Management of Contaminated Sites and Land in Central and Eastern Europe BulgariaCountry Characterisation Background The Republic of Bulgaria covers a territory of about 111 000 km2 on the Balkan peninsula. Land use in Bulgaria resembles that in OECD Europe, with agricultural areas covering about half of the country (shared between arable and permanent crop land, and permanent grassland), and forests and wooded areas more than one third. The main causes for the soil anthropogenic contamination are atmospheric deposition and application of industrial wastes, sewage sludge, slurry, farm manure, and fertilisers. The most significant for Bulgaria is industrial pollution. Industrialisation of Bulgaria started in 1955-1965, i.e. rather later than most of European countries. Nevertheless, soil pollution with heavy metals, arsenic, oils, nuclides etc. was not avoided. At that period were constructed the main plants for ferrous and non-ferrous metallurgy, lignite coal power production, crude oil processing, large-scale chemical processing, metal processing and cement production. The heavy metal excess in Bulgarian soils is comparatively well studied. Lead, zinc, copper, arsenic and cadmium are considered to be the major pollutants, deposited on soil mainly as aerosols. About 1% of the cultivated land in Bulgaria (43660 ha) is contaminated by heavy metals above the admissible standards, of which 80% is situated in regions of operating metallurgical, machine manufacturing and energy generating plants. The concern does not arise from the percentage of contaminated land, although some of it is situated in regions of intensive agriculture and near by the biggest towns, but from the fact that it is permanently contaminated, as well as the long period needed for its regeneration and the considerable investment required for the application of remedial methods.
In Bulgaria, the ecological legislation is based on the polluter pays principle (the owner is liable for current contamination) from one side, and from the other, that at times of restitution and privatisation of property, the new owners "shall not be liable for ecological damage caused by past actions or lack of actions". These two principles lay in the basis of the Environmental Protection Law (EPL) (publ. in the Official Gazette, n. 86/1991; amend. n.90/1991; add. and correc., n.100/1992; n.31, 63/1995; n.13/1997; n.85, 86/1997) and also in other regulations. Since the end of World War II, up to 1989, Bulgarias economy was wholly state-controlled. Priority was given to industrial development. The share of the heavy industry was 64.8 per cent of the industrial production. The radical change in the Bulgarian economy started with the implementation of an ambitious, wide-ranging, supported by European and international institutions, stabilisation programme in 1990-1991, which includes reforms to restructure the Bulgarian economy. In this programme, the Law on Transformation and Privatisation of State-owned and Municipal-owned Enterprises is very important (LTPSOMOE) (publ. in the Official Gazette, n. 38/1992; amend. and add. n.51/1994, n.45, 57, 109/1995; n.42, 45, 68, 85/1996; amend. n.86/1996; n.55, 61, 89, 98,122/1997; n.39, 70, 412/1998; n.12/1999) together with the creation of the Privatisation Agency, in 1992. The industry development, the extensive agriculture and urbanisation process, led to environmental contamination, including the groundwater, soil and land pollution. Abstraction of groundwater is providing more than 70 per cent of the drinking water in the country. This determines the exceptional importance of the groundwater quality and quantity control and protection. The main groundwater contamination sources in Bulgaria are the industrial plants and mines, the urban areas, the agriculture, the stockbreeding, the waste (landfills) and others. The groundwater state in the country is controlled by the National monitoring network covered by the Regional Environmental and Water Inspectorates (REWI). The monitoring parameters of groundwater quality are: temperature, pH, alkalinity, COD (Mn), conductivity, redoxpotential, total hardness, total solids, total dissolved solids, suspended solids, main ions, ammonium, nitrite, nitrate, orthophosphate, iron, manganese and heavy metals (in some monitoring sites). In the last two years, an investigation was carried out on pesticide contents in the groundwater in the areas with intensive treating with vegetable protection substances. Legal and Administrative Basis Definition of Contaminated Sites and Land Bulgarian State Standard 17.4.1.03-88: Entry into the soil as a result of human activities of substances and living organisms, that have negative effect on the fruitfulness, productivity, and self purging of the soil, reduce the technological, alimentary, and the hygiene and sanitary value of the crops, and the quality of other natural objects. Legislation Soil protection strategy and policy in Bulgaria has not been elaborated as a separate document. Elements of soil protection strategy have been built into numerous documents of parliamentary level, government and self-government programmes, for example for the polluted areas. The following basic kinds of laws concerning the environment are promulgated in the Republic of Bulgaria: Statutes (laws) passed by the Parliament and signed by the President; regulations of the Council of Ministers, and guidelines issued by ministers. Apart from the above-mentioned normative acts, there are also rules regulating matters not settled by law. Resolutions of the Parliament on the main trends of state policy are examples of such