Technical committee

Technical board 2021 August 2025-XNUMX May XNUMX

Minutes, 29.1.2025
Meeting number

1/2025

Aika

29.01.2025 16.30 - 18.37

Place

Municipal office meeting room

Minutes inspection

Yes, checked and found to be in accordance with the meeting's procedure.
29.01.2025

Minutes available for viewing

Municipal office meeting room
30.01.2025

Signatory's name

Henna Romppainen
Technical director

§ 1 Legality and quorum of the meeting
Proposal for a decision

The legality and quorum of the meeting are established. The participants in the meeting are noted.

Decision

The motion for a resolution was adopted unanimously.

The meeting was declared legal and had a quorum. The participants in the meeting were noted.

Article 19 was accepted for consideration.

Environmental inspector Taru Luomajärvi was at the meeting as an expert in sections 3-9.

§ 2 Selection of the minutes inspectors
Proposal for a decision

Two minutes reviewers will be elected. In accordance with the agreed practice, the reviewers will be Antti Kivioja and Mika Korkiakoski. The minutes will be reviewed on January 29, 2025 and will be available for viewing on January 30, 2025 on the municipality's information network.

Decision

The motion for a resolution was adopted unanimously.

§ 3 Expiration of the penalty notice procedure / real estate RN:o 250-401-24-2

According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.

An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.

On 21.8.2024 August 59, the Kihniö Technical Board ordered the owner of the property RN:o 250-401-24-2 to connect his property to the property waste transport system by entering into an agreement with Lakeuden Etap. The order had to be complied with regardless of any appeal (JL § 139). The main obligation was enhanced by a running penalty, the basic amount of which is €1000 per main obligation not complied with and an additional amount of €200 for each calendar month following the set deadline.

According to information received from the waste management authority on November 21, 2024, property RN:o 250-401-24-2 has been connected to property-based waste transport. The main obligation has been fulfilled by the deadline, so the penalty notice procedure lapses.

The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty fine.

Prepared by: Environmental Inspector Elsi Hietaranta

Proposal for a decision

The Technical Committee decides to state that the waste management of property RN 250-401-24-2 is in order and the penalty notice procedure will lapse.

Reasons for the decision

The property owner is obliged to connect his property to the organized waste transport. According to the information received from the waste management authority on 25 November 2024, the property has been connected to waste management. The order issued pursuant to Section 126 of the Waste Act to connect the property to waste management has been complied with, so the penalty payment procedure lapses.

Applied legal guidelines

Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144

Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections

Administrative Procedure Act (434/2003) Sections 34, 36

Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8

Kihniö Environmental Protection Authority fee (valid from 1 May 2022)

Appeal

This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.

Decision

The motion for a resolution was adopted unanimously.

For your information

Property owner

§ 4 Expiration of the penalty notice procedure / real estate RN:o 250-405-19-2

According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.

An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.

On 21.8.2024 August 60, the Kihniö Technical Board ordered the owner of the property RN:o 250-405-19-2 to connect his property to the property waste transport system by entering into an agreement with Lakeuden Etap. The order had to be complied with regardless of any appeal (JL § 139). The main obligation was enhanced by a running penalty, the basic amount of which is €1000 per main obligation not complied with and an additional amount of €200 for each calendar month following the set deadline.

According to information received from the waste management authority on November 21, 2024, property RN:o 250-405-19-2 has been connected to property-based waste transport. The main obligation has been fulfilled by the deadline, so the penalty notice procedure lapses.

The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty fine.

Prepared by: Environmental Inspector Elsi Hietaranta

Proposal for a decision

The Technical Committee decides to state that the waste management of property RN 250-405-19-2 is in order and the penalty notice procedure will lapse.

Reasons for the decision

The property owner is obliged to connect his property to the organized waste transport. According to the information received from the waste management authority on 21 November 2024, the property has been connected to waste management. The order issued pursuant to Section 126 of the Waste Act to connect the property to waste management has been complied with, so the penalty payment procedure lapses.

Applied legal guidelines

Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144

Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections

Administrative Procedure Act (434/2003) Sections 34, 36

Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8

Kihniö Environmental Protection Authority fee (valid from 1 May 2022)

Appeal

This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.

Decision

The motion for a resolution was adopted unanimously.

For your information

Property owner

§ 5 Order for joining organized waste transport / property RN:o 250-403-71-10

According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.

An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.

On 4 April 2024, the environmental inspector urged the owner of property RN 250-403-71-10 to join the waste transport. Following this, a letter of consultation was sent to the property on 13 November 2021, giving the property owner the opportunity to submit a response by 30 November 2024, under the threat that the property may then be ordered to join the waste transport through a penalty payment procedure. The party consulted has not submitted a response.

According to information received from the waste management authority on April 29, 2024, property RN 250-403-71-10 has not been connected to property-based waste transportation.

The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty.

Prepared by: Deputy Environmental Inspector Taru Luomajärvi

Proposal for a decision

The Technical Committee decides to state that property RN 250-403-71-10 has not joined the property-based waste transport despite the official's request and has not filed a response in the matter.

Main obligation

The Kihniö Technical Board, pursuant to Section 126 of the Land Use Act, orders the property owner to connect his property RN:o 250-403-71-10 to the property-based waste transport by entering into an agreement with Lakeuden Etap. A copy of the agreement must be submitted to the Environmental Protection Authority within 14 days of receiving notification of the decision.

The order must be complied with regardless of any appeal (JL Section 139).

Reasons for the decision

The property owner is obliged to connect his property to waste transport. Since the request to connect to waste management has not been followed, it is necessary to issue an order to connect to waste management pursuant to Section 126 of the Waste Act.

