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HELLENIC REPUBLIC
MINISTRY OF ENVIRONMENT, ENERGY AND CLIMATE CHANGE, SPECIAL SECRETARIAT FOR THE ENVIRONMENT AND ENERGY INSPECTORATE, Independent Coordination Office for the Implementation of Environmental Liability (ICOIEL) Postal address: 119 Mesogeion Ave.
101 92 Athens Info: C. Kourenti Tel.: 210 6974764 Fax: 210 6969708 E-mail: [email protected]
Athens, 26 November 2013 Ref. 518
To: 1) Permanent Representation of Greece to
the European Union - Brussels (to be sent by email, encl.) Rue Jacques De Lalaing 19-21 1040 Bruxelles, Belgique 2) Ministry of Environment, Energy and Climate Change Department of International Activities & EC Affairs (to be sent by email, encl.) 15 Amaliados Street, 115 23 Athens
Cc.: Ministry of Environment, Energy, and Climate Change (encl.)
- Office of the Minister for the Environment, Energy and Climate Change, 119 Mesogeion Ave., 101 92
- Office of the Deputy Minister for the Environment, Energy and Climate Change
- Office of the Secretary General of the Ministry of Environment, Energy and Climate Change, 17 Amaliados Street, 115 23 Athens
Subject: Report on the implementation of Directive 2004/35/EC “On environmental liability with
regard to the prevention and remedy of environmental damage” References: (a) P.D. 148/2009 “Environmental liability for the prevention and remedy of
environmental damage – Harmonisation with Directive 2004/35/EC of the European Parliament and of the Council, of 21 April 2004, on environmental damage, as currently in force” (Government Gazette, Series I, No 190) . (b) Document ref. Η.Π.54352/1745/2-10-2013 of the Department of International Activities and EEC Affairs (ref. ICOIEL 414/ 3-10-2013)
We hereby submit the Report on the implementation of Directive 2004/35/EC on Environmental Liability in Greece, as provided for in Article 18 thereof. The report contains the information and data specified in Annex VI to the Directive, and all other available information on developments and actions initiated by the competent authority (ICOIEL) for the effective implementation of environmental liability in Greece. We kindly request that you officially forward the Report to the European Commission.
The Head of ICOIEL
Stavroula Pouli Attached: Report (63 pages) Internal Distribution - Office of the Special Secretary for the Environment & Energy Inspectorate - Archives of ICOIEL
HELLENIC REPUBLIC
MINISTRY OF ENVIRONMENT, ENERGY AND CLIMATE CHANGE SPECIAL SECRETARIAT FOR THE ENVIRONMENT AND ENERGY INSPECTORATE
Independent Coordination Office for the Implementation of Environmental Liability (ICOIEL)
REPORT ON THE IMPLEMENTATION OF DIRECTIVE 2004/35/EC IN GREECE
ATHENS
OCTOBER 2013
Page 1 from 63
FOREWORD This report presents the progress of the implementation in Greece of Directive 2004/35/EC on
environmental liability with regard to the prevention and remedy of environmental damage
The purpose of the report is to record the experience gained from the implementation of
environmental liability in Greece, as provided for in Article 18 of the Directive.
The report was prepared by the Independent Coordination Office for the Implementation of
Environmental Liability (ICOIEL) of the Special Secretariat for the Environment and Energy
Inspectorate (SSEEI), of the Ministry of Environment, Energy and Climate Change, in collaboration
with the Greek Regional Committees for the Implementation of Environmental Liability (RCIEL).
Page 2 from 63
CONTENTS
Page
Explanation of Acronyms 3
1. GENERAL SECTION 5
1.1 Introduction 5
1.2 Transposition of Directive 2004/35/EC into the Greek Law 7
1.3 The bodies responsible for the implementation of Directive 2004/35/EC in Greece 8
1.4 Actions by the central competent authority (ICOIEL) for the implementation of
Directive 2004/35/EC in Greece 11
1.4.1 Cooperation and coordination of the competent authorities at central and regional level 12
1.4.2 Cooperation with competent authorities, the European Commission and other Member 16
States and with stakeholders
1.4.3 Implementation of the financial guarantee 17
1.4.4 Issues concerning the staffing - organisation - funding of the central competent authority 19
2. SPECIAL SECTION 21
2.1 Methodology used for the collection of material - information for the preparation of this
report 21
2.2 Summary presentation, analysis and interpretation of results 22
2.3 SPECIAL CASES-ASOPOS RIVER 40
2.3.1 Implementation issues of environmental liability in the area of Asopos river 42
3.1 Problems and challenges for improving the implementation of Directive
2004/35/EC in Greece 44
3.2 Targets and subsequent actions 46
ANNEXES
ANNEX I 47
Uncontrolled discharges of unknown origin
ANNEX II 51
Register of environmental liability cases in Greece - Tables
TABLE 1: Register of environmental liability cases in Greece - “closed” cases 52
TABLE 2 Register of environmental liability cases in Greece -”open” cases 53
Legislative regulations listed in Tables 1 and 2 of Annex II 61
Page 3 from 63
Explanation of Acronyms
EU European Union
YPEKA Ministry of Environment, Energy, and Climate Change
SSEEI Special Secretariat for the Environment and Energy Inspectorate
ICOIEL Independent Coordination Office for the Implementation of Environmental
Liability
HEI Hellenic Environmental Inspectorate
SES Special Environment Service (Licensing Authority of the Ministry of
Environment, Energy, and Climate Change)
Directorate for the Control of Air Pollution and Noise (EARTH) Directorate for Air
Pollution and Noise Control (Licensing Authority of the Ministry of Environment, Energy, and
Climate Change)
CIEL Committee for the Implementation of Environmental Liability (at central level)
DAA Decentralised Administration of Attica
DATCG Decentralised Administration of Thessaly and Central Greece
DAMT Decentralised Administration of Macedonia and Thrace
DAEWM Decentralised Administration of Epirus and Western Macedonia
DAPWGI Decentralised Administration of Peloponnese, Western Greece and the
Ionian
DAAE Decentralised Administration of the Aegean
DAC Decentralised Administration of Crete
S.G. Secretary General (of the relevant competent decentralised administration,
unless it refers to another administrative body)
DESP Directorate for the Environment and Spatial Planning (of the relevant
competent decentralised administration)
RCIEL Regional Committee for the Implementation of Environmental Liability (at
regional level)
KEPPE Environmental Quality Control Unit
HCMR Hellenic Centre for Marine Research
NGO Non Governmental Organisation
R.U. Regional Unit
P.G. Prefectural Government
M.U. Municipal Unit
M.C. Municipal Community
L.C. Local Community
Gaz. Government Gazette
L. Law
P.D. Presidential Decree
JMD Joint Ministerial Decision
MD Ministerial Decision
DAEC Decision on the Approval of the Environmental Conditions
Page 4 from 63
Explanation of Acronyms
par. paragraph
No number
WEEE Waste Electrical and Electronic Equipment
ELV End-of-Life Vehicles
IA Industrial Area
BP Business Park
NNR New National Road
UWDA Uncontrolled Waste Disposal Area
LS Landfill Site
m3 Cubic Metre
m metre
1000 m2 stremma
m2 square metre
km kilometre
EWC European Waste Catalogue
OPESD Operational Programme "Environment and Sustainable Development"
NSRF National Strategic Reference Framework
STAKOD Statistical Classification of Economic Activities
VAT Value Added Tax
SPA Special Protection Areas (Special Protection Areas-SPA-as defined in Directive
79/409/EEC)
SCI Sites of Community Importance (Sites of Community Importance-SCI-as defined in
Directive 92/43/EEC)
Page 5 from 63
1. GENERAL SECTION
1.1 Introduction
Directive 2004/35/EC establishes a common framework at EU level for the implementation of
environmental liability based on the "polluter pays" principle, aiming to prevent and remedy
environmental damage, caused directly or indirectly by activities involving:
protected species and natural habitats
water
soil, where contamination poses a serious risk to human health.
Environmental liability and its allocation to operators applies to environmental damage (or the
imminent threat thereof) caused by commercial activities as specified in Annex III to the Directive,
provided that there is a causal link between the activity and the damage. The framework set by the
Directive for the assumption of liability by business operators creates incentives for the prevention of
environmental damage and the adoption of preventive measures. If an imminent threat of
environmental damage is noted, and also when the damage is established, the competent authority,
as defined in the Directive, must, inter alia:
oblige the operator to take appropriate preventive or remedial measures, or
the authority shall itself take appropriate preventive or remedial measures and then recover
the cost of the measures from the operator.
Finally, cases which are exempt from environmental liability under Annex IV to the Directive (e.g.
cases of armed conflict, cases falling within the scope of international conventions such as the 1992
Convention on Civil Liability for Oil Pollution Damage, national defence, etc.) are expressly provided
for, along with the time limits for implementation (the Directive applies to damage caused by activities
that took place after 1 May, 2007).
rrrr
This report is submitted in accordance with Article 18 of the Directive whereby Member States are
required to report to the European Commission on the experience gained from the implementation of
environmental liability, for the first time in 2013. The reports include information and data specified in
Annex VI to the Directive.
The report has the following aims:
to present the steps taken by Greece to incorporate Directive 2004/35/EC since national
legislation was harmonised with it in 2009, the establishment of the competent authorities for
supervision and implementation, the provision of guidance from the monitoring authority for
effective functioning of the mechanisms, under the provisions of the Directive;
the application of Article 18 and Annex VI, namely the declaration of environmental liability
cases in Greece (with analysis / statistical processing of results and information, and
conclusions drawn) from the time the Directive came into force, detailing the following:
o Type of environmental damage, date of occurrence and/or discovery of the damage,
and date on which the environmental liability proceedings were initiated under P.D.
148/2009, as in force;
o Activity classification code of the liable individual or legal entity (STAKOD code for
Page 6 from 63
activities for which this code can be provided)
o If there is a judicial appeal either by the liable parties or by official bodies (with details
on the type of claimants and the outcome of the proceedings);
o Result of the restoration process;
Page 7 from 63
o Completion date of the process;
the highlighting of problems encountered during the implementation of the Directive (specific
provisions and/or in its entirety);
information on the next steps the central competent authority plans to take;
the presentation of specific issues arising during the implementation.
1.2 Transposition of Directive 2004/35/EC into the Greek Law
Directive 2004/35/EC was transposed into Greek law by Presidential Decree 148/2009
(Government Gazette, Series I, No 190/2009) “Environmental liability for the prevention and remedy
of environmental damage – Transposing Directive 2004/35/EC of the European Parliament and of the
Council, of 21 April 2004, on environmental damage, as currently in force”.
Presidential Decree1 148/2009 makes explicit reference to the correspondences between its articles
and the articles of Directive 2004/35/EC. The Annexes to the Directive were annexed to Article 21 of
the Decree.
P.D. 148/2009 was subsequently amended/supplemented with the following legislation:
• Joint Ministerial Decision (JMD) 39624/2209/E103/2009 (Government Gazette, Series II, No
2076/2009) which incorporated Directive 2006/21/EC on the management of waste extractive
industries and amending Directive 2004/35/EC, which refers to an addendum to Annex III of the
Presidential Decree;
• Law 4014/2011 (Government Gazette, Series I, No 209/2011) for the "Environmental
authorisation for works and activities... and other provisions " within the competence of the
Ministry of Environment. The amendments concerning P.D. 148/2009 are included in Article 22 of
the said Law and refer to issues concerning the administrative organisation and implementation of
financial guarantee;
1 Presidential Decree, hereinafter “P.D.”
Page 8 from 63
• JMD IP 48416/2037/E.103/2011 (Government Gazette, Series II, No 2516/2011) on the
”geological storage of carbon dioxide - amending P.D. 148/2009”. The amendments pertaining to
P.D. 148/2009 are included in Article 31 of the said JMD which pertains to an addendum to Annex
III of the Presidential Decree.
1.3 The bodies responsible for the implementation of Directive 2004/35/EC in Greece
A. Central level
According to the provisions of Article 6 of P.D. 148/2009 (Article 11 of the Directive), the Ministry of
Environment, Energy, and Climate Change (former Ministry of Environment , Physical Planning and
Public Works), and in particular the Independent Coordination Office for the Implementation of
Environmental Liability (ICOIEL), supported by the Committee for the Implementation of
Environmental Liability (CIEL), was centrally appointed as the competent agency for the
implementation of environmental liability. The Independent Coordination Office for the Implementation
of Environmental Liability and the Committee for the Implementation of Environmental Liability are
based in Athens.
The Independent Coordination Office for the Implementation of Environmental Liability, according to
Article 6 of Law 3818/2010 (Government Gazette, Series I, 2010), reports to the Special Secretariat
for the Environment and Energy Inspectorate (SSEEI), which is a single administrative division of the
Ministry of Environment, Energy, and Climate Change, with key areas of responsibility the prevention
and remedy of environmental damage from pollution, the supervising and monitoring of the
implementation of the environmental, urban planning and energy law and policy of Greece, as well as
the compliance, at a central, regional and local government level, and the coordination of the actions
of the competent agencies.
Specifically, the following Agencies report to the Special Secretariat for the Environment and Energy
Inspectorate:
• Independent Coordination Office for the Implementation of Environmental Liability (ICOIEL),
which is supported by the Committee for the Implementation of Environmental Liability.
• Hellenic Environmental Inspectorate (HEI). The Hellenic Environmental Inspectorate was
established under Article 9 of Law 2947/2001 (Government Gazette, Series I, No 228/2001) and
P.D. 165/2003 (Government Gazette, Series I, No 137/2003) and provides substantial assistance
to the Independent Coordination Office for the Implementation of Environmental Liability (ICOIEL)
because of its auditing role concerning: (a) the examination and acceptance (or not) of requests
for action remedying environmental damage made by legal or natural persons; (b) the
identification of the responsible operators as provided for in Article 13 of P.D. 148/2009 (Articles
12 and 13 of the Directive); and (c) in cooperation with ICOIEL, the imposition of administrative
sanctions in cases where operators do not comply with the decisions taken to remedy damage
(P.D. 148/2009, Article 17).
Page 9 from 63
The Office for the Inspection and Demolition of Illegal Constructions also reports to HEI.
• Hellenic Building and Energy Inspectorate (HBEI).
CHART 1: SSEEI ORGANISATION CHART
SSEEI
SPECIAL SECRETARIAT FOR THE ENVIRONMENT AND
ENERGY INSPECTORATE
HEI
HELLENIC ENVIRONMENTAL INSPECTORATE
ICOIEL
INDEPENDENT COORDINATING OFFICE
FOR THE IMPLEMENTATION OF ENVIRONMENTAL
LIABILITY
HEBI
HELLENIC ENERGY & BUILDING INSPECTORATE
OIDOC
OFFICE FOR THE INSPECTION & DEMOLITION OF ILLEGAL
CONSTRUCTIONS
HEI
HELLENIC ENERGY INSPECTORATE
HBEI
HELLENIC BUILDING INSPECTORATE
Page 10 from 63
B. Regional level
At regional level, the competent authorities are the Decentralised Administrations (which were
established by Law 3852/2010, Government Gazette, Series I, No 87/2010), and in particular the
Regional Committees for the Implementation of Environmental Liability (RCIEL), which are
established in each region of the country, by decision of the Secretary-General of the Decentralised
Administration, with a scientific and advisory role in determining the remedial measures. Action is
decided on by the Secretaries-General of the Decentralised Administrations, after taking into account
the suggestions of RCIEL. A total of thirteen (13) RCIEL, which have been established and cover the
entire country are based at the respective headquarters of the Regions of Greece, with territorial
competence coinciding with the administrative boundaries of the respective Region, and in particular:
RCIEL of Attica based in Athens, reporting to the Secretary-General (SG) of the
Decentralised Administration of Attica (DAA).
RCIEL of Thessaly based in Larissa, and RCIEL of Central Greece based in Lamia, reporting
to the Secretary-General of the Decentralised Administration of Thessaly and Central Greece
(DATCG))
RCIEL of Eastern Macedonia and Thrace based in Komotini, and RCIEL of Central
Macedonia based in Thessaloniki, reporting to the Secretary-General of the Decentralised
Administration of Macedonia andThrace (DAMT).
RCIEL of Epirus based in Ioannina, and RCIEL of Western Macedonia based in Kozani,
reporting to the Secretary-General of the Decentralised Administration of Epirus and Western
Macedonia (DAEWM)
RCIEL of Peloponnese based in Tripoli, RCIEL of Western Greece based in Patras, and
RCIEL of the Ionian Islands based in Corfu, reporting to the Secretary-General of the
Decentralised Administration of Peloponnese, Western Greece and the Ionian (DAPWGI)
RCIEL of the North Aegean based in Mytilini, and RCIEL of the South Aegean based in
Ermoupoli, reporting to the Secretary-General of the Decentralised Administration of the
Aegean (DAAE).
