a) and b) of Paragraph (2) of Article 6 the Inspectorate may order the environmental audit specified in Article 73 of the Kvt with the aim of assessing the operating conditions of permitted land uses. (10) The permitting authority shall grant the permit identified under Paragraph (1), or the Inspectorate shall issue the expert statement for a fixed period of time, but no longer than 12 years, and shall review it at least once in every four years. (11) Sections of intermittent watercourses referred to in clause c) of Paragraph (1) shall be identified by the Inspectorate on the basis of preliminary investigations specified in

14 14 Paragraph (5) and based on the expert opinion requested from the Environmental and Water Directorate. (12) Regulation concerning direct discharges shall be applied also in cases where there is a direct introduction of pollutants into the saturated zone due to an increase of groundwater level. CRITERIA FOR ISSUING A PERMIT Article 14 (1) The authorising authority in the permit under Paragraph (1) of Article 13 and the Inspectorate in its expert statement, shall define the requirements for carrying out the activity in pursuance of Annex 5, with special regard to: a) provisions concerning the method of discharge, preventive environmental measures, engineering protection, volume and performance of the activity, also concerning supervision, documentation, data reporting and monitoring; b) emission limit values and other emission parameters, the remediation target limit value (D), the site-specific pollution limit value (E) for a particular site, and in the absence of relevant regulation the pollution limit value (B) for groundwater and the geological medium. (2) If the Inspectorate acts as the authorising authority, the procedure aiming at setting the limit values shall be conducted in each case with participation of the Public Health Authority, and depending on the matter in question and the competence with the Authority for Soil Protection, or/and Mining Authority, representing expert authorities therein. (3) In order to set the site-specific pollution limit value (E) for a particular site, a monitoring system shall be operated to characterise the status and to follow the changes in risk values. (4) The authorising authority shall be notified of any change in the characteristics, defined in the permit granted for the activity under obligation of authorisation, and in the impacts of that activity on the groundwater or geological medium within 15 days of such a change. Changes affecting the content of the reporting datasheet referred to in Paragraph (1) of Article 16 shall be reported on the basic data reporting form. Article 15 (1) Permits, including the environmental license under Article 72 of the Kvt and the unified land use permit under Article 72/A of the Kvt shall not be granted by the Inspectorate, neither the permit mentioned under Paragraph (1) of Article 12 and Paragraph (1) of Article 13 of this Decree (hereinafter referred to as permit ) by the authorising authority or the expert statement by the Inspectorate, furthermore, the operating license under Article 79 of the Kvt by the authorising authority, unless the complex investigation of environmental characteristics and the supervision of the activity and all other conditions confirm that they comply with requirements under this Decree. (2) The permit shall be amended ex officio upon any change in the conditions serving as the basis thereof and/or specified in the permit, or in the impacts from the activity on the groundwater and/or the geological medium, furthermore, if this is made necessary by a natural, or other inevitable cause.

15 15 (3) The permit may be amended or withdrawn at the permit holder s request. (4) In the course of the licensing procedure requirements for the measures and programmes of measures laid out in specific other legislation shall be taken into account. (5) The permit shall be withdrawn ex offico in cases where: a) owing to changes in conditions the activity fails to meet the requirements set out in the permit, in particular those in the river basin management plan; b) this is made necessary by the circumstances mentioned in Paragraph (7). (6) The rules applying to the issuing of the permit shall also apply to the amendment and withdrawal thereof. (7) The Inspectorate shall restrict, suspend or prohibit the use of land activity if it poses a risk to groundwater, causes pollution of groundwater and the geological medium or damage thereto, or shall initiate relevant measures at the competent organisation, in cases where: a) pollution or damage results in a significant risk to human health; or b) risk, pollution damage or pressure exists in terms of groundwater despite iterations of measures; and/or c) the user of the environment fails to comply with his obligations established in an official decision in the interest of the prevention of damages, or those of remediation thereof and/or taking emergency measures to eliminate water-quality damage, and as a consequence risk, pollution or damage continues to exist; furthermore d) the user of the environment fails to proceed with appropriate care in the interest of implementing preventive or remedial measures and causes a risk of pollution to be sustained or to reoccur, furthermore, causes a risk of increase in the pollution level. (8) The authorising authority and the expert authorities are entitled to control the compliance with the provisions and requirements defined in the permit. In the case of deficiencies, and/or discrepancy with the permit learnt by the authority or expert authority on the occasion of a supervision procedure, the authority or expert authority must take measures within 30 days after the supervision or handling the report on supervision presented by the expert authority, respectively. IV. TERMS OF NOTIFICATION AND DATA REPORTING FOR ACTIVITIES SUBJECT TO A PERMIT Article 16 (1) The characteristics of the activities posing a risk or pressure to groundwater shall be specified on the data reporting forms, namely, on the Basic form for reporting threats and pressures on groundwater and the geological medium (hereinafter referred to as basic data reporting form ) or on the Detailed form for reporting threats and pressures on groundwater and the geological medium (hereinafter referred to as detailed data reporting form ), and in the Annual report of threats and pressures on groundwater and the geological medium (hereinafter referred to as annual report ) to be submitted for each site to the competent local Inspectorate (hereinafter referred to as report ). (2) A basic data reporting form shall be submitted:

16 16 a) by the person intending to start an activity subject to a permit after the entry into force of this Decree and submitting an application for the permit or an expert statement mentioned in Paragraph (1) of Article 13; b) by the person obliged by the Inspectorate according to Paragraph (4) of Article 19; c) by the operator of activity subject to a permit referred to in Paragraph (1) of Article 13. (3) A detailed reporting form shall be submitted: a) by the person who submits an application according to clause a) of Paragraph (2); b) by the person obliged by the Inspectorate on the basis of the data presented on the basic data reporting form; c) by those of the operators of one or several activities listed in Annex 3 of this Decree, who perform direct discharge into groundwater or who, in the course of his activity disposes of pollutants, namely: ca) more than 100 tons per year of a pollutant with the pollution limit value (B) of 1 mg/l, or higher in terms of groundwater; cb) more than 1 ton per year of the pollutant with pollution limit value (B) lower than 1 mg/l in terms of groundwater. (4) The annual report shall be submitted by those of the obliged persons under Paragraphs (2) and (3) who were obliged in an official decision by the Inspectorate on the basis of evaluation of the data presented on the basic or detailed data reporting form. (5) The basic or detailed data reporting form shall be submitted, with presentation of the data valid on the day of submission: a) by persons obliged under clause a) of Paragraph (2) and clause a) of Paragraph (3), simultaneously with submitting the application for a permit, as part of the application; b) by the persons obliged under clause b) and c) of Paragraph (2) and clause b) and c) of Paragraph (3) by the date fixed in the ruling. (6) The annual report shall be submitted by 31 March of the year following the reporting year. (7) Changes in the data, specified on the basic data reporting form and taking place within the reporting year, shall be reported to the competent Inspectorate if the change in material turnover exceeds 25% for disposals and in every case for discharges - as part of the annual report, or on a new basic data reporting form by presentation of the data valid on the last day of the reporting year. Article 17 (1) To comply with reporting obligations the data may be presented on the paper forms distributed by the Ministry of Environment and Water (hereinafter referred to as Ministry ), or by an organisation designated therefor, or in electronic form on computer data media. The data-supplier shall provide for archiving the documentation and the methods of data collection, processing and transmission. (2) The person obliged to report shall be responsible for the completeness of the data provided, their conformity with the measured and observed data, also for the conformity of supplied data with accounting rules, statistical and other registration systems. Article 18