Section 126, subsection 1 and paragraph 1 of the Waste Act (2011/646)

The supervisory authority may:

1) prohibit a person who violates this Act or a decree or regulation issued pursuant to it, or the Waste Shipment Decree or the Mercury Decree or a regulation issued pursuant to it, from continuing or repeating the conduct in violation of the regulations, or order the person concerned to fulfill his or her obligations in another way;

The owner of property RN 250-403-71-10 has neglected the official's request to join the property-based waste transport and has not submitted a response to the board's decision in the matter. According to information received from the waste management authority on 29 April 2024, the property has not joined the property-based waste transport.

The order issued under Section 139 of the Waste Act to comply with the order despite a possible appeal is justified so that the attachment of the waste to the transport is no longer delayed by an appeal. The property owner has been aware of the obligation for years, but the necessary steps have not been taken despite the reminder and hearings.

Main obligation effect

The Kihniö Technical Committee imposes a penalty payment as an incentive for compliance with the main obligation, which consists of a basic amount set for the obligation and additional amounts for each calendar month following the deadline. The basic amount of the penalty payment for the main obligation is €1000 per non-compliant main obligation and an additional amount of €200 per calendar month following the deadline.

If the main obligation has not been complied with within 14 days of receiving notification of the decision, the technical committee may, in accordance with Section 10 of the Penalty Fines Act, impose a penalty. If the main obligation has been fulfilled by the deadline, the penalty procedure will lapse.

Grounds for a threatened fine

Waste Act (2011/646) Section 129, subsection 1

Unless it is manifestly unnecessary, the supervisory authority shall reinforce the prohibition or order issued under this Act with a threat of a fine or a threat that the measure not taken will be carried out at the expense of the defaulter or that the activity will be suspended or prohibited.

Notification obligation

The property owner is obliged to inform any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.

The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fine Act, of the obligation concerning the property RN:o 250-403-71-10 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.

Fee for the decision

The decision-making fee is EUR 220, in accordance with the environmental protection authority fee approved by the Kihniö Municipality Technical Committee on 26 January 2022, Section 6 (entering into force on 1 May 2022). (Issuance and supervision of an order issued to rectify a violation or omission pursuant to Section 126 of the Waste Act).

Applied legal guidelines

Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144

Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections

Administrative Procedure Act (434/2003) Sections 34, 36

Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8

Kihniö Environmental Protection Authority fee (valid from 1 May 2022)

Appeal

This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.

Decision

The motion for a resolution was adopted unanimously.

For your information

Property owner

§ 6 Response to the appeal filed with the Hämeenlinna Administrative Court in a compulsory administrative matter concerning a soil permit

The Hämeenlinna Administrative Court requests a response from the Kihniö Technical Board to the appeal that Alvarin Sora ja Murske Oy has filed with the Hämeenlinna Administrative Court against the decisions of the Kihniö Technical Board of 11 September 2024, Sections 72 and 73. The deadline for submitting a statement has been set until 31 January 2025.

This concerns the decisions of the Kihniö Technical Board of 11 September 2024, § 72 and § 73, which have ordered Alvarin Sora ja Murske Oy to landscape the property Louhimo RN:o 250-407-3-164 (§ 72) and to build a 1,8-meter-high steel mesh fence on the southern and western borders of the quarry area of ​​the property Vähämäki RN:o 250-407-3-132 (§ 73). The order is reinforced by a threat of commission in § 72 and a running penalty in § 73 as an enhancement of the main obligation.

A proposal for a response to the matter is attached.

Proposal for a decision

The Technical Committee decides to issue a response prepared by the environmental inspector in accordance with the attached annex.

Decision

The motion for a resolution was adopted unanimously.

For your information

Hämeenlinna Administrative Court

§ 7 Statement regarding the amendment to Section 11 of the Waste Management Regulations: Abandonment of regional collection points for permanent residential waste in the area of ​​Kihniö municipality

The Lakeuden Waste Board requests a statement on the amendment to Section 11 of the Waste Management Regulations.

According to the proposal for waste management regulations, the possibility of using regional collection points for waste management in permanent residences in the Kihniö municipality is being eliminated. The reason for the exception was the poor condition of the road network, and the reason is considered to have lapsed.

Waste management can be arranged in accordance with the rest of the area with your own waste container or a shared waste container with your nearest neighbour, which means that the service is close to the user and the service will generally also be more affordable. The change affects 55 households and is proposed to come into effect from 1 May 2025. The current regional collection points will remain for use by leisure residents.

The sites within the scope of regional waste collection in the Kihniö municipality have been mapped by the waste company and it has been determined that at 54 properties the waste container could be emptied in the immediate vicinity of the building and at one site the waste container should be placed along a main road approximately 300 m from an inhabited building.

The regional collection fee for a permanent residence is €19,13/month (incl. VAT). The emptying fee for combustible waste collected from the property, for example a 240 L container, is €8,87/time. The container is emptied at least every two weeks in urban areas and at least every four weeks in sparsely populated areas. The monthly cost for those connected to waste management is then €8,87-17,74 (monthly.

You can apply to the Lakeuden Waste Board or Lakeuden Etap for an extended emptying interval for the incinerator container for your property, if the property sorts and composts biowaste separately. The emptying interval can be extended by a maximum of four weeks in an urban area and eight weeks in a sparsely populated area. The monthly cost for those connected to waste management is then €4,44-8,87 (monthly.

For those involved in waste management, property-specific waste collection is generally more affordable than regional collection. The size of the waste container and the frequency of emptying affect costs, but those involved can influence them through their actions.

Proposal for a decision

The Technical Committee supports the amendment to Section 11 of the Waste Management Regulations of the Lakeuden Waste Committee.