Page 11 from 63
RCIEL of Crete based in Heraklion, reporting to the Secretary-General of the Decentralised
Administration of Crete (DAC).
1.4 Measures taken by the central competent authority (ICOIEL) to implement Directive
2004/35/EC in Greece
ICOIEL as a central institution reporting to SSEEI, has the following responsibilities (Article 6 of P.D.
148/2009):
It supervises and monitors the implementation of the provisions of P.D. 148/2009,
coordinating the actions of the competent authorities at regional level, and the jointly
competent agencies which are involved in matters related to the application of environmental
liability.
As the competent authority, it advises the Minister for the Environment, Energy and Climate
Change on steps to be taken and measures for prevention and/or remedy, in cases where the
damage or imminent threat of damage affects natural resources or services of national
importance, the protection and/or management of which lies within the responsibility of a
public authority, or when it affects natural recipients or services that extend over the
administrative boundaries of more than one Region, or the territory of other neighbouring
Member States. For damage or imminent threat of damage that affects natural resources or
services which do not fall within the above cases, the role of the competent authority is
assumed by the respective Decentralised Administration through the RCIEL.
It cooperates with the competent authorities of other Member States and the European
Commission for the implementation of environmental liability across borders.
It cooperates with scientific institutions nationally and abroad to collect scientific or other
information on issues of prevention and remedy of environmental damage.
It offers its opinion to the Minister for the Environment, Energy and Climate Change on issues
concerning the implementation of financial guarantee (Article 14 of P.D. 148/2009).
It monitors the progress of the implementation of preventive and remedial measures.
Page 12 from 63
It ensures the preparation of the reports which are required by Article 20 of P.D. 148/2009
(Article 18 of the Directive).
In the context of its responsibilities, ICOIEL has to date taken the following action and measures:
1.4.1 Cooperation and coordination of the competent authorities at central and regional level
The ICOIEL issued Circular 65/2011 (Internet Posting Number: 45700 - ΔΡ62), “. for the cooperation
and coordination of the competent authorities on matters concerning the implementation of P.D.
148/2009 on environmental liability for the prevention and remedy of environmental damage”. That
Circular clearly describes the responsibilities of the ICOIEL and RCIEL, and defines the framework for
the cooperation of those agencies with the HEI. The clarifications provided in the Circular include the
following:
Where the Hellenic Environmental Inspectorate accepts a request for action (by natural or
legal persons), the request should be accompanied by the information needed to locate and
identify the operator causing the environmental damage (through inspection and on-the-spot
check), and all relevant data should be duly communicated to the ICOIEL or the relevant
RCIEL, in order to proceed with the allocation of environmental liability.
In cases of complaints, after the examination of which it has been ascertained that there is
environmental damage but the responsible operator has not been identified, the decision of
the General Inspector is forwarded to the corresponding competent authority in order for it to
take action.
2 http://static.diavgeia.gov.gr/doc/45700-%CE%94%CE%A16
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In cases where it is established during environmental inspection that there is a threat of
environmental damage or imminent environmental damage, both the HEI and the competent
audit authorities should specifically ask the operator not only to bring his activities in line
approved environmental condition, but also to take any additional measures for prevention
and remedy of environmental damage, according to P.D. 148/2009, under the supervision of
the competent authority, where appropriate.
Whenever an inspection by the competent agencies determines that an activity causes
environmental damage or may cause (threat of) environmental damage, and if for that
particular activity there is an ongoing environmental licensing procedure (renewal or
modification of environmental conditions), the relevant competent authority in each case shall
immediately inform the licensing authority, in order to address the issue through the Decisions
on the Approval of Environmental Conditions (DAEC), specifying both the obligation to take
preventive and remedial measures within a specified and reasonable time-frame and the
appropriate measures.
At the central level, the ICOIEL issued a decision establishing the Committee for the Implementation
of Environmental Liability (CIEL), which was established by Decision No 73/2012 of the Minister for
the Environment, Energy and Climate Change (Internet Posting Number: B44Y0- 8Θ03), according to
the provisions of Article 6(5) of P.D. 148/2009. The CIEL supports the work of the ICOIEL, offers
suggestions and provides directions on issues relating to:
how to address environmental damage (or potential threat of environmental damage) in soil,
water and protected species / natural habitats, in order for the ICOIEL to propose appropriate
preventive and remedial measures to the Minister for the Environment, Energy and Climate
Change;
3 http://static.diavgeia.gov.gr/doc/%CE%9244%CE%A50-8%CE%980
Page 14 from 63
the financial evaluation of environmental damage;
the allocation of the costs of prevention and remedy in case of more than one responsible
operators;
the implementation of the financial guarantee system;
the addressing of implementation issues of environmental liability in areas of high
environmental risk (see Section 3.2 Targets and subsequent actions of this report, page 46).
The CIEL is convened by its Chairman, following a recommendation by the ICOIEL. As members of
CIEL they have been appointed representatives of the competent Environmental Agencies of the
Ministry of Environment, Energy, and Climate Change relevant in each case, and the Ministries of
Finance, Rural Development & Food, Infrastructure - Transport and Networks, Health, Culture &
Sports, Marine & the Aegean, if, in a particular case, they are involved in matters related to the
application of P.D. 148/2009. Additionally, the CIEL also includes representatives of other relevant
bodies from the public sector, scientific bodies, institutions or organisations, such as the Technical
Chamber of Greece (TCG), the Hellenic Federation of Enterprises (HFE), the Greek Mining
Enterprises Association (GMEA), the Greek Biotope/Wetland Centre (GVWC), the Hellenic
Association of Insurance Companies, and representatives of Environmental Organisations, as
appropriate in each case, since it was considered that “enlargement of the composition of CIEL with
other members, including the aforementioned groups, will offer substantial aid in its work” (Article
6(5)e of P.D. 148/2009).
Moreover, the ICOIEL supervises and assists the work of the Regional Committees for the
Implementation of Environmental Liability (RCIEL), monitors the work of the RCIEL and directs their
actions if it deems that this is appropriate and/or upon request, based on compliance with the
provisions of P.D. 148/2009, and also based on the faster execution of procedures, especially in
cases involving serious environmental risks and where the immediate response of all competent
agencies becomes imperative. The supportive function of the ICOIEL so far involves the provision of
written explanations and recommendations (a) of a general nature and (b) specific to each case
separately, as these cases are presented in Appendix I of this report.
Page 15 from 63
The RCIEL, as mentioned above, are established by decision of the relevant Secretary General, and
their appointed members are representatives of the Directorates of Environment and Spatial Planning
(DESP) and Water Directorates and of any other relevant in regional agencies if such agencies are
involved in matters concerning the application of P.D. 148/2009 due to their jurisdiction. The same
decision determines the manner and procedure of making decisions, the operation of the RCIEL and
all necessary details for the completion of their work. In this regard and for the concerted operation of
the RCIEL, in order to support the proper implementation of P.D. 148/2009 and also in order to
achieve the necessary coordination with the Central Agency (ICOIEL), the SSEEI determined, with
document ref. 1724/2010, on "Operating Rules of the Regional Committees for the Implementation of
Environmental Liability (RCIEL) and other issues," the general operating framework which has been
adopted and which facilitates the operation of the RCIEL. Moreover, the competent regional
authorities were asked to ensure that:
a special code is entered in their annual budget, for any cases of restoration of environmental
damage which arise and which fall within the scope of the application of P.D. 148/2009;
they gather data demonstrating the situation of the environment at regional level;
they identify the need for studies and recommend the necessary financing through the
Regional Operational Programmes under the NSRF;
they inform the ICOIEL at regular intervals, not less than six (6) months, on cases for which
they have begun procedures according to P.D. 148/2009 and the state of implementation of
preventive and remedial measures.
Page 16 from 63
The RCIEL inform the ICOIEL about all their activities regarding cases of environmental liability within
their geographical and administrative competence (such as minutes of meetings, advice to the
corresponding Secretaries General concerning measures for the prevention and remedy of
environmental damage, and the corresponding Decisions of the Secretaries General, in situ reports,
and findings from compliance checks carried out on the activities of operators under this obligation,
expenditure approvals for action, partnerships with other competent local agencies and bodies, etc.).
These data are collected in the relevant register which is maintained by the ICOIEL.
1-4.2 Cooperation with the competent authorities, the European Commission and other
Member States, and with other bodies involved
The ICOIEL organised and / or participated in the following events organised in Brussels and Athens,
for maximum penetration of the implementation of Directive 2004/35/EC:
Participation in the biannual meetings of national experts from Member States organised
by the European Commission;
Bilateral cooperation in Brussels (November 2011) with representatives of the European
Commission;
Bilateral cooperation in Athens (December 2011) with representatives of the European
Commission, officials and representatives from the insurance and banking sector;
A two-day workshop in Athens (January 2012), on the implementation of the Directive on
environmental liability, with the distribution of information material and the participation of
representatives from the European Commission and EU Member States, competent
Agencies and stakeholders: representatives of the Hellenic Federation of Enterprises,
insurance companies, experts, non-governmental organisations (NGOs), etc.;
Page 17 from 63
Workshop & Open Consultation in Athens (February 2012), on the progress of the
“Program of Integrated Management of the Environmental Crisis in the Asopos River" (See
Section 2.3 Special Cases - Asopos of this report, page 40), with the participation of
representatives from the ministries, the local Decentralised Administration of Thessaly &
Central Greece and the Region of Central Greece, municipalities and businesses in the
region, universities and NGOs which are active in the region.
1.4.3 Implementation of the financial guarantee
Financial security (Article 14 of P.D. 148/2009) is mandatory for the operators of Annex III of P.D.
148/2009. Article 22(7) of Law 4014/2011 (Government Gazette, Series I, No 209/2011), which
partially amends Article 14 of P.D. 148/2009 (see also Section 1.2. Transposition of Directive
2004/35/EC into the Greek legislation of this report, p. 6) provides for the issuance of a Joint
Ministerial Decision by the Minister for the Environment, Energy & Climate Change and the Minister
for Finance and Development - Competitiveness, which will determine the type and amount of the
financial guarantee for the activities of Annex III of P.D. 148/2009, taking into account the type of
activity, the severity of any possible contamination and the environmental impact of this on the soil,
water and protected species / natural habitats, the degree of the risk of occurrence of environmental
damage and every other detail.
A working group for the issuance of this Joint Ministerial Decision was established at the Ministry of
Environment, Energy, and Climate Change, with the participation of all stakeholders (Hellenic Bank
Association, Hellenic Association of Insurance Companies, Hellenic Federation of Enterprises).
The main points of the draft Joint Ministerial Decision include:
The operator of the professional activities in Annex III of P.D. 148/2009, as the party bearing
the main financial responsibility for taking preventive and/or remedial measures for the
environmental damage and to cover their liability, shall make use of financial instruments
(private insurance and/or other forms of financial guarantees) through appropriate economic
and financial organisations.
The operator shall ensure that the financial guarantee, or a combination of different types of
financial securities that they select, achieves the fullest possible coverage for the remedy of
potential environmental damage.
The risks covered by the financial guarantee shall include at least the restoration costs for
environmental damage to soil and water.
The activities listed in Annex III of P.D. 148/2009 shall be covered by a compulsory insurance
scheme and, in order to determine the amount of insurance coverage, three main categories
of risk are established, in proportion to the classification of activities of Law 4014/2011 on
environmental licensing. For classification in the three main categories of environmental
damage (high risk, medium risk and low risk), and the identification of the appropriate amount
of insurance, the following criteria are taken into account:
o characterisation as to the location of the activity such as: land uses - protection zones,
Page 18 from 63
distance from the body of water, type and volume of waste, methods of waste
treatment, waste monitoring indicators, impact on public health, risk of expansion -
diffusion and dispersion of pollutants;
o characterisation as to the operating risks of the activity such as: compliance with DAEC
terms, implementing a prevention policy, existence of a contingency plan, quality
management/environmental protection system, history of infringements, damage
causing factors, possible types of damage, likely extent and intensity of damage, cost
of remedial measures for the optimal remedial method.
The Draft Joint Ministerial Decision will be made available for consultation on the opengov website.
Page 19 from 63
In addition, according to Article 14(3) of P.D. 148/2009, for those activities that are listed in Annex III
for which a system of compulsory financial guarantee was already established before the enactment
of the Presidential Decree (in the form of private insurance and other forms of financial guarantees)
for their legitimate exercise, such as for example waste management operations, these activities
remain under the said financial guarantee scheme after the entry into force of the Decree.
1.4.4 Issues concerning the staffing - organisation - funding of the central competent
authority
The ICOIEL is staffed by officials of the Ministry of Environment, Energy, and Climate Change or
officials seconded to it from other Agencies of the Ministry or other ministries and public sector bodies.
At the current stage, the ICOIEL occupies 6 staff of which:
Two (2) are specialists in the Environment;
Two (2) are specialist geotechnical engineers;
One (1) is a specialist in administration-economics; and
One (1) provides secretarial support to the Agency.
Moreover, for the proper functioning and support of the work of the Agency, funding (start-up) from the
Operational Programme "Environment and Sustainable Development" (OPESD - Priority 10), which
forms part of the National Strategic Reference Framework (NSRF 2007-2013) has been approved.
The approved activities include conducting in situ inspections to determine an imminent threat or the
causing of environmental damage, organising seminars/one-day seminars to raise the awareness of
target groups and the public, training staff, financing studies for environmental risk assessments,
performing environmental sample analyses, meeting operational needs, and developing methods to
improve administrative procedures concerning the implementation of environmental liability.
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The studies prepared by the ICOIEL, aim to create the appropriate tools for environmental damage
assessment and the selection of the appropriate remedial measures, and in particular:
1. Study on the "Development and determination of the methodology and the minimum standards for
the content of studies determining the measures to prevent the expansion of environmental
damage and remedial studies of environmental damage caused by activities listed in Annex III of
P.D. 148/2009 for Environmental Liability"
2. Study for the determination of the "initial state" of soil, water and protected species / natural
habitats for:
(a) the determination of the initial state parameters ;
(b) the development-interface with IT platform-Database
3. Study on the application of environmental liability with regard to the determination of
(a) preventive measures;
(b) remedial measures (primary, supplementary, replacement);
(c) compliance and administrative sanctions - fines;
(d) the development of an IT application for decision making.
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2. SPECIAL SECTION
2.1 Methodology used for the collection of material - information for the preparation of this
report
The information recorded in this report was collected from two main sources:
1) The ICOIEL archives, to which requests for action as part of the environmental liability
scheme are submitted and from which they are announced;
2) The data collected from the Decentralised Administrations, following a written request4 by
the ICOIEL. The document was accompanied by the electronic delivery of a standard
form (in Excel), for recording the information:
(a) as provided for in Annex VI of Article 21 of P.D. 148/2009;
(b) as proposed in the supplementary instructions issued by the European Commission
in July 2012 (02.07.2012) on the structure and content of the report.
All the Decentralised Administrations responded through their competent agencies (Directorates for
the Environment & Spatial Planning and RCIEL), and returned the completed Excel files to the ICOIEL
in electronic form, with updated information on cases of environmental liability which they had handled
due to their geographical jurisdiction.
The evaluation, final configuration and statistical processing of the data was completed by the
ICOIEL.
Below is a summary of the cases, and the analysis and interpretation of the results. More details
about the cases are listed in Tables 1 & 2, in Annex II of this report.
4 Document Ref. 12/11.01.2013 on the ”Collection of data for the preparation of a report to the
European Commission concerning the implementation of P.D. 148/2009 in Greece, according to Article 20 thereof”
Page 22 from 63
2.2 Summary presentation, analysis and interpretation of results
In Greece, 52 cases which were handled according to P.D. 148/2009 on environmental liability
and according to the requirements of Directive 2004/35/EC, have been submitted and recorded so far,
and these are divided into (Chart 2):
closed (17%)
partially open - Ongoing implementation of remedial measures (21%)
open (60%)
under investigation -check for inclusion or not under the Directive (2%).
