Technical board 2021 August 2025-XNUMX May XNUMX
Minutes, 16.11.20237/2023
16.11.2023 17.00 - 20.02
Municipal office meeting room
Yes, checked and found to be in accordance with the meeting's procedure.
16.11.2023
Municipal office meeting room
17.11.2023
Henna Ala-Kurki
Technical director
The legality and quorum of the meeting are established. The participants in the meeting are noted.
The meeting was declared legal and had a quorum. The participants in the meeting were noted.
Two minutes reviewers will be elected. In accordance with the agreed practice, the reviewers will be Mika Korkiakoski and Mika Shemeikka. The minutes will be reviewed on October 2, 2024 and will be available for viewing on October 3, 2024 on the municipality's information network.
The motion for a resolution was adopted unanimously.
Construction site and its location:
The construction site is a 2620 m2 property called Notkola. The property ID is 250-407-3-110. The property borders Lake Nerkoonjärvi for approximately 43 meters.
Proposed measure and justification for the application:
A deviation is being sought for the construction of a new outbuilding of 29,8 m2 on the property on the same site as the old outbuilding of 23 m2. The old outbuilding will be demolished. The building falls below the 20-meter distance requirement specified in the building regulations by approximately 6 meters, being located 14 meters from the shoreline. The applicant justifies the placement of the building on the terrain conditions of the plot, which is a steep slope, which makes it difficult to place the building at the distance specified in the building regulations.
Prohibitions, restrictions and the planned situation
The property is located in an unzoned coastal area, so the construction complies with the regulations of the Kihniö municipality's building regulations. According to the building regulations, a maximum of one holiday home, sauna and outbuilding may be built on a coastal area, with a total area of 125 m2, when the size of the construction site is less than 5000 m2. In addition, a cold storage room of 30 m2 may be built. The total permitted floor area of the property is 150 m2. The distance from the shoreline to buildings other than saunas must be at least 20 meters, measured from the outer edge of the terrace. In addition, the building must be suitable for the environment and landscape.
Construction status:
The properties have one recreational building of 35 m2, and an outbuilding of 23 m2, which will be demolished and replaced by an outbuilding of 29,8 m2.
Consulting neighbors:
The neighbors have been consulted by the applicant. The neighbors have no objections to the construction and location of the planned building.
Conditions for derogation and justification for the proposed decision:
A municipality may, upon application, grant a derogation from a provision, order, prohibition or other restriction concerning construction or other measures laid down in this Act or issued pursuant thereto for a special reason. However, a derogation may not be granted if it:
-causes harm to zoning, implementation of the plan or other organization of the use of areas
-makes it more difficult to achieve nature conservation objectives, makes it more difficult to achieve the objectives relating to the protection of the built environment; or
-leads to construction with significant impacts or otherwise causes significant adverse environmental or other impacts.
The outbuilding to be constructed is approximately 14 meters from the shoreline, which means that the location of the building deviates from the building regulations.
According to the building regulations, the distance from the shoreline of a building other than a sauna must be at least 20 meters. The floor area of the building is in accordance with the building regulations, maximum 30 m2. The back of the property is on a steep slope, which makes it justified to build an outbuilding closer to the shore. The property's water connection is also located behind the current outbuilding.
The construction will not cause significant harm and will not exceed the overall building rights of the property.
The deviation does not hinder the achievement of nature conservation objectives, the achievement of objectives for the protection of the built environment, or lead to significant construction.
Applied legal guidelines:
Land Use and Building Act, Sections 116, 117 and 171.
The accompanying material includes excerpts from the building order, location map and site plan.
Prepared by: building inspector Raisa Karinsalo-Manninen
The Technical Committee decides to propose to the Municipal Board that the deviation be granted on the grounds presented above. A building permit corresponding to the deviation permit must be applied for from the building control authority within one year of the Municipal Board's decision becoming legally binding. The Municipal Board's deviation decision must be attached to the building permit application.
The motion for a resolution was adopted unanimously.
Municipal board
Construction site and its location:
The construction site is a 3990 m2 property called Ylikoski, whose property code is 250-407—14-67. The property is located in an unzoned waterfront area and borders Lake Nerkoo for approximately 36 meters.
Station drawing as accompanying material.
Suggested action:
An exemption is being sought for the construction of a 100 m2 leisure building and a 30 m2 storage building.
Construction status:
The property is undeveloped.
Prohibitions, restrictions and schematic situation:
There is no valid plan or legal master plan in the area. Therefore, the construction of the area will follow the building regulations of the municipality of Kihniö. Section 7.1 of the building regulations stipulates the placement of buildings in the shore area. The amount of construction under 5000 m2 on a construction site is defined in the building regulations so that the construction site may have a maximum of one holiday home, sauna and storage building, the combined floor area of which may not exceed 125 m2 and the number of floors may not exceed 11/2. The floor area of a separate sauna and storage building may not exceed 30 m2. In addition to the so-called warm floor area, a cold storage space of 30 m2 may be built and a carport of 30 m2 connected to it. The distance of a building other than a sauna from the shoreline according to the mean water level must be at least 20 meters measured from the outer edge of the terrace. The size of the construction site is determined in the building regulations as follows; Outside the local plan area, in a sparsely populated area, the plot size must be at least 3000 m2. When the building is connected to the public sewer network, the area of the construction site may be smaller than the above, but not less than 2000 m2.
Consulting neighbors:
The municipality has consulted the neighbors, and they had no objections.
Justifications for the requirement for deviation:
According to Section 171 of the MRL, the municipality has the power to make exceptions.
The property in question is located on the shore of Lake Nerkoo in an unplanned coastal area, so before the building permit is processed, the building right and the suitability of the construction must be examined through a deviation permit. MRL § 72; No building may be built on a coastal zone belonging to the coastal area of a sea or body of water without a local plan or a legally binding master plan that specifically stipulates the use of the master plan or part thereof as the basis for granting a building permit. The building right of an unbuilt property in an unplanned area must be examined by means of a base space examination. The base space examination determines the property division at the time of the cross-section, which has generally been the date of entry into force of the Building Act and Decree on 1 July 1959 and is used in the base space examination to determine the building right in unplanned and undeveloped coastal areas. Premises belonging to the same base space are examined as a whole. Each building site formed in the coastal area reduces the remaining shore building right of the base space. Building sites located outside the dimensioned area, i.e. more than 200 meters from the shoreline, do not affect the amount of building rights.
