Key Benefits:
ACT
of 27 April 2001
Environmental law 1)
TITLE I
General provisions
SECTION I
Scope of the Law
Article 1. [ Regulatory scope] The Act sets out the principles of environmental protection and the conditions for the use of its resources, taking into account the requirements of sustainable development, and in particular:
1. the rules for determining:
(a) environmental protection conditions,
(b) conditions for placing substances or energy into the environment,
(c) environmental costs;
2) (repealed)
3) (repealed)
4) duties of administrative bodies;
5) responsibility and sanctions.
Article 2. [ Exemption of application of the law] 1. The provisions of the Act do not apply to matters governed by the laws of atomic law.
2. The provisions of the Act shall also not apply in the scope of:
1) the obligation to hold a permit,
(1a) the issuing of decisions on the permissible sound level,
2) the payment of fees,
in the case of rescue operations.
2a. The provisions of the Act shall not apply also in respect of noise arising in connection with the widespread use of the environment.
3. The provisions of the Act do not violate the provisions of the Act of 5 August 2010. on the protection of classified information (Dz. U. of 2016 r. items 1167 and 1948).
(4) The rules on the protection of the sea against pollution by ships and the administration competent in matters of that protection shall be determined by separate provisions.
SECTION II
Definitions and general principles
Article 3. [ Definitions] Whenever there is a law in the law:
1) agglomeration-it is understood by this city or several cities with common administrative boundaries;
(2) the motorway-it is also an express road, if the provisions on toll motorways apply to that road;
(2a) soil and soil pollution tests shall mean the measurement of the content of the substance at risk in the soil and in the ground, including the sampling and associated test measurements of soil and soil properties;
(b) the BAT reference document is to be understood by this document resulting from the exchange of information organised by the European Commission in accordance with the provisions on industrial emissions, drawn up for a particular type of activity and describing, in particular, the techniques used, current emissions and consumption, techniques to be taken into account for the establishment of best available techniques, and describing the BAT conclusions and any new techniques;
3) the operation of the installation or device, which is understood to mean the use of the installation or equipment and the maintenance of the equipment;
4. emissions-shall be understood by this directly or indirectly, as a result of human activity, to air, water, soil or land:
(a) substances,
(b) energies such as heat, noise, vibrations or electromagnetic fields;
(4a) the emission limit values-this is understood by the highest emissions associated with the best available techniques, as defined in the BAT conclusions, obtained under normal operating conditions using the best available technology techniques or combinations of best available techniques;
5) noise-it is understood by this sound at frequencies from 16 Hz to 16,000 Hz;
(5a) the historical pollution of the earth's surface-it is understood by the pollution of the earth's surface which occurred before 30 April 2007. or results from an activity which has been completed before 30 April 2007; it shall also be understood to mean damage to the environment in the area of land within the meaning of the Article. 6 point 11 (b) c of the Act of 13 April 2007. of preventing damage to the environment and their repair (Dz. U. of 2014 items 1789 and from 2015 items 277 and 1926), which was caused by an issue or an event from which more than 30 years have elapsed;
6) installation-it is understood by this:
(a) a stationary technical device,
(b) a team of fixed technical equipment which is technologically linked to which it has the same legal title and situated within a single establishment,
(c) structures other than technical equipment and their teams,
the operation of which may result in emissions;
7) significant change of installation-this is understood by this change in the way the installation works or its expansion, which can cause a significant increase in the negative impact on the environment;
(8) natural compensation-a team of activities, including in particular construction works, earthworks, soil reclamation, afforestation, resuming or clustering of vegetation, leading to the restoration of balance nature or clustering of vegetation leading to the restoration of the natural equilibrium in the area concerned, the compensation of damage to the environment by the realization of the project and the preservation of landscape values;
8a) airport-it is also understood by the airport and the landing area;
8b) the national exposure reduction target-this is understood by the percentage reduction of the national average exposure indicator for the reference year, in order to reduce the harmful effects of the substance on human health to be achieved in the deadline;
8c) the national average exposure indicator-this is understood by the average level of the substance in the air determined on the basis of measurements carried out in urban background areas in cities with a population of more than 100 000 and agglomerations throughout the country, used to identify and maintain the national exposure reduction target and to keep the exposure concentration ceiling;
8d) BAT conclusions-it is understood by this document, drawn up on the basis of the BAT reference document, adopted by the European Commission, by decision, in accordance with the industrial emissions regulations, making proposals for best available techniques, their description, information to evaluate their suitability, the volume of emissions associated with the best available techniques, related monitoring, related consumption levels and, where appropriate, appropriate ways of remediation;
