General Information on Soil Protection and Contaminated Sites

Soil Protection & Contaminated Sites

Soils form the foundation of life and habitat for humans, animals, and plants. They represent the uppermost layer of the Earth's crust. Soil is formed when rocks are weathered over long periods by water, air, climate, and living organisms.

Soil fulfills diverse functions: it serves as a site and nutrient source for plants, stores and filters water, is a habitat for numerous organisms, and forms the basis for agricultural and forestry production. Thus, soil is indispensable for life on Earth.

The scientific discipline "Soil Science" deals with the properties, structure, and distribution of soils. Since 2005, "World Soil Day" has been raising awareness of the importance of soils.

The BK50 soil map of the Geological Service of NRW shows soil units along with related basic information for the Oberberg district.

Tasks of Soil Protection

The Lower Soil Protection Authority protects soils in the Oberberg district. It ensures that valuable soils are preserved, harmful impacts on soil are avoided, and contaminated soils are secured and remediated.

The goal is to preserve natural soils for future generations, reduce land consumption, and prevent harmful soil changes and any associated groundwater damage.

Tasks include recording, investigating, assessing, and remediating or securing old deposits and former sites. This also includes suspected contaminated sites, harmful soil changes, and other material soil changes.

The Lower Soil Protection Authority also supports projects that repurpose disused and contaminated industrial sites. This so-called land recycling helps create new residential and commercial spaces without developing new natural areas such as forests or meadows. This contributes to protecting the landscape in the Oberberg district.

Additionally, the authority provides technical opinions on planning procedures, construction projects, and procedures under federal emission control law, nature conservation, waste, and water law.

Legal Basis

Since March 1, 1999, the Federal Soil Protection Act (BBodSchG) has been in effect in Germany. It protects soil as an independent environmental resource for the first time.

This law regulates how soil is protected through preventive, restrictive, securing, and remediation measures.

It is supplemented by:

• State Soil Protection Act (LBodSchG NRW) of May 9, 2000

• Federal Soil Protection and Contaminated Sites Ordinance (BBodSchV) of July 9, 2021 (effective August 1, 2023)

Terms in Soil Protection Law

The following terms are defined in the Federal Soil Protection Act (BBodSchG). They help describe areas that may pose risks to humans, waters, soil, or the environment.

What are Former Sites?

Former sites are properties of decommissioned facilities and other areas where environmentally hazardous substances were handled (e.g., former industrial and commercial operations). Past handling of these substances may have caused harmful soil changes or other risks to individuals or the public.

What are Old Deposits?

Old deposits are decommissioned waste disposal facilities and properties where waste was treated, stored, or deposited (e.g., former landfills or illegal dumps). These areas may pose harmful soil changes or other risks to humans and the environment.

What are Suspected Contaminated Sites?

Suspected contaminated sites are old deposits or former sites where there is suspicion of harmful soil changes or other risks to individuals or the public.

What are Harmful Soil Changes?

Harmful soil changes are alterations to the soil that impair its functions, causing risks, significant disadvantages, or significant nuisances to humans or the environment. Examples include heavy-metal-contaminated floodplain sediments or areas with soil erosion.

What are Suspected Areas?

Suspected areas are properties where there is suspicion of harmful soil changes.

Legal Reference

The terms "former sites," "old deposits," "suspected contaminated sites," "contaminated sites," and "harmful soil changes" are derived particularly from § 2 of the Federal Soil Protection Act (BBodSchG).

Responsible Authorities

Several authorities are responsible for soil protection in North Rhine-Westphalia:

• The Ministry of Environment, Nature Conservation, and Transport as the supreme soil protection authority

• The district governments as higher soil protection authorities

• The districts and independent cities as lower soil protection authorities