The base property of property 250-407-14-67 is property 250-407-14-19(x) Viikeri (modified 9.2.1954). Property Palaneenlahti 250-407-14-20 was divided from Viikeri on 11.3.1963. Property Palaneenlahti II was divided from the remaining property Viikeri 250-407-14-21 on 17.6.1966, which formed property Viikeri 250-407-14-23 (x). The properties Haapaniemi 14:26, Silosenkallio 14:27, Rantaketo 14:28, Prunttiniemi 14:29 and Viikeri 14:30(x) were split off from Viikeri on 3 April 1967.
The properties Heinilä II 14:35, Kotiranta 14:36, Ryysyranta 14:37, Runttila 14:38, Hellinkari 14:39, Yrjölä 14-40, Prunttilahti 14:42, Nurmiranta 14:41 and Viikeri 14:43 have been split from Viikeri 14:43. The properties Kaponen 14:44, Tommila 14:45, Rinneranta 14:46(x), Antinranta 14:47, Peltola 14:48, Vinskilä(x) 14:49 and Viikeri (x) 14:50 have also been split from Viikeri 14:30. The properties Vinskilä (x) 14:49 and Viikeri have been divided into the property Vinskilä 14:68 (2.3.2005). The property Viikeri 14:50 has been divided into the property Rinneranta(x) 14-46, which has been further divided into the property Viikeri 14:69 (3.7.2007). The property Ylikoski 14:67 (28.8.2004) has also been divided into the property Viikeri 14:50.
The established dimensioning principle for deviation permit processing is 4-6 building sites/kilometre of coastline. In this case, there is still planning margin for dimensioning, so 7-8 building sites/kilometre of coastline can be used as the dimensioning principle. The base property 250-407-14-19 Viikeri has had a coastline of 1240 metres, or 1,24 km. The actual length of the coastline has been used in the dimensioning calculation, although there is a promontory on the base property's coastline, in which case the so-called modified coastline should be taken into account in the dimensioning.
Dimensioning calculation: 1,24 km mx 6 pcs / km=7,44 pcs (building rights) < 18 building sites used.
Based on the dimensioning calculation, the result is that the base plot has the right to a maximum of 7,44 building sites, i.e. 7 building sites. 18 properties have been divided from base plot 250 -407-14-67, of which all 18 have used the building right. It can be stated that new building sites cannot be granted through the deviation permit procedure, but the building right of the base plot has been exceeded by approximately 2,5 times. If the matter is examined with the efficiency number 8 reserved for zoning, the corresponding number would be approximately 10, when rounded up. In this case, the building right according to the base plot review would also be exceeded.
Prepared by: building inspector Raisa Karinsalo-Manninen
The Technical Committee does not support granting a deviation permit for the creation of a new construction site and for the buildings planned there. The Technical Committee states that the building right of the property has been examined in accordance with established practice and the instructions of the Ministry of the Environment through a base space review, and the determination of the building right has been carried out using the same criteria as for other similar properties. Making a deviation decision would not be in line with previous decisions and would create an unequal situation in relation to other landowners. It is possible to resolve the matter through zoning, taking into account the established principles of dimensioning and base space for the waterfront area.
The motion for a resolution was adopted unanimously.
Municipal board
Planning area and its location:
The planning area is located on the shore of Lake Nerkoonjärvi, along Leppäsentie. The total area of the area is 1,78 ha. The length of the shoreline of the plan is approximately 400 meters.
Asemakaavan muutos koskee kiinteistöjä 250-407-8-149, 250-407-8-74, 250-407-8-56, 250-407-8-57 ja 250-407-8-73.
The coastal station plan is intended to prepare six planning plots. The landowners of the area have started the planning work. There are currently five separate properties in the area, three of which have holiday buildings. The goal of the planning is to plan 5 holiday building plots (RA) and 1 plot for a permanent residential building (AO).
Zoning situation
Regional zoning plan
The Pirkanmaa Regional Plan 2040 is in force in the Kihniö area. In the regional plan, the plan area is marked as a rural area. The marking indicates areas that are primarily intended for the use of agriculture and forestry and the industries that support them. In more detailed planning, the area can be designated as a land use with a locally significant impact.
Building ordinance
The Kihniö Municipality Building Regulations were approved by the Municipal Council on June 16, 2014.
Building ban
There is no building ban in the area.
A survey of the area's conditions, building stock and other environmental characteristics.
The area is mainly a forested coastal area. There are other holiday home properties and individual farm economic centers in the vicinity of the planning area. There is a large number of holiday homes around Lake Nerkoonjärvi.
Nature survey
A nature and archaeological survey has been carried out for the area based on the statement issued by Ely on May 12, 2023, which states that according to Section 9 of MRL 132/1999; the plan must be based on planning that assesses significant impacts and the studies and reports required for it.
Dimensioning
The draft plan proposes two new holiday building sites and one existing holiday building will be converted into a year-round residence. The new holiday building sites would be formed by dividing the existing holiday building sites into two. The Ely Centre has pointed out in its statement that the construction sites must be based on a parent property survey to ensure equal treatment of landowners in a similar situation. The holiday building sites in the area must have remaining waterfront construction rights to make the division possible. The draft plan provides for a building right of 180 m2 per square meter for the planned holiday building plots. In addition, a cold storage space of 30 m2 and a carport of 30 m2 may be built on each plot.
The total building rights for the detached house plot (AO) are 250 thousand m2. Floor height 1 u3/4.
Observations on the draft plan
As a measure prior to the preparation of the coastal site plan, a baseline survey has been carried out for the area for the purpose of obtaining a deviation permit on 1 December 2021 for the property Tuulenpesä (formerly Piiloranta and Tuulenpesä). The properties in the area to be planned have been included in the baseline survey carried out for the deviation procedure. The deviation procedure has not made it possible to increase the number of building sites in the area, and in this case, it has been advised to resolve the matter using the coastal zoning procedure.
Coastal planning must follow established design principles for coastal areas, such as the calculation of the base area and modified shoreline.
