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Ministry of Justice of Ukraine

May 5, 1998

No. 285/2725

ORDER OF THE MINISTRY OF PROTECTION OF THE SURROUNDING ENVIRONMENT AND NUCLEAR SAFETY OF UKRAINE

of October 27, 1997 No. 171

About approval of the Technique of the damage assessment caused by pollution and contamination of land resources through violation of the nature protection legislation

(as amended on 04-11-2020)

According to Art. 20 the Law of Ukraine "About protection of the surrounding environment" and for the purpose of regulation of receipts I ORDER to the state of means for violations of the nature protection legislation:

1. Approve the Technique of the damage assessment caused by pollution and contamination of land resources through violation of the nature protection legislation which is applied.

2. Term to submit to legal management in 5-day this order on state registration to the Ministry of Justice of Ukraine.

3. To impose control over the implementation of this order on the deputy minister of protection of the surrounding environment and nuclear safety of Ukraine V. Vasilchenko.

 

Minister

Yu.Kostenko

Approved by the Order of the Ministry of protection of the surrounding environment of October 27, 1997 No. 171

Technique of the damage assessment caused by pollution and contamination of land resources because of violation of the nature protection legislation

1. General provisions

1.1 The technique of the damage assessment caused by pollution and contamination of land resources because of violation of the nature protection legislation (further - the Technique) is developed according to the Laws of Ukraine "About protection of the surrounding environment", "About waste" and other regulatory legal acts.

1.2 The technique establishes procedure of payments of the amount of indemnification by executive bodies, local government bodies, subjects of managing and physical persons, for pollution of lands chemicals, their contamination industrial, household and other wastes, allowed as a result of action or failure to act and extends to all lands, irrespective of their category and patterns of ownership.

1.3. The technique is applied during establishment of the extent of damage from pollution (contamination) of lands of any purpose which occurred owing to unauthorized (unexpected by projects, permissions) dumpings (emissions) of substances, connections and materials, owing to violation of regulations of ecological safety in case of storage, transportation and carrying out cargo-unloading works, use of pesticides and agrochemicals, toxic substances, production and household waste; unauthorized placement of industrial, household and other wastes.

1.4. The technique does not extend to damage assessment, put to land resources owing to their radioactive and bacterial pollution.

2. In this Technique terms are used in such value

The term "Waste" is excluded according to the Order of the Ministry of environment protection and natural resources of Ukraine of 04.11.2020 No. 241

The term "Dangerous Wastes" is excluded according to the Order of the Ministry of environment protection and natural resources of Ukraine of 04.11.2020 No. 241

Pollutant infiltration depth

thickness of layer of earth on which the pollutant leakage is fixed.

ground waters

waters, form the first (upper) water-bearing horizon in the thickness of geological breeds.

soil

the natural-historical organomineral body formed on the surface of crust also is the center of the greatest concentration of nutrients, basis of life and development of humanity thanks to the most valuable to the property - fertility.

pollution of lands

accumulating in soils and ground waters owing to anthropogenous impact of pesticides and agrochemicals, heavy metals, radionuclides and other substances which content exceeds natural background that brings to their of quantitative or high-quality changes.

pollution of soils

accumulating in soils of substances which negatively influence their fertility and other useful properties.

contamination of lands

availability in the territory of the parcels of land of foreign objects and materials.

Land resources

cumulative natural resource of land surface as space basis of resettlement and economic activity, fixed asset of production in rural and forestry.

Earth (lands)

land surface with soils, minerals and other natural elements, are organically connected and function together with it.

open lands

lands without vegetable cover or with insignificant vegetable cover, include vacant lands which surface absolutely or is not covered with almost any vegetation (stony places, sands, ravines, bogs, saline soils), and also dry open lands with special vegetable cover.

the built-up lands

the lands occupied with objects of the industry, which are built up with the apartment houses, roads, mines, open-cast minings and any other constructions created for implementation of different types of human activities including the territories for their servicing.

aeration zone

the upper thickness of crust between its surface and mirror of ground waters.

control test

the test which is selected abroad pollution zones on adjacent the developed (not created) parcel of land with the purpose or type of grounds similar with the contaminated parcel of land.

In case of lack of such adjacent parcel of land test is selected on the next developed (not created) parcel of land located from pollution zone with the purpose or type of grounds similar with the contaminated parcel of land.

Control content of substance in the soil

content of substance in the soil by results of tool and laboratory control in control test (it is determined in case of calculation of damage for pollution of lands).

Normative money value of the parcels of land

the investment income from the parcel of land determined according to the established and approved standard rates is capitalized.

fertility of the soil

capability of the soil to satisfy the needs of plants for batteries, water, air and heat for enough for their normal development which in total is the main indicator of quality of the soil.

quality of the soil

set of all available positive and negative characteristics and properties determining its fertility.

In this Technique the terms "Waste" and "Dangerous wastes" are used in the values given in the Law of Ukraine "About waste".

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