9) reference methodology-this is understood by the method of measurement or test defined on the basis of the Act, which may include, in particular, the method of sampling, the interpretation of the data obtained, and the methodology for the modelling of the spread substances and energy in the environment;
10) the best available techniques-this is understood by the most effective and advanced level of development of the technology and methods of conducting a given activity, which indicates the possible use of particular techniques as a basis for determining emission limit values and other conditions for the prevention of, and, where this is not possible, the limitation of emissions and the environmental impact as a whole, with the following:
(a) technique-means both the technology used and the manner in which the installation is designed, operated, operated and liquidated,
(b) available techniques-means techniques of such a degree of development which enable their practical application in the field of industry, taking into account the economic and technical conditions and the cost and benefit account, and which are the techniques of the the operator of the activity concerned can obtain,
(c) best technique-means the most efficient technique in achieving a high general level of environmental protection as a whole;
10a) a quiet area in agglomeration-this is understood by the area where there are no exceedances of the permissible sound levels expressed by the LDWN noise indicator;
10b) a quiet area outside the agglomeration-it is understood by this area, which is not exposed to the communication noise, industrial or recreational-leisure activity;
10c) (repealed)
10d) urban background-it is understood by this area of the city where the levels of the substance in the air are representative of the exposure of the population living in the urban area to the substance;
(11) environmental impact-it is also understood to have an impact on human health;
11a) (repealed)
12) wastes-it is understood by this waste within the meaning of the Act of 14 December 2012. of waste (Dz. U. of 2016 r. items 1987 and 1954);
(13) the protection of the environment shall mean the taking up or failure of action to preserve or restore the natural equilibrium; such protection shall consist, in particular, of:
(a) the rational development of the environment and the management of environmental resources in accordance with the principle of sustainable development,
(b) to counteract pollution,
(c) restoration of natural elements to the applicable state;
(14) the administrative body, which is understood to mean:
(a) ministers, central government bodies, voyev, acting in their own name or on their own behalf, other local government bodies, bodies of local government units,
(b) other entities where they are established by law or on the basis of agreements to perform public tasks relating to the environment and its protection;
(15) environmental protection bodies shall be understood by the administrative authorities set up to perform public tasks in the field of environmental protection, in accordance with their jurisdiction as laid down in Title VII of Chapter I;
16) the environmental organisation-it is understood by the social organisations whose statutory objective is the protection of the environment;
17. PCBs shall be understood to mean the substances referred to in Article 3. 3 point 17 of the Act of 14 December 2012. Of waste;
18) electromagnetic fields-it is understood by this field electrical, magnetic and electromagnetic fields with frequencies from 0 Hz to 300 GHz;
19) (repealed)
20) a party using the environment shall be understood to mean:
(a) an entrepreneur within the meaning of Article 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2016 r. items 1829, 1948, 1997 and 2255) and a foreign entrepreneur within the meaning of art. 5 point 3 of this Law, as well as those engaged in manufacturing activities in agriculture in the field of agricultural crops, breeding or breeding animals, horticulture, vegetables, forestry and inland fishing,
(b) an organisational unit which is not a trader within the meaning of the Act of 2 July 2004. o freedom of economic activity,
(c) a natural person, other than the entity referred to in point (a), who uses the environment, to the extent that the use of the environment requires authorisation;
21) measurement-this is also understood by the observations and analyses;
22) (repealed)
23) a major accident-it is understood by this incident, in particular emission, fire or explosion, arising during the industrial process, storage or transport, in which one or more dangerous substances occur, leading to the immediate emergence of a threat to the life or health of humans or the environment or the emergence of such a delay
24) a major industrial accident-it is understood by this serious accident in the plant;
25) the surface of the earth-it is understood by the formation of land, soil, land and groundwater, with the following:
(a) soil-means the upper layer of lithosphere, consisting of mineral parts, organic matter, soil water, soil air and organisms, covering the top layer of soil and subsoil,
(b) the earth shall mean the upper layer of the lithosphere, which is below the soil, to the depth of the human interaction,
(c) groundwater-means groundwater within the meaning of the Article. 9 ust. 1 point 22 of the Act of 18 July 2001. -Water law (Dz. U. of 2015 items 469, of late. zm.), which are located in the saturation zone and remain in direct contact with the ground or subsoil;
26) air-it is understood by the air contained in the troposphere, excluding the interiors of buildings and workplaces;
26a) A-weighted sound level (dB)-is understood by the sound pressure level, corrected by the A-frequency characteristic, determined in accordance with the Polish Standard;
27) (repealed)
28. level of the substance in the air-this is understood by the concentration of the substance in the air in relation to a fixed time or precipitation of such a substance in relation to a fixed time and surface, with:
(a) acceptable level-that is the level of the substance to be reached within a specified period and which, after that date, should not be exceeded; the level of the air quality standard is acceptable,