Decision

The motion for a resolution was adopted unanimously.

For your information

Plain Waste Board

§ 8 Issuance of an order pursuant to the Soil Materials Act on a farm I RN:o 250-403-14-36

BACKGROUND

On 31 January 2024, the Technical Committee of the Municipality of Kihniö granted Seija Risberg a joint permit for the excavation and crushing of rock material for a 0,45 ha extraction area and a total extraction volume of 40,000 m3 on the property Rajalammi RN:o 250-403-14-36. The entire area of ​​the plan area is 2 ha. The permit is valid for ten years. A deposit of 15,000 euros has been required as security for the aftercare work, which has not been provided.

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.

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.

Inspection 18.9.2024

On 18 September 2024, the environmental inspector carried out an inspection of the quarry area. During the inspection, several oil-contaminated areas were observed in the southern part of the planning area. However, there has been no extraction activity in the area during the current permit, so either the oil leaks are older or caused by an external party. According to the permit decision, machinery may not be stored, maintained or refuelled in the operating area without appropriate protective structures. During the inspection, no machinery or equipment was found in the area.

The steep slopes of the intake area were not protected and there were no warning signs. To the north of the quarry was a storage pile of crushed stone and a rusted oil drum.

The boundaries of the extraction and excavation area were not marked on the terrain. According to the joint permit decision, the protection zone to be left for neighboring properties must be at least 10 meters and must be left outside the extraction and storage operations. The maximum permitted extraction depth of soil materials is +156,20 (N2000). There was no elevation marking in the area from which the extraction depth could be checked at all times. There was approximately 50 cm of water at the bottom of the quarry, which must be discharged into the environment in a controlled manner before operations begin. According to the joint permit decision, quarry waters must be treated in such a way that they do not cause waterlogging or other harm to neighboring properties. The filter structure built in the operation area must be enhanced with a settling basin if necessary. Direct discharge of quarry waters into a ditch or watercourse is prohibited. Once excavation has begun, the bottom of the extraction area must be sloped so that surface water does not accumulate there in the future.

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.

Security deposit

The licensee's contact person has been in contact via email regarding the security. The licensee has had discussions with the bank. A deposit pledged to a private licensee is the only option for providing security, but according to the contact person this is an excluded option. The licensee would like to negotiate with the municipality about an alternative way to provide security.

COMPLIANCE WITH THE SOIL MATERIAL PERMIT AND CONTROL HISTORY

Since this is an existing rock quarry where aftercare and landscaping work have not been carried out, the security deposit must be posted immediately. The environmental inspector has urged in the inspection memorandum dated 18.9.2024 to post the security deposit immediately. The matter is being moved to administrative enforcement proceedings.

Before issuing a possible order to post a security, the environmental protection authority reserved the opportunity to submit a response to the matter. The response had to be submitted to the Kihniö Technical Board by 20 December 2024, under the threat that the environmental protection authority could then order the posting of a security pursuant to Section 175 of the Environmental Protection Act.

Prepared by: Deputy Environmental Inspector Taru Luomajärvi, tel. 044 7865 650

Proposal for a decision

The Kihniö Technical Board has determined, pursuant to Section 12 of the Environmental Protection Act, that the applicant must provide an acceptable security before the commencement of the extraction activities in accordance with the permit conditions. The security to be provided must be valid until the extraction of soil materials has been completed and the aftercare work has been carried out, but at least one year after the permit decision has been valid. The parties concerned will be heard again regarding the security in May 2025.

The Technical Committee determines that the licensee must, in connection with landscaping, construct a 1,2-meter-high steel mesh fence of permanent construction and as maintenance-free as possible in accordance with the Finnish Highways Agency's guidelines 25/2022 on the border of the Rajalammi quarry area of ​​the property RN 250-403-14-36 to protect steep slopes over 2 meters high. The regulation is necessary for occupational safety and public safety.

Decision reasoning

Section 12, subsection 1 of the MAL

The licensing authority may stipulate that, before taking the materials, the applicant must provide an acceptable guarantee for the performance of the measures prescribed under section 11.

Soil Regulation, Section 8, Subsection 2

The security deposit required under Section 12 of the Soil Materials Act shall be valid until the implementation of all measures required by the permit or its provisions has been approved in the final inspection.

Considering the explanation

Statutory supervision has revealed activities that violate the permit conditions. The supervision is described in this decision, and it shows the warnings given in the matter, their dates and the response to them. The licensee has been heard about the neglect of the warning and an opportunity has been reserved for him to provide an explanation in the matter.

Implementation of the decision

The Technical Committee determines, in accordance with Section 21 of the Soil Materials Act, that this decision must be complied with regardless of any appeal.

Fees and how they are determined

The decision-making fee is EUR 450, determined as follows, in accordance with the soil tariff approved by the Kihniö Municipality Technical Committee on 30 September 2014, Section 60 (effective 1 January 2015):

- decision of the supervisory authority to comply with obligations (MAL Section 14), €150 (fee section 6.2)

Appeal

This decision can be appealed to the Hämeenlinna Administrative Court. The appeal notice is attached to the decision.

Decision

The motion for a resolution was adopted unanimously.

For your information

Property owner / joint permit applicant

§ 9 Administrative enforcement action pursuant to Section 175 of the Environmental Protection Act on the farm Männikkö RN:o 250-407-1-79

BACKGROUND

Maanrakennus K Viitaharju Oy has a joint permit issued by the Technical Committee of Kihniö Municipality on 17.10.2018, Section 50, for the excavation and crushing of 200,000 m of rock material.3 for the total extraction volume on the property Männikkö RN:o 250-407-1-79. The rock quarry has been found to be operating in violation of the joint permit provisions for several years.