The Technical Committee returns the matter to preparation and asks the drafter of the plan to add a master plan report to the plan material, which presents the dimensioning of the coastal site plan, in order to ensure equal treatment of landowners in a similar situation now and in the future. Before the planning process was initiated, a master plan report was prepared for the coastal area in question in connection with the consideration of the deviation permit procedure, and it was determined that the building rights of the master plan exceed what can be granted with the deviation permit. In such cases, landowners have been instructed to contact a professional planner to determine whether new construction sites can be designated in the area through zoning. The master plan report is an essential document for determining this. The content of the master plan report must be taken into account in the dimensioning when planning the coastal site plan. When drawing up the plan, matters in accordance with Section 39 of the Finnish Land Use Act; Content requirements for a comprehensive plan and Section 54 of the Finnish Land Use Act; Content requirements for a local plan must also be taken into account. The board also asks the author of the plan to respond to the statement of the Pirkanmaa ELY Centre.
The motion for a resolution was adopted unanimously.
Applicant, planning consultant
The owners of property RN 250-403-8-124 are applying for a deviation from Section 12 of the Kihniö Municipality Environmental Protection Regulations, which requires the removal of a decommissioned oil tank from the land.
According to the application, the property's heating system will be changed from oil heating to an air-to-water heat pump system. A 1500-liter plastic oil tank was put into use in 2006. The tank is located in the basement below the storage building, so its removal would cause unreasonable harm to other property, according to the application.
The applicant states that the tank is empty and has a safety basin. The tank must also be cleaned and inspected, and the filling and air pipes must be cut off and plugged out of use.
Review
According to environmental protection regulations, the environmental protection authority may grant an exemption from the obligation to remove an underground tank in individual cases if removing the tank is technically very difficult or would cause unreasonable damage to other property.
Prepared by: Environmental Inspector Elsi Hietaranta
Applied legal guidelines:
Environmental Protection Act, Section 202
Kihniö Municipality Environmental Protection Regulations Section 12
The Technical Board grants the property RN:o 250-403-8-124 permission to leave the decommissioned oil tank in place. The condition for leaving the tank in place is that the tank is intact and no pollution can occur. In addition, the tank's filling and air pipes must be removed. The rescue service and environmental inspector must be notified of the inspection and filling of the tank. In addition, the decommissioned oil tank must be presented on the site plan in connection with any building permit applications.
The board justifies the release by saying that removing the tank from the building is technically very difficult and could cause unreasonable damage to property.
The motion for a resolution was adopted unanimously.
Applicant
The owners of property RN 250-401-4-56 are applying for a deviation from Section 12 of the Kihniö Municipality Environmental Protection Regulations, which requires the removal of a decommissioned oil tank from the land.
According to the application, the property's heating system will be changed from oil heating to a water-to-air heat pump system. A fiberglass 3000-liter oil tank was installed during the construction of the residential building. The tank is located next to the stone foundation and drainage of the residential building, so its removal would be technically difficult and would cause unreasonable damage to other property.
The applicant states that Viialan Water and Heat Oy will empty the tank, clean it, cut off the filling and air pipes, and put the tank out of use.
Review
According to environmental protection regulations, the environmental protection authority may grant an exemption from the obligation to remove an underground tank in individual cases if removing the tank is technically very difficult or would cause unreasonable damage to other property.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Board grants the property RN:o 250-401-4-56 permission to leave a decommissioned oil tank in the ground. The condition for leaving the tank in the ground is that the tank is intact and that no soil contamination has occurred. In addition, the tank's filling and air pipes must be removed. The rescue service and environmental inspector must be notified of the inspection and filling of the tank. In addition, the decommissioned oil tank must be presented on the site plan in connection with any building permit applications.
The board justifies the release by saying that removing the tank from the immediate vicinity of the building and sewers is technically very difficult and could cause unreasonable damage to property.
Applied legal guidelines:
Environmental Protection Act, Section 202
Kihniö Municipality Environmental Protection Regulations Section 12
Technical Committee 16.11.2023 § 69
The motion for a resolution was adopted unanimously.
Applicant
A derogation from the domestic wastewater treatment requirements pursuant to Section 156 d of the Environmental Protection Act (527/2014) is being applied for for property 250-405-7-5, at Järvisuomentie 80/2.
Application
The applicants have submitted an application for a deviation from the wastewater treatment requirements in September 2023. According to the application, the property houses a carpet laundry, the wastewater of which is treated through three septic tanks and discharged into a ditch outside the groundwater area.
Inspection
The property is located in the Linnankylä A 1 class groundwater area, which means that the wastewater treatment system must comply with the provisions of Sections 154 b and 156 c of the Environmental Protection Act (527/2014) by 31 October 2019. In addition, the property is located in the operational area of the Kihniö municipal water supply plant's sewer network (approved by the Kihniö municipal council on 18 June 2012, Section 14) and outside the urban area.
On 18 October 2023, the environmental inspector carried out an inspection of the property's wastewater system to assess the property's obligation to connect to the sewer. The laundry's wastewater (toilet water) and some stormwater are discharged through four concrete septic tanks into a ditch outside the groundwater area. The property's equipment is conventional in terms of wastewater formation, and the wastewater system is likely original. The carpet laundry and wastewater system are located in the groundwater area. The bottom septic tanks have been emptied twice a year. Only the first septic tank was found to have a T-branch. From the discharge point, the wastewater flows through Mustiluoma to Lehmiluoma and further all the way to Lake Linnanjärvi.
Legislation
Pursuant to Section 157 of the Environmental Protection Act (527/2014), the competent authority of a municipality may, upon application, grant a permit to deviate from the basic cleaning requirements in the area referred to in Section 156a for a maximum period of five years at a time. The exemption does not have to be granted even if the conditions are met.
The condition for granting a deviation is that, taking into account the use of the property, the load on the environment must be considered significantly low compared to the load caused by untreated wastewater, or the measures required to improve the treatment system are, due to the high costs and technical demands, considered as a whole unreasonable for the owner of the property. When assessing the unreasonableness of actions from the property owner's point of view, the following is taken into account:
1) the location of the property in the area intended to be extended to the sewer network;
2) the high age of the owner of the property and those who live permanently on the property and other similar special factors related to the life situation;
3) long-term unemployment or illness of the owner of the real estate or other similar social performance impediment.
In accordance with Section 10 of the Water Management Act (22.8.2014/681), a property located within the operational area of a water management plant must be connected to the plant's water supply and wastewater sewer.