(b) target level-is the level of the substance to be attained within a specified period by means of economically justified technical and technological actions; this level shall be established for the avoidance, prevention or reduction of harmful effects. the effects of the substance on human health or the environment as a whole,
(c) the level of the long-term objective-the level of the substance below which, according to the state of modern knowledge, a direct harmful effect on human health or the environment as a whole is unlikely to be achieved; whereas this level is to be achieved in the long term a period of time, except where it cannot be achieved by means of economically justified technical and technological activities;
28a) level of information-this is understood by the concentration of the substance in the air above which there is a risk of human health resulting from the short-term exposure to vulnerable populations of the population, Whereas it is necessary to provide immediate and appropriate information;
(29) the authorisation, without its nature, shall be construed as a permit for the introduction into the environment of the substance or energy referred to in Article 4 (1). 181 par. 1;
30. the product shall be understood by the placing on the market of the substance, the energy, the installation, the device and any other item or part thereof;
31) carrying out the installation-it shall be understood by that entity entitled under the specified legal title to the installation of the installation for its operation in accordance with the requirements of environmental protection, on the principles indicated in the Act;
31a) exposure concentration limits-this is understood by the level of the substance in the air determined on the basis of the value of the national average exposure indicator, in order to reduce the harmful effects of the substance on the health of the human population to be used achieved within the specified time limit; the ceiling of the exposure concentration is the air quality standard;
(31b) remediation: it is understood to mean soil, land and groundwater activities to remove or reduce the number of substances causing risk, to control them, and to reduce the spread so that the area is polluted stopped causing a risk to human health or the state of the environment, taking into account the current and, if possible, planned future use of the site; remediation may rely on self-cleaning, if it brings the greatest environmental benefits;
(32) natural equilibrium-it is understood by the state in which there is a balance in the specific area of interaction: man, nutrients and habitat conditions created by the non-lively nature;
32a) the movements of the earth's mass-it is understood by the natural or man-made stature, the meeting or the lining of the surface layers of rocks, cultivations and soils;
32b) equivalent noise level-this is understood by the value of the sound pressure level of a continuous fixed sound, corrected by the frequency characteristics of A, which, within a specified reference period, is equal to the average the sound pressure square of the variable-level sound-weighted sound pressure; the equivalent noise level shall be expressed in accordance with the Polish Standard;
32c) risks-it is understood by this probability of having a specific effect within a given period of time or in a particular situation;
32d) self-cleaning-it is understood by this biological, chemical and physical processes, the effect of which is to reduce the amount, cargo, concentration, toxicity, availability, and spread of pollution in the soil, land and waters, Self-existent, without human intervention, but the course of which can be assisted by man;
(33) emission standards-this is understood to mean emission limit values;
34) the quality standard of the environment-it shall be understood by the limit levels of the substance or energy and the ceiling for the concentration of exposures, which must be achieved in a given time by the environment as a whole or its individual natural elements;
35) old-age-it is understood by this also the president of the city on the rights of the district;
36) substances-this is understood by chemical elements and their compounds, mixtures or solutions occurring in the environment or resulting from human activity;
37) dangerous substances-this is understood by one or more substances or mixtures of substances which, due to their chemical, biological or radioactive properties, may, in the event of abnormal handling, cause the risk of life or health of humans or the environment; the hazardous substance may be the raw material, the product, the intermediate product, the waste, and the substance resulting from the failure;
37a) the risk substance shall be understood to mean a hazardous substance and a mixture posing a risk, belonging to at least one of the hazard classes listed in Parts 2 to 5 of Annex I to the Regulation of the European Parliament European Union and Council Regulation (EC) No 1272/2008 of 16 December 2008. on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC, and amending Regulation (EC) No 1907/2006 (Dz. Urz. EU L 353, 31.12.2008, p. 1, from late. zm.), in particular substances causing the risk referred to in the provisions issued on the basis of art. 101a (1) 5 point 1;
(38) WASTE WATER-shall be understood by it being introduced into the waters or into the ground:
(a) water used, in particular for bovine or economic purposes,
(b) liquid animal faeces, with the exception of slurry and slurry intended for agricultural use in a manner and in accordance with the rules laid down in the Act of 10 July 2007. o fertilizing and fertilizing (Dz. U. of 2015 items 625 and 1893),
(c) rainwater or melting water, enclosed in open or closed sewage systems, originating from contaminated surfaces with a permanent surface, in particular from cities, ports, airports, industrial, commercial, service and building sites, bases transport and roads and parking lots,