Inspection 30.9.2020

The operation had begun even though the permit holder had not requested a start-up inspection (permit provision 3). There were no markings in the area regarding the extraction area or extraction depth required by the permit, and the extraction area had not been protected as required by the permit (permit provision 1). In order to bring the operation into compliance with the joint permit, the operator was given the following instructions before continuing operations in the area:

  • The permit holder must bring to the area by 31 October 2020 the markings of the permitted extraction area or the marking of the property boundary and the height marking on a rock or other permanent object, from which the extent of the extraction area and the height of the extraction can be monitored inside the quarry.
  • protect the area with at least flag lines immediately and no later than October 16, 2020
  • submit a security deposit of €20 in accordance with the soil permit to the municipality of Kihniö immediately and no later than October 000, 16.10.2020
  • submit the report on the agreement for the use of the private road required for the permit by October 31, 2020
  • fill the extraction area that has advanced too close to the neighbor's boundary so that a 10-meter protection zone as required by the permit remains between the quarry and the boundary; in future, excavation must take into account the protection zone required by the permit on the boundaries of neighboring properties
  • fill the extraction area that has progressed too deep with quarries in the area and ensure that the depth of the extraction area is at its lowest +160,00; a height mark must also be made on the rock to monitor the depth of the extraction area
  • submit the security required for the permit to the municipality of Kihniö without delay and no later than August 31, 2021
  • take care of the road contract in accordance with the permit
  • to construct a clarification basin through which the waters of the quarry area must be led in accordance with permit provision 6
  • to fill the too deep extraction with quarries in the area to a level of +160,00 and to slope the bottom of the extraction area so that surface water does not accumulate there
  • to mark the area's interest rate and lowest extraction level in a place where they will remain permanently throughout the extraction operation in accordance with permit regulation 7
  • to mark the boundaries of the quarry area with stakes in the terrain
  • to install a protective mesh fence around the quarry area in accordance with permit provision 1
  • to immediately submit the road contract to the municipality of Kihniö (permit order 30)
  • Joint permit decision, technical committee 17.10.2018 § 50
  • audit memo 27.11.2024
  • orthophoto of the area

In addition to the above measures, it was announced that if the measures required by the permit are not carried out by the deadline, the environmental protection authority may take action to rectify the activity in violation of the permit or suspend the activity in accordance with the permit.

Response 21.1.2021

The permit holder submitted its response to the comments on 21 January 2021. According to the response, the edges were protected with a safety rope, the boundaries and heights were marked on a map and they would be marked with stakes in the terrain after the snow melted. In addition, the height marking would be driven into the rock when the water was pumped.

Inspection 18.8.2021

The steep walls of the extraction area were protected with tape. However, no excavation area markings or elevation markings were observed in the area. According to the submitted map drawing, the water level in the area is +158,46, when the lowest permitted extraction depth is +160,00, so the extraction has proceeded too deep. According to the map, the rock has also been excavated too close to the neighbor's border in the northeastern part of the area. The protection distance should be 10 meters, but the extraction has proceeded a couple of meters from the border.

In order to bring the operation into compliance with the environmental permit, the operator was given the following instructions:

In addition to the above measures, it was announced that if the extraction that has progressed too far and deep is not corrected in accordance with the instructions by 31 December 2021, the environmental protection authority may take action to correct the operation that is contrary to the permit or suspend the operation in accordance with the permit. Repeated violations will also be reported to the police. During the 2021 operating period, 6000 km were extracted from the area3 from rock material.

Inspection 7.9.2022

The plastic strip placed to protect the steep walls of the extraction area was carelessly on the ground. Otherwise, the situation was similar to the previous year and the requested measures had not been carried out. The operator was given similar instructions as in previous years and their deadline was 31 December 2022. No extraction was carried out in the area in 2022.

Inspection 15.11.2023

Based on the inspection, the situation at the rock quarry is similar to 2022. When the permit provisions that are a prerequisite for granting a permit are not complied with, the operation is not in accordance with the joint permit. The inspection memorandum stated that the matter would be referred to the technical committee. The operator was advised to:

  • fills the extraction that has progressed too close to the neighbor's boundary so that a 10-meter protection zone remains between the quarry and the boundary in accordance with permit provision 19

During the 2023 operating period, 10,000 km of the area was taken3 from rock material.

Consultation letter 3.1.2024

The environmental inspector sent the operator a letter of consultation regarding the non-compliance with the permit provisions of the joint permit. The letter of consultation stated that the latest inspection on 15 November 2023 found that the recommendations issued on the basis of the inspection visit carried out on 7 September 2022 had not been complied with by the deadline of 31 December 2022. If the recommended measures to bring the operation into compliance with the joint permit are not complied with, the matter will be referred to the technical committee to initiate administrative enforcement measures. A threat of a fine may be imposed as a reinforcement of the regulations.

Before issuing a possible order to bring the operation into compliance with the joint permit, the environmental protection authority reserves the opportunity for you to submit a response to the matter. The response must be submitted by 31 January 2024, under the threat that the environmental protection authority may then decide on the obligations without a response. The environmental protection authority may further take coercive measures (e.g. a threatened fine) to bring the operation into compliance with the joint permit if the order is not complied with.

Response 31.1.2024

According to the operator, the steep edges of the area are protected with protective ropes and topsoil. The protective ropes have had to be installed several times, as they are apparently being cut in the area. The last time the strips were installed was in the summer of 2023. In the spring, when the snow melts, the plan is to build a mesh fence in the area, which will hopefully stay up better.

