ASIA

Provisions related to the termination of activities subject to an environmental permit pursuant to Section 94 of the Environmental Protection Act (527/2014).

BACKGROUND

The operation has ended after the Kihniö Municipality Technical Committee rejected the Kihniö Game Management Association's environmental permit application for a rifle range on property RN:o 250-893-1-3, at Piikkiläntie, by its decision under Section 82 on 28 September 2022. The decision of the Kihniö Technical Committee has become legally binding on 7 September 2023 by the decision of the Vaasa Administrative Court (decision 1105/2023).

BASIS FOR THE DECISION AND JURISDICTION OF THE LICENSING AUTHORITY

Shooting range operations located in groundwater areas are subject to a permit pursuant to Section 28, Paragraph 1, Annex 4, Paragraph 7 of the Environmental Protection Act (527/2014). If the environmental permit does not contain sufficient provisions for the termination of the operation, the permit authority must issue regulations to this effect (Section 94, Paragraph 3 of the Environmental Protection Act). The provisions of Section 96 shall be observed in the handling of the matter.

According to Section 2, Section 13a of the Government Decree on Environmental Protection (713/2014), the municipal environmental protection authority is the competent licensing authority in the environmental permit matter for an outdoor shooting range. Regulations regarding the cessation of operations are issued by the same licensing authority. The administrative regulations of the municipality of Kihniö specify that the technical committee acts as the environmental protection authority.

INITIALIZATION OF THE CASE

On September 13, 2023, the Kihniö Game Management Association submitted a plan for closure measures and on October 10, 2024, a report on soil contamination to environmental control.

PERMITS, AGREEMENTS AND PLANNING STATUS CONCERNING OPERATIONS

Following the decision of the Administrative Court, the environmental inspector has on 27.9.2023 urged the Kihniö Game Management Association to submit a plan for the closure of the shooting range and a report on the soil contamination. The closure of the operation is guided by Section 82 of the decision of the Kihniö Technical Committee of 28.9.2022. The decision stipulates that the operator must submit a plan for the closure measures to the licensing authority within one year of the entry into force of this decision. The plan must present measures for the restoration of the area, the removal of structures, and a report on the soil contamination and the need for cleaning in the area, including a timetable. The licensing authority will decide on the necessary measures in connection with the approval of the plan.

The shooting range area is located on a property owned by Metsähallitus, from which the Kihniö Game Management Association has leased 0,6 ha of the shooting range area. The lease agreement has expired on 31 December 2022. In addition, the shooting range area is located in the Naarmijärvi Class 1 groundwater area and the distance from the shooting range to the Kankari water intake is less than 100 m. The range is located entirely within the estimated near-surface protection zone of the water intake.

The shooting range is not marked in the Pirkanmaa regional plan. The area is marked as an important groundwater area suitable for water supply. According to the plan regulations, it must be ensured in the groundwater area that activities do not endanger the quality, quantity or use of groundwater. The effects of environmental disturbances must be prevented with sufficient technical solutions and/or protection areas. There are no municipal land use plans in the area.

STRUCTURES IN THE AREA AND RESEARCH CARRIED OUT

The rifle range has a combined 75-meter deer/bullet range, and the shooting direction is northwest. As a rule, the range is used for shooting with .308 and .93 caliber weapons and some miniature rifles. The shooting volume is approximately 3500 rounds with deer rifles and 500-1000 rounds with miniature rifles per year.

Structurally, the shooting range area consists of a shooting range, a target area, an intermediate area between them, and a back wall behind the target area. The back wall of the range is made of earth. The masses were replaced and whitewashed at the turn of the 1990s/2000s. The range has a covered, wool-lined, and insulated shooting shelter with insulation panels on the sides and back at a shooting distance of 75 meters. In addition, the range has moving deer rails and a storage room for target equipment.