(d) drainage waters from landfills and extractive waste disposal facilities in which hazardous extractive waste and extractive waste other than hazardous and inert waste are stored, waste storage sites, used brine, medicinal and thermal waters,
(e) waters from the dehydration of mining plants, with the exception of the waters inserted in the reel, if the types and quantity of the substances contained in the water inserted into the górotworm are identical to the types and quantities of substances contained in the water collected,
(f) water used, discharged from rearing or farming of salmonid fish,
(g) water used, discharged from rearing facilities or fish farming other than salmonidae or other aquatic organisms, in so far as the production of such fish or organisms, understood as the average annual weight gain of those fish or of those organisms in the individual years of the production cycle, exceeding 1500 kg of the 1 ha of fish ponds of the fish ponds of this facility in one year of the cycle;
38a) wastewater-it is understood by the sewage from residential buildings, collective residence and public utility, resulting from human metabolism or the functioning of households and sewage with an imminent composition derived from these buildings;
(38b) municipal waste water-it is understood by this wastewater or a mixture of wastewater with industrial wastewater or rainwater or melting, discharging the equipment used to carry out the communes ' own tasks in the field of sewage and treatment of municipal wastewater;
38c) industrial sewage-it is understood by the sewage, not being padded or falling or melting, arising in connection with the commercial, industrial, component, transport or service activities carried out by the undertaking and being a mixture of other entity's wastewater, discharged from the sewer system of that establishment;
(39) environment-this is understood by all the natural elements, including those transformed as a result of human activities, in particular the surface of the earth, the mine, the water, the air, the landscape, the climate and other elements of diversity the biological and inter-interaction between these elements;
40) a closed area-it is understood by this area, and in special cases a construction object or a part of it, accessible only to the rightholder and appointed in the manner laid down by the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2016 r. items 1629 and 1948 and of 2017 items 60);
(41) the legal title, which shall mean ownership, perpetual use, permanent management, limited rights in rem or a commitment/liability relationship;
42) the device-it is understood by this non-stationary technical device, including means of transport;
(42a) the user of the device, shall be understood by that entity entitled under a specific legal title to the device to be used for its operation in accordance with the environmental protection requirements, as specified in the Act;
(43) emissions-the type and quantity of substances or energy entering in time and the concentration or levels of substances or energy, in particular in the waste gases, the waste water and the waste produced;
44) land surface-it is understood by the owner of the property, and if in the land and buildings registration under the Act-Geodetic and cartographic law was revealed another entity rulers of the land-the entity disclosed as a ruler;
45) the competent authority of the State Fire Service-it is understood by the local authority due to the location of the plant:
a) the commander of the district (municipal) State Fire Service-in cases concerning plants with an increased risk of serious industrial accident,
b) Commandant of the Provincial State Fire Service-in cases involving establishments with a high risk of serious industrial accident;
46) the introduction of waste water into the earth-it is also understood by the introduction of wastewater into the soil;
(a) the average exposure indicator for a city with a population of more than 100 000 and an agglomeration, which is understood to mean the average level of a substance in the air determined on the basis of measurements carried out in urban background areas in cities. with a population of more than 100 thousand and agglomerations, used to keep the exposure concentration ceiling and to identify and maintain the national exposure reduction target;
47) the use of substances-it is also understood by this to be their collection;
47a) of the exclusive economic zone of the Republic of Poland-it is understood by this exclusive economic zone of the Republic of Poland within the meaning of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration (Dz. U. of 2016 r. items 2145 and of 2017 items 32 and 60);
48) the plant shall be understood by one or more installations together with the site to which the operator has a legal title and the equipment thereon;
(48a) a plant presenting a risk of serious industrial accident-shall mean an establishment with an increased risk of a major industrial accident or a plant with a high risk of a major industrial accident in question in Article 248 (1) 1;
49) pollution-it is understood by this emission, which can be harmful to human health or the state of the environment, can cause harm in material goods, may aggravate the aesthetic environment of the environment or may interfere with others, justified by the ways in which the environment is used;
49a) the share of pollution from natural sources-this is the part of the pollutant emissions that is not caused directly or indirectly by human activity, including natural phenomena such as volcanic eruptions, seismic activity, geothermal activity, forest fires and non-tenants, violent whirlwind, marine aerosols, secondary emissions or airborne particles of natural origin from the dry regions;
(50) sustainable development-this is understood by this socio-economic development, which takes place in the process of integrating political, economic and social activities, with the preservation of the natural balance and the sustainability of the core processes. nature, in order to guarantee the possibility of meeting the basic needs of individual communities or citizens of both the modern generation and future generations.