CLOSED
OPEN (PENDING RECOMMENDATION OF MEASURES/COMPLIANCE WITH MEASURES/NOTIFICATION FOR THE IMPLEMENTATION PHASE OF MEASURES)
PARTIALLY OPEN (REMEDIAL - IMPLEMENTATION OF MEASURES IN PROGRESS)
UNDER INVESTIGATION (FOR INCLUSION UNDER
THE DIRECTIVE)
CHART 2: "CLOSED" AND "OPEN" CASES
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Geographically, the cases ("closed" and "open") are distributed among the regions of Greece as
follows:
REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE -
BREAKDOWN BY REGION
REGION TOTAL
CASES “CLOSED” “OPEN”
Attica 4 1 3
Central Greece 25 5 20
Thessaly 1 0 1
Central Macedonia 3 0 3
Eastern Macedonia -
Thrace 2 2 0
Epirus 1 1 0
Western Greece 3 0 3
Peloponnese 5 0 5
Ionian 1 0 1
Northern Aegean 2 0 2
Southern Aegean 2 0 2
Crete 3 0 3
TOTAL 52 9 43
It is noteworthy that twenty five (25) cases, which account for 48% of all cases, concern activities
which are located in the Central Greece Region, one of the major industrial areas of Greece (Chart 3).
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A. Closed Cases
There are nine (9)“closed” cases, for which preventive/remedial measures have been completed, they
account for 17% of all cases and are presented in detail in Table 1 of Annex II.
The main information on “closed cases” is summarised in the box below:
“OPEN” CASES
“CLOSED” CASES
Attica Central Greece
Thessaly
Central Macedonia
Eastern Macedonia - Thrace
Epirus
Western Greece
Peloponnese
Ionian Northern Aegean
Southern Aegean
Crete
CHART 3: GEOGRAPHICAL DISTRIBUTION OF CASES
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Ref. “CLOSED” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
1. AT/1 On 06.10.2010, leakage into the soil from 25 tonnes of stored chemical waste was
found on the grounds of an abandoned plant in Athens, which had manufactured
sealing and insulating materials. The operator had gone bankrupt. The SSEEI
ordered the site to be secured and sealed and at the same time it informed the
official receiver. The Secretary General of the Decentralised Administration issued
decisions for the implementation of remedial measures (collection and removal of
materials and any contaminated soil by a duly licensed operator, at the expense of
the Municipality of Athens). The remedial measures were completed. Information
about cost recovery is anticipated.
2. ΣΤ/5 On 10.11.2010, soil contaminated with mineral oils from a storage tank was found, at
a power plant, in Evia. The Secretary General of the Decentralised Administration
issued a decision for the implementation of remedial - restoration measures
(bioremedial with in situ application). The remedial measures were completed.
3. ΣΤ/3 On 15.06.2010, an IMMINENT THREAT of soil damage was found, as a result of the
disposal of treated liquid waste into septic tanks, at a galvanising & metallic
structures plant, in Viotia. The subsurface disposal of waste was stopped. The
Secretary General of the Decentralised Administration issued a decision for the
implementation of preventive and remedial measures (opening of septic tanks and
removal of any water and sludge from their bottom, management of their waste by a
licensed operator, sealing of the exits of the piping leading to the septic tanks with
concrete, filling up of the septic tanks with appropriate material and resealing). The
remedial measures were completed.
4. ΣΤ/7 On 17.12.2010, soil polluted with mineral oils was found at a construction equipment
warehouse in Viotia. The Secretary General of the Decentralised Administration
issued a decision for the implementation of preventive measures (removal of the
surface layer and submission of a potential pollution assessment study). The
Decision decreed, as a precautionary measure, the periodic sampling and analysis of
borehole water. The remedial measures were completed.
5. ΣΤ/8 On 20.12.2010, soil polluted with mineral oils was found at a shipyard, in Evia. The
Secretary General of the Decentralised Administration issued a decision for the
implementation of remedial - restoration measures (removal of contaminated soil and
restoration/filling up of the site). The remedial measures were completed.
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Ref. “CLOSED” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
6. ΣΤ/10 On 20.01.2011, an IMMINENT THREAT of soil damage was found, due to the
disposal of hazardous waste in septic tanks at a metal working plant, in Viotia. The
Secretary General of the Decentralised Administration issued a decision for the
implementation of preventive and remedial measures (modification of the method of
waste management, sealing of septic tanks after the removal of sludge and any
water, and filling-up of the septic tanks with inert material). The remedial measures
were completed.
7. ΘΡ/1 On 22.06.2010, an IMMINENT THREAT of soil and water damage was identified due
to emissions following a fire at an outdoor used car tires storage site, in the Region
of Drama. The following direct and urgent measures were imposed: a ban on free
grazing and the consumption of raw milk and meat, the compulsory stabling of the
animals in the surveillance zone, the covering-up (backfills) of combustion residues
with the laying of concrete and earth materials (soil), in two phases. The costs were
partially covered by the State (putting out the fire). The backfill was completed and a
written assessment report of the pollution was prepared. No pollutants were detected
in the soil or in the water. The possibility of retesting with new samplings, as well as
the continuous monitoring over time of the groundwater status are under
examination. The remedial measures were completed.
8. ΘΡ/2 On 26.07.2011, an IMMINENT THREAT of soil and water damage was found, due to
emissions after a fire at a compound & flexible packaging materials printing factory,
in the Industrial Area (IA) of Komotini. In a letter, the relevant Directorate for the
Environment and Area Planning of the Decentralised Administration of Macedonia &
Thrace, requested the construction of a trench for the collection of water for fire-
fighting purposes, the collection-compacting of scrap and the removal of combustion
residues by licensed operators. A remedial study was prepared. No pollutants were
detected in the soil or in the water. The remedial measures were completed.
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Ref. “CLOSED” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
9. ΗΠ/1 On 17.06.2010, pollution of slopes, soil and water was found, due to the leakage of
fuel oil into the river Arachthos in Arta, from a fuel storage tank at an abandoned
juice plant. Given the urgent nature of the incident, and at the suggestion of
Secretary General of the Region, the Deputy Minister for Finance issued a Decision
for the approval of funding from the Public Investments Programme (PIP), for: the
cleaning of the river, slopes and soil, the interruption of the flow of the river at the
POURNARI II dam, the dismantling and sealing of pipelines and canals, temporary
overlays in the riverbed with greenhouse nylon and quarry sand, the removal of
contaminated materials by a licensed operator, as well as the monitoring of water,
soil, organisms and agricultural products, and, finally, the noting of any plants near
the aquatic ecosystems of the region. The remedial measures were successfully
completed. The competent RCIEL is in the process of recovering the costs.
B. Cases which are Partially Open - Open - Under Investigation For Inclusion
There are forty three (43) ‘open cases’, which are listed in Table 2 of Annex II, and consist of:
Partially open cases, eleven (11) in total, account for 21% of all cases, for which the
preventive/remedial measures are already implemented and are in the process of completion.
Open Cases, thirty-one (31) in total, account for 60% of all cases, with the following
procedures pending, depending on each case: (a) the submission of data (studies,
documents, etc.) to the competent authorities by the operators ; or (b) the evaluation of the
submitted data for the issue of final recommendations/Decisions; or (c) the communication of
information to the central competent authority concerning the progress of implementation of
the measures, and/or concerning the compliance of the operators (e.g., if remedy is in
progress, or if the time tables set out in the Decisions are observed, any problems
encountered, etc.).
Finally, one case (accounting for 2%, Ref. Ν.ΑΙΓ./2) is under consideration for inclusion (or
not) under P.D. 148 /2009, where the causing of environmental damage has not been
established due to lack of evidence. However, in this case too, the local authorities have
already have taken the necessary preventive measures to reduce pollution and safeguard
public health.
Specifically:
Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
Page 28 from 63
1. AT/2 On 07.10.2010, soil contamination and an IMMINENT THREAT of water
damage (risk of pollution caused by nitrates in groundwater and surface
water) were found, due to the uncontrolled dumping of liquid manure from a
poultry farm in western Attica. A study of possible remedial measures was
requested and this information is still pending.
2. AT/3 On 22.06.2011, a leakage of tarry material in the soil from plastic/metal
drums/containers and IBC tanks with chemical residues (mineral oils, oily
liquids, concentrated acids, acidic solutions, aggregates) was found, at an
illegal junkyard in western Attica. It was requested from HEI to immediately
seal the facility, to remove the materials and to submit a decontamination-
remedial plan for the site. The facility was sealed, and there was partial
removal of hazardous materials. Information on the removal of the remaining
material of unknown chemical composition is pending.
3. AT/4 On 04.10.2011, soil contamination and an IMMINENT THREAT of damage to
the underground aquifer were found, due to the uncontrolled dumping of non-
hazardous and potentially hazardous waste in a former uncontrolled waste
disposal area in eastern Attica. The SSEEI ordered the prevention of
unauthorised access, the securing of the site and appropriate arrangements
for the rainwater. The RCIEL of Attica has yet to issue its decision on the
remedial measures to be taken.
4. ΣΤ/1 On 21.10.2009, uncontrolled hazardous solid waste management and soil
pollution due to shoddy outdoor storage were found, at an aluminum foundry,
in Evia. The business was temporarily shut down. The submission of a
remedial study was required, with no response from the operator. A new in
situ inspection and the referral of the case to the RCIEL of Central Greece are
pending.
5. ΣΤ/2 On 06.05.2010, soil pollution by mineral oils was found during the
construction of a building, in Evia. An update is anticipated on the steps taken
by the Directorate of Environment and Spatial Planning (DESP) of Central
Greece and the Region of Evia.
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Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
6. ΣΤ/6 On 04.12.2010, soil pollution and an IMMINENT THREAT of damage to
water were found, due to the uncontrolled dumping of hazardous waste at an
outdoor site without a rainwater collection network, with the waste flowing
uncontrollably into the soil, at a batteries and cathodic protection anodes
manufacturing and recycling plant, in Viotia. A Decision was issued by the
S.G. for the implementation of preventive measures and the preparation of a
remedial study. Some of the waste (lead slag) has been moved inside the
industrial building. The operator is expected to take action, following
recommendations from the DESP of Central Greece.
7. ΣΤ/9 On 14.01.2011, soil and water damage was found, due to the presence of
solid and liquid waste in the soil and within the lake Yliki exclusion zone, at a
plant packaging carrots and onions, in Viotia. The operation was shutdown.
The Secretary General of the Devolved Administration issued two decisions
for the implementation of preventive and remedial measures and for
additional remedial measures. An update is anticipated on the progress of the
implementation of the measures in the second decision.
8.ΣΤ/11 On 23.03.2011, an IMMINENT THREAT of soil and water damage was found
due to the dumping of solid and liquid waste into the soil at a paper mill, in
Fthiotida. The Secretary General of the Decentralised Administration issued a
decision for the implementation of preventive and remedial measures. There
was no response from the operator. The file has been sent to HEI for the
imposition of sanctions.
9. ΣΤ/12 On 26.04.2011, soil damage was found, caused by two aggregate quarries,
in Fthiotida. The Secretary General of the Decentralised Administration
issued a decision for the implementation of remedial measures. Remedial
work has already started and information concerning the progress of the
implementation of pending measures is anticipated.
10. ΣΤ/14 On 10.05.2011, soil pollution from mineral oils (waste lubricating oils - WLO)
was found at a mineral oil regeneration, grease production, and slops
processing plant, in Viotia. The Secretary General of the Decentralised
Administration issued a decision for the implementation of remedial-
restorative measures. An update on the progress of the implementation of the
measures is anticipated.
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Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
11. ΣΤ/15 On 27.05.2011, soil damage and an IMMINENT THREAT of groundwater
damage were found, as a result of historical dumping of powders at three (3)
uncontrolled waste disposal areas around the grounds of a metalworking
complex, in Fthiotida. The Secretary General of the Decentralised
Administration issued a Decision for the implementation of remedial-
restorative measures. Remedial work has already begun and an updated
time table of the implementation of pending measures is anticipated.
12. ΣΤ/16 On 13.06.2011, soil and water damage (diversion of a stream bed) was
found, due to uncontrolled dumping from the operation of a borrow pit for
highway projects, in Fthiotida. The Secretary General of the Decentralised
Administration issued a decision for the implementation of preventive and
remedial measures. Remedial work has already started and information
concerning the progress of the implementation of pending measures is
anticipated.
13. ΣΤ/17 On 22.08.2011, an IMMINENT THREAT of soil damage (risk of leakage) was
found, due to the storage of 32,000 litres of hazardous substances
(fertilizers, etc.), inside an agricultural supplies warehouse (pesticides-
biocides-fertilizers), in Viotia. The Secretary General issued decisions for the
approval of remedial-restorative work. Funds were committed for an
invitation to tender (at the expense of the competent authority and followed
by cost recovery).
14. ΣΤ/18 On 31.10.2011, soil damage and an IMMEDITAE THREAT of water damage
were found, due to uncontrolled dumping of hazardous - ecotoxic liquid
waste in a pit in the ground, in Viotia, by a seed oil operation. A check was
performed by the HEI and the results are anticipated.
15. ΣΤ/21 On 28.11.2011, groundwater pollution (borehole) by hexavalent chromium,
and an IMMINENT THREAT of soil damage (concentrations of heavy
metals) were found, due to the dumping of treated hazardous waste in septic
tanks, at an aluminum products plant, in Viotia. The Secretary General of the
Decentralised Administration issued a decision for the implementation of
remedial-restorative measures. An update on the progress of the
implementation of the measures is anticipated. The ICOIEL is cooperating
with the relevant agencies and scientific bodies in order to provide guidance
in dealing with pollution of the groundwater in the area.
Page 31 from 63
Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
16. ΣΤ/23 On 07.12.2011, soil damage was found, due to deposit residues in old mining
sites, in Mantoudi, Evia. The Directorate of Environment and Spatial Planning
(DESP) of Central Greece has requested a remedial Technical Report from
the operators who are expected to take action.
17. ΣΤ/24 07.12.2011, soil pollution and an IMMINENT THREAT of water damage were
found, due to the dumping of various hazardous and non-hazardous wastes
(lubricating oils, ELV, used tires, WEEE, scrap, gangue) from iron-nickel ore
enrichment and processing facilities, in Evia. The Secretary General of the
Decentralised Administration issued a decision for the implementation of
remedial-restorative measures. Information on the progress of the
implementation of the measures is anticipated.
18. ΣΤ/25 On 14.12.2011, an IMMINENT THREAT of soil and water damage was found,
due to the dumping of treated hazardous waste in septic tanks (heavy metal
concentrations), at a screw and binder manufacturing plant, in Evia. A
pollution assessment study was submitted, along with additional information,
by the operator. Completion of the review of the additional information
submitted is pending.
19. ΣΤ/27 On 31.01.2012, soil pollution was found, due to the disposal of hazardous and
non-hazardous solid and liquid waste and hazardous gases, at a former
secondary fusion aluminum production plant, in Fokida. The Secretary
General of the Decentralised Administration issued a decision for the
implementation of preventive and remedial measures. An update on the
progress of the implementation of the measures is anticipated.
20. ΣΤ/28 On 08.03.2012 and 15.03.2012, soil and water damage was found, due to the
illegal dumping of treated industrial wastewater, at a brass products
manufacture and plating plant in Viotia. The Secretary General of the
Decentralised Administration issued a Decision for the implementation of
remedial-restorative measures. An update on the progress of the
implementation of the measures is anticipated.
Page 32 from 63
Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
21. ΣΤ/29 On 22.03.2012, soil damage and an IMMINENT THREAT of water damage
were found, due to the uncontrolled disposal of hazardous and non hazardous
solid and liquid waste, at a metal and non-metal waste recycling and vehicle
dismantling and recycling (ELVs) plant, in Evia. By decision of the Deputy
Head of the Region, the plant was ordered to close temporarily until the
restoration of the site is complete. A remedial study has been submitted by
the operator. There is communication with the operator for the completion of
the submitted remedial study, following relevant instructions from ICOIEL and
DESP of Central Greece.
22. ΣΤ/31 On 21.05.2012, soil pollution was found, due to hazardous solid waste, at a
former secondary fusion aluminum - and possibly lead - production plant, in
Evia. The Secretary General of the Decentralised Administration issued a
Decision for the implementation of remedial measures. So far, the waste has
been transported indoors and waste characterisation and removal to a
licensed site are pending.
23. ΣΤ/33 On 26.06.2012, soil pollution was found, due to wastewater disposal from a
car wash - lubrication operation in an open, earth reservoir, in Evia. An update
is anticipated, following the activities of the DESP of Central Greece and the
Region of Evia, to take all the prescribed measures for the remedy-restoration
of the reservoir.
