The management of invasive alien species generates plant waste and soil containing seeds and rootstocks. It is important to handle these appropriately to prevent invasive alien species from spreading into the environment through plant waste or soil. According to the Act on Managing the Risks Caused by Alien Species (1709/2015, section 5), an operator must ensure that the product or material produced, stored, placed on the market, transported, transmitted, sold or otherwise conveyed by the operator does not contain an invasive alien species included in the Union list or of national concern which may spread in the product or material outside the area managed by the operator.
In addition, it should be noted that no alien species can be kept, bred, planted, sown or otherwise handled in such a way that it may be released into the environment. (section 3).
Permissions related to the handling of soil containing invasive alien species are discussed here. The handling of soil, such as screening, use in land and environmental construction, burying, storage or dumping may be subject to a permission, with reproductive pieces/parts of invasive alien plant species (seeds, roots, parts of rhizomes for certain species) may add their own requirements to this.
In some cases, an environmental permit in accordance with the Environmental Protection Act (527/2014) or a change in the valid permit may be required, in others, an action permit or notification procedure is required in accordance with the Land Use and Building Act (132/1999). Several acts and decrees apply to the handling and use of soil containing invasive alien species. These and responsibility issues have been discussed in Proposal for the management of waste containing invasive alien species: how to reduce, receive and handle waste containing invasive alien species (in Finnish).
An application for an environmental permit must be submitted to the competent permit authority, i.e., the Regional State Administrative Agency, or the municipal environmental protection authority. If it is unclear whether a permit is required, it is advisable to contact the Centre for Economic Development, Transport and the Environment (ELY Centre) or the municipal environmental protection authority.
These example cases are of a general nature, and they are not legally binding. The permit requirement must be verified from the permit authority.
Further information about environmental permits and their application:
Joint website of Finland’s environmental administration
The Regional State Administrative Agency’s environmental permits
Further information on the definition of soil as waste:
Definition of excavated soil as waste, and handling (in Finnish)
When is excavated soil regarded as waste? (Infra Contractors Association in Finland) (in Finnish)
The example cases below describe what kinds of activities may require a permission.
Japanese rose (Rosa rugosa) is removed from public green areas and private sites. Shoots, including rose hips, are delivered for waste incineration. Soil is excavated and delivered to a contractor’s storage area, where larger roots are removed from the soil by screening. Roots are delivered for waste incineration. Some seeds and smaller pieces of roots remain mixed in the soil; otherwise, it is clean. The soil is interim-stored in the storage area for some time. From there, the soil is delivered to a land construction site for use inside a noise barrier, for example. Any soil containing invasive alien species is covered with a filter fabric, marked with high-visibility tape and covered with a soil layer of at least two metres. The site is entered in the municipal geographic information system. Regular and documented observations are carried out in the area for a sufficient period, and any invasive alien species discovered are controlled.
The permits required:
Receiving and screening soil is subject to an environmental permit. Operations may also be subject to an environmental permit on the grounds that the storage of soil is a long-term activity. The environmental permit is location-specific.
In general, an environmental permit and an action permit in accordance with the Land Use and Building Act are required for building a noise barrier.
To be considered:
The environmental permit application must describe how the risk of environmental contamination will be minimised, i.e., how the spread of invasive alien species will be prevented and how the site will be monitored. The risk is that an embankment or another land construction site, in which soil containing invasive alien species has been used, will later be excavated without knowing what it contains, spreading the invasive alien species. As a result, soil containing invasive alien species should be marked at the site, and the location should be entered in a geographic information register (such as a municipal geographic information system or Ylva, an electronic service system for environmental protection). More detailed accounting and documentation will also be required from the landowner/operator. For example, an activity subject to an environmental permit may end at some point (e.g., an embankment is completed), but it is important that, even if the monitoring required by the permit ends, the landowner or anyone who will continue to use the area or is planning to use the area has access to information about the exact location of soil containing invasive alien species.
2. Use of soil containing invasive alien species in land construction, a small site on a private plot.
A yard is being built on a private plot. Some giant hogweeds (Heracleum mantegazzianum) are growing on the plot over an area of 2 m2. Their non-flowering shoots are cut and placed into a compost. Any soil containing roots and seeds is excavated at a sufficient depth. A deep hole is dug using an excavator in the location where grass will be grown, into which any soil containing hogweed roots and seeds is placed, and the hole is covered with a two-metre layer of uncontaminated soil. A lawn is sown on top. The location is monitored regularly and any hogweed seedlings and shoots discovered are cut or removed.
The permits required:
The small-scale placement or burying of uncontaminated soil (containing seeds, rhizomes or root pieces of invasive alien species) on a plot is not considered a professional activity, which means that no environmental permit is required for the activity. However, it should be noted that burying of plant or other waste is not permitted.