Article 4. [ Using the environment] 1. The universal use of the environment shall be granted by statute to everyone and covers the use of the environment, without the use of the installation, to satisfy personal needs and household, including leisure and sports, in the scope of:
1) introduction into the environment of substances or energy;
2) other than those mentioned in point 1 of the generative use of waters within the meaning of the Act of 18 July 2001. -Water law.
2. Use of the environment going beyond the framework of universal use may be, by means of a law, circumvated by the obligation to obtain a permit, setting out in particular the scope and conditions of this use, issued by the competent protection authority environment.
3. Ordinary use of the environment is such use going beyond the framework of universal use, which the Act does not introduce the obligation to obtain a permit, and the normal use of water within the meaning of the provisions of the Act-Water Law.
Article 5. [ A way of protecting one or several natural elements] The protection of one or more natural elements shall be carried out taking into account the protection of the remaining elements.
Article 6. [ Activities negatively affecting the environment] 1. Who undertakes an activity that is likely to have a negative impact on the environment shall be obliged to prevent that impact.
2. Those who undertake activities, whose negative impact on the environment is not yet fully recognized, shall be obliged, guided by the precautionary measure, to take all possible preventive measures.
Article 7. [ Removal costs of environmental pollution and prevention] 1. Who causes pollution of the environment shall bear the costs of removing the effects of that pollutant.
2. Who can cause pollution of the environment, shall bear the costs of preventing that pollution.
Article 7a. [ Application of the provisions of the Act on the Prevention of Environmental Damages and Their Naing] To the direct threat of damage to the environment and to environmental damage within the meaning of the Act of 13 April 2007. The provisions of this law shall apply to the prevention of environmental damage and to their repair.
Article 8. [ Policies, plans or programmes taking into account environmental and sustainable development principles] Policies, strategies, plans or programmes concerning, in particular, industry, energy, transport, telecommunications, water management, waste management, spatial management, forestry, agriculture, fisheries, tourism and land use should take account of the principles of environmental protection and sustainable development.
Article 12. [ Reference Methodologies] 1. Entities using the environment and administration bodies shall be obliged to use the reference methodologies, if such methodologies have been determined on the basis of laws.
2. If, on the basis of the law, the obligation to use the reference methodology is introduced, it is permissible to use another methodology, provided:
1) that it makes it possible to obtain more accurate results, and the justification for its use are meteorological phenomena, physical mechanisms and chemical processes to which substances or energies are subject-in the case of the spreading modelling methodology the substance or energy in the environment;
2) to prove the full equivalence of the results obtained-in the case of other methodologies.
SECTION III
Environmental policy and environmental protection programmes
Article 13. [ Environmental Policy] Environmental policy is a team of activities aimed at creating the conditions necessary for the implementation of environmental protection, in accordance with the principle of sustainable development.
Article 14. [ Conducting environmental policy] 1. The environmental policy shall be conducted on the basis of the development strategies, programmes and programming documents referred to in the Act of 6 December 2006. the rules for the conduct of development policy (Dz. U. of 2016 r. items 383, 1250, 1948 and 1954 and from 2017 items 5).
2. The environmental policy is also carried out using voivodship, district and municipal environmental protection programs.
Article 17. [ Voivodship, district and municipal environmental protection programs] 1. The executive body of the voivodship, district and communes, in order to implement the environmental policy, shall draw up respectively voivodship, district and municipal environmental programmes, taking into account the objectives of the strategies, programmes and documents the programmatic referred to in Article 14 para. 1.
2. The projects of environmental protection programmes are subject to an opinion by:
1) the minister responsible for the environment-in the case of projects of the voivodship programs of the environment;
2) the executive body of the voivodship-in the case of district projects of environmental protection programmes;
3) the executive body of the district-in the case of projects of municipal environmental programs.
3. (repealed)
4. The body referred to in paragraph 1, provides for the possibility of public participation, on the basis and in accordance with the procedure laid down in the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2016 r. items 353, 831, 961, 1250, 1579 and 2003), in a proceeding which is the subject of a programme for the protection of the environment.