documents. Environmental policy in the agricultural (soil protection) sector is based on legal instruments (Laws, Regulations and Acts) related to the soil protection as described in the following. According to the New Constitution of Republic of Bulgaria (State Gazette, N: 56/1991, Art. 21) "the land is a basic national wealth, that is under a special protection of the State and the Society. Arable land shall be used only for agricultural purposes. Land use changing shall be permitted only as an exclusion when such a need is proved by the rules defined in the law". These constitutional ideas are developed more widely in the special laws approved by the Parliament and signed by the President and many Decrees, Regulations and Decisions of the Council of Ministers, and Regulations and Instructions of individual Ministers. The background principles of the Bulgarian Environmental Policy is proclaimed in the Environmental Protection Law (EPL) promulgated in 86/1991 last amendment, 85, 86/1997:
The amendments of the EPL provide a new foundation for Bulgarias environmental policy, in compliance with the European legislation. In part 4 of the Law the objectives are specified, subject to Environmental Impact Assessment (EIA). The order and provision for EIA are determined by Regulation N-4 for Environmental Impact Assessment (publ. in the Official Gazette, n. 84/1998). By definition "EIA is a process for determination, analysing, assessment and taking decision about possible consequences from programmes, projects, objectives and activities and their practical alternatives, with respect to human health risk, and to environmental protection, in accordance with the operative ecological enforcement needs and regulations in the country". Subject of EIA are also the existing (working) objectives (periodically assessed, or the objectives, which are assessed because of systematic violation of the environmental needs and regulations), as well as the objectives which will be subject to privatisation or restitution in the case of supposition of ecological damages caused by previous actions, till the moment of privatisation or restitution, by the competent national body. The physical or legal entities concerned can suggest (propose) preparing of EIAs to the competent authorities. Regulation N-4 describes the procedures for EIA preparing about different objectives, the necessary documentation, the way of mandatory public hearing of the results, and the competent national bodies, which take decisions and control its implementation. In the appendixes to Regulation N-4 are enumerated in particular the common requirements for the scope and contents of the EIAs reports about different objectives. Also, the required information for the EIAs is stated. Included here are data on hydrological and hydrogeological conditions, quantitative and qualitative characteristics of the water resources - groundwater and surface water have to be considered. A review is required of contamination sources, sewage (waste) water and waste; a local monitoring plan, including the groundwater monitoring plan in the scope enterprises site; with scheme of monitoring sites; sampling frequency and the analysed parameters; the procedure for information delivering to REWI. The EIAs report includes also an approved financial providing programme (from the owner) which describes the steps for adjusting enterprises activity in compliance with the environmental regulations and needs; it requires work-schedule to attain the emission standards. "The polluter pays principle" is used. An important characterisation of the new ecological legislation is the assuming of the liability of the government (state) for proved previous pollution damages, i.e. the new owners "shall not be liable for ecological damage caused by past actions or lack of actions". In accordance with the political decisions and orientation of the Republic of Bulgaria towards the EU and international agreements, transposition of EU requirements (directives) and harmonisation of Bulgarian legislation has started. Environmental policy in the agricultural (soil protection) sector is based on the following Laws and Regulations:
In addition to this are international legal instruments. Currently Bulgaria is a party (1) or signatory (2) of the following conventions related to soil protection: (1) like a party:
(2) like a signatory:
Concerning other instruments, it is worth mentioning some government strategies and programs in force or being developed:
The waste management legislation was elaborated in the recent two years and is harmonised with the European standards. All waste disposal sites are potential polluters of the environment. At present, the National Centre of Environment and Sustainable Development (NCESD) monitors the municipal (household waste) landfills. In September 1997, the Law for Restriction of the Harmful Impact of Waste on the Environment was adopted. In 1998, ten regulations have been adopted whose provisions concern the polluted areas. The municipal administrations are responsible for the condition of the waste disposal sites. The municipalities and the Regional Inspectorates for Environment (RIs) control the sites. Implementation of Limit Values There is no separate law in the Bulgarian legislation dealing with soil, but there is a number of legislative acts and other procedure instruments concerning the management of polluted areas. Regulation No. 3 defines the norms of Admissible Contents of Hazardous Substances in the soil (SG, 36/1979, last Amendment, 54/1997). The max admissible levels for heavy metals in soil are shown in the table below.