The rock elevation markings (the intake level) had been marked on the rock wall by painting, but they were lost during the excavation in September-October 2023. The intake level will be marked on the rock again in the spring, and in addition, efforts are being made to install a pile at the edge of the quarry to mark the intake level.

The elevation of the area has been marked on the stone walls and a map drawing of it has been submitted to the city. The boundaries have been marked with walls, but piles will be installed on them in the spring so that they are more clearly visible.

When mining the area in the fall of 2023, quarry rock was left in storage at the bottom of the pit to fill in any overly deep areas so that the bottom of the pit would be within the permitted extraction depth. During the crushing, quarry rock was used to raise the bottom of the pit, but it was not possible to measure it when winter came.

In addition, quarry stone is used to fill the edge of the neighbor's boundary if the extraction has gone too close to the boundary.

Water has not previously had to be pumped from the quarry area, but if it does have to, a clarification basin will be built on the edge of the area, from which the water will be drained in a controlled manner.

The road contract will be submitted to the Kihniö municipality as soon as possible. The necessary work will be carried out in April-May 2024, as soon as the snow melts.

Compliance with main obligations
On 6 March 2024, the Technical Committee of the Municipality of Kihniö ordered the permit holder, by its decision under Section 21, to submit an agreement on the use of private roads (main obligation 1) and to cease operations in violation of the permit and to restore the quarry to compliance with the joint permit (main obligation 2). A running penalty was imposed as an enhancement to the obligations. Main obligation 1 was fulfilled on 22 March 2024. The deadline for main obligation 2 was 20 May 2024. The permit holder requested an additional week on 23 May 2024. A re-inspection was carried out on 12 June 2024 and it was determined that main obligation 2 had only been partially complied with.

On 11 September 2024, the Kihniö Technical Board decided, in accordance with Section 75, to reserve the permit holder the opportunity to be heard and provide an explanation before the decision to impose a conditional fine. The permit holder submitted an explanation on 30 September 2024. According to the explanation, the schedule has been too tight due to various reasons and additional time for implementing the measures was requested until 15 October 2024. In addition, the explanation states that an application for a change permit is planned for the area to extend the intake area closer to the border of neighboring properties and to deepen the lowest intake level. Additional time was requested for submitting the application for a change permit until 15 November 2024. However, the application for a change permit has not been submitted by the deadline.

Inspection 27.11.2024
The inspection found that a mesh fence had been erected on the northeastern edge of the extraction area to protect against the cliffs. New barbed wire had been installed on the eastern and southeastern edges. No markings were observed from the lowest extraction level. Rock had been blasted from the eastern corner of the extraction area up to the border of the neighboring property. The safety distance to the border of the neighboring property and its slope were still insufficient (less than 10 m). There was plastic debris, pieces of rope and pieces of mirror near the fence. The extraction that had progressed too deep has not been filled and the water level at the bottom of the quarry area is unchanged. The quarry area has not been returned to the state in accordance with the joint permit, so main obligation 2 has not been fulfilled. As a result, the matter will be taken to the technical board, where rock extraction will be suspended and the imposed penalty will be ordered to be paid.

On 21 January 2025, the permit holder submitted a draft of the preliminary land exchange agreement to the environmental inspector. With the agreement, the permit holder would exchange its own property in the designated area 250-407-1-79 for the designated area of ​​the neighboring property in the 250-403-1-24 point, where the excavation has progressed up to the border of the neighboring property. The agreement had not been signed. The change of the designated area does not change the 10-meter protection zone required by the permit conditions. An amendment to the valid permit must be applied for if the delimitation of the extraction area or the protection distances are to be changed.

JOINT LICENSE COMPLIANCE AND SUPERVISION HISTORY

Maanrakennus K Viitaharju Oy has repeatedly acted in violation of the permit provisions of the joint permit and several reminders have had to be issued over the last four years. The reminders issued have also not been complied with to a sufficient extent by the deadlines or within the requested additional periods. The supervision is described in this decision, and it shows the number of reminders issued in the matter and the response to them. For example, the agreement required by the permit for the use of a private road had to be submitted by 31 October 2020.

Along with the agenda:

Prepared by: Deputy Environmental Inspector Taru Luomajärvi, tel. 044 7865 650

Proposal for a decision

The Kihniö Technical Committee states that the party concerned has neglected to fulfill the obligations set out in the Technical Committee's decision of 6 March 2024, Section 21, and there is no valid reason for non-compliance. The Technical Committee sentences Maanrakennus K. Viitaharju to pay the following conditional fine:

  • The basic amount under main obligation 2 is EUR 4000 and an additional amount of EUR 1000 for eight months. The running penalty is valid until the measures under main obligation 2 have been fulfilled.

The party concerned is ordered to pay a total of 12,000 euros.

Main obligation 2: The Kihniö Technical Board prohibits Maanrakennus K Viitaharju Oy from continuing and repeating the procedure that violates permit provisions 1-2, 6-7, 19 and 30 and orders it to restore the quarry area to the condition specified in the joint permit by 20 May 2024. The operations must comply with the joint permit granted for the operation and its permit provisions.

Reasoning: Environmental Protection Act (527/2014) Section 175

“The supervisory authority may:

  • prohibit a person who violates this Act or a provision or order issued pursuant to it from continuing or repeating the conduct in violation of the provision or order, or order the person concerned to fulfill his or her obligations in another way;
  • order the person who acted in the manner referred to in paragraph 1 to restore the environment or eliminate the damage caused to the environment by the violation”

Maanrakennus K Viitaharju Oy has repeatedly neglected permit provisions 1, 7, 19 and 30 of the joint permit and several reminders have had to be issued. The measures in accordance with the reminders have largely not been complied with by the given deadlines.

