Arbeitshilfen
Summary of the Guide on Soil and Groundwater Protection for the Application of "Regulations for the Planning and Implementation to Reclaim adverse Soil Changes and Groundwater Pollution" for Federal Real Estates
(First published by the former Federal Ministry for Regional Planning, Building and Urban Development [BMBau] and the Federal Ministry of Defence [MOD] [BMVg] in 1996 under the title of "Land Reclamation Guide", second edition 2002; amendments Dec. 2003)
Initiation
The handling of adverse changes of soil quality and groundwater pollution has become a central topic, mainly for the Federal Government as greatest real estate owner. Since 1991, systematic investigations have been carried out using the "federal land remediation project". On the basis of information determined, decisions have been taken on measures for the defence of danger and on a new and meaningful use of relevant real estates.
There are no simple and generalised answers and solutions to the individual case. Therefore, the BMBau (since 1998 Federal Ministry of Transport, Building and Housing, BMVBW) and the BMVg have elaborated the "Guide on Soil and Groundwater Protection" (“Arbeitshilfen Boden- und Grundwasserschutz” = AH BoGwS; initially "Land Remediation Guide" = "Arbeitshilfen Altlasten") in close co-operation and co-ordination with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) and the Federal Ministry of Finance (BMF). This guide contains valuable information, documents and material for the planning and implementation to reclaim adverse changes of soil quality and groundwater pollution which facilitates the tasks of responsible persons and provides a uniform and cost-saving procedure.
Legal basis and responsibilities
Basis of the AH BoGwS are in addition to the Federal Soil Protection Act (BBodSchG, dated 17 March 1998) and the Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV, dated 12 July 1999) the "regulation for the planning and implementation to reclaim adverse soil changes and groundwater pollution" (BfR BoGwS, introduced by BMVBW and BMVg). The special expert opinion about "contaminated sites" and "contaminated sites II" of the "Advisory Council for Environmental Matters" (SRU) are still up to date. The "provisional rough paper for the initial evaluation of suspected contaminated sites on real estates of the Bundeswehr" of the Ministry of Defence was superseded by the "Land Remediation Guide" in 1996.
Planning, implementation and remediation of adverse changes of soil quality and groundwater pollution is effected as building project pursuant to the "Regulations for the Implementation of Building Projects of the Federal Government within the Competence of the Building Agencies" (RBBau). In principle, the construction agencies of the Länder are entrusted with tasks in view of building and supervisory measures in real estates of the Federal Government (Art. 83 GG = Basic Constitutional Law). The overall responsibility for federal civil engineering and building activities within the competence of the federal building administration and the construction agencies of the Länder lies with the BMVBW. The construction agencies as technical organs of public authorities are responsible for the proper performance of construction/building projects to be carried out for the public benefit.
Contents of " Guide on Soil and Groundwater Protection " (outline)
In this guide the responsibilities and procedures to deal with suspected contaminated sites (KVF) from registration to remediation that might be necessary are descibed and information on special methods of investigation is provided. Further focal points besides the explanation of project/information structures are also the representation of available data base systems for the registration, evaluation and further processing of real estate data. The annex contains, among others, performance and service catalogues, model contracts and contractual terms/conditions.
Text part of the Guide on Soil and Groundwater Protection
|
Preface |
|
6 Disposal |
|
8 Technical information system soil and groundwater protection |
Annexes
|
Phase I (registration and initial evaluation) | |
|
Phase II (investigation and risk assessment) | |
|
Phase III (remediation) | |
|
Methods of investigation without sampling | |
|
Further performance/service catalogues and contracts | |
|
General, additional and supplementary terms of contract | |
|
Data acquisition/processing | |
|
Occupational safety/protection | |
|
Regulations, directives, and ordinances | |
|
Collection of decrees |
Contents of "Guide on Soil and Groundwater Protection" (in detail)
Range of validity and scope (Chapter 1)
Using uniform approaches this guide shall count for increased economical procedure and sustainable environmental protection. It assists in planning and implementation of investigation and remediation of contaminated sites, adverse soil changes and groundwater pollution.
History and legal basis are explained.
Terms and definitions (Chapter 2)
Prerequisite for a uniform approach are unifom terms. In federal laws (BBodSchG, BBodSchV and the Commercial and Industrial Waste Management Act = KrW/AbfG) a number of essential terms are defined uniformly. Further definitions and explanations of terms concerning registration, investigation, evaluation and remediation of adverse changes of soil quality and groundwater pollution are descibed in the BfR BoGwS. To facilitate overview all these terms are collected in a glossary that is linked to the text within the digital edition of the AH BoGwS.