24. ΘΕ/1 On 02.03.2010 and 04.03.2010, an IMMINENT THREAT of soil and water
damage was found, due to uncontrolled outdoor dumping amounting to
approximately10,000 tonnes, at a plant producing ceramic products, in the
Region of Larissa. By Decision of the Prefect, the plant was shutdown and the
facilities were sealed. A Decision on the Approval of Environmental
Conditions (DAEC), which includes compliance-remedial measures
recommended by the SSEEI Special Secretary, was issued by the Directorate
for the Control of Air Pollution and Noise (EARTH)/Ministry of Environment,
Energy and Climate Change. Update on the progress of the case is pending.
25. ΜΑΚ/1 On 23.02.2009, an IMMINENT THREAT of soil and water damage was found,
due to the dumping of waste asbestos (asbestos pipes) in the Suburban
Forest of “Sheikh Sou”, Thessaloniki. The Directorate for Forests of the
Thessaloniki Prefecture issued a decision for the approval of a remedial
study. An update on the approval of funding for the remedial cost is
anticipated.
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Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
26. ΜΑΚ/2 On 19.10.2011 and 20.10.2011, an IMMINENT THREAT of soil and water
damage was found, due to the dumping of aggregates, solid industrial waste
and phosphogypsum, in Pieria. The charging of the owner of the waste with
the cost of remedy is pending, following the prosecutor’s inquiry requested by
the DESP of Central Macedonia (Decision of the Secretary General of the
Decentralised Administration).
27. ΜΑΚ/3 On 29.05.2012, soil pollution was found, due to the uncontrolled disposal of
industrial waste, from a spelter craft operation, in Thessaloniki. The Secretary
General of the Decentralised Administration issued a decision approving a
remedial study. The remedy is underway and an update on the progress of its
implementation is expected.
28. ΔΥΤ/1 On 11.03.2011, soil pollution and an IMMINENT THREAT of surface water
and groundwater damage were found, due to the dumping of 80,000 m3 of
hazardous waste (materials containing asbestos and mineral oil residues), at
a former asbestos production plant, in Achaia. The Secretary General of the
Decentralised Administration issued a Decision approving collection, removal
(cross-border transportation) and remedial-restoration works at the property.
An appeal for annulment by the operator against the decision to the Council of
State is pending.
29. ΔΥΤ/3 On 03.10.2012, the competent Operator submitted a request for the
restoration of the linear island between the wetland biotope and the sea, at
the Kotychi lagoon, in Ilia (habitat NATURA 2000, codes Nos
GR2330009/SPA and GR2330006/SCI). Following the proposals made by
HEI, the local agencies of the Regional Unit performed an in situ inspection
on 11.10.2012. As a result of the inspection, uncontrolled earthworks
(removal and deposition of sediments), uncontrolled diversions of freshwater
to the sea and interventions up to the depth of the aquifer were identified. A
recommendation for the undertaking of a remedial study has been submitted
to the competent Regional Council. The selection of a contractor for the
preparation of the study is pending.
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Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
30. ΔΥΤ/4 On 26.10.2012, an IMMINENT THREAT of soil and water damage (risk of
leakage) was found, due to the storage of 23,300 litres of expired pesticide-
plant protection products against the olive fruit fly, weighing approximately 29
tonnes, inside and outside a warehouse of the Directorate for Rural Economy
& Veterinary Medicine of the Regional of Ilia, at Epitalio airport. The Region of
Ilia issued an open invitation to tender for the removal and destruction of the
pesticides and the cleaning of the warehouse by a licensed operator, and a
contractor was selected. An update on the progress of the award procedures
is anticipated.
31.ΠΕ/1 On 16.07.2010, soil pollution and an IMMINENT THREAT of water damage
were found, due to the disposal of untreated wastewater into the area
surrounding a dairy - cheese operation, in Arcadia. Update on the progress of
the case is pending.
32. ΠΕ/2 On 11.07.2011, ecosystem alteration and destruction of vegetation and
avifauna habitat by a natural person were found, due to the uncontrolled
disposal of demolition and excavation materials within an officially established
wetland (Mount Parnonas - Moustos Wetland, Arcadia). The immediate
removal of rubble and refuse was recommended, as well as the reaching of
an understanding with the Mount Parnonas - Moustos Wetland Ecological
Park concerning all possible prevention-remedial actions. Update on the
progress of the case is pending.
33. ΠΕ/4 On 15.12.2011, the degradation of a coastal ecosystem, the destruction of
dunes and natural vegetation and alterations of a sea turtle breeding habitat
were found, in Messinia (habitat IMATURA 2000, code No GR2550005/SCI).
The Secretary General of the Decentralised Administration issued a decision
to block access by wheeled vehicles and for the submission of a remedial
study. The competent committee is currently working “on the promotion of a
framework and measures for the NATURA 2000 area of Kiparissia”.
34. ΠΕ/5 On 04.10.2012, soil pollution and an IMMINENT THREAT of water damage
were found, due to an illegal landfill of mixed hazardous and non-hazardous
waste by natural persons, at a forest area in Arcadia. The work of the RCIEL
of Peloponnese is ongoing.
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Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
35. ΠΕ/6 On 10.12.2012, soil damage was found, at a state-owned marble quarry site
leased by its operator, in Argolida. The Secretary General of the
Decentralised Management issued a decision for the termination of the lease
and the environmental restoration of the site. An update on the progress of
the implementation of the measures is pending.
36.10/1 On 02.04.2013, a non-governmental organisation (NGO) submitted a request
for the prevention and remedy of environmental damage as a result of an
extensive landslide at the Zakynthos landfill, which is located within the
National Marine Park of Zakynthos and within the NATURA 2000 network,
with the code GR2210002/SCI. A JMD was issued for the modification and
extension of the DAEC, for the restoration and subsequent maintenance of
the landfill. The findings of the HEI are anticipated, following an in situ
inspection performed jointly by the ICOIEL and HEI, in April 2013.
37. Β.ΑΙΓ./1 On 17.01.2011, a non-governmental organisation (NGO) submitted a request
for action in response to the degradation of the coastal environment - the
coastal zone, on the island of Ikaria, within the NATURA 2000 network, code
No 4120005 /SPA. The competent services performed in situ inspections and
found: (a) the dumping of surplus material from excavations at a communal
rocky foreshore-beach area of approximately 4,180 m2, creating the risk of
landslides during rains; and (b) an IMMINENT THREAT of water damage and
potential adverse effects on the ecological potential of the sea, due to the
escape of surplus material from excavations to the sea. The opinion of the
RCIEL of the Northern Aegean was released, recommending primary
restoration and the preparation of a study. A DAEC was issued by the
SES/Ministry of Environment, Energy, and Climate Change, for the
submission of a Special Ecological Assessment and a Final Planning
Compliance file. An update of the implementation of the recommendations is
anticipated.
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Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
38. Β.ΑΙΓ./2 On 13.05.2011, soil damage and an IMMINENT THREAT of damage to the
underground aquifer (erosion from uncontrolled mining and dumping, surface
disposal of waste lubricant oils, illegal temporary storage of hazardous waste,
and abandonment of solid waste, such as drums, old metals, plastic
packaging , ELVs) were found at a public area of approximately 150.000 m2,
on the island of Chios, where a vehicle maintenance workshop and asphalt
concrete/ready-made concrete production plant, and equipment and
construction materials warehouse facilities were operating illegally and/or
unsupervised. Following the recommendation of the PEAPX of the Northern
Aegean, the Secretary General of the Decentralised Administration issued a
decision for the implementation of preventive and remedial measures. An
appeal by the Municipality of Chios (as owner of the land), against a decision
imposing a fine, is pending. Update on the progress of the case is pending.
39. Ν.ΑΙΓ./1 On 27.07.2011, soil and water damage was found (destruction of the
geomorphological structure of the coastal zone and destruction of the natural
bed of watercourses, with possible consequences such as flooding and
erosion), due to the illegal opening up of a dirt road with a length of 1000
metres and an average width of 6.5 metres, inside a foreshore - public beach
zone, on the island of Kos. A report on the actions of the competent Agencies
is anticipated, following the classification of the case under the environmental
liability regime by the HEI.
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Ref. “OPEN” CASES OF ENVIRONMENTAL LIABILITY - SUMMARY
40. Ν.ΑΙΓ./2 On 17.07.2012, residents of the island of Andros reported the risk of damage
to the soil, water and public health, due to uncontrolled waste disposal and
possible leakages to the sea at the onshore zone of Batsi Port. By decision of
the Deputy Head of the Region, preventive measures were taken for the
protection of public health. The site was cleaned and measures were taken for
future licensing, and the installation and operation of a baler. After a partial
inspection by the HEI, placement under the Directive was not deemed to be
warranted. A decision by the Inspector General for the Environment,
according to Article 13 of P.D. 148/2009, is pending.
41. ΚΡ/1 On 07.12.2011, the degradation of a sensitive ecological area was found, at
the estuary of the Aposelemis River, in the Municipality of Chersonisos, in the
Region of Heraklion, Crete (habitat classified as a Wildlife Sanctuary and
Protected Wetland), due to illegal interventions (embankments, filling, illegal
constructions) by unknown parties. The competent Agencies recommended
some immediate preventive and remedial measures. The case is pending
consideration by the RCIEL of Crete.
42. ΚΡ/2 On 06.02.2012, soil and water damage was found, due to failures recorded in
a landfill, in the Region of Rethymno, Crete (insufficient coverage and
dispersion of waste outside the landfill, non-compliance with the
environmental conditions regarding the management of leachate). The case is
pending consideration by the RCIEL of Crete.
43. ΚΡ/3 On 21.05.2012, degradation of a coastal ecosystem, destruction of dunes and
natural vegetation and alterations of a sea turtle breeding habitat were found,
at the coastal zone of Kommos, in the Municipality of Faistos, in the Region of
Heraklion, Crete (area within an IMATURA 2000 network, with the code
GR4310004/SCI), due to illegal interventions within the foreshore (total
destruction of geological formations) by a private development company. The
opinion of the RCIEL of Crete concerning action has been released. The
competent Agencies are investigating the appropriate preventive/remedial
measures, in order for them to be forwarded to the DESP of Crete.
C. Types of Damage - Imminent Threat
Chart 4 lists the cases according to the type of environmental damage recorded. It is noted that the
majority of cases, 41% of all cases, relate to soil damage, mainly due to the uncontrolled disposal of
solid and liquid wastes, hazardous and non-hazardous. The next largest group are cases of confirmed
water damage, 11% of all cases, mainly due to dumping in streams or the leakage of polluted-
contaminated leachate into underground aquifers. Regarding the cases of damage found in
species/habitats, they account for 8% of all cases, and mainly involve the destruction of dunes and
natural vegetation, due to interventions such as excavations and the dumping of surplus excavation
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material, the opening up of roads and the building of illegal structures.
In Tables 1 & 2 of Annex II, as well as in Chart 4, a clear distinction is made between Confirmed
Damage and Imminent Threats of Damage, according to the additional guidance of the European
Commission.
It is observed that, in contrast to confirmed damage, the cases of imminent threats to the water are
more than the cases of imminent threats to soil (25% versus 15%, respectively). This is probably due
to the fact that water damage detection and confirmation is technically more difficult compared to soil
damage, especially when it comes to groundwater where a direct opportunity for sampling may not
exist.
SOIL-DAMAGE
SOIL-IMMINENT THREAT
WATER-DAMAGE
WATER-IMMINENT THREAT
SPECIES & HABITATS - DAMAGE
CHART 4: TYPES OF DAMAGE - IMMINENT THREAT
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Finally, it is evident that an environmental liability case may result in damage and/or an imminent
threat of damage, affecting (or expected to affect) at the same time more than one category of natural
resources / agencies (species/habitats, waters and soils). This is observed in thirty-one (31) cases,
60% of all cases (Tables 1 & 2 of Annex II).
D. Classification of Activities - Liable Operators
Concerning classification under STAKOD 2008 of the liable operators, relevant data were provided
for those activities for which this was possible.
The activities of the manufacturing sector (sector C) amount to thirty-two (32) in total, of which more
than half (nineteen, 19) are industries producing basic metals and industries manufacturing metal
products.
Nine (9) of the activities relate to waste management (sector E). Note that an activity or an operator
can take as many STAKOD codes as their production processes.
The aforementioned data are presented in detail in the following Table:
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CLASSIFICATION OF ACTIVITIES - OPERATORS BY SECTOR (STAKOD 2008)
STAKOD 2008
DESCRIPTION NUMBER OF ACTIVITIES - OPERATORS
SECTOR A (TOTAL)
AGRICULTURE, FORESTRY & FISHERIES 1
1.47 RAISING OF POULTRY 1
SECTOR B (TOTAL)
MINING & QUARRYING 4
7 MINING OF METAL ORES 1
8 MINING & QUARRYING 3
SECTOR C (TOTAL)
PROCESSING 32
10 MANUFACTURE OF FOOD PRODUCTS 4
16.29 MANUFACTURE OF WOOD PRODUCTS 1
17 MANUFACTURE OF PAPER & PAPER PRODUCTS 1
18.1 PRINTING AND RELATED ACTIVITIES 1
23 MANUFACTURE OF NON-METALLIC MINERAL PRODUCTS 4
24 MANUFACTURE OF BASIC METALS 10
25 MANUFACTURE OF METAL PRODUCTS (EXCEPT MACHINERY &
EQUIPMENT) 9
30.1 SHIPYARDS 1
31.0 MANUFACTURE OF FURNITURE 1
SECTOR D (TOTAL)
SUPPLY OF ELECTRICITY, GAS, STEAM & AIR CONDITIONING 2
35.11 ELECTRICITY GENERATION 2
SECTOR E (TOTAL)
WATER SUPPLY. SEWERAGE, WASTE MANAGEMENT & REMEDIAL ACTIVITIES
9
38 REFUSE COLLECTION, PROCESSING & DISPOSAL - MATERIALS
RECOVERY 9
SECTOR F (TOTAL)
CONSTRUCTION 4
41 CONSTRUCTION OF BUILDINGS 1
42.11 CONSTRUCTION OF ROADS & HIGHWAY 3
SECTOR G (TOTAL)
WHOLESALE & RETAIL TRADE. REPAIR OF MOTOR VEHICLES &
MOTORCYCLES 2
45.20 MAINTENANCE & REPAIR OF MOTOR VEHICLES 1
47.30 RETAIL TRADE OF AUTOMOTIVE FUEL 1
SECTOR H (TOTAL)
TRANSPORT & STORAGE 2
52.10 STORAGE 2
- UNDIFINED CLASSIFICATION 4
- UNCHECKED INTERVENTIONS IN HABITATS 3
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E. Bodies Forwarding the Cases
As to the bodies forwarding the cases of environmental liability to the competent authorities (Chart 5),
it is noted that the bodies which are listed are the ones through which the cases were forwarded for
the first time to the ICOIEL, or through which the cases were forwarded to the Decentralised
Administrations which recorded the said information on the standardised form (Excel file) that was
sent to them.
According to Chart 5, twenty-seven (27) cases (52%) have been forwarded by Agencies of the
Decentralised Administrations, and twenty (20) cases (38%) have been forwarded by Agencies of the
Ministry of Environment, Energy, and Climate Change, 15 of which by the HEI. It is further noted that
the submission of requests for action by natural and legal persons, such as Non-Governmental
Organisations (NGOs), account for 4% of all cases, and these requests were submitted to ICOIEL.
F. Cost of the Measures
As to the cost of the preventive/remedial measures which were taken, the amounts for approximately
17% of the cases (9 out of 52 cases), as disclosed to ICOIEL, or as specified in the relevant
administrative acts (decisions determining preventive/remedial measures), are listed in Tables 1 and 2
of Annex II. Although these data do not provide a basis from which to draw definite conclusions, it is
estimated that the relevant expenditure incurred in Greece and/or budgeted on average for each
case, excluding special and isolated cases, amounts to approximately €60 000.
YPEKA - HEI
YPEKA-OTHER AGENCIES
(SSEEI, ETC)
DECENTRALISED ADMINISTRATIONS
MUNICIPALITIES
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
OTHER (PRIVATE ENTITIES, INDIVIDUALS, ETC)
CHART 5: FORWARDING BODIES
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Despite the fact that the responsible operators are known in all cases, for three (3) cases (Ref. AT/1,
ΗΠ/1 and ΣΤ/17), the remedial cost was initially undertaken entirely by the Greek state (although the
responsible operator was not the Greek state). This happened because these cases of environmental
damage were the result of accidents in abandoned operations or plants and required an immediate
response because of the high risk level. The ICOIEL awaits information on the action taken by the
competent regional authorities to recover the costs incurred by them.