Article 18. [ The authorities responsible for the enactment of voivodship, district and municipal environmental programs] 1. Programs referred to in art. 17 para. 1, the Sejmik of the voivodship, the district council or the municipal council shall be adopted.
2. From the implementation of the programmes, the executive body of the voivodship, district and communes shall draw up every 2 years the reports, which shall be presented accordingly to the Sejm of the voivodship, the district council or the municipal council.
3. After the presentation of the reports to the Sejmik of the voivodship, the district council or the council of the municipality respectively, the reports are transmitted by the executive body of the voivodship, the district and the municipality respectively to the minister competent for the environment, the executive body voivodship and the district executive body.
SECTION IV
Environment Information
Chapter 1
(repealed)
Chapter 2
Public monitoring of the environment and dissemination of environmental information
Article 25. [ State Environmental Monitoring] 1. The source of environmental information is, in particular, the state monitoring of the environment.
2. State environmental monitoring shall constitute a system of measurements, assessments and predictions of the state of the environment and the collection, processing and dissemination of environmental information.
3. State environmental monitoring shall support environmental protection measures by systematically informing the authorities and the public about:
1) the quality of natural elements, the adherence to the environmental quality standards specified by the rules and levels referred to in art. 3 point 28 (b) b and c, and the area of exceedances of these standards and levels;
2) the occurring changes in the quality of natural elements and the causes of these changes, including causal links occurring between emissions and the state of natural elements.
Article 26. [ Monitoring tests] 1. State environmental monitoring includes, obtained on the basis of monitoring studies, information in the scope of:
1) air quality;
2) the quality of surface and groundwater inland waters and transitional waters, as well as the waters of the territorial sea, the waters of the exclusive economic zone of the Republic of Poland and coastal waters, including the bottom and the parent rocks located on the area of these waters;
3) the quality of soil and soil;
4. noise;
5) ionizing radiation and electromagnetic fields;
6) the state of the resources of the environment, including forests;
7) the types and quantities of substances or energy entering into the air, water, soil and soil;
8. production and management of waste.
2. Monitoring tests shall be carried out in a cyclical manner, using standardised methods of collection, collection and processing of data.
2a. The monitoring investigation shall be carried out with the simultaneous use and registration of spatial data.
3. In the framework of the state environmental monitoring are collected and compiled data on the state of the environment, to which the transfer of the Republic of Poland is required under international obligations.
Article 27. [ Data collected by state-owned environmental monitoring] 1. State environmental monitoring gathers data on the basis of:
1) measurements made by administration bodies, required on the basis of the Act for the implementation of monitoring tests;
2) data collected in the framework of official statistics, determined annually in the programmes of statistical surveys of official statistics;
3) information made available by other administrative authorities;
4) measurements of the state of the environment, size and types of emissions, as well as records, to which the entities are required by law or by decision;
5. other than those referred to in point 4 of the information, whether obtained for payment or free of charge from entities other than administrative bodies.
2. The rules of the functioning of the state monitoring of the environment and the tasks of the Inspectorate of Environmental Protection in the scope of its coordination determine the provisions of the Act on Environmental Protection Inspection.
Article 28. [ Entities providing information for the state monitoring of the environment] Environmental actors, mandatory under the law and by decision to measure the level of the substance or energy in the environment and the volume of emissions, collect and process the data subject to the principles set out in the Act and free of charge provide information for the public monitoring of the environment.
Article 29. [ The cooperation of the authorities required to carry out monitoring tests] 1. The administrative bodies required to carry out monitoring tests shall have an obligation of mutual, unpaid sharing of information on the environment.
1a. The authorities of the Inspection of Environmental Protection shall make available free of charge to the bodies of the State Sanitary Inspectorate, collected in the framework of the state monitoring of the environment, data containing the results of the measurements referred to in art. 90 par. 1.
2. Other administrative bodies which have information which may be used for the purpose of the State monitoring of the environment shall be obliged to make them free of charge to the authorities referred to in paragraph 1. 1.
CHAPTER V
(repealed)
CHAPTER VI
(repealed)
Chapter 1
(repealed)
Chapter 2
(repealed)
Chapter 3
(repealed)
CHAPTER VII
Protection of the environment in spatial planning and implementation of investments
Article 71. [ Principles of sustainable development and environmental protection] 1. The principles of sustainable development and protection of the environment constitute the basis for the preparation and updating of the concept of spatial development of the country, the strategy of development of voivodships, plans of land development of voivodships, the studies of the determinants and spatial planning of communes and local zoning plans.