17 17 (1) The Inspectorate shall review the supplied data presented on the data reporting forms and amend them if necessary, in agreement with the data-supplier. (2) The Inspectorate shall oblige the data-supplier to comply with the provisions in case of negligence or failure to adequately fulfil his obligation to report and supply information. (3) In case of failure to meet the obligation to supply data, as defined by the authority, the obligant mentioned under Paragraph (2) must pay a fine as referred to in clause c) of Paragraph (1) of Article 36. V. INQUIRY Article 19 (1) The operator of the activity shall notify the Inspectorate without delay about the pollution or damage caused by him or those having occurred due to reasons beyond that of normal operation. At the same time the obliged person shall stop the polluting and damage-causing activity, shall provide for the implementation of mitigating measures, and shall start without delay with the implementation of emergency measures to eliminate water quality damage in accordance with specific other legislation. (2) The Inspectorate shall inquire into the obtained information concerning pressures on the geological medium and/or groundwater, on the risk to them, on the pollution and deterioration of the quality thereof, with the aim of assessing the necessity of any official action and to establish a basis for the official procedure. (3) The Inspectorate shall start with the inquiry within 30 days from receipt of the data and information, and shall set the deadline thereof in 90 days as a maximum, depending on the magnitude of the risk, except for the cases regulated in this Decree. (4) As part of the official inquiry, the Inspectorate may require a submission of notification or data mentioned in Paragraph (2) of Article 16 within 30 days, provided that the data that came to its attention relate to the operator of the activity and make possible his identification, and the deadline established for the operator to comply with his reporting obligation has not expired, or that the operator of the activity is exempt from the obligation to report. (5) Based on the data having come to its notice, the Inspectorate - as part of the inquiry - shall, if necessary, conduct a hearing or carry out a site survey, and, if the pollution is probable, shall draw up an official record in accordance with Annex 6, with the involvement of the authority concerned. (6) The probability of pollution may be established: a) on the basis of the emissions and characteristics of real or potential sources of pollution, and/or the volume of the activity; b) on the basis of information relating to site contamination: ba) if the level of contamination exceeds the pollution limit value (B) at least in five samples taken at a depth below 0.2 m for the soils with exception referred to in clause bb), and at least in 1 one sample taken in one point in the case of groundwater and geological medium not qualified as belonging to soil; or bb) if in arable soils, the concentration of pollutants exceeds the pollution limit value (B) at least in five samples. 1 Amended by????

18 18 (7) The Inspectorate may carry out measurements and investigations to control the compliance with requirements established for the activity, further the impact thereof on the geological medium and groundwater or may oblige the permit holder to do so. (8) Based on the findings of inquires mentioned above, and on the expert opinion of competent authorities entitled according to other relevant legislation to cooperate in procedures related to protection of groundwater and soil, furthermore, using the available data, the Inspectorate shall decide, whether the level of pollution requires any measure, or not. In the cases mentioned in clause ba) and bb) of Paragraph (6) the Inspectorate is obliged to take measures. (9) Based on the findings of the inquiry, the Inspectorate shall decide upon: a) the adequacy of the data provided in the report by the data supplier; b) referring the matter to the licensing authority; c) measures, specified in specific other legislation, related to the necessity of emergency actions (especially to emergency actions associated with the removal of water quality pollution), in case of extreme, unforeseen environmental events, or extremely severe events of water pollution requiring prompt intervention; d) taking any necessary measure or procedure by the Inspectorate, in particular putting the activity under obligation of licensing by official decision of Inspectorate competency with regard to provisions established in Article 13 of this Decree, furthermore, upon the ordainment of any phase of remediation, or environmental audit referred to in Article 73 of the Kvt, or that no action is required on the basis of the data which came to the notice of the Inspectorate. (10) In order to enforce environmental requirements the Inspectorate by setting deadlines may oblige the operator of the activity to take engineering measures or to design a programme of such measures and to comply with that programme while implementing them. (11) The Inspectorate may impose a fine as mentioned in clause d) of Paragraph (1) of Article 36 in the cases when a violation of requirements related to water protection, or negligence to implement technical measures by the deadline set in official decision, or failure to comply with a programme of measures has taken place. (12) Based on Paragraph (9) of Article 21 the Inspectorate may prescribe the filling in and submitting of the data reporting form laid out in specific other legislation. (13) Following the inquiry into the threat, and damage to groundwater and/or to the geological medium, and pollution thereof, the Inspectorate: a) prior to making an official decision upon establishing the obligation, shall check the archaeological significance of the affected area and the existence of any protected monuments thereon, with the Authority for Cultural Heritage; and b) parallel with sending the official decision establishing the obligation to the operator, shall inform the Public Health Authority and other authorities involved in the procedure about it, as well as inform the local government and the owner of the area. VI. THE STATE ENVIRONMENTAL REMEDIATION PROGRAMME Article 20