G Judicial appeals
Finally, with respect to appeals made to the Greek judicial authorities against Decisions which
enforced measures and which were issued according to Articles 8, 9 and 10 of P.D. 148/2009, and
according to the data reported to ICOIEL, there is one pending case (Ref. ΔΥΤ/1). In this case, the
operator appealed to the Greek courts against a decision by the Secretary-General of the
Decentralised Administration ordering the implementation of remedial measures. A ruling by the
Council of State (CoS), Greece's supreme administrative court, is pending.
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2.3 SPECIAL CASES - ASOPOS
The pollution of the wider area of the Asopos river mostly became known of August 2007, on the
publication of measurements of the Hellenic General Chemical State Laboratory, and other accredited
laboratories, according to which high levels of heavy metals, hexavalent chromium and nitrates were
detected in the aquifer of the region, as well as exceedances of the parametric values defined by
Community legislation on the quality of water intended for human consumption, according to Directive
98/83/EC (JMD Y2/2600/2001, Government Gazette, Series II, No 892/2001).
In 2007, the Ministry of Environment, Energy and Climate Change declared the area of Asopos a case
of "Special National Intervention" and the Hellenic Environmental Inspectorate (HEI) was instructed to
intensify the inspection and control activities in the area. Note that during the 2004-2012 period there
have been in total more than 250 checks and rechecks of works and activities in the area.
From 2010 onwards, the Ministry of Environment, Energy and Climate Change has taken action to
address the issue of pollution in the Asopos area (Inofita - Schimatari) and to examine the issues
closely in order to address the problem directly.
In February 2010, the "Programme of Integrated Management of the Environmental Crisis in the
Asopos River" was presented, which took into account the constant demands of the Local
Community, and which was formed following systematic cooperation with all stakeholders and
agencies. The coordination of action was undertaken by the Special Secretariat for the Environment
and Energy Inspectorate (SSEEI), its coordinating role according to Law 3818/2011, and the Special
Secretariat for Water of the Ministry of Environment, Energy and Climate Change. This program
consists of measures for immediate implementation and measures of medium- and long-term effect,
including the establishing of rules, guidelines and procedures governing the control of sources of
pollution and the way that industry operates, the clarification of responsibilities between agencies,
informing the citizens and all stakeholders, etc., and measures which are implemented gradually, with
the following objectives:
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the protection of public health;
the containment and eradication of pollution;
the planning of the industrial area of Inofita, Schimatari;
ensuring the implementation of the measures.
As a first and immediate measure, JMD 20488/2010 (Government Gazette, Series II, No 749/2010)
“Determination of Environmental Quality Standards in the Asopos River and Limits for Emissions of
Industrial Wastewater in the Asopos Watershed” was issued by the Ministry of Environment, Energy,
and Climate Change , which lays down stringent quality thresholds for both Asopos and the emissions
of industrial wastewater in the area.
To intensify the coordination of actions for the implementation of JMD 20488/2010 and the monitoring
of the progress of the implementation of the "Program of Integrated Management of the
Environmental Crisis in Asopos River", at central and regional level, the SSEEI established a
Committee by Decision 270/2012 (Internet Posting Number: ΒΟΖΝΟ-ΛΨ45), with the primary task of
processing proposals and the taking of initiatives and action concerning the following:
compliance of industrial and other activities with JMD 20488/2010 on Asopos;
issues of water disposal for urban and industrial use and irrigation;
implementation issues of environmental liability;
exploring the possibility of creating a central industrial waste treatment unit, while
finding temporary solutions for the treatment and management of industrial waste
(hazardous and non-hazardous);
planning of the unofficial industrial area (Inofita - Schimatari);
examination of the practices followed in other Member States of the EU.
5 http://static.diavgeia.gov.gr/doc/%CE%92%CE%9F%CE%96%CE%9D0-%CE%9B%CE%A84
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2.3.1 Implementation issues of environmental liability in the area of Asopos river
Specifically, with regard to the implementation of environmental liability in the Asopos area, the
Decentralised Administrations of Thessaly - Central Greece, and Attica, with their advisory bodies (the
RCIEL of Central Greece and the RCIEL of Attica, respectively) and in cooperation with the ICOIEL,
have placed a total of seven (7) activities (13% of all cases of environmental liability), presented in
Annexes I and II of this report, in the area of Asopos (within or at the boundaries of the river basin)
under environmental liability status, of which:
five (5) are located in Central Greece and two (2) in Attica;
four (4) concern the unchecked disposal of hazardous waste in the soil and subsoil from
metal industries (Ref. ΣΤ/6, ΣΤ/10, ΣΤ/21 and ΣΤ/28);
one (1) concerns the uncontrolled burial of hazardous and non-hazardous waste (Ref. AT/4);
two (2) concern the unchecked disposal of waste by unknown operators (Ref. AT/7.30 and
ΣΤ/26).
two (2) cases of remedial measures have been completed (Ref. AT/7.30 and ΣΤ/10).
Regarding damage to the aquifer in the area and considering the high concentration of activities, the
imputation of the liability to more than one liable operator requires that all agencies cooperate with the
ICOIEL, since the appropriate tools must be developed, based on which it will be possible to
determine the remedial objectives and allocate the relevant costs.
It is estimated that the modification of the decisions on the Approval of the Environmental Conditions
(AEPO) for the activities in the Asopos basin, as required by the applicable legislation (JMD
20488/2010), with the parallel carrying out of preventive, scheduled and unscheduled environmental
inspections (as provided for in Article 20 of Law 4014/2011 on the environmental authorisation of
projects and activities), will contribute to the compliance of the activities. Moreover, according to the
provisions of Circular 65/2011 of the SSEEI, when amending decisions on environmental conditions,
the remedy of environmental damage may be included in the relevant AEPOs. In parallel with the
compliance of the activities, the securing of funding for the implementation of the proposed remedial
measures (e.g. artificial enrichment of alluvial aquifers in the area through drilling) is expected to
contribute to the recovery of the system.
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3.1 Problems and challenges for the improvement of the implementation of Directive
2004/35/EC in Greece
Implementation of the Directive on environmental liability in Greece positively affects both the
administration and the operators towards taking appropriate preventive measures and addressing the
damage caused to the environment. At the same time, a number of challenges are identified
concerning the following:
Operators in some cases fail to take preventive measures to avoid an imminent threat of
environmental damage and do not comply with the decisions of the administration on the
application of the preventive measures. Full application of the waste management and disposal
procedures, especially for hazardous waste, in combination with ensuring adequate
infrastructures, may help towards improving compliance so that eventually the “polluter” is
burdened with the full cost.
The issuance of the Joint Ministerial Decision on a compulsory financial guarantee (through
insurance or other financial securities) will ensure the assumption of the liability by the operators,
and the ICOIEL’s actions have been intensified to this end.
Close cooperation with other agencies which are responsible for the implementation of the
relevant Directives which are included in the definitions of Directive 35/2004/EC, such as the
Directives for the protection of species and habitats (92/43/EEC and 79/4C19/EEC), for the
protection of water (2000/60/EC), and the implementation of Directive 2008/98/EC, will improve
the efficiency of the actions of the Public Administration.
A number of limitations was noted during the moving forward of the administrative procedures for
the determination of preventive and remedial measures, including:
o a lack of funds at the regional level, due to cost reductions, which affects: the approval of
expenditures for conducting inspections and the determination and/or assessment of the
environmental damage; the performance of rechecks to determine the degree of compliance
(or non-compliance) of the operators with the decisions of the administration; the monitoring
of the implementation of the remedial measures (the above are a source of additional
administrative costs for the administration, which cannot be costed because they depend on
various factors such as the severity of the incidents, the degree of compliance of the
operators, the number of the operational units involved due to the overlapping of
responsibilities; etc.);
o the staffing of the competent authorities;
o the taking of immediate preventive and/or remedial measures when an accident has occurred
and the operator cannot be identified.
the lack of a legislative framework especially for the soil (failure to adopt national environmental
quality standards). For the resolution of this issue, partnerships are being developed with
research and scientific institutions (such as the National Centre for Sustainable Development -
Institute of Geology and Mineral Exploration & Research EKVAA-IGMEM, and the National
Agricultural Research Foundation NAGREF) for the adoption of methods in order to reach the
targets and to identify remedial measures. Under the 7th Action Programme for the Environment,
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the relevant initiatives will be undertaken.
Online access to environmental information on the state of the environment, which is expected to
improve significantly with the implementation of Directive INSPIRE, will become a common basis
for operators, the administration, insurance companies, banks, NGOs.
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3.2 Targets and subsequent action
In addition to the above responsibilities (as set out in Article 6 of P.D. 148/2009), the ICOIEL directs
its activities towards the implementation of the following targets, with a projected date for their
accomplishment of the end of 2013:
Issuing of the Joint Ministerial Decision for the financial security, as mentioned above.
Issuing of a Ministerial Decision concerning the manner in which the stakeholders (natural and
legal persons who submit a request to undertake activities) will be informed about the
implementation of environmental damage remedial decisions, including the persons in whose
properties remedial measures must be performed and who are invited to express their opinion
(Article 10(3) of P.D. 148/2009).
Mobilisation of the CIEL for the taking and implementation of horizontal measures in high
environmental risk management areas of particular national importance at an environmental and
socioeconomic level (addressing the environmental damage in the basin of the Asopos River).
Implementation of the actions envisaged under the project “Support for the operation of the
ICOIEL” by the NSRF-OPESD, with particular emphasis on the drafting and preparation of
supporting base studies, and the creation of an integrated database so that the information on
the initial state of the environment will be available.
Organisation of workshops in order to inform the competent authorities, with the participation of
representatives of four Regional Committees for the Implementation of Environmental Liability for
the second half of 2013, while such workshops are planned for the remaining RCIELs for next
year (2014), in order to strengthen implementation at regional level.
Cooperation with the Green Fund for the financing of activities towards accomplishing the targets
of P.D. 148/2009 in cases where the operator can not be identified, with the establishment of
priority criteria.
Staffing of the ICOIEL and restructuring/reconfiguration of the website.
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ANNEX I
Uncontrolled discharges of unknown origin
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Uncontrolled discharges of unknown origin
43 cases involving unchecked discharges of solid and liquid waste of unknown origin, hazardous and
non-hazardous (Chart 6), most of which were in areas of Attica, Viotia and Evia, were forwarded to
the ICOIEL. The improper disposal of waste by unidentified operators has emerged as a major threat
to the environment and public health. The cost of collection and removal of “orphan" waste and the
restoration of polluted sites is ultimately borne by the Greek government, with little chance for the
subsequent recovery of the cost, since it is impossible to identify the owner - operator who caused the
environmental damage (or the threat thereof).
These cases are governed by the legislative framework for hazardous waste (JMD 13588/725/2006
”Measures, conditions and restrictions for the management of hazardous waste in compliance with the
provisions of Council Directive 91/689/EEC of 12 December 1991 ‘on hazardous waste’”.
Replacement of Joint Ministerial Decision 19396/1546/1997 ‘Measures and conditions for the
management of hazardous waste’ (B'604)”, (Government Gazette, Series II, No 383/2006), in
conjunction with P.D. 148/2009. Overlapping of responsibilities is avoided by combining the two
legislative frameworks which apply to cases of unchecked dumping by an unknown operator (JMD
13588/725/2006 and P.D. 148/2009).
KNOWN OPERATORS
UNKNOWN OPERATORS (UNCHECKED
DISCHARGES) CHART 6: NUMBER OF KNOWN - UNKNOWN OPERATORS
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As shown in Chart 7, for thirty nine (39) of those cases (accounting for 91% of all unchecked
dumping) the remedial cost has already been borne by the Greek state while action is still pending for
the remaining four (4) cases. Eighteen (18) cases (42% of all unchecked dumping) are already
closed, i.e. the remedial measures have been completed.
As to the cost for the restoration of sites where unchecked dumping has occurred, there are available
data for approximately 88% of the cases (38 out of 43 cases), which are disclosed to the ICOIEL, or
are provided for by the relevant administrative acts (Decisions for the determination of
preventive/remedial measures). Although this information does not provide a basis from which to draw
definite conclusions (due to the volume and composition of the waste), the relevant expenditures that
were incurred in Greece and/or budgeted on average for each case, amount to approximately
€11,000.
The ICOIEL took the initiative of advancing the handling of these requests due to the accumulation of
these cases, which cause or may cause environmental damage to species/habitats, waters and soils,
and in this context, the ICOIEL submitted a proposal for the inclusion of these cases in a financing
programme under the Green Fund of the Ministry of Environment, Energy, and Climate Change,
established by Law 3889/2010 (Government Gazette, Series I, No 182/2010). A recent decision of the
Minister for the Environment, Energy, and Climate Change (March 2013, Internet Posting Number:
ΒΕΔΣ46Ψ844- 9Ω06) provided approval for the granting of credit under a financing programme which
includes the actions of “collection and management of hazardous waste in order to reduce
environmental damage and to assist the work of the Administration in the implementation of remedial
measures in cases where the party responsible for the damage cannot be identified.” The requests
were submitted by the Decentralised Administrations, which conducted in situ inspections, checked
the traceability of the responsible operators and forwarded the cases of unidentified operators to the
ICOIEL for evaluation. Subsequently, the procedures for the financing of the relevant operations for
the removal and management of waste, which will be completed by December 2013, were advanced.
6 http://static.diavgeia.gov.gr/doc/%CE%92%CE%95%CE%94%CE%A346%CE%A8844-9%CE%A90
COST BORNE BY THE STATE- KNOWN OPERATORS- COST RECOVERY PROCEDURES UNDERWAY
COST BORNE BY THE STATE- UNKNOWN OPERATORS (UNCHECKED DISCHARGES)
CHART 7: NUMBER OF CASES WHERE THE COST IS BORNE
BY THE COMPETENT AUTHORITIES
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ANNEX II:
Register of environmental liability cases in Greece –
Tables
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TABLE 1: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “CLOSED” CASES (9)
Type of Environmental Damage
Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or
discovery of damage
Agency or Forwarding Body Activity - Operator
Geographic Location /
Municipality / Regional Unit
Competent Authority Water Species & Habitats
Date of placing under the Directive
Other legislative
framework involved (besides the Directive) Preventive/remedial Measures
Measures Implementation Cost
Measures
Completion Date Measures Implementation Phase and/or Actions Phase
AT/1
06-10-2010
Inspection by the HEI. HEI
Abandoned plant of
sealing and insulating materials.
Area of VOTANIKOS/
ATHENS/ ATTICA CENTRAL SECTION
DAA, RCIEL of Attica
Storage of 25 tonnes
of chemical waste used in the manufacture of
polyurethane products. Leakage in the soil.
Decisions of 04-05-2012 & 22-05-2012 of the Secretary General for the
implementation of remedial measures.
Sealing and securing the site, and, in parallel, notice to the liquidator (SSEEI Special Secretary). Collection and removal of materials and any contaminated soil, from a duly licensed
operator, at the expense of the Municipality of Athens (Decisions of the Secretary General).
€73,800 (VAT included) BORNE BY THE STATE 29-04-2013 Completed
ΣΤ/3 15-06-2010
DATCG,
DESP of Central Greece
Galvanising- Metal structures. STAKOD 2008: 25.61
ROVITSEZA location, M.U. of Schimatari/ TANAGRA/ VIOTIA
DATCG, RCIEL of Central Greece
IMMINENT THREAT Inspection for soil damage due to the
disposal of treated wastewater in septic tanks.
Decision of 24-05-2013 of the Secretary General for
the implementation of preventive and remedial measures. JMD 13588/725/2006
The subsurface disposal of waste was stopped. The measures
decided included the opening-up of the septic tanks, the pumping out of water and the collection of sludge from their bottom (if any) and the management of the waste by a
licensed operator, the sealing with concrete of the exits of the piping leading to the septic tanks with appropriate material and their resealing (Decision of the Secretary General).
24-07-2013 Inspection by the DESP of Central Greece. Completed
ΣΤ/5 10-11-2010
DATCG,
DESP of Central Greece
Power plant. STAKOD 2008: 35.11
M.U. of Aliveri/ KYMI-ALIVERI/ EVIA
DATCG, RCIEL of Central Greece
Pollution of soil by mineral oils from a storage tank.
Decision of 26-07-2011 of the Secretary General for
the implementation of remedial-restoration measures.