Outside of an urban area, a property does not need to be connected to the wastewater sewer of a water supply company if:
1. the property's water supply system was built before the water supply plant's operating area was approved ja the provisions of the Environmental Protection Act (527/2014) are complied with in the discharge and treatment of wastewater; or
2. the property does not have a water toilet ja The discharge and treatment of its wastewater complies with the provisions of the Environmental Protection Act.
The property is not located in an urban area. In this case, the matter will be investigated in the current situation (when the property has a water toilet) in accordance with point 1) of the above section by determining the date of construction of the wastewater system and the current quality and condition. and whether the current system meets the requirements of the Environmental Protection Act.
According to Section 156 a of the Environmental Protection Act, wastewater treatment in groundwater areas used for water supply or suitable for water supply must be brought into line with the so-called basic treatment requirement by 31 October 2019 at the latest. The implementation of the location-based basic treatment requirement for domestic wastewater is reviewed on a treatment system-by-system basis. The location of the treatment system in groundwater areas used for water supply or suitable for water supply is reviewed according to whether any part of it is located inside the groundwater area.
A system based on four septic tanks is not sufficient to meet the basic treatment requirement under the Environmental Protection Act. In this case, because the carpet cleaning and the wastewater system are located in a groundwater area and because the current system does not meet the minimum requirements set for systems located in this way, the wastewater system does not comply with the Environmental Protection Act. Since the wastewater system of the property does not comply with the Environmental Protection Act, and the property is located in the approved sewer network area of the Municipality of Kihniö, the obligation to connect pursuant to Section 10 of the Water Management Act comes into force.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Committee will not grant the property RN 250-405-7-5 permission to deviate from the wastewater treatment requirements.
Reasoning According to Section 157 of the Environmental Protection Act, the requirements for the treatment of domestic wastewater laid down under Section 156a may be waived if, taking into account the use of the property, the environmental impact is considered to be minor compared to the impact of untreated domestic wastewater and the measures required to improve the treatment system are unreasonable for the property owner. The exemption is granted for a maximum period of five years at a time.
In the case in question, the water use and equipment of the property are normal. In addition, the carpet cleaning and wastewater system are located in the groundwater area and the sewerage network area, and the wastewater system does not comply with the Environmental Protection Act. In this case, the obligation to connect pursuant to Section 10 of the Water Management Act comes into force. The costs are not unreasonable in relation to the benefit to be obtained, as the Kihniö-Parkano transfer sewer runs along Highway 23. No groundwater pollution or risk thereof may be caused. The prohibition on groundwater pollution is absolute (Section 17 of the Environmental Protection Act).
Applied legal guidelines Environmental Protection Act (527/2014)Government Decree on the Treatment of Domestic Wastewater in Areas Outside Sewerage Networks (157/2017) Water Management Act (119/2001) Section 10 Environmental Protection Regulations of the Municipality of Kihniö
The motion for a resolution was adopted unanimously.
Applicant
There are 6 groundwater areas in the Kihniö municipality, which are classified as follows:
1st class (water is used or will be used for community water supply or as domestic water more than an average of 10 m3 or for the needs of more than 50 people)
- River Village (Kihniönkylä's Korhosjärvi water intake)
- Kirkonkylä (Kihniö water intake)
- Linnankylä A (Nerkoo water cooperative water intake)
- Lake Naarmijärvi (Kankari water intake)
2st class (an area that is suitable for water supply based on yield and other characteristics)
- Pyhäniemi (water intake closed)
- Mäntylänharju (mainly located in Parkano, the former Linnankylä B solar power plant area connected to the groundwater area from the Kihniö side)
The groundwater protection plan was completed in cooperation between the Häme Environment Centre and the municipality of Kihniö in 1997. It presented various measures to manage and reduce the risks observed in the groundwater areas. The work was guided by a steering group formed by representatives of the municipality and the Environment Centre. The implementation of the proposed measures in the plan was intended to be monitored regularly annually, but no monitoring meetings were held.
The environmental inspector inspected the groundwater areas in April-June 2023 and investigated the current status of the proposed measures presented in the protection plan. In addition, any new observations were recorded. The situation in terms of risks had decreased in some respects. For example, water intakes have been fenced off, transformers have been replaced with park transformers, and the properties in the Pyhäniemi PV area have been connected to the sewer.
No progress has been made in the old gravel extraction areas, which were taken before the soil permit was issued. Several groundwater areas have ponds that have formed as a result of too deep extraction. The old extraction areas are also devoid of vegetation in places and are unsightly in terms of landscape with steep cliffs. Despite requests, no notifications are made about domestic extraction from groundwater areas, and soil is also taken to the groundwater level.
The markings indicating groundwater areas were not in order in any of the PV areas. During the review of the need for updating, the wastewater systems or oil tanks of the properties were not reviewed, but it is likely that the systems do not meet the requirements set for groundwater areas in the Environmental Protection Act and Environmental Protection Regulations. An explanation has been requested about the wastewater systems of a couple of individual properties. One of these has been advised to connect to the sewer because the property is located in an operational area.
The groundwater area-specific action proposals for 1997, the 2023 inspections and the action proposals made are presented in the accompanying material.
Prepared by: Environmental Inspector Elsi Hietaranta tel. 044 7865 650
The Technical Committee decides to note the implementation of the proposed measures presented in the protection plan for monitoring purposes and to continue to take action to reduce the risks identified in accordance with the protection plan and to contribute to the reduction of new risks, including bringing wastewater systems to the level required by law. Monitoring of the measures will be carried out at least every three years in the future.
The board will send the monitoring data to Kihniön Vesi ja Lämpö Oy, the Pirkanmaa Welfare Region Rescue Department, and the Pirkanmaa ELY Centre for information and possible measures.
The decision to update the protection plan will be made together with the ELY Centre based on observations made.
The matter was left on the table.
Seija Risberg is applying for a joint permit under the Soil and Environmental Protection Act for the excavation and crushing of rock material for the property RN:o 250-403-14-36, od. Rajalammintie, Kihniö. The property is owned by the applicant. The permit is being applied for for 10 years. The area of the operating area is 2 ha and the extraction area is 0,4 ha, from which approximately 40,000 m of rock material will be extracted.3The contact person is Nils-Erik Risberg.