The deadline for main obligation 2 was set by the board's decision on 20 May 2024. The operator did not comply with the obligations set by the due date. A one-week extension to comply with the obligations was requested only after the original deadline of 23 May 2024. A running penalty payment is ordered for the period between 21 May 2024 and 21 January 2025.

Grounds for a threatened fine

Environmental Protection Act (527/2014) Section 179

“If this Act or the provisions or orders issued pursuant to it have not been complied with, the supervisory authority shall, taking into account the nature of the matter, order the cessation of the procedure in breach of the provisions or orders and take steps to initiate an administrative enforcement case referred to in sections 175 and 176.

The supervisory authority shall monitor compliance with the request and the prohibition or order issued in an administrative enforcement matter.”

Penalty Fines Act (1113/1990) Sections 1, 6-9, 10, 18, 19, 22-24

Maanrakennus K Viitaharju Oy has been heard about the failure to comply with the instructions and has been given an opportunity to provide an explanation in the matter. The response also does not indicate why the boundaries of the property and the intake area and the elevation markings have not been marked. visibly permanent locations before starting operations, so that the extent and depth of the intake can be monitored during the work. Additional time has been given several times to fill intakes that have progressed too deep and close to the neighbor's boundary, but the measures have not been taken despite this. The explanation provided has not highlighted any factors that would allow the recommendations to be considered as a whole to be complied with or the handling of the matter to be considered closed. To the extent that the recommendations have been complied with, the matter has been recorded in the inspection notes and excluded from the order.

Maanrakennus K Viitaharju Oy has the legal and factual ability to comply with the main obligations.

The property owner is obliged to inform any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.

The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fines Act, of the obligation concerning the property Männikkö RN:o 250-407-1-79 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.

Fees and how they are determined

The decision-making fee is EUR 450, determined as follows, in accordance with the soil tariff approved by the Kihniö Municipality Technical Committee on 30 September 2014, Section 60 (effective 1 January 2015):

- decision of the supervisory authority to comply with obligations (MAL Section 14), €150 (fee section 6.2)

- decision to impose a conditional fine (Section 10 of the Act on Conditional Fines), €300 (section 6.5 of the tariff)

Appeal

This decision can be appealed to the Hämeenlinna Administrative Court. The appeal notice is attached to the decision.

Decision

The motion for a resolution was adopted unanimously.

For your information

Civil engineering K.Viitaharju Oy

§ 10 Meeting times and convening of the Technical Committee in 2025

According to Section 129 of the Kihniö Municipality Administrative Regulations, the body decides the time and place of its meetings.

The notice of the meeting shall be sent to members and others who have the right or obligation to attend in a manner determined by the institution. The notice of the meeting shall be sent at least 4 days before the meeting, including the delivery and meeting days. The aforementioned four-day period may be waived if the urgency of the matter so requires, with the consent of a majority of the institution (Administrative Rules, Section 130).

A meeting is also held when the chairman deems it necessary or when a majority of the members of the body submit a proposal to the chairman to hold a meeting to discuss a matter they have announced. In such cases, the chairman sets the meeting time.

Members of the Technical Committee will have access to tablet computers starting June 1, 2025. The use of tablets will enable the sharing of agendas and attachments electronically in the municipality's information network. The introduction of electronic tools will have positive effects - both qualitative and financial - on the operations of technical administration.

Proposal for a decision

The Technical Committee meetings are held as needed and the main meeting day is Wednesday. The meeting place is usually the municipal office conference room. The meetings start at 4:30 p.m.

The meeting invitation includes an agenda, which is sent at least four days before the meeting, including the delivery and meeting days. The meeting invitation can also be sent by email. The agenda, attachments and supporting materials can be shared on the municipality's information network.

In urgent cases, a meeting can also be convened by telephone or email.

Decision

The motion for a resolution was adopted unanimously.

§ 11 Inspection and display of the minutes of the Technical Committee meetings

According to the Kihniö Municipality Administrative Regulations (Section 160): “The minutes shall be signed by the chairman and certified by the recorder. The minutes shall be checked in the manner decided by the institution. The chairman and the inspectors of the minutes may also notify the approval of the minutes electronically, in which case the minutes shall be certified by signatures later. Instructions for rectification and appeal instructions concerning decisions, as well as prohibitions on appeal, shall be attached to the minutes.”

According to Section 140 of the Local Government Act, notification of a decision to a municipal member: “The minutes of the body, with the attached instructions for a claim for rectification or appeal instructions, shall be kept available for viewing on the public information network after inspection, unless otherwise provided for by the provisions on confidentiality. If the matter is to be kept completely confidential, only a mention of the handling of the matter to be kept confidential shall be published in the minutes. Only personal data necessary for obtaining information shall be published in the minutes. The personal data contained in the minutes shall be deleted from the information network upon the expiry of the claim for rectification or appeal period.”

Proposal for a decision

The minutes of the Technical Committee meetings are reviewed by two separately appointed reviewers at each meeting, no later than the date for viewing noted on the agenda.

After review, the meeting minutes will be made available on the municipality's website.

Decision

The motion for a resolution was adopted unanimously.

§ 12 Approval of the Technical Committee's budget utilization plan for 2025

According to the budget and financial plan approved by the municipal council, in the operating budget section, the council sets operational goals and allocates the necessary appropriations and revenue estimates to the institution to carry out its tasks.

The relevant administrative authority further distributes the budget allocated to the task group in its use plan to the responsible units and cost centers, with a breakdown by type of expenditure and income.

Attached is a proposal for a budget utilization plan for 2025, broken down by type of expenditure and income.

Proposal for a decision

The Technical Committee approves the operating plan for 2025 in accordance with the appendix. Necessary changes may be made to the operating plan during the budget year.