To investigate the effects of the shooting range, water samples were taken from the Kankari Water Cooperative's groundwater intake and a nearby groundwater pond in November 2021. The samples were tested for lead, arsenic, antimony, zinc and copper concentrations. The samples were also compared to a sample taken from the water cooperative's water distribution network in 2020. According to the results, the limit values ​​​​according to the Domestic Water Decree were not exceeded in any of the samples.

A soil contamination survey was carried out at the shooting range by Taratest Oy in October 2024. Based on the sampling carried out at the shooting range, lead and antimony in particular have ended up in the structures of the range with bullets, which are mainly concentrated in the backfill to a depth of at least 50 cm. Copper threshold levels were also found to be exceeded in the topsoil of the backfill. For lead, the lower guideline value according to the PIMA Regulation has also been found to be exceeded in the topsoil around the front area of ​​the target rail.

MEASURES TO BE PROPOSED FOR TERMINATION OF OPERATIONS

The Kihniö Game Management Association's closure plan states that the structures on the site will be dismantled and delivered to the Lakeuden Etap office during 2023. The soil will be leveled to match the surrounding landscape. On 18 October 2023, the environmental inspector prohibited the leveling, digging and moving of soil in the area until a pollution report has also been submitted to the environmental control and the Pirkanmaa ELY Centre. After this, the licensing authority will decide on the necessary actions.

SOIL CONTAMINATION SURVEY

Taratest Oy has conducted a soil contamination survey at the Kihniö shooting range on behalf of the Kihniö Game Management Association. The contamination surveys were conducted on 1 October 2024..

Nine representative research points were selected from the area to determine soil contamination. Test pit sampling was carried out with an excavator to a depth of approximately 0-0,5 m. The pits were approximately 1 mx 1,5 m in size. Seven of the test pits were made in the back wall and in the foreground of the target rail, and two in front of and behind the shooting range canopy. A total of 24 soil samples were taken from these nine research points. Lime was detected in each test pit in the back wall.

A total of 5 aggregate samples were formed from the samples from the test pits at different depths, and a total of 8 samples were analyzed. The samples were analyzed for heavy metals.

Guideline values

The concentrations of pollutants analyzed in soil samples have been compared with the threshold and guideline values ​​set in Government Decree 214/2007 on the assessment of soil contamination and the need for remediation (VNa 214/2007, the so-called PIMA Decree). According to the decree, soil contamination and the need for remediation must be assessed if the threshold value of one or more substances is exceeded. The PIMA Decree specifies that soil is considered contaminated in a groundwater area when the concentration of any pollutant detected in the soil exceeds the threshold value level. The threshold values ​​of the PIMA Decree apply to the shooting range area, because the property is located in the Naarmijärvi groundwater area.

Research results and their interpretation

In the composite sample of the background embankment KOK1&2_0-0,1 m, a lead concentration exceeding the hazardous waste limit value in accordance with VNa 214/2007 of 3160 mg/kg (hazardous waste limit value 2500 mg/kg), an antimony concentration exceeding the lower guideline value of 35,1 mg/kg (lower guideline value 10 mg/kg) and a copper concentration exceeding the threshold level of 116 mg/kg (threshold value 100 mg/kg) were found.

In the composite sample of the background embankment KOK3&4_0-0,1 m, a lead concentration exceeding the hazardous waste limit value in accordance with VNa 214/2007 of 2700 mg/kg (hazardous waste limit value 2500 mg/kg), an antimony concentration exceeding the lower guideline value of 31 mg/kg (lower guideline value 10 mg/kg) and a copper concentration exceeding the threshold level of 122 mg/kg (threshold value 100 mg/kg) were found.

In the composite sample of the background embankment KOK1&2_0,3-0,5 m, a lead concentration of 618 mg/kg was found, exceeding the lower guideline value in accordance with VNa 214/2007 (lower guideline value 200mg/kg), and an antimony concentration of 5,4 mg/kg was found, exceeding the threshold level (threshold value 2 mg/kg).