2. In the concepts, strategies, plans and studios referred to in paragraph. 1, in particular:
1. the solutions necessary to prevent pollution, to ensure protection against pollution arising from pollution and to restore the environment to the appropriate conditions shall be identified;
2) the conditions for the implementation of the projects, enabling optimum environmental effects to be achieved.
3. The purpose and manner of land use should be as far as possible to ensure the preservation of the landscape of the landscape.
Article 72. [ Development of ecophysiography] 1. In the study of the determinants and directions of spatial development of the communes and local spatial development plans, the conditions for maintaining the natural balance and the rational economy of the environment are ensured, in particular by:
1) the establishment of programs of rational use of the earth's surface, including in the areas of exploitation of the deposits of the copaline, and rational land management;
2) taking into account the areas of fossil deposits, and the current and future needs of the exploitation of these deposits;
3) to provide a comprehensive solution to the problems of urban and rural development, with particular emphasis on water management, waste water disposal, waste management, transport and public transport systems, and facilities and land development greenery;
4) take into account the need to protect the waters, soil and land from pollution in connection with the farming activity;
5. ensuring the protection of environmental and climatic conditions;
5a) taking into account the needs of the prevention of mass movements of land and their effects;
6) take into account other needs in the field of protection of air, water, soil, land, protection against noise, vibrations and electromagnetic fields.
2. In the study of determinants and directions of spatial development of the communes and local spatial development plans, when allocating land for individual purposes and in determining the tasks associated with their development in the structure of the use of the site, the proportions to be used for the preservation or restoration of natural balances and good living conditions shall be established.
3. In the study of the determinants and directions of spatial development of the communes and local spatial development plans, the management of the degraded areas as a result of human activity, natural disasters and the mass movements of the earth.
4. Requirements referred to in paragraph 1-3, it is determined on the basis of the ekophysiographic studies, according to the type of the paper drawn up, the characteristics of the individual natural elements and their interlinking.
5. By the ekophysiographic paper, the documentation prepared for the needs of the local spatial development plan, the local spatial development plan and the spatial development plan shall be understood. voivodship, characterising individual natural elements in the area covered by the study or plan and their interconnections.
6. The Minister of the Environment, in consultation with the Minister responsible for the construction, planning and development of spatial planning and housing, will determine, by means of the regulation, the types, scope and manner of implementation of the studies the eccoophysical referred to in paragraph. 4, taking into account, where appropriate, the needs for which these studies are to be drawn up, the need to ensure the sustainability of the basic natural processes in the area covered by the zoning plan and the data on which the preparation is based those elaborations.
7. The provisions of the paragraph. 1 points 2 and 4 shall apply mutatis mutandis to the regional development plan of the voivodship.
Article 73. [ Restrictions on local zoning plan] 1. The local spatial development plan and the decision on the conditions for the construction and development of the site shall take into account, in particular, the limitations resulting from:
1) Establishment in the Act of 16 April 2004. o Nature conservation (Dz. U. of 2016 r. items 2134, 2249 and 2260 and from 2017 items 60 and 132) national park, nature reserve, landscape park, protected landscape area, Natura 2000 area, nature and landscape team, ecological use, documentation station, nature monuments and their otulin;
2) the creation of restricted use areas or industrial zones;
2a) the designation of the quiet areas in the agglomeration and the quiet areas outside the agglomeration;
3) the arrangements under the provisions of the Act-The water law of the conditions for the use of waters of the water region and the catchment area and the establishment of protection zones of water bodies, as well as the protection areas of the inland water bodies.
2. Communication lines, airliners and underground pipelines, cable lines and other linear objects shall be carried out and performed in such a way as to minimise their environmental impact, including:
1) protection of landscape valoriculls;
2) the possibility of moving wildly living animals.
3. Within the compact urban and rural development, the construction of establishments presenting a threat to the life or health of people, and in particular those presenting a threat to a major industrial accident, is prohibited. The extension of such establishments is acceptable on condition that it will lead to a reduction in the risk to human health, including the reduction of major industrial accidents.
3a. The provision of the paragraph. 3 does not concern the construction and extension of plants in areas defined in local zoning plans as areas intended for production, storage and storage activities, if these plans do not contain restrictions. for establishments presenting a risk to human life or health.