Decision

The motion for a resolution was adopted unanimously.

Attachments
§ 13 Application for exemption / holiday home / violation of building rights

Construction site and its location:

The construction site is an existing 4960 m2 building site with property code 250-401-17-1. The construction site borders Lake Kankarinjärvi for approximately 56 meters.

Station diagram as accompanying material.

Suggested action:

A deviation is being sought for exceeding the total floor area of ​​the building site permitted in the building regulations by 21 m2. The applicant wants to build a new leisure building in place of the old one and demolish the old building. The new leisure building will be located 33 meters from the shoreline.

Construction status:

There is an existing leisure building of 96 m2 on the construction site, which was put into use in 2017 after renovation. In addition, there is a sauna building of 24 m2 and a storage building of 30 m2 on the construction site.

Prohibitions, restrictions and schematic situation:

There is no valid waterfront plan in the area. In this case, the regulations and instructions of the Kihniö Municipality Building Regulations apply to construction. The building right for a property under 5000 m2 under section 7.2 of the Building Regulations is 125 m2 of so-called warm space (leisure building, sauna, barn) + 30 m2 of cold storage space + 30 m2 of roof space + 16 m2 of smoke sauna. The buildings must be located in relation to the shore in such a way that the distance from the shoreline to buildings other than sauna buildings must be at least 20 meters. The sauna building can be located at least 15 meters from the shore.

Consulting neighbors:

The neighbors have no objections to the matter. (MRL § 133)

Justifications for the requirement for deviation:

According to Section 171 of the MRL, the municipality has the power to make exceptions.

The current built-up floor area of ​​the property is 150 m2. With the construction of the new leisure building, the built-up floor area of ​​the property would be 156 m2.

The planned construction will not cause a significant change. The construction will adapt to the coastal landscape and other environments. The deviation will not cause harm to the landscape values ​​of the area or to nature and water protection. The deviation will not cause harm to zoning, the implementation of the plan or other organization of the use of areas. The deviation will also not lead to construction with a significant impact or otherwise cause significant harmful environmental or other impacts.

Prepared by: building inspector Raisa Karinsalo-Manninen

Proposal for a decision

The technical committee decides to propose to the municipal government that the deviation be agreed to and sends the decision to the municipal government for approval. The construction must comply with the provisions and regulations of the current Wastewater Decree. The deviation permit decision is valid for 1 year, during which time a construction permit corresponding to the deviation permit must be initiated. The deviation permit decision must be attached to the construction permit application

Decision

The motion for a resolution was adopted unanimously.

For your information

Municipal board

§ 14 Service agreement for the management and cleaning of green areas in the municipality of Kihniö

The municipality of Kihniö has made an annual agreement with the Kihniö 4H Association for the maintenance of the municipality's green areas. The agreement has enabled the green areas to be maintained while also employing local young people. The agreement is for one period and will be updated if necessary. According to the agreement, the estimated total cost of the green works to be carried out during the agreement period from 1.5.2025 to 31.10.2025 is approx. 30,000 euros, VAT 0%.

In 2024, the actual amount was €29,951.25, VAT 0%. The amount also includes landscaping work carried out for municipally owned housing companies.

The draft agreement will be presented at the meeting.

Proposal for a decision

The Technical Committee approves the agreement with the Kihniö 4H Association for the care and maintenance of green areas.

Disqualification

Tiina Jokioja (Administrative Procedure Act 28.1. Section 5 Community law)

Decision

The motion for a resolution was adopted unanimously.

Tiina Jokioja remained silent and left the meeting for the duration of the matter's consideration and decision-making.

For your information

Kihniö 4H Association

§ 15 Korpilahti waterfront development plan proposal

The proposal for the Korpilahti waterfront development plan has been completed. Two comments were received during the draft phase of the plan, to which the author of the plan has submitted responses and made the necessary additions to the plan material. The comments and responses can be found in the appendices.

Proposal for a decision

The Technical Committee approves the Korpilahti waterfront development plan proposal and submits it to the Municipal Board for approval, and that the Municipal Board displays the plan proposal and requests the necessary opinions on it.

Decision

The motion for a resolution was adopted unanimously.

For your information

Municipal board

§ 16 Draft plan for the Savilahdentie waterfront station

The Savilahdentie waterfront plan area borders Lake Nerkoonjärvi. The waterfront plan consists of one part. The area subject to the zoning project has an area of ​​approximately 1,4879 hectares. The total length of the shoreline in the plan is approximately 300m. The waterfront plan applies to the following properties: Kirsikka 250-407-16-13 Cherry II 250-407-16-15 and Bog whortleberry 250-407-16-54.

Regional zoning plan

The Pirkanmaa Regional Plan 2040 is in force in the area, which was approved by the Pirkanmaa Regional Council on 27 March 2022. The planning area is marked as a rural area in the regional plan and no other special markings have been presented for the area in the regional plan. The area is mainly intended for the use of agriculture and forestry and the industries supporting them, but in more detailed planning, the area can be designated as a use with locally significant impacts.

Master plan

There is no valid master plan for the area.

Building ordinance

The Kihniö Municipality Building Regulations were approved by the Municipal Council on 16 June 2014. Shoreline construction is regulated in section 7 of the Building Regulations.

Building ban

There is no building ban in force in the area. However, construction in unzoned coastal areas is restricted by the provisions of Section 72 of the MRL;

A building may not be built in 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 that the master plan or part of it be used as the basis for granting a building permit.

The provisions of subsection 1 also apply to a coastal area where planning of construction and other use for the purpose of arranging a holiday settlement mainly based on the shore is necessary due to the construction expected in the area.