The need for a permit is determined on the basis of Section 27(1) of the Environmental Protection Act, Annex 1, Table 2, items 7c and 7e (quarry, crushing plant) and Section 27(2) of the Environmental Protection Act (activity that may cause unreasonable burden on the basis of the Neighbourhood Relations Act). The competent permit authority is the municipal environmental protection authority pursuant to Section 2(6) of the Environmental Protection Decree.
Previous permits
The area has previously had a soil permit from 2012 to 2022 and is now applying for a joint permit to continue the operation. The operation has not previously had an environmental permit for quarrying and crushing. Rock materials have been quarried from approximately 0,7 ha of the area.
Location and environmental conditions
The rock quarry is located on Rajalamminvuori, approximately 2,5 km east of the center of Kihniö at the end of the forest road leaving from Rajalammintie. The rock quarry is not located in a groundwater area. The surrounding area is used for forestry.
The nearest disturbed sites are residential buildings in the surrounding areas. The nearest residential building is the applicant's and is located approximately 400 meters to the northeast. Three other residential buildings are located within a 500-meter radius along Rajalammintie. The nearest holiday home is located approximately 600 meters to the south on the shore of Syyslampi.
The nearest body of water, Rajalampi, is located approximately 120 meters away. Surface waters from the rocky area flow through Rajalampi, Syyslampi and Palolampi to Sulkuejärvi. The distance from the rocky area to Sulkuejärvi is approximately 4,5 km along ditches and streams. There are no areas of value for nature conservation, ancient monuments, valuable rocky areas or cultural environments in the nearby area.
Zoning situation
The Pirkanmaa regional plan does not include any special markings in the rock quarry area, but rather the area belongs to a rural area. There are also no municipal land use plans in the area.
Admission and aftercare measures
A joint permit is being applied for for the extraction and crushing of rock material for a period of 10 years. The area of the planning area is 2 ha and the extraction area is 0,4 ha. The aim is to direct the extraction from the old extraction area to the north and east. According to the application, the total amount of rock material to be extracted in the area is 40,000 m3An average of 6,000 tonnes and a maximum of 30,000 tonnes of crushed rock are mined and crushed per year.
A flat area of 0,45 ha in the southern part of the planning area will be used as the crushing and storage area. A depot area will be built on the northwestern edge of this area, where equipment will be stored.
The trees in the intake area will be felled and the topsoil will be stripped from the rock in the intake area and stored at the edges of the intake area. The rock quarry will be crushed using mobile equipment and the crushed material will be stored at the intake area. The edges will be excavated vertically and shaped with topsoil to a slope of 1:3. The elevation of the base of the intake area is proposed to be the old intake level +156,20. The elevation of the Rajalampi pond is approximately 152,40, which is approximately four meters lower than the lowest elevation of the rock material intake.
According to the application, the area does not need a clarification basin to clarify quarry waters. A channel has been blasted into the rock, from which the water drains into Rajalampi and further into Syyslampi, from where the water flows through ditches into Sulkue. The channel is filled with coarse rock material, which enables filtration. A separate sedimentation basin is not needed.
According to the waste management plan for mining waste, topsoil and wood each amount to 1000 kg. Topsoil is used to shape slopes. Wood waste is collected for chipping.
Traffic in the area takes place along the farm road leading to the intake area from Järvi-Suomentie and Rajalammintie.
During the permit period, the rock will be mined and crushed 2-3 times. The crushing will be done outside the summer season. During the year, there will be 20 days of crushing, 10 days of drilling, 10 days of breaking, 5 days of blasting and 30 days of loading and transportation.
The steep slopes of the intake area will be protected with flag lines. Aftercare measures will be carried out when the activities in the area have ended. The slopes will be shaped and the slopes will be eased to a gradient of 1:3 on the surface areas of the area. The upper and lower ends of the slopes will be shaped flexibly in relation to the surrounding terrain. The area will be left to reforest with natural seeding.
Environmental impacts and prevention of harm
The operation is not expected to cause any disturbing noise to the environment. The operation will also not have a significant impact on the soil, groundwater, nature or waterways.
The risks are related to oil and fuel leaks from machinery and equipment. No fuels will be stored in the intake area and unnecessary vehicle traffic will be avoided in the planning area. To minimize risks, refueling and maintenance of loading and transport equipment will only take place at a point built for this purpose. Possible disadvantages will be minimal, as the operation will not be located in a groundwater area.
Proceedings
The joint permit application was submitted to the municipality of Kihniö on 20 June 2023. The permit application was announced on the municipality's website between 22 June and 26 July 2023. In addition, a separate notification was sent to six properties in the affected area about the pending application.
Statements from the environmental health service of the city of Sastamala and the Pirkanmaa ELY Centre were requested regarding the permit application.
Environmental health care of the city of Sastamala announces in its statement on July 20, 2023 that the health protection authority has no objections to the permit application.
ELY Centre The statement issued on August 11, 2023 states that the following should be taken into account when processing a joint permit:
- In areas susceptible to disturbance, noise generated by operations must not exceed the outdoor noise guideline values laid down in the Government Decision on Noise Level Guidelines (993/1992).
- Noise sources must be located as low as technically possible in the operating area. Raw material, topsoil and product storage piles must be kept high enough to prevent the spread of noise and must be located in such a way that the spread of noise to noise-sensitive areas is prevented.
- If the stone crushing plant is located less than 500 meters from a site susceptible to interference, such as a residential building, the noise must be prevented using the best noise prevention measures in terms of acoustics (e.g. enclosures or rubber mats).
- Noise barriers must be built in the immediate vicinity of the noise source.
- If a stone crushing plant is located less than 500 meters from a site susceptible to disturbance, dust must be prevented from entering the environment by using the best available dust control technology (e.g. by watering or enclosing emission sources).
- Storage piles and vehicle loads must be watered if necessary and dust from vehicles must be prevented from spreading outside the operating area.
- If the distance of the operation from noise-sensitive sites is less than 500 meters, no crushing, drilling, demolition or blasting, nor loading or transportation may be carried out on weekends or public holidays, but on weekdays during the following operating hours:
- crushing from 7:00 a.m. to 10:00 p.m.;
- drilling from 7:00 a.m. to 9:00 p.m.;
- violation between 8:00 a.m. and 6:00 p.m.;
- explosions from 8:00 a.m. to 6:00 p.m.; and
- loading and transportation between 6:00 a.m. and 10:00 p.m.