In the composite sample of the background embankment KOK3&4_0,1-0,3 m, a lead concentration exceeding the upper guideline value in accordance with VNa 214/2007 of 1450 mg/kg (upper guideline value 750 mg/kg) and an antimony concentration exceeding the threshold level of 9,97 mg/kg (threshold value 2mg/kg) were found.

In sample KK7/N7 0-0,1 m, a lead concentration exceeding the lower guideline level of 234 mg/kg (lower guideline value 200 mg/kg) was found.

Follow-up measures

The conducted research points found that the threshold and guideline limits of the PIMA Regulation and the hazardous waste limit value were exceeded for the pollutants studied. Lead concentrations exceeding the hazardous waste limit value were found in the background embankment composite samples KOK1&2 and KOK3&4. In addition, antimony concentrations exceeding the lower guideline level and antimony and copper concentrations exceeding the threshold value were found in these background embankment composite samples. A lead concentration exceeding the lower guideline value was found at research point KK7/N7. No exceedances of the threshold and guideline levels of the PIMA Regulation were found for the pollutants studied in the other samples studied.

Based on the sampling carried out, the composite samples at the background embankment research points KOK1&2 and KOK 3&4 and the area around the front area of ​​the target rail KK/N7 are found to be contaminated with the pollutants examined in the vicinity of the test pits.

Soil cleanup by mass replacement is recommended for the site. The contaminated soil is estimated to be approximately 300 m³, and the pollution is severe, making mass replacement a suitable option from a cost and environmental perspective. A more precise amount of contaminated soil will be determined during excavation. The report presents an estimate based on the pollution studies carried out.

Any soil clean-up work must be carried out under the supervision of an environmental technical supervisor. The cleaning of the soil in the contaminated area and the utilization of the soil excavated in connection with the cleaning in the excavation area or the removal for processing elsewhere can be started by notifying the Pirkanmaa ELY Centre. The notification must be made in good time, however, no later than 45 days before the start of the work phase that is essential for the cleaning.

IMPACT OF IMPLEMENTING THE CLOSURE PLAN ON THE ENVIRONMENT

The environmental impacts of closing the railway depend on the implementation method. The largest

The environmental impact would be from removing the impact points of the background embankments. Contains harmful substances

land is estimated to be about 300 m³. Digging of backfills may cause temporary increased dissolution of lead bound to finer or smaller soil particles.

The demolition of shooting range structures does not pose any special risks or long-term impacts on the environment.

NOTIFICATION OF THE CLOSURE PLAN

As the landowner of the shooting range property, Metsähallitus has an opportunity reserved.

to be heard on the closure plan and the pollution report. Hearing and informing other interested parties by public announcement and in the newspaper has not been necessary considering the nature of the matter. (YSL Section 96)

Consultation with Metsähallitus

Metsähallitus' statement was also submitted in connection with the applicant's response on 21 November 2024. The statement states that the land lease agreement for the shooting range between Metsähallitus and Kihniö rhy has expired on 31 December 2022. Since the shooting range operator has not been granted an environmental permit to carry out its operations, and the lease agreement has therefore not been extended, the terms of the lease agreement come into effect: Termination of the agreement and measures at the end of the lease period.

Within three (3) months of the termination of the lease, the tenant must, at his own expense, remove any buildings, structures and equipment he may own, including foundations, and other property from the leased area, clean the leased area, and hand over the area to the landlord for free use.

The shooting range operator must immediately remove the structures in the rental area and clean the shooting range/area to the condition it was in before the rental period, in accordance with the instructions of the supervisory authority.

An inspection of the area can be carried out after the measures have been taken.

Requested opinions

A statement on the pollution assessment was requested from the Pirkanmaa ELY Centre, which issued a statement on the matter on 18 November 2024.