The provisions of subsections 1 and 2 do not apply to:

1) construction necessary for the practice of agriculture, forestry or fisheries;

2) construction for the needs of national defense or border control;

3) construction for maritime needs;

4) the construction of an outbuilding belonging to the same yard as an existing residential building; and

5) repairs or minor expansion of an existing residential building.

Clarifications

Nature survey

A nature study is not necessary. There are no nature reserves or other special natural sites in the area/nearby.

Archaeological inventory

There are no known ancient monuments/protected sites in the area.

Impacts on the planning area

The area targeted by the zoning currently has one summer residence with outbuildings.

The planning area is located approximately 7-8 kilometers from the center of Kihniö. The clean water supply in the planning area is handled by the Nerkoo water cooperative's water pipeline. Wastewater treatment is planned to be organized on a property-specific basis. The planning has regulations on water supply and wastewater treatment. More detailed regulations on these will be issued at the building permit stage. A road that is passable all year round leads to the construction sites. The minimum size of the construction sites should aim to be at least approximately 3000 m2, when the construction sites are not connected to the municipal wastewater network.

Proposal for a decision

The Technical Committee approves the draft Savilahti waterfront station plan and submits it to the municipal government for approval, and that the municipal government displays the draft plan and requests the necessary opinions on it.

Decision

The motion for a resolution was adopted unanimously.

For your information

Municipal board

§ 17 Financial performance 1.1 - 31 March 2024

The technical director presents the financial situation at the meeting.

Accompanying material is a comparison of actual results.

Proposal for a decision

The Technical Committee notes the financial report for the period January 1 - November 30, 2024.

Decision

The motion for a resolution was adopted unanimously.

§ 18 Current affairs

The technical director presents current issues of the technical position.

  • Kihniö traffic safety working group meeting 1/2025, memorandum
  • Kihniö service center traffic and yard plan
  • Results of drainage surveys of Kihniö municipality properties
  • Building regulations and building control fee, technical committee workshop
  • Centralizing the production of cleaning services to sanitation services and recruiting a cleaner
  • Lawnmower leasing
  • Municipal status information service Scenario implementation
  • Planning programming for the Sulkuejärvi residential area
  • Response to moving the veterinarian's premises to Parkano
  • Health center rental negotiations with Pirha, activities of the premises working group
Proposal for a decision

The Technical Committee will note the matters as brought to its attention.

Decision

The motion for a resolution was adopted unanimously.

§ 19 Application for derogation / Permanent residence

Construction site and its location:

The construction site is a property called Rasila, measuring approximately 3700 m2, with property code 250-407-2-49. The construction site borders Lake Nerkoo for approximately 50 meters.

Proposed measure and justification for the application:

A deviation is being applied for to construct a permanent residential building of 137 m2 on the property. The outbuilding on the site of the residential building has already been demolished. Once the residential building is completed, the existing leisure building will be demolished and a 63 m2 carport/28 m2 heated storage space will be built in its place. The total built floor area will be 165 m2. The deviation is related to the generational change of the farm Kovanen 2:168, where plot 2:49 will become the permanent residence of the couple who are giving up the farm.

Prohibitions, restrictions and the planned situation

There is no valid local plan or partial master plan in the area.

In the unzoned area, the Kihniö building regulations are followed. According to section 7.2 of the building regulations, the building right for an unzoned building site of less than 5000 m2 is 125 m2 of warm space (main building + sauna + barn) + 30 m2 of cold storage space + 30 m2 of roof space + 16 m2 of smoke sauna.

Construction status:

There is an existing leisure building of 45 m2 on the construction site. In addition, there is an outbuilding of 30 m2 on the construction site.

Consulting neighbors:

The applicant has consulted the neighbors. No comments.

Building restriction from which an exemption is sought:

There is no valid coastal site plan or partial master plan in the area. The construction of the building site is governed by the building regulations of the municipality of Kihniö. The construction restrictions to which an exception is sought in the application are; Section 72 of the Act on the Use of Areas; no building may be built in a coastal zone belonging to the coastal area of ​​a sea or body of water without a site 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 built floor area does not exceed the total building rights of the construction site in accordance with section 7.1 of the building regulations.

Conditions for derogation and justification for the proposed decision:

Section 171 of the Land Use Act; the decision-making power to grant a deviation permit lies with the municipality.

For a special reason, the municipality may, upon application, grant a derogation from a provision, order, prohibition or other restriction concerning construction or other measures provided for in this Act or issued pursuant to it.

However, a deviation may not be granted if it:

1) causes harm to zoning, the implementation of the plan or other organisation of the use of areas;

2) makes it difficult to achieve nature conservation objectives;

3) makes it difficult to achieve the objectives of protecting the built environment; or

4) leads to construction with significant impacts or otherwise causes significant adverse environmental or other impacts.

The intention is to build a permanent residential building and the necessary supplementary construction on the construction site, which is described in section Proposed action and justification for the application. The construction site meets the requirements of a permanent residential building. The property is accessible by a road all year round. There are permanent residential buildings on the properties adjacent to the construction site. The neighbors have no objections to the project. The building will be equipped with pressurized water and wastewater drainage will be implemented in accordance with the provisions of the current Wastewater Decree.

Applied legal guidelines:

Land Use and Building Act, Sections 116, 117 and 171.

The accompanying material includes excerpts from the location map and site plan.

Prepared by: building inspector Raisa Karinsalo

Proposal for a decision

The Technical Committee decides to propose to the Municipal Board that the deviation be granted on the grounds presented above. The construction must be adapted to the environment and landscape. A construction 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 construction permit application.

Decision

The motion for a resolution was adopted unanimously.

For your information

Municipal board

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