Bioremedial with in situ application (Decision of the Secretary
General). Decision in force until 26-07-2016 Completed
ΣΤ/7 17-12-2010
DATCG,
DESP of Central Greece
Warehouse of construction equipment
DRAGANIA location of Ipatos / THIVA/ VIOTIA
DATCG, RCIEL of Central Greece
Soil pollution by mineral oils.
Decision of 26-07-2011 of
the Secretary General for the implementation of preventive measures. JMD 13588/725/2006
The surface layer was removed and a potential pollution
assessment study was submitted. Decision of the Secretary General for the periodic sampling and analysis of borehole water, as a preventive measure. 17-12-2010 Completed
ΣΤ/8
20-12-2010
Directorate of Environment of the P.G. of Evia.
DATCG,
DESP of Central Greece
Shipyard. STAKOD 2008: 30.1
ORMOS MEGALO VATHI location, Avlida M.U./ CHALKIDA/ EVIA
DATCG, RCIEL of Central Greece
Soil pollution by mineral oils.
Decision of 11-11-2011 of the Secretary General for
the implementation of remedial-restoration measures.
Removal of contaminated soil and restoration- filling up -of the site (Decision of the Secretary General). 03-02-2012 Completed
ΣΤ/10
20-01-2011 Inspection by the
HEI.
DATCG, DESP of Central
Greece
Metal working plant. STAKOD 2008: 25.61
and 24.42.2
PATIMA location, M.U. of Schimatari/
TANAGRA/ VIOTIA
DATCG, RCIEL of
Central Greece
IMMINENT THREAT Disposal
of hazardous waste in septic
tanks.
Decision of 28-11-2011 of
the Secretary General for the implementation of preventive and remedial
measures.
Modification of the method of waste management, sealing of septic tanks after emptying (removal of sludge and any water) and filling-up of the septic tanks with inert material (Decision of
the Secretary General). 17 & 18-05-2012 Completed
ΘΡ/1
22-06-2010 Inspection by the
HEI, fire on 20-06-2010. HEI
Warehouse (outdoor) of used car tires. STAKOD
2003: 372.0 STAKOD 2008: 38.32 (with reservation)
M.C. of Xiropotamos / DRAMA/ DRAMA
DAMT, RCIEL of Eastern Macedonia & Thrace
IMMINENT THREAT
Risk of damage to the soil due to emissions after a fire.
IMMINENT THREAT Risk
of water damage due to emissions after a fire.
Ban on free grazing and consumption of raw milk and meat.
Compulsory stabling of the animals in the surveillance zone. Covering-up (backfill) of combustion residues with the laying of concrete and earth materials (soil), in two phases.
PARTIAL PUBLIC EXPENDITURE (FIRE EXTINCTION)
Fire fully extinguished
on 23-07-2010. Completion of backfill on 29-04-2011.
Completed. A pollution assessment report was prepared. No
pollutants were detected in the soil or in the water. However, the possibility of retesting with new samplings is under examination. Need for longitudinal monitoring of groundwater status.
ΘΡ/2
26-07-2011
Inspection by the RCIEL of Eastern Macedonia &
Thrace, following a fire on 22-07-2011.
DAMT, DESP of
Eastern Macedonia & Thrace
Printing factory of compound & flexible packaging materials.
STAKOD 2003: 222.2 STAKOD 2008: 18.1 (with reservation)
Industrial Area of
Komotini/ KOMOTINI/ RODOPI
DAMT, RCIEL of Eastern Macedonia & Thrace
IMMINENT THREAT
Risk of damage to the soil due to emissions after a fire.
IMMINENT THREAT Risk
of water damage due to emissions after a fire.
26-07-2011 DESP of Eastern Macedonia & Thrace
Construction of a trench for the collection of water for fire-fighting purposes, collection-compacting of scrap. Removal of combustion residues by licensed operators. 22-11-2011
Completed. A remedial study was prepared. No pollutants were detected in the soil or in the water.
ΗΠ/1 17-06-2010
DAEWM, DESP of Epirus
Abandoned
juice plant. STAKOD 2008: 10.32
IMARET location/ ARTA/ ARTA
DAEWM, RCIEL of Epirus
Pollution of slopes and soil due to the leakage
of fuel oil into the river Arachthos from a fuel storage tank.
Leakage of fuel oil
into the river Arachthos from a fuel storage tank.
Decision of 29-07-2010 of the Deputy Minister of Finance for financing with
€150,000 from the Public Investment Programme (PIP).
Cleaning of the river (by pumping out the fuel oil), the slopes and soil (by collecting contaminated soils), interruption of the flow of the river at the POURNARI II dam, dismantling and
sealing of pipelines and canals, temporary overlays in the riverbed with greenhouse nylon and quarry sand coatings. Removal of contaminated materials by a licensed operator.
Monitoring of water, soil, organisms and agricultural products. Inventory of existing plants near the aquatic ecosystems of the area.
€70,000 (excluding VAT) for
cleaning the river. €23,000 (excluding VAT) for cleaning the slopes and soil. BORNE
BY THE STATE. COST RECOVERY PROCEDURE IS UNDERWAY.
Cleaning the river 19-20/06/2010. Cleaning the slopes and soil 22-
23/06/2010. Removal of contaminated materials 22/07/2010.
Completed successfully. Disappearance of the oil spills from the river and irrigation ditches.
Page 54 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Type of environmental damage Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or discovery of
damage Agency or
Forwarding Body Activity - Operator
Geographic Location/ Municipality/ Regional
Unit Competent Authority Soil Water Date of placing under the
Directive Other legislative framework
involved (besides the Directive)
Judicial Appeals/ Outcome Preventive/remedial Measures
Measures Implementation Cost
Measures Completion
Date Measures Implementation Phase
and/or Actions Phase
AT/2
07-10-2010 Inspection by the HEI. HEI
Laying house with a feed mill. STAKOD 2008: 01.47
SOUSOUNIZA or AVDELLA location,
M.U. of Erithres/ MANDRA- IDILLIA / WESTERN ATTICA DAA, RCIEL of Attica
Contamination of the soil
due to the unchecked dumping of liquid manure from a poultry farm.
IMMINENT THREAT Risk of pollution
caused by nitrates in groundwater and surface water, where
the leachate or overflows may end-up due to rain.
Submission of a remedial study has been requested. Pending update.
AT/3
22-06-2011 Inspection by the
HEI. HEI
Outdoor storage/ handling of hazardous materials. STAKOD
2008: 38.12
NEOKTISTA area/ ASPROPYRGOS/
WESTERN ATTICA DAA, RCIEL of Attica
Plastic/metal
drums/containers and IBC tanks with chemical residues (mineral oils, oily
liquids, concentrated acids, acidic solutions, aggregates). Leakage of
tarry material in the soil. 23-06-2011 HEI
Immediate sealing of establishment, removal of materials, submission of site decontamination-remedial plan
(HEI).
20-07-2011 Sealing of establishment
and partial removal of hazardous materials. Information on the removal of the remaining material of unknown
chemical composition is pending.
AT/4
04-10-2011
Inspection by the HEI. SSEEI
Uncontrolled Waste Disposal
Area. STAKOD 2008: 38.1 and 38.2
BOURDECHTI location,
former Municipality of Sikamino/ OROPOS/
EASTERN ATTICA DAA, RCIEL of Attica
Soil pollution due to the unchecked dumping of non-
hazardous and potentially hazardous waste.
IMMINENT THREAT
Convergence of two streams at the site. Imminent threat to the
underground aquifer from any leaks.
13-09-2012 Opinion of the RCIEL of Attica for the
implementation of preventive-remedial measures.
Prevention of unauthorised access,
securing of the site, arrangements for the rainwater (SSEEI Special Secretary). Submission of a
remedial-restoration study (RCIEL of Attica).
A Decision is pending, to determine the remedial measures.
ΣΤ/1
21-10-2009
Inspection by the HEI. HEI
Aluminium smelter. STAKOD 2008: 24.42.1
VATONTAS area, M.U.
of Nea Artaki/ CHALKIDA/ EVIA
DATCG, RCIEL of Central Greece
Uncontrolled hazardous solid waste management
and soil pollution due to shoddy outdoor storage. JMD 13588/725/2006
Temporary shutdown of the operation. The submission of a
remedial study was required, with no response from the operator.
> €500,000 (Estimated cost)
A new in situ inspection and the
referral of the case to the RCIEL of Central Greece are pending.
ΣΤ/2 06-05-2010 DATCG, DESP of Central Greece
Building project. STAKOD 2008:41
MAGOULA or AG.
GEORGIOS location, M.U. of Anthidona/ CHALKIDA/ EVIA
DATCG, RCIEL of Central Greece
Soil pollution by mineral oils.
An update is anticipated, following action by the DESP of Central Greece and the Region of Evia.
ΣΤ/6
04-12-2010 Inspection by the
HEI.
DATCG, DESP of
Central Greece
Manufacturing and recycling plant of batteries and cathodic protection anodes. STAKOD
2008: 24.43.1
LISIA location, M.U. of Inofita/ TANAGRA/
VIOTIA
DATCG, RCIEL of
Central Greece
Uncontrolled hazardous waste and material management, and soil
pollution due to their unchecked dumping at an outdoor site without a
rainwater collection network, with the waste flowing unchecked into the
soil. IMMINENT THREAT
Decision of 14-09-2011 of the
Secretary General for the implementation of preventive measures and the preparation
of a remedial study.
Transfer of lead slag inside the industrial building, sealing of the site and submission of an additional
management plan. Removal of non-hazardous waste by a licensed operator. Decontamination of the
grounds and possibly of the groundwater, as will be prescribed by the remedial study (Decision of
the Secretary General).
Partial transfer of lead slag inside the
industrial building. The operator is expected to take action, following recommendations from the DESP of
Central Greece.
Page 55 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Type of environmental damage Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or discovery of
damage Agency or
Forwarding Body Activity - Operator
Geographic Location/ Municipality/ Regional
Unit Competent Authority Soil Water Species & Habitats Date of placing under the
Directive Other legislative framework
involved (besides the Directive)
Judicial Appeals/ Outcome Preventive/remedial Measures
Measures Implementation Cost
Measures Completion
Date Measures Implementation Phase
and/or Actions Phase
ΣΤ/9
14-01-2011 Inspection by the
HEI.
DATCG, DESP of
Central Greece
Carrots and onions packaging
plant. STAKOD 2008:10.3
LAPSANA location, L.C. of Mouriki/ THIVA/
VIOTIA
DATCG, RCIEL of
Central Greece
Presence of solid and liquid waste in the soil and within the Lake Yliki exclusion
zone.
Presence of solid and
liquid waste in the soil and within the Lake Yliki exclusion
zone.
1) Decision of 16-12-2011 of the Secretary General for the implementation of preventive and remedial measures. 2)
Decision of 12-08- 2013 of the Secretary General for the implementation of additional
remedial measures. JMD A5/2280/1983
1st Decision of the Secretary General: Immediate shutdown of the operation. Removal of waste by
licensed operators. Quality measurements on the soil. Preparation and submission of an
environment remedial study by the operator, and of a timetable for the removal of facilities and equipment.
2nd Decision of the Secretary General: Removal of washing mud from the reservoirs, filling-up of reservoirs with healthy soil, fencing
and a ban on agricultural use of the area for a period of five years, with a review for lifting the ban after 10
years.
Within four (4) months after the signing of the second Decision of the
Secretary General.
Information on the progress of the implementation of the measures of
the second Decision is anticipated.
ΣΤ/11
23-03-2011
Inspection by the HEI.
DATCG, DESP of Central Greece
Paper mill. STAKOD 2008:17
PALAIA THIVA location, Kato Tithorea
area/ AMFIKLIA - ELATIA/ FTHIOTIDA
DATCG, RCIEL of Central Greece
IMMINENT THREAT Check for soil damage due to the
disposal of solid and liquid waste.
IMMINENT THREAT Check for water damage due to the
disposal of solid and liquid waste in the soil.
Decision of 02-03-2012 of the Secretary General for the
implementation of preventive and remedial measures.
Identification of waste and removal
of waste by a licensed operator, sampling of soil and borehole water, and performance of quality
measurements (Decision of the Secretary General).
There was no response from the
operator. The file has been sent to HEI for the imposition of sanctions.
ΣΤ/12
26-04-2011
Inspection by the DESP of Central Greece.
DATCG, DESP of Central Greece
Two (2) quarries. STAKOD 2008:08
MESOLOFOS location, L.C. of Kiparisi,
M.U. of Atalanti/ LOCRI/ FTHIOTIDA
DATCG, RCIEL of Central Greece YES
Decisions of 14-02-2012 & 28-12-2012 of the Secretary
General for the implementation of remedial measures.
Ministerial Decision Δ7/Α/off. 12050/2223/ 2011
Removal of stored materials and equipment. Restoration of the sites, through additional measures relating
to another relevant legislative framework (Decisions of the Secretary General).
Second Decision in force until 30-11-2013.
Restoration in progress. Information
on the progress of the implementation of the measures is anticipated.
ΣΤ/14 10-05-2011 DATCG, DESP of Central Greece
Mineral oil regeneration, grease production, and slops processing plant.
LAMARI location at Stefani/ TANAGRA/ VIOTIA
DATCG, RCIEL of Central Greece
Soil pollution by mineral oils (WLO).
Decision of 07-11-2011 of the
Secretary General for the implementation of remedial-restoration measures.
Removal of contaminated soil and restoration- filling up of the site (Decision of the Secretary General).
Decision in force until 07-11-2013
An update on the progress of the implementation of the measures is anticipated.
ΣΤ/15 27-05-2011
DATCG, DESP of
Central Greece
Metalworking complex.
STAKOD 2008:07
Larimna, M.U. of Malesina/ LOCRI/
FTHIOTIDA
DATCG, RCIEL of
Central Greece
Historic depositions of powders in three (3) uncontrolled waste disposal
areas around the grounds.
IMINNENT THREAT to
groundwater.
Decision of 19-06-2012 of the Secretary General for the implementation of remedial-
restoration measures. JMD 13588/725/2006
1. Waste characterisation of historical deposits (hazardous or
not). 2. Transportation of historical deposits to a licensed landfill, if found non-hazardous. 3. Removal of
surface soil layer. 4 Control of pollution in the underlying layer. 5. Plant restoration at the sites
(Decision of the Secretary General). Unknown.
Step 1 has been completed. Step 2 will start after amending the DAEC of
the landfill and the preparation of a site for the historical deposits. An updated implementation schedule of
the pending measures is anticipated.
ΣΤ/16
13-06-2011 Inspection by the
Inspection Committee
DATCG, DESP of Central Greece
Borrow pit for highway projects. STAKOD 2008:42.11
PALIOURA location,
181st km of the Athens - Lamia road, M.U. of Kamena Vourla/
MOLOS-AG. CONSTANTINOS/ FTHIOTIDA
DATCG, RCIEL of Central Greece
Unchecked dumping due to the operation of a borrow pit.
Diversion of a stream bed and unchecked dumping into the old
stream bed, due to the operation of a borrow pit.
Decision of 28-12-2012 of the
Secretary General for the implementation of preventive and remedial measures.
JMD 39624/2209/Ε103/2009,
Ministerial Decision Δ7/Α/off. 12050/2223/ 2011
Removal of all facilities.
Restoration of the flow of the stream. Fencing and restoration of the site, through additional measures relating
to another relevant legislative framework (Decision of the Secretary General).
€50,000 (forfeited letter of guarantee in favour of the State).
Work will be completed
by 10/28/2012 (Decision of the Secretary General).
The bulk of the facilities have been
removed. Information on the progress of the implementation of the measures is anticipated.
Page 56 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Type of environmental damage Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or discovery of
damage Agency or
Forwarding Body Activity - Operator
Geographic Location/ Municipality/ Regional
Unit Competent Authority Soil Water Date of placing under the
Directive Other legislative framework
involved (besides the Directive)
Judicial Appeals/ Outcome Preventive/remedial Measures
Measures Implementation Cost
Measures Completion
Date Measures Implementation Phase
and/or Actions Phase
ΣΤ/17 22-08-2011 DATCG, DESP of Central Greece
Warehouse of agricultural supplies: pesticides-biocides -
fertilisers. STAKOD 2008: 52.10.19 (with reservation)
Settlement of Stroviki, M.U. of Akrefnia/
ORCHOMENOS/ VIOTIA
DATCG, RCIEL of Central Greece
IMINNENT THREAT Storage of 32,000 litres of hazardous substances
(fertilisers, etc.) inside a building on the grounds.
Decisions of 22-06-2012 & 18-09-2012 of the Secretary
General for the approval of remedial-restoration works.