Statement by the Pirkanmaa ELY Centre

The Pirkanmaa ELY Centre has reviewed the reference site report and states that the contaminated soil at the site must be cleaned up because the area is located in a groundwater area and there is a water intake nearby. The Pirkanmaa ELY Centre is the competent authority for measures related to the cleaning up of contaminated soil. Supervision of other measures to close the shooting range falls under the responsibility of the municipal environmental protection authority.

According to the instructions of the Pirkanmaa ELY Centre, any soil remediation work must be carried out under the supervision of an environmental technical supervisor. A plan must be drawn up for the remediation of the area, which must be sent to the Pirkanmaa ELY Centre for review. Based on the plan, the ELY Centre assesses the necessity of a possible PIMA notification (Notification of the remediation of contaminated soil and groundwater).

In a situation where the party cleaning the soil does not own the property to be cleaned, a document of the property owner's consent must be attached to the plan, which shows that the property owner is aware of the cleaning work and approves of it.

Hearing the applicant

The applicant was heard on the statement on 20 November 2024. The applicant submitted a response to the statement of the Pirkanmaa ELY Centre on 21 November 2024.

To the Pirkanmaa ELY Centre

The shooting range and its buildings in the area will be reused. The intention is to take soil from the front of the shooting range with a loader into tractor trailers and drive the soil as the base of the Hongistonkangas forest road, at property 250-403-2-33. The landowner has been contacted and is happy with this.

The preparation of the legally effective partial master plan for the Mäntiperä energy park has progressed to the approval stage.

The proposed plan has been on display from 2 September 2024 to 2 October 2024. The plan developer has responded to the statements and objections made regarding the proposed plan and has taken the impacts into account in the plan material submitted for approval.

Planning consultant Esa Säkkinen and project implementer representatives Matias Partanen and Kari Tuominen will be at the meeting via Teams to present the planning issue.

The Municipal Initiative Service has an initiative submitted on August 7, 2024.

Content of the initiative:

The municipality of Kihniö must apply to the Finnish Transport and Communications Agency for a ban on the use of jet skis in Kankarinjärvi in ​​accordance with the Water Traffic Act and at the same time abandon the construction of a guest boat pier in the area.

Reasoning:

Kankarinjärvi is a lake located in Kihniö, Pirkanmaa, Finland, and is part of the Parkanonjärvi area of ​​the Ikaalinen route drainage area in the Kokemäenjoki watershed. The lake is shallow, with an average depth of two meters and a deepest point of less than 12 meters. The waters of 16 peat production areas have previously been diverted to the lake.

A large number of holiday homes have been built on the shores, which are also located on three islands. The shores are dotted with rocks and small unnamed islets. The lake is a humus-rich lake with both clear and brown water. Large-scale peat production in the area has been discontinued and the lake is recovering.

Disadvantages of jet skis:

• As a result of long-term peat production, peat dust that has settled on the bottom of a shallow lake is being stirred up and causing oxygen depletion.
• The area's leisure residents particularly value the natural peace and quiet, which jet ski traffic destroys.
• Jet skis are mainly used by tourists, for whom unmarked, rocky coastal waters are dangerous.

Response to the initiative:

Water transport is subject to the right of every person. Authorities may restrict or prohibit the movement of water vehicles if it is necessary to protect traffic, the environment, fishing or other means of livelihood, or for the sake of public recreation or other public interest. Prohibitions and restrictions concerning water transport are issued by the Finnish Transport and Communications Agency Traficom.

A new ban or restriction is applied for from the Finnish Transport and Communications Agency Traficom. The application can be made by a municipality, a member of a municipality, or an authority, community or owner of a water area that is affected by the matter.

Traficom may prohibit or restrict the use of a specific type of motorized watercraft in a specific area if its use causes particularly significant harm to nature or other environments, fishing or other industries, general recreational use of nature or other public interests. However, it should be noted that prohibitions or restrictions regarding a specific type of watercraft can only be imposed in cases where it can be demonstrated that a specific watercraft causes particularly significant harm in a specific area. Accordingly, such prohibitions or restrictions cannot be imposed proactively or for large areas just in case.

