Environmental Advocate Donat Warns Against Burying a Waste Tire Depot in Ohlsdorf

The office of the responsible State Councillor Stefan Kaineder (Greens) announced that it is now being examined whether the depot is subject not only to the Contaminated Sites Act but also to the AWG. "Aus dem Büro des zuständigen Landesrats Stefan Kaineder (Grüne) hieß es, dass nun geprüft werde, ob die Deponie nicht nur Gegenstand des Altlastengesetzes, sondern auch des AWG sei", reads the statement.

Legal Classification

The distinction between the Contaminated Sites Act and the Waste Management Act (AWG) is legally significant. While the Contaminated Sites Act aims at the remediation of already existing pollution, the AWG regulates the handling of waste from its generation to its disposal. Which law applies has direct effects on the permissible measures.

Martin Donat, who as environmental advocate represents the interests of the population in environmental proceedings, sees the possibility of later remediation endangered by a burial. He points out that buried waste would need to be monitored over the long term, something that is hardly possible once it is covered over.

Residents' Concerns

The municipality of Ohlsdorf lies in the district of Gmunden and is already known for other environmentally relevant sites. According to Donat, residents fear that the burial could represent a lasting burden for the region. He therefore demands comprehensive public information.

The office of Environmental State Councillor Kaineder emphasized that no decision has yet been made. First, the review by the responsible specialist departments must be awaited. Only thereafter can decisions be made on concrete measures at the site.

Role of the Environmental Advocate's Office

Donat announced that he will closely monitor the further developments and participate in the proceedings as environmental advocate. Should the burial prove legally impermissible, he will use all available means to ensure proper remediation.

The Upper Austrian Environmental Advocate's Office is an independent institution that holds party status in administrative proceedings. It can submit statements, file complaints, and push for compliance with environmental standards. Its position carries particular weight in proceedings.

Fundamental Question on the Handling of Contaminated Sites

The controversy also raises a fundamental question: How should the republic deal with old depots for which there were no adequate safety standards decades ago? Donat sees Ohlsdorf as a case that could be exemplary for the handling of contaminated sites in Upper Austria.

According to observers, the review by Kaineder's office is likely to take several weeks. Only once the results are available can concrete steps at the Ohlsdorf site be determined. Until then, the depot will remain in its current condition.