An index enables alphabetical search of terms.
Responsibilities and project management (Chapter 3)
The observation of rights and obligations of the owner of real estates falls to the Federal Property Administration (Bundesvermögensverwaltung). This agency decides on the implementation of measures and projects and is responsible for the appropriation of funds.
Figure 1: Organisational structure „federal real estates“ within the competence of BMVBW
Responsible for federal real estates of the BMVg is the territorial Defence Administration (Military District Agencies (Wehrbereichsverwaltungen = WBV) and Garrison Administrations (Standortverwaltungen = StOV)). These agencies decide on the implementation of measures and projects and are responsible for the appropriation of funds.
Figure 2: Organisational structure „federal real estates“ within the competence of BMVg
The Superior Finance Directorate (OFD) Hannover was charged to ensure that uniform approaches are developed for the handling and evaluation of suspected contaminated sites (KVF) respectively adverse soil changes and groundwater pollution, and to develop and manage a central data base, and was appointed as leading OFD.
Rules of procedure (Chapter 4)
Chapter 4.1 provides an outline of works to be carried out during the planning and implementation of the remediation of adverse changes of soil quality and groundwater pollution on federal real estates. In compliance with the BfR BoGwS (Annex 9 of the AH BoGwS), three connected working steps (phases) following each other (see also Fig. 3) are distinguished.
Phase I: Registration and initial evaluation
The objective of Phase I (also called historical investigation) is a detailed registration of all information available with reference to KVF, in order to carry out an initial evaluation concerning potential contamination and danger to the public safety, without conducting technical investigations on site. If there is suspicion of an objective danger to the public safety coming from the registered KVFs or from the whole real estate, investigations of Phase II will have to be conducted.
Phase II: Investigations and risk assessment
Phase II a: Exploratory Site Investigation
Phase II b: Main Site Investigation
The objective of Phase IIa is to check the suspected contamination first using relatively slight technical expenditure and to carry out the initial risk assessment. The following results could be possible after the completion of Phase IIa:
- suspected contamination was not confirmed ® no further action required, the investigations are completed,
- suspected contamination was confirmed, but there is no serious suspicion of danger ® no further action required; investigations are completed by this risk assessment,
- suspected contamination was confirmed; danger is to be seriously suspected ® further action required: Investigation of Phase IIb should be carried out.
The objective of Phase IIb is to acquire relevant data by suitable geological/hydrogeological and chemical/physical investigation, in order to obtain information which are sufficient and stable enough for risk assessment. In this connection it could be useful to divide Phase IIb into several steps, which is dependent on the complexity of the case.
The risk assessment is the basis for the decision whether remedial actions are required and directed or will be directed with the utmost probability by the competent technical/enforcement authorities. This directive must stand a judicial review.
Phase III: Remediation and monitoring
Phase IIIa: Remediation planning
Phase IIIb: Remediation/construction project
Phase IIIc: Aftercare and monitoring
Phase III includes all the technical and administrative tasks required for the planning and implementation of remediatial actions including aftercare after the completion of work and a necessary monitoring, if required.
The objective of remediation is the elimination of the hazardous condition related to the use of the site. The absence of all hazardous substances shall not be the target of Phase III. Therefore, the target parameters of remediation (conditional on subsequent use) are to be determined in co-operation with competent technical/enforcement authorities (individual case decisions!)
Figure 3: Flow chart for the handling of suspected sites
In Chapter 4.2, the normal procedure is to be applied which is usually used on each federal real estate within the competence of BMVBW and BMVg, describing the way of procedure and information flow. Federal ministries perform their management and control tasks with the help of the "Zentrales Informationssystem Altlasten" (central information system for the remediation of contaminated sites) established by the guiding OFD of Hannover.
In Chapter 4.3 " Allocation by Tender", all particularities of the delimitation of performances/services are described for the planning and implementation to secure and reclaim adverse changes of soil quality and groundwater pollution, as well as selection criteria for experts, analytical institutions and information about specifications of work and award of contracts for the services of architects/engineers. In this connection, Phase III (remediation) is particularly taken into account.