The regulation has been implemented. In this moment, the Ministry of Environmental is preparing admissible levels for persistent organic pollutants (POPs) and Precautionary Values for heavy metals. Responsible Public Authorities The responsible governmental bodies are the Ministry of Environment and Water (National Centre of Environment and Sustainable Development), 15 Regional Inspectorates, the Ministry of Agriculture, Forestry and Agrarian Reform, and the Ministry of Health. Registration The Ministry of Environment and The Ministry of Agriculture funded a large-scale survey of all hot spots and of most of the arable land areas. As a result, soil maps of heavy metals, arsenic, and radionuclide pollution in scale 1:5.000 as well as maps of saline soils in the same scale have been made. As a result of investigations made for all territory of the country, polluted areas have been defined by type and degree of pollution. The areas are under control. The data are available in the National Centre of Environment and Sustainable Development. Also, a list of polluted areas as a result of industrial activities is available (The Regulation of The Council of Ministers N: 50/10.03.93 pub. in Gov. p. number 24/1993). Concerning waste disposal sites, in the NCESD there exists and is maintained a register of the disposal sites and the old pollution. The register is updated each year. Until 1998 there were included 307 sites. Characterisation of Soil and Groundwater Contamination Sources of Soil and Groundwater Contamination The main causes for the soil anthropogenic contamination are atmospheric deposition and application of industrial wastes, sewage sludge, slurry, farm manure, and fertilisers. The most significant for Bulgaria is industrial pollution. In some regions of the country, soils were chemically polluted as a result of trace elements and As in the soil surface layers. There are four souses of pollution as follows:
Oil contaminated soils are found around plants, oil stations and along an oil pipelines. A list of polluted areas as a result of industrial activities is available (The Regulation of the Council of Ministers N: 50/10.03.93 pub. in Gov. p. number 24/1993). It refers to heavy metals and As contaminated soils, oil contaminated soils, radionuclide pollution and degraded lands. It includes the hot spots, type and degree and source of pollution. In the area of household waste, a specialised monitoring programme of the Ministry of Environment and Water covers 250 cities and villages. In 1997, the National Centre for Environment and Sustainable Development (NCESD) collected data for 275 waste disposal sites. These sites occupy an area of 7400 ha and service 6,35 million inhabitants, which is 76% of the total population of the country. Disposed at these landfills are different kinds of waste, including hazardous waste. At present, the monitoring of the landfills covers only territorial and construction characteristics as well as the quantity of the disposed of waste. Laboratory control on the components polluting the environmental is not made. The waste disposal sites are one of the potential sources of pollution of the environment. At present in Bulgaria, investigations of the infiltrated water and gas production at these sites are not carried out for the impact of these sites, and there are no data about the pollution, which they cause. Number of Registered Contaminated Sites / Contaminated Land Areas The contaminated areas register has all the information collected during all the management stages on the potential, suspected and contaminated areas. The register includes an information file and a database (Geographical Information System).