The municipality of Kihniö does not have any verified information that could demonstrate that jet ski riding causes particularly significant harm on Lake Kankarinjärvi, and that would be needed to justify the application for a ban.

Distracting or reckless driving is already prohibited under the Water Traffic Act 782/2029, and the user of a watercraft must exercise the care and caution required by the circumstances and act in such a way that he does not, without compelling reason, hinder or disturb the movement of others on the water, nor does he cause danger or damage to others, or danger or significant or unnecessary harm or disturbance to nature or other environments, fishing, general recreational use of nature, or other public or private interests. These obligations under the Water Traffic Act apply to users of all watercraft in all water areas – including water areas outside of prohibition and restriction areas – and they are in force at all times.

Watercraft users should therefore always take into account other water traffic and other users of the watercourse, as well as the environment. Intentional or negligent failure to comply with this obligation constitutes a water traffic offence and is punishable by a fine. The use of watercraft in the water area is supervised by the police, who have the possibility of immediately intervening in disruptive water traffic. The task of the supervising authorities is to monitor compliance with the rules set out in the Water Traffic Act, and this regulatory mechanism must be considered the primary means of ensuring appropriate water traffic behaviour.

The Municipal Initiative Service has an initiative submitted on August 7, 2024.

Content of the initiative:

The municipality of Kihniö has cut off traffic on Teollisuustie with a zoning decision. The intention was to build Paavontie, which will serve commuter traffic within the area and, above all, light traffic for schoolchildren, in its place.

The municipality of Kihniö received €640 in revenue from the arrangement that led to the cutting of Teollisuustie, which was intended to finance Paavontie, but the money was used for other purposes, so the construction of Paavontie was abandoned.

Currently, there is no passageway in the Koivikko area that even allows light traffic, so light traffic in the area has been moved to the shoulder of VT23.

Currently, VT23 has a speed limit of 80 km/h,

In order to at least partially improve the safety of children's school trips and light traffic, the municipality of Kihniö must take immediate action with various authorities to immediately impose a 50 km/h speed limit on Highway 23 on the dangerous section between the Pyhäniemi junction and the Kihniö junction, naturally in accordance with the prevailing standards in both directions.

In addition, due to the desirability of its financial situation, the municipality of Kihniö must influence the Ely Center to immediately widen the shoulder of the roadway leading westward on VT23 to at least one meter wide and pave it with asphalt before winter arrives.

Response to the initiative:

For many years, school transportation has had a practice where VT23 is classified as dangerous due to its speed limit and narrow shoulder. Students whose school journey includes sections or crossings on VT23 are covered by school transportation with a special permit.

The section of VT23 between the Kihniö and Pyhäniemi junctions has been discussed in the Kihniö municipality's traffic safety working group, and based on this, the Kihniö municipality has supported the initiative made to the Ely Centre to lower the speed limit. The Kihniö municipality has justified the reduction of the speed limit to 60 km/h between the junctions on the grounds of pedestrian and light traffic safety, as well as the groundwater area.

The Ely Centre has processed the proposed measures and issued a response on 21 February 2025:

In the opinion of the Ely Centre, there is no need to lower the speed limit. On main roads, the Ely Centre aims for a speed limit of 80 km/h as uniformly as possible in order to ensure the smooth running of long-distance traffic. Currently, there is no speed limit below 80 km/h anywhere on main road 23. On main roads, the Ely Centre uses a speed limit of 60 km/h mainly at busy and dangerous road junctions.

The municipality of Kihniö has not prepared a walking and/or cycling promotion programme or a similar plan, and its preparation is not scheduled for future planning years. Traficom can grant state aid to municipalities and to promote cycling, but applying requires the above-mentioned programme or plans. The matter can be promoted in the target setting of measures in future planning years and in accordance with the municipal strategy.

Construction site and its location:

The construction site is a property called Leporanta, measuring approximately 3080 m2. The property ID is 250-405-5-87. The construction site borders Lake Kankarinjärvi by approximately 50 meters.