In the course of infrastructural measures on real estates (Chapter 4.4), problems relevant to the environment are also of importance, in addition to structural and use-specific matters. This applies particularly to adverse changes of soil quality and groundwater pollution. Information obtained from investigation results of suspected and/or contaminated sites must be taken into account with all construction projects. This is shown by examples and completed by information on occupational safety (Chapter 4.6). Special measures are required for the detection and removal of warfare agents which are described in the following (Chapter 4.5).
Contents of procedure (Chapter 5)
Phase I containing the registration of KVF on federal real estates, serves the acquisition of all relevant information (without additional sampling and analyses) and its initial evaluation (Chapter 5.1). The initial evaluation leads to the assessment whether the real estate is to be eliminated from further investigation programmes, because the suspicion concerning the environmental hazard could be dispelled completely, or whether there is the need to carry out investigations and a risk assessment.
If a suspicion of danger results from Phase I, Phase II will follow (Chapter 5.2). The objective of this phase is to review the suspicion by concrete measurements and to investigate and describe qualitatively what kind of agents are where and how harmful could their effect be. If it turns out that there is actually a significant contamination, it must be registered quantitatively (what concentration and amounts of agent, spatial distribution and temporal development, what is the concrete situation of danger). The final procedure of Phase II is the risk assessment establishing the basis of the decision whether a remediation is required and legally enforceable by the enforcement authorities. As this decision must be legally valid, all necessary information must have been gathered and completely documented by previous investigations. An investigation need concerning the distribution of pollutant and its tendency towards dispersion, protective targets and exposure paths must no longer exist at the end of Phase II. Otherwise the investigation has to be completed and/or updated prior to the risk assessment.
In addition, principles of the evaluation of contamination are shown in Chapter 5.2 including practice-oriented information to handle with lists used for comparison. Information on toxicological evaluation are included in the "Materialienband (collected materials) 1" (principles of human/ecological toxicology) published by OFD Hannover.
The remediation of adverse soil changes and groundwater pollutions (Chapter 5.3) is the implementation of administrative and technical measures ensuring that no danger to human health and life and to the living and unfrequented environment will emanate from the source of pollutants after the completion of remediatial action. It contains the working steps of remediation planning (Phase III a), the implementation (Phase III b) and aftercare (Phase III c).
The remediation planning has to ensure that remediation procedures (or combinations of them) are to be selected which are suitable to achieve the remediation targets, in consideration of local conditions, marginal conditions as well as economic, ecological and social aspects. In this connection, a division into phases of performance is to be effected in conformity with § 55 HOAI.
Chapter 5.4 provides information on sites with inherited armament waste and presents contents of the guidelines for removing armament waste (“Arbeitshilfen Kampfmittelräumung” = AH KMR) (see also "Survey of derelict sites of military production and military operations (sites with inherited armament waste) - directive about the removal of ammunition" published by the BMVBW and BMVg, of July 1999).
Disposal (Chapter 6)
In the course of securing or decontamination measurements it is possible that different types of materials occur, which have to be removed i.e. wastes to be recovered and wastes to be disposed off.
Federal laws and laws of the Länder which are relevant to the procedure of disposal and/or questions about approvals, are listed and explained. Central terms about disposal are defined, and the responsibilities of waste generators are specified.
Investigation possibilities without sampling (Chapter 7)
Chapter 7 provides an outline about aerial photos and aerial maps generally available, and methods of acquisition.
Furthermore, possibilities are briefly introduced to use the possibility of map evaluation and geophysical investigation procedures. The topic "geophysical investigation" is deepened in the collected materials (Materialienband) which will be published by the OFD Hannover probably in 2003.
Technical information system soil and groundwater protection (Chapter 8)
The enormous number of federal real estates and the extent of information acquired within the framework of the handling of adverse changes of soil quality and groundwater pollution, requires a DP-aided management and evaluation. Therefore, the OFD Hannover has developed DP-tools which were introduced nation-wide by BMBau (nowadays BMVBW) and BMVg, for the purpose of project management documentation. The building administration will thus be able to use a uniform approach and fully developed tools to register information relevant to contaminated sites and its further processing and utilisation. Officials responsible for investigation or construction projects are assisted in their work and the acceptability of resulting recommendations for further action rises.
The focal point of the DP-application is the comprehensive approach of control and management tasks to be performed by the construction administrations of the Länder and by the administrations of federal real estates. Data required in this connection, are used further for:
- structural tasks of building owners and structural engineering services of construction administrations
- building owners' tasks of the using administration
- operators' tasks of the using administration
Inter-estate technical or administrative evaluations include, for example:-
- information on the state of investigations for individual real estates or groups of real estate
- documentation of detected adverse changes of soil quality and groundwater pollution for further operation of real estates and future planning of building projects
- technical evaluation for the further development and adjustment of investigation concepts.