Investigation Methods Identification of Potentially Contaminated Sites and Areas The main sources of the information are based on the following:
For waste disposal sites, a review of the disposal sites and the old pollution as well as analytical control of the infiltrated water and gas from them is expected. Investigation of Contaminated Sites and Areas The determination of previous ecological damages is made according to methods approved by the Minister of Environment and waters, and Methodological Instructions published in 1998 about the scope and content of reports on determination of the damages of previous contamination dated before privatisation. The process of making such reports involves a two-stage procedure:
Sampling during investigations is made according to ISO standard. The analysis are made according to ISO standard as follows:
The order and provisions by which the Government is going to take the liability about consequences for proved previous damages will be accepted by a regulation, which is still to be developed by the following national bodies: The Ministry of Environment and Waters, the Financial Ministry, the Ministry of agriculture and agrarian reform and the Privatisation agency. Facilities for Contaminated Soil Handling and Treatment of Excavated Contaminated Soil For soil contamination by heavy metals and other toxic substances, some experimental projects are under way, but no economically feasible measures for remediation exist. Measures Used by Remediation of Soil and Groundwater Contamination Since 1991, polluted surface soil has been replaced with cleaner soil at some sites. Complete remediation of contaminated sites would require very high expenditures over a very long period. During the last years, the activities have been focused on remediation of some of these areas (16 ha - heavy metals and 13 ha - oil products), by an original Bulgarian remediation technology. Through the NEPF and external donors, the construction of modern waste disposal sites is financed. Construction of installations for processing of waste from old pollution is made jointly between Bulgarian and foreign companies (Kremikovtsi waste piles). Financing and Liability Investigation and Remediation Activities Restitution of agricultural land to private owners has begun, raising difficult questions in relation to soil contamination. State-owned land is to be returned to its former owners, and the Government is being held liable for soil contamination caused by human activities. The Government is expected as a result to deal with: i) clean-up of soil contamination, ii) prevention of health effects from polluted crops, and iii) compensation for damage to crops caused by soil pollution. A 1993 regulation regarding restitution of agricultural land requires the Government to certify the condition of the land regarding pollution and make a recommendation as to land use when a property is returned to the former owner. An assessment system recently developed for this certification will integrate information about soil characteristics and pollution conditions. The recommendation on land use includes guidance on which crops can be grown without problems. It is recommended that the most heavily polluted land be used only for non-food crops, such as cotton. The Government does not plan to apply this system nation-wide because the necessary data and funds are lacking. As some land is contaminated due to natural sources, the Government is seeking a way to distinguish between this contamination and pollution from human activities. The next point deals with privatisation of industrial plants, where a preliminary assessment of pollution problems is required, with the condition and the cost of restoration to be reflected in the price. As major plants have not yet been privatised, however, this assessment procedure is not well established. Legal Requirements re. Polluters and Site Owners Bulgaria has addressed the issue of environmental liability for past contamination problems in the 1991 environmental protection Law. The law states that, at the time of restitution and privatisation of property, the new owners "shall not be liable for ecological damage caused by past actions or lack of actions". Procedures under this principle are still to be developed, including environmental audits to determine the extent of damage, and criteria for actions on contamination problems identified by audits. Any property to be privatised must also be evaluated for ongoing pollution and compliance with environmental requirements. The results must be provided to potential purchasers. A financing mechanism for such actions is also necessary. Whatever mechanism is developed, resources will be scarce, and attention should be focused on identifying and managing the sites that pose the most serious risk to human health. Scope of the Problem Scale of the Problem and Handling Costs A list of contaminated areas as a result of industrial activities is published in "The Regulation of The Council of Ministers N: 50/10.03.93" (pub. in Gov. p. number 24/1993) referring to the Land Ownership and Agricultural Land use Law:
The problem is that contaminated and degraded lands do not cover very large areas, but on the other hand cover the most fertile and flat lands in the country. Due to the economic conditions, arable land treated with lime is not significant. Consequently in fact, an increase of acid soil areas has started. Availability of saline land spots is a sure indicator for potential danger of their spreading and salinisation of new areas. The assessment of the pollution from waste disposal sites and the old pollution from these sites is still to be done. There were allocated funds through international co-operation amounting to 500,000 DEM. The waste management is a priority for the Ministry of Environment and Water in the environmental protection. Priority in Relation to Other Societal Problems Although the most heavily contaminated land is not supposed to be used for food production, some contaminated soil is farmed. Studies suggest that soil and food contamination with heavy metals (especially lead) is a significant public health concern. Surveys have estimated that between 1986 and 1989, children in Bulgaria received daily lead intakes well in excess of the Food and Agriculture Organisation recommendations. The extent to which this was due to soil contamination is debated, as total exposure to toxic substances and the contribution of soil contamination have not been sufficiently studied. Heavy metals can also affect crop and livestock production. The Government expresses greater concern about the damage to crop production from acidification, however, since a larger area is affected by this problem. Given the gap between the magnitude of the problem and the resources available to solve it, Bulgaria should put priority on cost-effective measures to reduce major risks to public health, the environment and crop production. Identification of significant risk should be the first step; other possible measures include reduction of industrial emissions, proper management of hazardous waste and changes in land use, including a ban on food production in heavily polluted areas. Individuals who receive contaminated land under the restitution programme are allowed to request a piece of uncontaminated land instead; this option is rarely used but could be developed. Close co-operation of environmental, health and agricultural agencies is essential to developing cost-effective policies to respond to soil contamination. Illustrative Cases The most considerable environmental problems, connected with the soil pollution with the heavy metals, are concentrated in specific regions, near industrial enterprises. For example, in the region of Pirdop there are some typical representatives of pollution sources connected to the non-ferrous metallurgy industry (e.g. the copper works) that cause direct and secondary pollution (through polluted waters). As a result of their activities, about 19247 ha are affected with heavy metals in levels exceeding the ACL. The main pollutants in that region are Cu, As, Cd, and Pb. Another pollution source from the ferrous metallurgy industry is Kremikovtzi Ltd. About 5057 ha soil in the region of Sofia is polluted at different extend mainly with Pb, Cd, Zn, and As.