- The bottom of the intake area must be sloped so that surface water does not accumulate there. The drainage of water must not cause waterlogging or other harm to adjacent properties.
- The entry of fuels and other substances that pose a risk of environmental pollution into the soil and groundwater must be prevented. Any emissions must be reported immediately to the supervisory authority.
- Placing waste, surplus materials, etc. in the intake area is not permitted.
- The extraction area must be maintained in accordance with the Ministry of the Environment's guide (Sustainable Use of Soil Materials, 2023). The permit must specify the aftercare measures. Only clean soil may be brought into the area for aftercare in addition to the material already in the area. A soil layer of approximately half a meter thick is sufficient for forest growth and for the area to adapt to the surrounding nature and landscape. An unauthorized landfill must not be formed in the area. Soil materials that introduce alien species into the area must not be used for landscaping. After rock extraction in the area or sub-area has ended, the edges must be sloped to a slope of approximately 1:3.
- If there is a lot of earthworks transport in a short period of time, e.g. dozens of transports per day, it would be a good idea to consider placing a warning sign on the main road with an additional sign "earthworks" approximately 300 m before the junction from both directions of arrival.
No reminders were left about the permit application during the time it was on display.
Applicant did not respond to statements and reminders.
Inspection
The environmental inspector inspected the rock quarry area on 6 September 2023. The inspection found that a pond had formed at the bottom of the quarry area. The area does not contain any particularly important habitats or noteworthy species. The pine-dominated coniferous forest is not suitable as a habitat for the flying squirrel.
Unnumbered supporting material:
Map attachment showing the location of the rock area
Aerial view of the area
Statement by the Pirkanmaa ELY Centre
Prepared by: Environmental Inspector Elsi Hietaranta
The Kihniö Technical Board grants Seija Risberg a joint permit for rock excavation and crushing on the property RN:o 250-403-14-36, address Rajalammintie Kihniö, primarily with the following permit provisions and otherwise in accordance with the application dated June 16, 2023.
Permit requirements:
1.Permit validity and responsible person
The joint permit is valid until 17.11.2033 November 40, by which time the extraction and landscaping must be completed at the latest, unless a new application is submitted to continue the operation during the validity period. A maximum of 000 m3 of rock can be quarried.
The applicant has appointed Nils-Erik Risberg as the contact person, whose responsibility is to ensure that the operating hours and regulations in the joint permit are complied with in the joint permit area. Any change of contact person must be notified to the supervisory authority.
2.Delimitation of the extraction area, permitted extraction levels and markings
Extraction operations are permitted in the extraction area presented in the application. The storage of aggregates must be located in the storage area or in the extraction area once the space has been vacated. The boundaries of the extraction and excavation area must be marked on the terrain with clearly visible stakes. The protection zone to be left for neighboring premises must be at least 10 meters and the protection zone must be left outside the extraction and storage operations.
The maximum permitted extraction depth for soil is +156,20 (N2000). There must be a height marking in the area (triangular trestle or marking on the stone/rock surface) from which the extraction depth can be checked at all times.
3.Operating hours
Crushing, drilling, breaking and blasting of rock material, as well as loading and transporting it, are prohibited between 1.6 June and 31.8 August.
Daily operating hours on weekdays are:
- crushing from 7:00 a.m. to 10:00 p.m.
-drilling from 7:00 a.m. to 9:00 p.m.
-violation between 8:00 and 18:00
-explosions from 8:00 a.m. to 6:00 p.m.
-loading and transportation 6:00 a.m.-10:00 p.m.
4.Noise suppression
The equivalent noise level caused by the operation must not exceed the daily reference value of 55 dB (LAeq) for residential properties or 45 dB (LAeq) for holiday homes in the courtyards and living areas of the disturbed properties, as set out in the Government Decision (993/1992).
The crushing plant should be located so that it is as well protected as possible from the nearest disturbing objects. The spread of noise should be prevented by enclosure and rubber mats. The spread of noise should also be prevented by the placement of storage piles.
5.Preventing dust nuisances
Dust caused by operations must not exceed the limit value for the concentration of respirable (PM10) particles set out in Government Decree (79/2017) in the yards and residential areas of the disturbed sites.
Aggregate storage piles and traffic areas must be watered if necessary so that dust does not cause any inconvenience to nearby properties. The permit holder must also ensure that dust caused by transportation does not cause any unreasonable inconvenience to nearby properties along Rajalammintie, which requires dust containment during dry seasons.
6.Protection of groundwater and surface water
Fuels, other environmentally hazardous chemicals or hazardous waste must not be stored in the collection area without appropriate protection. Any fuel tanks must be double-walled or have a fixed sump and roof. Fuel tanks must be equipped with an overfill prevention and spill prevention device.
Machinery may not be stored, maintained or refueled in the operating area without appropriate protective structures.
Quarry water must be treated in such a way that it does not cause wetting or other harm to neighboring properties. The bottom of the intake area must be sloped so that surface water does not accumulate there. The filter structure built in the operating area must be enhanced with a settling tank if necessary, if solid matter or other substances polluting the water body enter the water body. Direct discharge of quarry water into a ditch or water body is prohibited.
7.Waste disposal
The surface soils of the area must be used for landscaping in accordance with the waste management plan. Waste must be stored and handled in a way that does not cause untidiness, littering or danger to the environment. Waste must not be burned or buried in the operating area.
Hazardous waste must be stored on the property in such a way that it does not cause pollution of surface or groundwater or soil contamination. Hazardous waste must be stored in sealed, closed and appropriately marked containers or tanks, covered or on a raised platform so that the waste can be collected in the event of a leak. Hazardous waste must be delivered to a facility that has been granted a hazardous waste treatment permit or a facility that is approved as a hazardous waste reception site.
Recoverable waste, such as scrap metal, must be delivered to an operator approved as a metal collection point for recovery.
8.Housing safety
The steep edges of the intake area must be protected with safety ropes and warning signs. No safety-impairing materials or large stones may be stored above the ramps of the ramps.
9.Monitoring and tracking of operations
The operator must monitor the spread of noise, dust and stormwater from the area caused by the operation and, if necessary, take measures to prevent any harm.
If the environmental protection authority deems it necessary to conduct studies on the adverse effects of the activity, the permit holder is responsible for the costs of the studies.