Identification and removal of waste and contaminated soil by licensed operators. Sampling of soil and
performance of water quality measurements. Submission of remedial - risk assessment studies
(Decisions of the Secretary General).
> €50,000. BORNE BY THE COMPETENT AUTHORITY. RECOVERY
OF THE COST SUBSEQUENTLY. Within 2013.
Commitment of funds and invitation to tender. An invitation to tender was
also issued in 2012, but was declared unsuccessful.
ΣΤ/18 31-10-2011 DATCG, DESP of Central Greece
Seed oil operation. STAKOD 2008:10.41
KATAVOTHRA location- STENI/ ALIARTOS/ VIOTIA
DATCG, RCIEL of Central Greece
Unchecked dumping of dangerous - ecotoxic liquid waste in a pit in the ground. IMMINENT THREAT
Check by the HEI on 21/06/2013. Information is anticipated.
ΣΤ/21
28-11-2011 The damage was initially
discovered on 28-09-2007 (inspection by the HEI).
DATCG, DESP of Central Greece
Aluminum products plant. STAKOD 2008: 24.42
MEGALI RACHI
location, M.U. of INOFITA/ TANAGRA/ VIOTIA
DATCG, RCIEL of Central Greece
IMMINENT THREAT Check
for soil damage due to the disposal of treated hazardous waste in septic
tanks. Concentrations of heavy metals.
Established
groundwater pollution (borehole) with hexavalent chromium.
Decision of 12-07-2013 of the
Secretary General for the implementation of remedial-restoration measures. JMD 13588/725/2006
Dismantling of septic tanks and filling-up of the empty pits with argillaceous material, after removing
the bottom sludge and temporarily storing it at a suitable place inside the plant, in order to dispose of it at
a licensed hazardous waste collection operation (Decision of the Secretary General).
Within three (3) months from the notification of the Decision.
An update on the progress of the
implementation of the measures is anticipated. The ICOIEL cooperates with relevant Agencies and scientific
bodies in order to provide guidance in dealing with the pollution of the groundwater in the area.
ΣΤ/23 07-12-2011 SSEEI Restoration of old mining sites.
Mantoudi Business
Park, FOURNI location/ LIMNI - AG. ANNA - MANTOUDI/ EVIA
DATCG, RCIEL of Central Greece
Deposition residues within old mining sites. JMD Φ/Α.5.33/15088/945/ 2012
A Technical Report on remedial measures has been requested from the operators (DESP of Central
Greece document of 03.11.2013, following publication of the JMD Φ/Α .5.33/15088/945/2012).
Action by the operators, following a document from the DESP of Central Greece, is pending.
ΣΤ/24 07-12-2011
DATCG, DESP of
Central Greece
Iron-nickel ore enrichment and processing facilities. STAKOD
2008: 24.1 & 24.4
VRISAKIA location at Politika/ DIRFIES -
MESSAPIA/ EVIA
DATCG, RCIEL of
Central Greece
Soil pollution due to the deposition of various hazardous and non-
hazardous waste (lubricant oils, ELVs, used tyres, WEEE, scrap, enrichment
gangue). IMMINENT THREAT
Decision of 22-06-2012 of the Secretary General for the implementation of remedial-
restoration measures. JMD 13588/725/2006
Removal of contaminated soil and other waste disposed in a disorderly manner at the site, by licensed operators. Removal and
management of gangue as provided for by DAEC and restoration of the site (Decision of the Secretary
General). December 2012
Documentation regarding waste removal and the restoration of the
site is anticipated.
ΣΤ/25 14-12-2011 DATCG, DESP of Central Greece
Screw and binder manufacturing plant. STAKOD 2008: 25.94
KARAVOS location at Aliveri/ KIMI - ALIVERI/ EVIA
DATCG, RCIEL of Central Greece
IMMINENT THREAT Check
for soil damage due to the disposal of treated hazardous waste in septic
tanks. Concentrations of heavy metals.
IMMINENT THREAT Check for water
damage due to the disposal of treated hazardous waste in
septic tanks. Concentrations of heavy metals. JMD 13588/725/2006
A pollution assessment study was submitted, along with additional information, by the operator.
Completion of the review of the additional information which was submitted by the operator is pending.
ΣΤ/27 31-01-2012 Fire on 10- 01-2012.
DATCG, DESP of Central Greece
Former secondary aluminum
production plant. STAKOD 2008: 24.42
Gravia /DELPHI /FOKIDA
DATCG, RCIEL of Central Greece
Disposal in the soil of
hazardous and non-hazardous solid and liquid waste and hazardous
gases. Fire due to the presence of these.
Decision of 11-03-2013 of the Secretary General for the
implementation of preventive and remedial measures. JMD 13588/725/2006
Preventing access to the site, safe
removal and management of gas (LPG), reporting on the risk of the waste, submission of a site
remedial-restoration study (Decision of the Secretary General).
An update on the progress of the
implementation of the measures is anticipated.
Page 57 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or discovery of
damage
Agency or
Forwarding Body Activity - Operator
Geographic Location/ Municipality/ Regional
Unit Competent Authority Soil Water Species & Habitats
Date of placing under the
Directive
Other legislative framework
involved (besides the Directive)
Judicial Appeals/
Outcome Preventive/remedial Measures
Measures Implementation
Cost
Measures Completion
Date
Measures Implementation Phase
and/or Actions Phase
ΣΤ/28
08 & 15-03-2012
Inspections by the EQCU and HEI.
DATCG, DESP of Central Greece
(a) Brass products
manufacture and ironmongery metal parts plating plant, and (b) Woodcraft workshop
producing wooden doors and melamine products. STAKOD 2008: 25.61, 24.54,
25.71, 25.72, 25.73, 25.99,16.29 and 31.0
MAEDROSI location, AGIOS DIMITRIOS, Agios Thomas, M.U. of
Inofita/ TANAGRA/ VIOTIA
DATCG, RCIEL of Central Greece
Illegal disposal of treated industrial wastewater.
Illegal disposal of treated industrial
wastewater.
Decision of 06-06-2013 of the Secretary General for the
implementation of remedial-restoration measures.
Decision of the Secretary General
for: 1) General measures (arrangements for a rainwater pipe, filling and sealing of septic tank,
clearing of the unused grounds of the plant and sampling at representative points and reference
points of the grounds). 2) Dealing with surface pollution (removal and transport of polluting surface layer).
3) Addressing of deeper pollution (solidification mixing processes). > €25,000
Within seven (7) months
from the notification of the decision.
An update on the progress of the
implementation of the measures is anticipated.
ΣΤ/29
22-03-2012 Inspection by the HEI. HEI
Metal and non-metal waste recycling and vehicle
dismantling and recycling (ELVs) plant. STAKOD 2008: 38.32 (with reservation)
SCHINEZA location, M.U. of Avlida/ CHALKIDA/ EVIA
DATCG, RCIEL of Central Greece
Soil pollution due to the uncontrolled disposal of
hazardous and non-hazardous solid and liquid waste. IMMINENT THREAT 12-09-2013 ICOIEL
A decision of the Deputy Head of the
Region of 01-06-2012 imposed the temporary total shutdown of the plant, until completion of the
restoration of the site. A remedial study has been submitted by the operator.
Implementation of the recovery plan prior to
environmental licensing for expansion, modernisation, etc.
There is communication with the operator for the completion of the
submitted remedial study, following relevant instructions from ICOIEL and DESP of Central Greece.
ΣΤ/31 21-05-2012
DATCG, DESP of
Central Greece
Former secondary aluminum - and possibly lead - production plant. STAKOD 2008: 24.42 &
24.43
MNIMA KATI location, Ritsona area/
CHALKIDA/ EVIA
DATCG, RCIEL of
Central Greece
Presence of solid hazardous
waste.
Decision of 26-06-2010 of the Secretary General for the implementation of preventive
measures. JMD 13588/725/2006
Transportation of waste indoors, characterisation and removal to licensed disposal or treatment site
(decision of the Secretary General). Unknown.
Waste has been transferred indoors. Pending characterisation and removal
to a licensed site.
ΣΤ/33 26-06-2012
DATCG, DESP of
Central Greece
Petrol Station-Car Wash-Lubrication Operation.
STAKOD 2008: 45.20 & 47.30
6th km of New National Road Psachna - Triada/ DIRFIES -
MESSAPIA/ EVIA
DATCG, RCIEL of
Central Greece
Soil pollution due to the
disposal of liquid waste from a car wash - lubrication operation in an
open earth reservoir.
Appropriate actions for the remedial-
restoration of the reservoir.
An update is anticipated, following the activities of the DESP of Central
Greece and the Region of Evia.
ΘΕ/1
02 & 04-03-2010 Inspections by the
HEI. SSEEI
Plant producing ceramic products. STAKOD 2008:
23.20
6th km Larissa - Sikouri/ LARISSA/
LARISSA
DATCG, RCIEL of
Thessaly
IMMINENT THREAT Risk
of soil damage due to unchecked outdoor dumping of approximately
10,000 tonnes.
IMMINENT THREAT Risk of water damage due to
unchecked outdoor dumping of approximately 10,000
tonnes.
Documents of 18-03-2011 and 08-03- 2012 of the
Secretary General of SSEEI, on the recommendation of compliance-remedial
measures.
A decision of the Prefect issued on 24-11-2010 imposed a permanent total shutdown of the plant and the
sealing of the premises. The as of 24-09-2012 DAEC issued by EARTH Directorate of the Ministry of
Environment, Energy, and Climate Change, included compliance-remedial
measures recommended by the Special Secretary of SSEEI (inventory and identification of
deposits, submission of a removal and/or management plan, submission of a site remedial-
restoration study).
Sealing on 25-11- 2010. DAEC in force until 20-
03-2014. Pending update.
Page 58 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Type of environmental damage Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or discovery of
damage Agency or
Forwarding Body Activity - Operator
Geographic Location/ Municipality/ Regional
Unit Competent Authority Soil Water
Date of placing under the Directive
Other legislative framework involved (besides the Directive)
Judicial Appeals/ Outcome Preventive/remedial Measures
Measures Implementation Cost
Measures Completion
Date Measures Implementation Phase
and/or Actions Phase
ΜΑΚ/1
23-02-2009 Inspection by the
HEI.
DAMT, Forestry Office of
Thessaloniki
Forestry Office of Thessaloniki (Improvement and technical
construction works for the Forest Fire Lane Network of the Suburban Forest of
Thessaloniki).
Suburban Forest of
Thessaloniki SEICH SOU/ THESSALONIKI/
THESSALONIKI
DAMT, RCIEL of Central
Macedonia
IMMINENT THREAT Risk of soil damage due to deposits of asbestos waste
(asbestos pipes) in a forest.
IMMINENT THREAT Risk of water damage due
to the dumping of asbestos waste (asbestos pipes) in a
forest.
Decision of 10-04-2012 of the
Directorate for Forests of the Thessaloniki Prefecture for the approval of a remedial
study. Law 998/1979 Management of asbestos waste. EUR 18,197.10
An update on the approval of funding
for the remedial cost is anticipated.
ΜΑΚ/2
19 & 20-10-2011 Inspections by the HEI. HEI
(A prosecutor’s inquiry is underway to identify the owner of the dumped waste).
1) Area of common land close to Eginio
road junction 2) REMA VOUTHNIKA, settlement of
Kolindro/ PIDNA - KOLINDROS/ PIERIA
DAMT, RCIEL of Central Macedonia
IMMINENT THREAT Risk of soil damage due to the dumping of aggregates, solid
industrial waste and phosphogypsum (estimated quantity 1200 m
3 at site 1).
IMMINENT THREAT Risk of water damage due
to the dumping of aggregates, solid industrial waste and
phosphogypsum (estimated quantity of 6 tuck-loads at site 2).
1) Decision of 14-07-2012 of the RCIEL of Central Macedonia to recommend to
the Secretary General the removal of waste from site 1. 2) Decision of 08/01/2013 of
the Secretary General to charge the waste owner with the cost of recovery.
Waste removed from site 2, one day after their dumping. Radioactivity
measurements were performed on-site. Measurement values were found to be within permissible limits.
Pending removal of waste from site 1 (Decision of RCIEL of Central
Macedonia). The charging of the waste owner with the recovery cost is pending, after a prosecutor’s inquiry
requested by the DESP of Central Macedonia (Decision of the Secretary General).
ΜΑΚ/3
29-05-2012 Thessaloniki Water Supply & Sewage
Company.
DAMT, DESP Central
Macedonia
Spelter craft operation. STAKOD: 25.99 (with
reservation)
Thessaloniki/ THESSALONIKI/
THESSALONIKI
DAMT, RCIEL of Central
Macedonia
Soil pollution due to uncontrolled disposal of
industrial waste.
Decision of 09.01.2013 of the Secretary General for the
approval of a remedial study.
Removal of contaminated soil, filling with healthy soil, periodic sampling and analyses for one year (Decision
of the Secretary General).
Decision in force until
28-02-2013
Restoration in progress. An update on the progress of the implementation is
anticipated.
WEST/1 11-03-2011 SSEEI Former asbestos production plant. STAKOD: 23.65
L.C. of Drepani, M.U. of Rio/ PATRA/ ACHAIA
DAPWGI, RCIEL of Western Greece
Soil pollution due to the dumping of 80,000 m
3 of
hazardous waste (materials containing asbestos and mineral oil residues).
IMMINENT THREAT to surface water and groundwater.
Decision of 07-11-2011 of the
Secretary General for the approval of collection, removal (cross-border
transportation), and remedial-restoration works at the property. JMD 13588/725/2006
An application for
annulment by the operator against the Decision of the
Secretary General, at the Council of State is pending.
Collection, removal (cross-border transportation) of hazardous waste
and contaminated soils (remedial-restoration of property, Decision of the Secretary General). €40,641,500 Information is anticipated.
WEST/3
03-10-2012. The damage appears to
have occurred in early September 2012.
Managing authority of KOTICHI -
STROFILIA WETLANDS (Request for the
restoration of the linear island between the
wetland and the sea, at the Kotichi lagoon).
Unidentified - Various (Unchecked interventions within habitat).
Location of “Kotichi lagoon”,
northern part of the linear island/ ILIA
DAPWGI, RCIEL of Western Greece
Geological degradation due to
unchecked earthmoving interventions (removal and deposition of sediments).
Damage to surface water and possibly groundwater, due to
unchecked diversion of freshwater to the sea, and also due to
interventions reaching the depth of the aquifer.
Degradation of coastal ecosystem. Destruction of
the sand zone. Within the NATURA 2000 network, code No
GR2330009(SPA) and GR2330006 (SCI): Kotichi lagoon
JMD 33318/3028/1998, JMD Η.Π. 37338/1807 / E. 103/2010
Anticipating a study for the determination of remedial measures.
Following the suggestions made by the HEI, the local Agencies of the
Region of Ilia performed an inspection on 11.10.2012, during which the damage was found. A
recommendation for the assignment of a remedial study has been submitted to the competent Regional
Council. The selection of a contractor for the preparation of the study is pending.
WEST/4 26/10/2012 HEI
R.U. Ilia (Storage of pesticides
- plant protection products. STAKOD 2008: 52.10.19 with reservation).
Inside and outside the
warehouse of the Directorate for Rural Economy & Veterinary
Medicine of the Region of Ilia, at Epitalio airport/ ILIA.
DAPWGI, RCIEL of Western Greece
IMMINENT THREAT 23,300
litres of expired pesticides - plant protection products for combating the olive fruit fly,
weighing 29 tonnes. EWC: 02/01/08 *. Risk of soil damage due to a possible leakage.
IMMINENT THREAT In
case of leakage in the soil, risk of water damage.
31-10-2012 Open invitation to
tender from the Region of Ilia, for the removal and destruction of the pesticides.
Removal and destruction of pesticides and cleaning of the warehouse by a licensed operator. €82,000 (VAT included)
Tender implementation on 03-12 - 2012, or
18/12/2012 if canceled or declared unsuccessful.
A contractor has been selected. An update on the progress of the award procedures is anticipated.
Page 59 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or discovery of
damage
Agency or
Forwarding Body Activity - Operator
Geographic Location/ Municipality/ Regional
Unit Competent Authority Soil Water Species & Habitats
Date of placing under the
Directive
Other legislative framework
involved (besides the Directive)
Judicial Appeals/
Outcome Preventive/remedial Measures
Measures Implementation
Cost
Measures Completion
Date
Measures Implementation Phase
and/or Actions Phase
ΠΕ/1 16-07-2010 HEI Dairy - cheese operation. STAKOD 2008: 10.51
PSALIDI area, L.C. of Panagitsa, M.U. of
Levidi/ TRIPOLI/ ARKADIA
DAPWGI, RCIEL of Peloponnese
Soil pollution due to the disposal
of untreated wastewater in the surrounding area. IMMINENT THREAT Pending update.