Proposed measure and justification for the application:

A deviation is being applied for to construct a permanent residential building of 120 m2 on the property. There is an existing unfinished leisure building on the construction site, which will be repaired and the purpose of use will be changed to a permanent residential building. In addition, outbuildings serving the residence will be built on the construction site, a garage of 30 m2 + a carport of 30 m2 and a sauna building of 20 m2. The total built floor area will be 170 m2 k-m2. The applicants intend to move to the property to live permanently.

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 unfinished leisure building of 45 m2 on the construction site. There are no other buildings on the construction site. There is an existing electricity connection on the construction site.

Consulting neighbors:

The applicant has consulted the neighbors. The neighbors have no objections to the matter.

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 floor area planned for construction does not exceed the total building rights of the construction site in accordance with section 7.1 of the building regulations of the construction site.

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 construction will not affect the zoning of the area, will not hinder the achievement of nature conservation objectives, nor will it hinder the achievement of objectives related to the protection of the built environment. The construction will not lead to significant construction or otherwise cause harmful 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. It is possible to build a passable road on the property. There are permanent residential buildings on the properties adjacent to the construction site, so the residential building to be built will be supported by the surrounding village settlement. 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:

Section 72 of the Land Use Act

Construction Act, Section 57

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

Prepared by: building inspector Raisa Karinsalo

The technical director presents current issues of the technical position.

• Draft building inspection fee
• Next meeting March 19, 2025

Civil engineering Kalevi Viitaharju Oy has filed a claim for rectification on 14 February 2025 regarding the decision of the technical committee on 29 January 2025, Section 9.

Maanrakennus K Viitaharju Oy has been granted a joint permit for the excavation and crushing of rock material. According to Section 14 of the Soil Materials Act, the provisions of Section 175 of the Environmental Protection Act on the rectification of a violation or negligence apply to an administrative enforcement matter concerning activities under the joint permit. If the administrative enforcement matter concerns only compliance with an obligation laid down in or pursuant to the Soil Materials Act, the Soil Materials Act shall, however, apply.

The permit has been accompanied by permit provisions issued on the basis of both Section 49 of the Environmental Protection Act and Section 11 of the Soil Materials Act, and administrative enforcement therefore applies to violations of both permit grounds. Section 175 (1166/2018) of the Environmental Protection Act (527/2014) therefore applies to administrative enforcement matters concerning activities under a joint permit.

According to Section 184(3) of the Environmental Protection Act, the provisions of the Penalty Fines Act (1113/1990) apply to matters concerning a penalty payment. According to Section 24 of the Penalty Fines Act, the competent court in matters concerning the imposition of a penalty payment is determined on the basis of the main obligation.

The provisions of the Environmental Protection Act therefore apply to the appeal in the matter. According to Section 190 of the Environmental Protection Act, an appeal may be filed against a decision of an authority issued pursuant to the said Act by appealing to the Vaasa Administrative Court. The municipality does not have jurisdiction to investigate the matter.

It is therefore not possible to handle the matter as a claim for rectification, but the Kihniö Municipality Technical Committee must dismiss it as not within its jurisdiction.

According to the extract from the minutes of the Technical Committee of 29 January 2025, § 9, the appeal guidance was given in connection with the decision to the Hämeenlinna Administrative Court, but in deviation from this, through the general appeal annex, to the Vaasa Administrative Court. The instructions given on the appeal are at least partially incorrect.

According to Section 49, subsections 2 and 3 of the Administrative Procedure Act (434/2003), the authority must: issue a new appeal instruction to replace the incorrect appeal instruction, if requested within the appeal period specified or stipulated in the appeal notice. The appeal period begins to run from the date of service of the new appeal notice.

Maanrakennus Kalevi Viitaharju Oy has not requested a new appeal.

• Establishment of a travel park; proposal for the next meeting