According to Section 7 of the MURAUS Decree, noise generated by operations in sites susceptible to disturbance must not exceed the outdoor noise guideline values laid down in the Government Decision on Noise Level Guidelines (993/1992). There are residential buildings within a radius of 500 m from the operation area, so noise must be measured once in the yard of the nearest disturbed site. The measurement must be carried out by an external party during the first operating period. The measurement ensures that noise does not exceed the outdoor noise guideline values in sites susceptible to disturbance.
According to Section 6, Subsection 3 of the MURAUS Decree, if a stone crushing plant is located less than 500 meters from a building used for residential or holiday accommodation or from a yard area intended for residential use in its immediate vicinity or from another object susceptible to disturbances, the noise must be prevented using the best noise prevention measures in terms of acoustics. Noise barriers must be built in the immediate vicinity of the noise source.
Air quality in areas where people live or stay and where people may be exposed to air pollutants is regulated in the Government Decree on Air Quality (79/2017). Dust from operations must not exceed the limit value for the concentration of respirable (PM10) particles set out in the decree in the yards and living areas of such sites. People live within a radius of 500 m from the operation area, so the particle concentration must be measured once in the yard of the nearest disturbed site. The measurement must be carried out by an external party during the first operating period. The measurement ensures that dust does not exceed the outdoor air limit values in sites susceptible to disturbances.
According to Section 4, Subsection 4 of the MURAUS Decree, if a stone crushing plant is located less than 500 meters from a building used for residential or holiday accommodation or from a yard area intended for residential use in its immediate vicinity or from another object susceptible to disturbances, dust must be prevented from entering the environment by using the best available dust control technology. If necessary, storage piles and vehicle loads must be watered and the spread of dust from vehicles outside the operating area must be prevented.
The permit holder is liable for any damage caused. For compensable damage that was not anticipated in the decision, the injured party has the right to seek compensation in accordance with the procedure laid down in the Environmental Protection Act.
The permit holder must keep records of factors affecting environmental protection, such as the amount and duration of excavation and crushing operations. The records must be submitted to the supervisory authority upon request.
Any operational disruptions to the facility that cause more significant emissions than usual must be reported to the supervisory authority, and any oil spills must be reported to the Pirkanmaa Welfare Region Rescue Service.
10.Landscaping and aftercare
The extraction area must be maintained in accordance with the Ministry of the Environment's guide (Sustainable Use of Soils, 2023). After the extraction operation is completed, the edges of the area must be sloped to a minimum slope of 1:3. The stored topsoil from the area must be spread on the slopes as a growth medium for the forest. If clean soils are brought to the area from elsewhere for afforestation of slopes and the bottom, a separate plan for the removal of the soils must be submitted to the supervisory authority. If the forest does not regenerate naturally, supplementary plantings must be carried out in the area.
If plans other than afforestation are made for the catchment area during the validity period of the joint permit, an amendment to the aftercare work must be applied for well in advance of the permit's expiration. An unauthorized landfill must not be formed in the area. Soil materials that introduce alien species into the area must not be used for landscaping.
11.Inspections and supervision to be carried out
Before commencing extraction operations in accordance with this permit, the permit applicant must request the supervisory authority to conduct an initial inspection on site, which will determine the markings of the extraction area, any structures for storing machinery, and permit requirements.
An annual inspection is held annually and a final inspection is held before the end of the permit period, when the extraction of soil materials has been completed and the aftercare work has been completed.
The person taking soil must annually submit a notification to the Notto system regarding the amount of soil taken in accordance with the Soil Act and Section 9 of the Soil Decree.
12.Security deposit
As security for the aftercare work, the permit holder must provide a security of €15,000 to the Municipality of Kihniö before the commencement of soil extraction. The security must be valid until the soil extraction has been completed and the aftercare work has been carried out, but at least one year after the permit decision has been valid. If the conditions of the permit are not complied with, the Municipality of Kihniö has the right to have the necessary aftercare work carried out using the security.
Reasons for the decision
Taking into account the permit application, the location of the activity on the property, the statements received and the permit provisions of the decision, a permit for rock excavation and crushing in accordance with the Environmental Protection Act can be granted. The activity also does not cause a permanent unreasonable burden as referred to in Section 17 of the Act on Certain Neighbourhood Relations. The activity meets the minimum requirements set out in VNa 800/2010 on the grounds set out below.
A soil permit can be granted in accordance with the application and permit conditions. The area has no special scenic or nature-related values and the operation is not located in a groundwater area.
Designating a contact person ensures that the operation is carried out in accordance with the permit provisions (permit provision 1).
Permit Order 2 has been issued to protect soil and groundwater.
Permit regulations 3-9 has been issued to prevent and minimize health and environmental harm. Time restrictions ensure that the harm does not become unreasonable for nearby properties and that the operation meets the requirements of Decree 800/2010 of the Government of Finland. Even if the guideline values are not exceeded on nearby properties, excavation and crushing will cause a nuisance to nearby areas. Summer time is excluded from the operation so that the harm does not become unreasonable for nearby properties.
The daytime noise level is limited to comply with the regulation on noise guidelines.
Permit Regulations 6 and 7 has been issued to ensure that the operation does not cause pollution of the soil or other parts of the environment.
Permit Regulations 9 and 11 has been issued for regulatory reasons. The operator must be aware of the environmental impacts of its operations. When the operator has not demonstrated in the permit application that the guideline values set for noise and the limit values set for dust are not exceeded, the permit holder must measure the concentrations to ensure that the guideline values and limit values are maintained.
Requirements set out in the statement, reminders and opinion
In response to the statements, it is stated that they will be taken into account in accordance with the permit decision. Health hazards are prevented by permit regulations. The points presented in the statement of the Pirkanmaa ELY Centre are taken into account. Based on the inspection carried out in the area, there are no particularly valuable natural sites or habitats in the plan area, so a separate nature assessment is not required. The quarry operations are located within a 500 m radius of disturbed sites, so the permit holder must measure the values set for noise and dust to ensure that the permitted noise level and particle concentration are not exceeded. The treatment of quarry waters is considered sufficient when the bottom of the extraction area is sloped so that surface water does not accumulate there, but must be led away from the area along the filter structure. If necessary, the filter structure must be enhanced with a settling basin. After the rock extraction is completed, the extraction area must be maintained in accordance with the Ministry of the Environment's guide and the edges must be sloped to a minimum slope of 1:3.
