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The Environmental Protection Ministry has completed a memorandum on a draft Contaminated Lands Law, which sets out to regulate the treatment of soil contamination in Israel. The draft of the proposed law was distributed to government ministries for comment within a period of 21 days, as required. The public is also invited to take part in the legislative process by forwarding comments to the Ministry of Environmental Protection by January 11, 2009, as per the instructions on the Hebrew website . Concomitant with increased public awareness about the land contamination problem in Israel, assessment tools and remediation options have been examined in recent years. Contaminated land may endanger public health and the environment both through skin contact with the soil and through inhalation of emitted soil gases and/or sand and dust particles. In addition, leachates may pollute water sources, including groundwater. In recent years, the Ministry of Environmental Protection has dealt with this problem, largely by means of existing legal instruments, including the Hazardous Substances Law, 1993, the Water Law, 1959 and the Business Licensing Law, 1968. However these legal tools have not adequately addressed the problem and the need for drafting a dedicated law on contaminated land arose. After accumulating a great deal of experience on the subject and studying comparative international law, the Ministry of Environmental Protection began to formulate a policy on contaminated lands in Israel, which is expressed in the memorandum dispatched to the government ministries. Inter alia, the proposed law relates to prohibitions on land contamination and requirements for periodic testing. At the same time, it requires assessment of lands suspected of pollution and their treatment if pollution is discovered. According to the attorneys who prepared the draft law in the Legal Department of the Ministry of Environmental Protection, Iris Shalit and Neta Drori, treating the problem of contaminated lands requires significant financial allocations to repair past damages. However, the proposed law will also increase the state's budget and will allow for the collection of financial resources via a dedicated fund, while at the same time, increasing land values, improving land efficiency and enhancing land development opportunities. Following are the salient provisions of the draft law: The aim of the law is to protect the land, remediate it and preserve it as a resource for the benefit of the public, future generations and the environment and to prevent and minimize its contamination, inter alia, through provisions on pollution prevention, performance of tests and surveys, remediation and disposal of contaminated land. The main provisions of the proposed law relate to the following: - Polluting substances, contaminated land and suspected contaminated land: The draft law defines contaminated land as land in which one of the listed polluting substances is found in concentrations exceeding the established threshold.
- Prevention and prohibition of land contamination: The draft law prohibits land contamination and establishes different prevention methods including periodic tests and reporting obligations.
- Soil surveys: Soil surveys check for the existence of polluting substances in the land, their quantities, concentrations and source and serve as the basis for continued treatment. Soil surveys include four phases: historic survey, preparation of a sampling plan, implementation of a sampling program as per the requirements of the competent authority and submission of results and recommendations.
- Remediation of contaminated land: Upon discovery of contaminated land, the holder and owner of the land must immediately take steps to prevent the continuation of the pollution. In addition, remediation must be initiated.
- Civil measures: The draft law relates to several civil aspects of the issue of contaminated lands.
- Contaminated lands remediation fund: This proposed fund, within the framework of the Ministry of Environmental Protection, will concentrate the financial resources to finance and compensate holders and owners of land in cases stipulated by the law. Funds will accrue from the state budget and from levies and fines. The aim of the fund is to ensure the remediation of contaminated lands so that they will safely serve the public and to ensure that such lands will not be abandoned due to inadequate financial resources.
- Inspection and penalties: The draft law relates to the authorization and empowerment of inspectors and to the authority of the Minister of Environmental Protection to issue administrative orders aimed at stopping, preventing or limiting land contamination. Possibilities for administrative financial sanctions for some offenses under the proposed law are also addressed.
- Implementation and regulation: Under the draft law, the Minister of Environmental Protection will be responsible for the implementation of the law and for promulgating regulations pursuant to the law. Another proposal is to empower the Minister of Finance, in consultation with the Minister of Environmental Protection, to grant tax discounts or exemptions as incentives for the treatment of contaminated land.
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