ΠΕ/2 11-07-2011 HEI
Natural Person (Unchecked
disposal of demolition and excavation materials).
GLYFADA or VALTOS-KANALAKIA
area Kato Vervena/ NORTHERN
KINOYRIA/ ARCADIA
DAPWGI, RCIEL of Peloponnese
Ecosystem alteration,
destruction of vegetation and avifauna habitat. Wetland inside an officially
demarcated area under applicable national provisions: Mount
Parnonas - Moustos Wetland. JMD 33999/2010
Immediate removal of rubble and refuse. Reaching of an
understanding with the managing authority of Mount Parnonas - Moustos Wetland Ecological Park
concerning all possible preventive-remedial actions. Pending update.
ΠΕ/4 15-12-2011 HEI
Hotel-tourist-building and other enterprises (road construction -
habitat alteration). STAKOD 2008: 42.11).
Sand dunes of
Kiparissia - Neochori Kiparissia/
TRIFILIA/ MESSINIA
DAPWGI, RCIEL of Peloponnese
Degradation of coastal
ecosystem. Destruction of dunes and natural vegetation. Alterations of
sea turtle breeding habitat. Within the NATURA 2000 network, code No
GR2550005 (SCI): Sand dunes of Kiparissia.
Decision of 11-07-2012 of the Secretary General for barring access by wheeled vehicles
and for the submission of a remedial study. JMD 33318/3028/1998
Complaint 2156/2011 to the European
Commission. At pre-trial stage (Reasoned Opinion stage). Reply
to Reasoned Opinion, on 23-11-2012.
Direct barring of access by creating
embankments, using plant materials (Decision of the Secretary General).
A remedial study for the sand dunes was to be submitted by 15-09-
2012 (Decision of the Secretary General)
The competent Committee is currently working “for the promotion
of a framework and action for the NATURA 2000 area of Kiparissia”.
ΠΕ/5 04-10-2012 Municipality of Megalopoli
Natural Persons (Illegal burial
of mixed, hazardous and non-hazardous waste).
Forest area of the L.C. of Gefira/
MEGALOPOLI / ARKADIA
DAPWGI, RCIEL of Peloponnese
Soil pollution due to illegal landfills. IMMINENT THREAT 16-11-2012 HEI
Identifying waste, determining its volume and composition, and appropriate management (document
from the SSEEI Special Secretary 24-01-2013).
The work of the RCIEL of Peloponnese is ongoing.
ΠΕ/6 10/12/2012
DAPWGI, Technical Control Directorate -
Department of Natural Resources
Quarry - Marble cutting
operation. STAKOD 2008: 08.11 & 23.70
Public marble quarrying
site, hired by the operator, PSILI VIGLA /
EPIDAYROS/ ARGOLIDA
DAPWGI, RCIEL of Peloponnese YES
Decision of 10-12-2012 of the Secretary General for the termination of the lease and
the environmental restoration of the site.
Removal of mechanical equipment,
implementation of safety measures (fencing, appropriate signs, etc), documentation of the current state,
activation of P.D. 148/2009 (Decision of the Secretary General).
Decision in force until 10-02-2013
An update on the progress of the
implementation of the measures is pending.
10/1
02/04/2013.
Extensive landslide occurred on 26/01/2013, but falls
of materials had occurred as early as October 2011
(inspection by EQCU).
CISD Organisation - CITIZENS INSPECTORATE
FOR SUSTAINABLE DEVELOPMENT
(Request for the prevention and remedy of
environmental damage resulting from an extensive
landslide at a landfill).
Managing authority of the
Landfill. STAKOD 2008: 38.21.21
GRYPARAIKA location
Vasilikos, Zakynthos, Gulf of Laganas/
ZAKYNTHOS/ ZAKYNTHOS
ICOIEL/ MINISTRY OF ENVIRONMENT,
ENERGY, AND CLIMATE CHANGE
Pollution of surface and coastal
waters due to leaks of leachate.
Landfill within the National Marine Park of Zakynthos. Sea turtle habitat
degradation within the NATURA 2000 network, code No GR2210002
(SCI): Gulf of Laganas of Zakynthos.
JMD of 08-06-2011 for the modification and extension of the DAEC, for the restoration
and subsequent maintenance of the landfill.
JMD 33318/3028/1998, P.D. 906/1999
Complaint 103/00 to
the European Commission. Suspension of Decision
imposing a fine by the European Court.
JMD of 08-06-2011 for the modification and extension of the DAEC, for the restoration and
subsequent maintenance of the landfill.
Extension of DAEE until 31-12 - 2015
The findings of the HEI are anticipated, following an in situ
inspection performed jointly by the ICOIEL and HEI, in April 2013.
Page 60 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Type of environmental damage Implementation of Measures & Cost Estimates
Ref.
Date of occurrence and/or discovery of
damage
Agency or
Forwarding Body Activity - Operator
Geographic Location/ Municipality/ Regional
Unit Competent Authority Water Species & Habitats
Date of placing under the
Directive
Other legislative framework
involved (besides the Directive)
Judicial Appeals/
Outcome Preventive/remedial Measures
Measures Implementation
Cost
Measures Completion
Date
Measures Implementation Phase
and/or Actions Phase
Β.ΑΙΓ./1
17-01-2011. The damage is estimated to have occurred in
2010.
ARCHIPELAGOS Institute of Marine
Conservation
Hybrid power plant. STAKOD
2008: 35.11
KATO PROESPERA location, Raches,
Ikaria/ IKARIA/ IKARIA
DAAE, RCIEL of the
Northern Aegean
Dumping of surplus excavation materials, during the construction of a plant,
at a communal rocky foreshore-beach area of approximately 4,180 m
2.
Risk of landslides during
rainfall.
IMMINENT THREAT Environmental
degradation - degradation of the coastal zone, and
possible adverse effects on the ecological potential of
the sea, due to the escape of surplus excavation materials to
the sea.
Degradation of the coastal environment - coastal zone.
Within the NATURA 2000 network, code No 4120005 (SPA): Ikaria
Island (southwestern part).
The opinion of the RCIEL of
the Northern Aegean, of 02-05-2012, recommending first stage recovery and the
preparation of a study.
JMD 33318/3028/1998, JMD
Η.Π. 37338/ 1807/ E.103/ 2010
Stopping any non-licensed dumping of aggregates, until the granting of the required approvals (Documents
of the HEI and the SSEEI Special Secretary). Submission of a Special Ecological Assessment and a Final
Planning Compliance File (DAEC Amendment of 04-07-2012 by SES/Ministry of Environment,
Energy, and Climate Change).
DAEC in force until 31-
12-2013.
An update of the implementation of
the recommendations is anticipated.
Β.ΑΙΓ./2 13-05-2011 HEI
1) Asphalt concrete production plant
2) Ready-made concrete production plant and equipment and construction
materials warehouse 3) Municipality of Chios (as owner of the land). STAKOD
2008: 08.12.1, 23.63
Public area of approximately 150,000 m
2, THOLOS area/
CHIOS/ CHIOS
DAAE, RCIEL of the
Northern Aegean
Soil erosion due to unchecked mining and
materials dumping. Illegal operation of vehicle maintenance workshop.
Surface dumping of waste lubricant oils. Illegal temporary storage of
hazardous waste. Illegal discarding of solid waste (barrels, old metal, plastic
packaging, ELVs).
IMMINENT THREAT
Possible degradation of underground aquifer from waste lubricant
oils.
1) The as of 02-05-2012 opinion of the RCIEL of
Northern Aegean for the implementation of preventive and remedial measures. 2)
The as of 21- 06-2012 document of the Secretary General for the
implementation of preventive and remedial measures. 3) The as of 09-
07-2012 document of the RCIEL of the Northern Aegean for clarifications on
the opinion. Law 998/1979
Removal of ELVs, assessing the situation and preparation of a soil
decontamination study, if required. Safeguarding the rights of the state, demarcation of leased land, stopping
or licensing of illegal activities (RCIEL of the Northern Aegean and document from the Secretary
General). Pending update.
Ν.ΑΙΓ./1
27-07-2011 Inspection by the
HEI. HEI
Municipality of KOS (Illegal construction of a dirt road of
1000 metres in length and with an average width of 6.5 meters, in a state-owned seashore - beach area.
STAKOD 2008: 42.11).
KAMARI, KEFALOS,
Kos Island/ KOS/ KOS
DAAE, RCIEL of the
Northern Aegean
Destruction of the geomorphological structure
of the coastal zone.
Destruction of the
natural bed of the watercourses, with possible consequences such as flooding and
erosion. 27-09-2012 HEI
Expecting notification on the action of
the competent Agencies.
Ν.ΑΙΓ./2 17-07-2012
Complaint by the residents
of Batsi in Andros
Municipality of ANDROS (Dumping of domestic and
other waste. STAKOD 2008: 38.11 & 38.21).
Land area of Batsi Port,
Andros Island/ ANDROS/ ANDROS
DAAE, RCIEL of the Northern Aegean
IMMINENT THREAT due to
uncontrolled waste disposal.
IMMINENT THREAT due to unchecked waste disposal and
possible leakages to the sea.
PENDING (After a partial inspection by the HEI, it was decided that placement under
the Directive was not warranted).
Preventive measures were taken for the protection of the public health
(Decision of the Deputy Head of the Region of 02-08- 2012). Immediate removal of accumulated waste, informing the residents, moving of
bins away from the sea (Marine Environment Protection Directorate).
Refuse collection and
cleaning of the site, on 24-07-2012. Actions for the future licensing, installation and
operation of a baler, as of 27-08-2012.
A decision by the Inspector General for the Environment, according to
Article 13 of P.D. 148/2009, is pending.
Page 61 from 62
TABLE 2: REGISTER OF ENVIRONMENTAL LIABILITY CASES IN GREECE - “OPEN” CASES (43)
Type of environmental damage Implementation of Measures & Cost Estimates
Ref.
Date of occurrence
and/or discovery of damage
Agency or Forwarding Body Activity - Operator
Geographic Location/
Municipality/ Regional Unit Competent Authority Soil Water Species & Habitats
Date of placing under the Directive
Other legislative framework involved (besides the Directive)
Judicial
Appeals/ Outcome Preventive/remedial Measures
Measures Implementation Cost
Measures
Completion Date
Measures Implementation Phase and/or Actions Phase
ΚΡ/1
07-12-2011
Inspection by the HEI. HEI
Unidentified - Various (Illegal interventions in a sensitive ecological area -
embankments, polders, illegal constructions).
Estuary of the Aposelemis River/
CHERSONISOS/ HERAKLION DAC, RCIEL of Crete
Habitat degradation. Area classified as a Wildlife Sanctuary and Protected
Wetland under existing national provisions.
Decisions 1456/2001 &
787/2010 of the Secretary General of the Region of Crete
Restoration of embankments, polders and illegal constructions (DESP of the Region of Crete). Prevention of access by vehicles,
placement of information signs (Heraklion Forest Directorate).
Pending examination by the RCIEL of Crete.
ΚΡ/2
06-02-2012 Inspection by the
Public Health Directorate and sampling of sewage.
Office of the Secretary General of the Ministry of
Environment, Energy, and Climate Change
Managing authority of the Landfill. STAKOD 2008: 38.21.21 R.U. of RETHYMNON DAC, RCIEL of Crete
Contamination of soil due to
the inadequate coverage of waste and its spreading outside the landfill.
Contamination of surface and
groundwater due to non-compliance with the Environmental
Conditions as regards the management of leachate.
Pending examination by the RCIEL of Crete.
ΚΡ/3
21-05-2012 Inspection by the
HEI. The interventions were discovered on 22-04-2012. HEI
Private development company (Illegal interventions within the foreshore).
Coastal zone of Kommos/ FAISTOS/ HERAKLION DAC, RCIEL of Crete
Alteration of the physical relief morphology of the coastline (total destruction of geological formations).
Degradation of coastal
ecosystem. Destruction of dunes and natural vegetation. Alterations of
sea turtle breeding habitat. Within the NATURA 2000 network, code No
GR4310004 (SCI): West Asterousia (from Agios Faraggos to Kokkinos Pyrgos).
As of 21-06-2012 opinion of the RCIEL of Crete concerning action. JMD 33318/3028/1998
Investigated by competent bodies (EQCU of Heraklion and HCMR). Forwarding of information to the DESP of Crete is pending.
The competent Agencies are
investigating the appropriate preventive/remedial measures, in order for them to be forwarded to the DESP of Crete.
Page 62 from 62
Legislative regulations listed in Tables 1 and 2 of Annex
II
1. JMD 13588/725/2006 “Measures for conditions and restrictions on the management of hazardous waste in
compliance with the provisions of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste.
Replacement of Joint Ministerial Decision 19396/1546/1997 ‘Measures and conditions for the management
of hazardous waste’ (B'604)”, Government Gazette, Series II, No 383/2006.
2. JMD A5/2280/1983 "Protection of water used for irrigation of the Capital area from contamination and
infection," Government Gazette, Series II, No 720/1983.
3. Ministerial Decision Δ7/Α/off.12050/2223/2011 "Mining and Quarry Works Regulation”, Government Gazette,
Series II, No 1227/2011.
4. JMD 39624/2209/Ε103/2009, “Measures for conditions and restrictions on the management of waste from
extractive industries, in compliance with the provisions of Directive 2006/21/EC of 15 March 2006 on the
management of waste from extractive industries and amending Council Directive 2004/35/EC of 15 March
2006” (Government Gazette, Series II, No 2076/2009).
5. JMD Φ/Α.5.33/15088/945/2012 ”Approval for the development of the Type A Mantoudi Business Park
(MANTOUDI BUSINESS PARK) at Fourni location of Mantoudi, Municipality of Mantoudi - Limni - Ag. Anna
of the Region of Evia”, Government Gazette, Series II, No 3540/2012.
6. Law 998/1979 "Protection of forests and wooded areas in general", Government Gazette, Series I, No
289/1979.
7. JMD 33318/3028/1998 “Determination of measures and procedures for preserving natural ecotypes
(habitats) as well as the wild fauna and flora”, Government Gazette, Series II, No 1289Β/1998. Compliance
with the provisions of Council Directive 92/43/EEC of 21 May 1992 , "For the conservation of natural habitats
and of wild fauna and flora", and Council Directive 97/62/EC of 27 October 1997 "for adapting to scientific
and technical progress Directive 92/43/EEC ... etc. ".
8. P.D. 906/1999 "Characterisation of terrestrial and marine areas of Laganas Bay and the Strofades islands as
a National Marine Park and characterisation as a peripheral zone of the National Marine Park of the land
area of the municipality of Zakynthos (former municipality of Zakynthos and communities of Vassilikos,
Ambelokipi and Argassi) and the municipality of Laganas (former communities of Kalamaki, Mouzaki, Keri,
Pantokratoras and Lithakias), Prefecture of Zakynthos », Government Gazette, Series IV, No 906/1999.
9. JMD Η.Π. 37338/1807/Ε.103/2010 “Determination of measures and procedures for preserving wild avifauna
and its ecotypes/ habitats, in compliance with the provisions of Council Directive 79/409/EEC of 2 April 1979,
on the conservation of wild birds, as codified by Directive 2009/147/EC”, Government Gazette, Series II, No
1495/2010.
10. JMD 33999/2010 "Determination of uses, conditions and building restrictions for the protection of land and
water areas of the Municipalities of Northern Kynoyria, Leonidion, Skiritida and Apollonas of the Prefecture of
Arkadia; of the Municipalities of Therapnes, Oinounta and Geronthri of the Prefecture of Lakonia; and of the
communities of Kosmas (Prefecture of Arkadia) and Karyes (Prefecture of Lakonia) of the Mount Parnonas -
Moustos Wetland region”, Government Gazette, Series I, No 353ΑΠ/2010.
11. Decision 1456/2001 of the Secretary General of the Region of Crete "Establishment of a permanent Wildlife
Sanctuary at the Aposelemis area of the Chersonisos Municipality, Prefecture of Heraklion, Region of Crete”,
Government Gazette, Series II, No 754/2001.
12. Decision 787/2010 of the Secretary General of the Region of Crete “Approval of the Open City Spatial and
Residential Organisation Plan of the Municipality of Gouves, Prefecture of Heraklion”, Government Gazette,
Series I, No 60ΑΠ/2010.