Reminders No permit application was submitted.
Applied provisions
Environmental Protection Act (527/2014) Sections 6, 7, 16, 19, 20, 22, 27, 39, 40, 42-44, 47a, 48-49, 58, 62, 66, 83, 85, 87, 94, 113, 114, 130, 172, 190, 191 and 205
VN Decree on Environmental Protection (713/2014) 2, 11-15 sections
VN Decree on the Environmental Protection of Quarries, Other Quarrying and Crushing Plants (800/201) Sections 4, 6-10, 12 and 13
Land Materials Act (555/1981) § 1, 3, 4, 4a, 6, 7, 10-13, 19, 20, 23 and 23a
Finnish Government Decree on the Taking of Soil Materials (926/2005) 4, 6-9 sections
Decree of the Government of the Republic of Finland on Extractive Waste (379/2008) 4, 8 sections
Act on Certain Neighborhood Relations (26/1920) Sections 17-18
Waste Act (646/2011) Sections 8, 12, 13, 29, 72, 118 and 119
Finnish Waste Decree (179/2012) Section 20
Finnish Air Quality Decree (711/2001) Section 3
Government Decision on Noise Level Guideline Values (993/1992) Section 2
Technical Committee 12.3.2018 and 26.1.2022 § 6
The matter was left on the table.
Applicant, Pirkanmaa ELY Centre
The Technical Committee's proposal for the budget for 2023 and the financial plan for 2025-2026.
The accompanying material includes the budget proposal for 2024 and the financial plan for 2025-2026.
The Technical Committee approves the budget proposal for 2024 and the financial plan for 2025-2026, as provided in the accompanying material.
The motion for a resolution was adopted unanimously.
Municipal government, municipal council
Pirkanmaa Wellbeing Area / Pirkanmaa Rescue Department has approached the municipality's technical department regarding the necessary modifications at the Kihniö fire station in July 2023. The need for a change of premises is based on the reorganization of the tenant's (rescue department) operations, according to which the Kihniö fire station will start as a so-called hybrid station from 1 January 2024. The hybrid station will house both rescue and first aid units. At the Kihniö station, this means that first aid personnel and an ambulance will move to the fire station premises and instead of the current unmanned station, the premises will house a first aid on-call service. The modification needs are mainly related to measures to improve the functionality of the equipment hall and the construction of first aid office, storage, social, rest and lounge areas.
The user's (tenant's) modification needs were identified in a site inspection on July 13, 2023, and the design was started on August 10, 2023. Sitowise Oy was responsible for the design (main design, architectural design, structural design, building services design). The plans were approved by the user on October 17, 2023. A building permit will be applied for the modifications.
A request for tender for the overall contract has been prepared for the alterations. Tenders have been requested from three construction companies in a restricted procurement. Two tenders submitted by the deadline of 3 November 2023 at 12:00:
- Marko Mustajärvi Oy, total price 66,800 euros VAT 0%
- Seinäjoen Rivirakenne Oy, total price 79,400 euros, VAT 0%
The total cost estimate for the project based on the bids received is:
- design €10,000
- construction and HVAC contract €67,000
- separate purchases €9,000 (lifting doors and locking changes)
- additional and modification work reserve 5% €4,000
TOTAL 90,000 euros.
The share of the annual renovation-type work belonging to the landlord and work on other premises in the contract is estimated to be approximately 40,000 euros. The share of the contract resulting from the tenants' relocation needs is approximately 50,000 euros.
Negotiations with the tenant regarding the costs of the conversion project are still ongoing. During the project, it has become clear that Pirha will conduct a review of the structural changes related to the adjustment of finances and operations in November 2023, and therefore cannot make new commitments before the cost-saving measures program is completed.
Plans, tender documents and offers will be available for viewing at the meeting.
Technical committee
- approves fire station change plans
- authorizes the technical director to conduct the necessary negotiations with the tenant regarding the distribution of the costs of the modifications and the impact on the rental price
- decides to select Marko Mustajärvi Oy as the contractor for the modification work, if the Pirkanmaa Well-being Area / Pirkanmaa Rescue Department starts hybrid station operations in Kihniö as planned starting on January 1, 2024, if the tenant agrees to cover the costs incurred from the modification work in the rental price.
The motion for a resolution was adopted unanimously.
Marko Mustajärvi Ltd, Seinäjoki Row Construction Ltd
The Consumer Safety Act (920/2011) requires service providers to prepare a safety document for certain consumer services. Such consumer services refer to a service that is provided primarily to private individuals in a location for use in their leisure time, hobbies and other activities. In the municipality of Kihniö, a safety document must be prepared for the following services:
- gym
- playground
- skateboarding area
- adventure, experience and nature service
- swimming pool
- beach
It has not been reliably established from the archives of the Technical Service that the safety documents have been prepared or that they are up to date and available. The Technical Service Administration has begun preparing safety documents for the sports venues under its responsibility. The content of the safety document is in accordance with the provisions of the so-called Safety Document Decree (1110/2011). A service provider may prepare one common safety document for several services of the same type.
The safety document for public areas of the municipality has been prepared to cover playgrounds and skateboard areas, outdoor fitness areas, playing fields and ice skating rinks, and frisbee golf courses located in public areas. The safety document for these has been prepared jointly.
A safety document must still be prepared for the beaches, gym, health centre pool section and Geopark Käskyvuori cross-country trail. The educational services/sports and outdoor activities services must check, prepare and update the safety document for gym activities. In the health centre pool section, each operator must take care of preparing the safety document. The technical department is responsible for renting these two facilities, not for providing services. The safety document for the Geopark Käskyvuori cross-country trail is prepared in cooperation with the sports department.
Safety documents are made available on the municipality's website and at the site, when it can be stored indoors.
The Technical Committee approves the safety document for public areas of Kihniö Municipality and sends it to the Education Committee for information and completion.
The motion for a resolution was adopted unanimously.
- Inspection report on Kihniö municipality's sports and playground services / Tukes
- Road lighting in sparsely populated areas
- Hämeenlinna Administrative Court decision regarding the old school
The Technical Committee will note the matters as brought to its attention.
The motion for a resolution was adopted unanimously.