The waste disposal site at Dolni Bogrov was opened without any design and preliminary preparation of the terrain. At this site, household, industrial and hazardous wastes were disposed. The water of the rivers Lesnovska and Iskar and the adjacent agricultural lands is polluted. Since 1997, the disposal of wastes site at this site was stopped. A project for the clean-up and recultivation of the site has been prepared. The waste rock piles at Kremikovtsi for the slag from processing occupy very large areas of fertile lands. There were piled large quantities of slag with high contents of Fe. A project for utilisation of the slag has been prepared. There was prepared a project for a disposal site for hazardous waste in the municipality of Dolni Dubnik for the disposal of pesticides, soil contaminated by oil products, and other hazardous wastes. The procedure for determination of contamination from previous activities (determination of previous ecological damages mentioned under the section on "Investigation of Contaminated Sites and Areas") is illustrated by an example concerning the Lead and Zinc Smelter near the city of Kurdzhali. In the examined area, the ecological damages for groundwater and soils have been investigated, and a remediation Plan-programme and a local groundwater monitoring plan have been accepted. The Supreme Environmental Experts Council approved the report on determination of damages from previous contamination. The remediation Plan-Programme includes remediation of highly contaminated and dangerous soils, constructing a drain around landfills with lead slag and zinc depositions, scrapping up contaminated soil from the plant site and storing it in existing temporary landfills, liquidation of useless buildings and equipment, making harmless 60 000t of plastic waste from lead acid batteries, and processing of accumulated until this moment a quantity of lead slag, zinc sediments and sediments from a wastewater treatment plant. The groundwater monitoring plan includes monitoring of the following parameters: pH, Pb, Cu, Zn, Cd, As, Ba, Cr, Co, Ni, Hg and Mo in 19 piezometric wells, with a sampling frequency of four times per year for 4.5 years. References Information provided by Yordanka Stoyanova at the Ministry of Environment and Water
and Ivanka Todorova at the National Centre of Environment and Sustainable Development
(NCESD) in Bulgaria. The National Centre of Environment and Sustainable Development (NCESD) in Bulgaria. June 1999. Study and Assessment of Contaminated Groundwater and Lands in Bulgaria. Memo prepared by Rossitza Gorova at the National Centre for Environment and Sustainable Development in Bulgaria. National Report for the United Nations Conference on Environment and Development Brazil (1992) (UNCED). Environment and Development of Republic Bulgaria, 1992. Sofia. Centre for Co-operation with Economies in Transition (1996). Environmental Performance Review, 1996. Centre for Co-operation with Economies in Transition, Publications Service, Paris, France, p. 166. Green Book (1996). Report of Ministry of Environment of Bulgaria, Sofia. Annual Publication for the Condition of the Environment in Bulgaria, Sofia, (1997). List of polluted Lands by Industry. Government decree N 50, March 10, 1993. State Newspaper N 24. POPIN (Population Information Network) (1999). The Demography of Countries with Economies in Transition. At gopher://gopher.undp.org/00/ungophers/popin/wdtrends. UN/ECE Statistical Division (1998). Trends in Europe and North America. 1998 Statistical Yearbook of the UN/ECE. At http://www.unece.org/stats/trend/trend_h.htm. Based on figures from 1994 1997.
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