The modules of the "Informationssystem (FIS) Altlasten" (Technical Information System for Contaminated Sites), which are the "information system for the remediation of contaminated sites" (INSA), data acquisition programmes (EFA), evaluation and cost estimate modules, the "data base of pollutants" (SINA), "GEO Boden- und Grundwasserschutz" and "AS Boden- und Grundwasserschutz", are introduced in Chapter 8. The "FIS Boden- und Grundwasserschutz" is part of the real estate/building management system (LGMS), being developed by the OFD Hannover for the federal government.
Furthermore chapter 8 provides an outline about the DP-aided evaluation procedure “BEMA” and about the program “KOSAL” for cost estimates.
Annexes
Annex 1: Phase I (registration and initial evaluation)
Annex 1 includes:
· a performance catalogue for engineer services for the registration and initial evaluation (Phase I),
· checklist about the documentation of registration and initial evaluation, and
· a model contract for the registration and initial evaluation (Phase I) of suspected contaminated sites (KVF) on federal real estates.
Annex 2: Phase II (investigation and risk assessment)
Annex 2 includes:
· preliminary notes and information on the description of performances (Phase II),
· check list about implementation and documentation of phase II,
· a performance catalogue about engineer services for Phase II,
· a performance catalogue about laboratory services for Phase II,
· a model contract for services of Phase II and
· the “requirements on sampling, pretreatment and chemical analysis methods on federal real estates” (pursuant to the administrative agreement between OFD Hannover and BAM, dated 15 September 1995, as of Mai 2001).
Annex 3: Phase III (remediation)
Annex 3 includes:
· information on a model contract concerning object definition, countable costs and determination of the professional fee zone,
· a model contract for remediation planning
· a performance outline according to §55 HOAI,
· a scheme for cost estimates,
· an overview about remediation procedures,
· a short dictionary on remediation techniques,
· leaflets of selected remediation techniques specifying each procedure, required infrastructures and scope of application, necessary approval procedures, follow-up control measures and rough cost estimates,
· information on the documentation of the implementation of a remediation,
· performance items for different remediation procedures as basis of a tender incl. specifications of work or service programme, and
· information on the themes: disposal (information on the subordinate regulations of KrW-/AbfG, proof of disposal procedures, accompanying documents, checklist for the approach in case of the disposal of contaminated soils).
Annex 4: Investigation methods without sampling
Annex 4 includes:
· information about the analysis of aerial photos with performance catalogue for engineer services for the analysis of aerial photos and model contract for a multi-temporal aerial survey,
· information about the application of satellite and aerial photo-aided remote sensing (brief description and application possibilities of different procedures).
Annex 5: Other performance catalogues and contracts
Annex 5 includes:
· a performance catalogue for the geophysical investigation of boreholes and groundwater monitoring wells,
· information on performance catalogues about occupational safety and supervision
Annex 6: General, additional and supplementary contractual terms
Annex 6 includes:
· general conditions of contracts (AVB) for free-lancers,
· supplementary terms for contracts with free-lancers,
· additional technical terms of contract for the installation of groundwater quality monitoring wells.
Further information about the construction and operation of groundwater monitoring wells can be found in the "collected materials 2" (Materialienband 2, May 1999).
Annex 7: Data acquisition/processing
Annex 7 includes:
· a chart of flow of information
· registration forms for suspected / contaminated sites on federal real estates,
· information on the registration of layer lists.
Annex 8: Occupational safety and protection
Annex 8 includes the guide “occupational safety in the course of planning and implementation of securing and remediation of contaminated soils” (as of May 2000).
Annex 9: Regulations
Annex 9 includes
· the “regulations for the planning and implementation of remediation of adverse soil changes and groundwater pollution” (BfR BoGwS),
· the “directive about the removal of ammunition",
· the Federal Soil Protection Act (BBodSchG),
· the Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV).
Annex 10: Collection of decrees
Annex 10 presents a list of orders of BMVBW, BMVg, and BMF.
The essential parts of the Guide on Soil and Groundwater Protection (Arbeitshilfen Boden- und Grundwasserschutz, german version only) are available as a download from http://www.arbeitshilfen-BoGwS.de.
Seitenbeginn
Arbeitshilfen