If soil is buried on a neighbouring plot where land construction is carried out, no permit will be required in the case of small-scale and non-recurring activities.
To be considered:
In this case, a municipal notification procedure would be useful. As a result, the municipality maintains information about the location, and information about any buried soil containing invasive alien species is available for later use. The obligations set out in the act on invasive alien species should be emphasised in the municipal notification procedure. Any transport or interim storage is not recommended due to the risk of spreading. The location should be monitored for several years.
3. Covering soil containing invasive alien species in infrastructure construction.
A municipality has a public area where regular and giant hogweed, Japanese rose and garden lupin (Lupinus polyphyllus) grow. Uncontaminated soil from infrastructure construction projects is dumped in the area. The aboveground parts of growths are appropriately removed and disposed of. A thick layer of soil is delivered to the area. A car park is built over a part of the giant hogweed area. The bottom soil layer is compressed, and a filter mat is installed over it. Finally, the area is filled with a crushed stone layer of 500–1,000 mm.
The permits required:
This activity is not likely to be subject to an environmental permit, but an action permit in accordance with the Land Use and Building Act is required. This must be verified from the permit authority. However, if any excess soil is dumped so that an unnecessarily thick layer compared to what is needed is delivered, an environmental permit will be required.
To be considered:
In this case as well, soil containing invasive alien species should be marked at the site, and the location should be entered in a geographic information register (such as a municipal geographic information system or Ylva, an electronic service system for environmental protection).
4. Use of soil containing invasive alien species in a field.
Soil containing an invasive alien species included in the Union list or of national concern, such as Japanese rose, is delivered to a contractor’s location. Burnable plant parts are screened and delivered for waste incineration. The soil is transferred to the contractor’s own field in a different location, where it is spread over the field as layers of 50 cm. The soil is not spread all the way to the edges of the field. The soil is levelled so that field management is possible. A lease agreement on the use of the field is made. The agreement defines the management of the fields so that the invasive alien species cannot spread, including grasslands, regular cutting. The lease agreement includes the monitoring of the location and any control measures, if necessary.
The permits required:
Receiving and screening soil is subject to an environmental permit. In addition, an environmental permit is needed to place soil in a field. The purpose and the amount of soil determine whether the placement of soil in a field is an activity (soil improvement) under the Fertiliser Product Act (539/2006) or an activity subject to an environmental permit, such as raising a field or operating a landfill site.
To be considered:
This is a high-risk activity because it is not yet known how long the seeds of many invasive alien species remain viable. In addition, there is the risk of the spread of invasive alien species through draining or other excavation, for example. In this case as well, soil should be marked in the location, and the location should be entered in a geographic information register. The continuity of monitoring and supervision should be ensured when the lessee of the field changes, for example. Accounting and documentation by the landowner/operator is necessary, as activities subject to an environmental permit may end at some point, while it is important that the landowner or anyone who will continue to use the area or is planning to use the area has access to information about the exact location of soil containing invasive alien species.
5. Burying soil containing a harmful invasive alien speciesat a reception site for contaminated soil or a landfill site.
Soil containing seeds and roots of an invasive alien species classified as harmful (such as giant hogweed, garden lupin, Japanese knotweed (Reynoutria japonica) or Japanese rose) is delivered to a reception site for contaminated soil or a landfill site. Above-ground growth has been removed from the control site before excavation to minimise the amount of organic matter in the soil. The soil is delivered to the reception site or landfill site by lorry. If the soil contains a large volume of organic matter, such as roots, it will be screened at the reception site to separate plant matter, and screened roots and other similar plant material will be appropriately disposed of. The soil is placed in a location where it can remain undisturbed for so long as any reproductive plant parts have been destroyed. The lorry is cleaned on site so as to ensure the recovery of seeds, root pieces and other reproductive parts from the vehicle, and they are appropriately disposed of. The dumped soil is covered with uncontaminated soil. After every working day on which loads have been received at the site, the area is pre-covered with an appropriately thick layer of soil and covered finally with a soil layer of two metres at the end of the growing season. The volume of soil delivered for handling, the place of origin, the invasive alien species contained in the soil, the date and the locations of the loads are documented for monitoring purposes. The area is isolated to prevent any unnecessary access to the area. The dumping area is monitored on a regular basis (e.g., at least once a week) to verify whether any invasive alien species has grown on the surface or in the surroundings. If it has, the invasive alien species will be controlled and more uncontaminated soil will be placed over the area. Observations are recorded. Any runoff water coming from the area is discharged into a sedimentation basin. Samples are regularly taken of runoff and surface water and groundwater in the area to monitor the water quality, such as pH and nutrient concentrations.
The permits required:
Receiving soil is subject to an environmental permit. In addition, an indication of the receipt of soil containing invasive alien species and a description of its handling and monitoring are required for the permit.