Stoisits: Entry into the official register of contaminated sites – what happens next to people affected?

Entry into the official register of contaminated sites – what happens next to people affected?

ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of May 10th, 2008

A married couple bought a property in Perchtoldsdorf in 1986. In 2004 it became known that ground water pollution in this settlement had been on the records since 1984. The authorities however, had not conducted a detailed investigation into history of the use of the properties until 2003. This would have been the only way to discover the cause of the pollution and to initiate official measures to limit and remedy the pollution. The Office of the Provincial Government of Lower Austria, the Department for Water, forwarded the specific documents to the Umweltsbundesamt GmbH (Federal Environmental Office), responsible for the register of contaminated sites, only in 2003, to point out the danger potential in the settlement area. The existence of barracks, dating from the 19th century, on this property could not be excluded.

In 2005 the property was eventually entered on the register of contaminated sites. Such an entry necessarily means that the value of the property drops significantly during the investigation and pending deletion from the register of contaminated sites, to which the public has access. In the meantime it is undisputed that the entry under the title "military installation Perchtoldsdorf" had been wrong. The property of the complainants was subsequently shown inter alia as an area where contamination was suspected, "landfill of fire debris Perchtoldsdorf".

The first soil samples in April 2007 revealed a high level of PAH pollution (polycyclic aromatic hydrocarbons) on the property. Due to this soil contamination children playing there frequently, cultivation of economically useful crops or digging below 10 cm are not recommended. The groundwater testing carried out by the authority has not yet been completed, but according to representatives of the authority this also shows pollution.

Ombudsperson Stoisits criticised: "The authorities have remained inactive for a long time". Although they would have had the opportunity since 1990 to enter the property suspected of contamination on the register of contaminated sites after the Decontamination of Contaminated Sites Act came into force, this was not done until 2005. Throughout these years the complainants were therefore left in the dark regarding the actual contamination of their property. Concern about the loss of value of their property since the entry on the register of contaminated sites was a heavy burden for the persons affected.

The representative of the Office of the Provincial Government of Lower Austria promised during the broadcast to decide together with the Federal Office for Environment on further measures as soon as possible after the last test results have been obtained. This gave reasons for hope of a conclusion to the procedure in the near future. "The persons affected need to be in the clear about the situation at long last", Ombudsperson Stoisits appealed to the authority.

Commitment at a school was finally rewarded

In the broadcast of 2.2.2008 Ombudsperson Stoisits reported on an employee at the grammar school BG/BRG Baden, who had been in charge of the office for external students for a number of years. She had organized exam dates on her own initiative, maintained the accounts and looked after the students and exam candidates. Nevertheless she was classified only as a clerk and was accordingly on a low salary. Numerous efforts to bring this unsatisfactory situation to the attention of the school administration failed and the complainant therefore left her job at the school.

The school therefore not only lost a very motivated employee but the "Maturaschule" (similar to a sixth form college), whose students had been looked after very well at the BG/BRG Baden, also lost a dedicated contact person.

The office of the Ombudsperson could now achieve that the complainant received almost € 1,700 as back pay. The school got an additional part-time post and an upgraded permanent position, ensuring trouble free running of the Maturaschule. This is a very satisfying result for Ombudsperson Stoisits as the complainant now receives a salary according to the work she has in fact performed.