4. The betting risk of a major industrial accident shall be located at a safe distance from one another, from housing estates, from public utility facilities, from collective housing, from the areas referred to in the in paragraph (1) (1) and (3), from multiannual crops, from national roads, and from railway lines of national importance.
5. Housing housing, public utility buildings, collective residence buildings, the areas referred to in paragraph. 1 (1) and (3), national roads and railway lines of national importance shall be located at a safe distance from the plants causing the risk of a major industrial accident.
6. The existing establishments referred to in paragraph 1. 3 and 4, for which the safe distance has not been preserved, the authorities of the Environmental Protection Inspection may, after having obtained the opinion of the competent authority of the State Fire Service, issue a decision in the scope of imposing additional technical safeguards, to reduce the dangers to which people are exposed.
7. For planning and zoning purposes, the district commandant (city) of the State Fire Service may, after consulting the provincial environmental inspector, issue a decision imposing on the operator of the increased the risk of a major industrial accident, the obligation to develop and provide information on:
1) the likelihood of a major industrial accident;
2) the potential consequences of a major industrial accident and its scope.
8. Costs of the development and submission of the information referred to in paragraph. 7, cover the operator with an increased risk of a major industrial accident.
Article 73a. [ Delegation] The Minister for the Environment, in agreement with the Minister for Internal Affairs and the Minister responsible for the construction, planning and development of spatial planning and housing, shall determine by way of regulation:
1) the method of establishing the safe distance referred to in art. 73 (1) 4 and 5,
(2) types of major industrial accidents, the potential effects of which shall be taken into account when establishing the safe distance referred to in Article 3 (2). 73 (1) 4 and 5,
3) the boundary parameters of the potential consequences of major industrial accidents in the field of flammability, explosion and toxicity of dangerous substances, the sites of which should be taken into account when establishing a safe distance, o Article 2 73 (1) 4 and 5
-guided by the need to ensure a high level of protection of human beings and the environment.
Article 74. [ Preparation and implementation of investments] 1. Efficient use of the site should be ensured during the preparation and implementation of the investment.
2. The requirement referred to in paragraph 1 1, shall take into account in particular the designers and the administrative authorities laying down the conditions for the construction and development of land and the administrative authorities responsible for the expropriation of the property.
Article 75. [ Construction work] 1. In the course of construction work, the investor implementing the project is obliged to take into account the protection of the environment in the area of carrying out works, and in particular the protection of soil, greenery, the natural elevation of the terrain and water relations.
2. In carrying out construction works, it is permissible to use and convert natural elements only to the extent necessary in connection with the implementation of a specific investment.
(3) If protection of natural elements is not possible, measures should be taken to make good the damage caused, in particular by nature compensation.
4. The competent administrative authority in the building permit shall determine in detail the scope of the obligations referred to in paragraph 1. 1 and 3.
5. The required scope of the natural compensation in the case of projects for which the assessment of the environmental impact of the project was carried out under the Act of 3 October 2008. To provide information on the environment and its protection, public participation in environmental protection and environmental impact assessments, it shall set out a decision on environmental considerations and other decisions before which it has been issued. an assessment of the environmental impact of the project.
Article 76. [ Requirements for a newly built or remodeled building, object assembly or installation] 1. A newly built or reconstructed construction object, an assembly of facilities or an installation shall not be put into service if they do not meet the environmental requirements referred to in paragraph. 2.
2. The environmental protection requirements for a newly built or reconstructed building object, a team of facilities or installations are:
1) execution of the required regulations or specified in the administrative decisions of the technical measures protecting the environment;
2) the application of appropriate technological solutions, resulting from the statutes or decisions;
3) obtaining the required decisions determining the scope and conditions of the use of the environment.
4) (repealed)
3. A newly built or reconstructed building object, an assembly of facilities or an installation cannot be operated if within 30 days of the end of the movement they are not kept under the law of the emission standards or specified in the permit emission conditions, determined for the phase after the start of the start-up.
4. 30 days before the date of the devotion to use a newly built or reconstructed building object, a team of facilities or installations carried out as a project likely to have a significant impact on the environment within the meaning of the Act of 3 October 2008 To provide information about the environment and its protection, public participation in environmental protection and environmental impact assessments, the investor is obliged to inform the provincial environmental health inspector about the planned date:
1) the commissioning of a newly built or reconstructed building object, a team of facilities or installations;
2) the termination of the installation, if the installation is expected.
CHAPTER VIII
Environmental education, environmental research and advertising
Article 77. [ Curricula for general education for all types of schools] 1. The problem of environmental protection and sustainable development shall be taken into account in the curricula of general education for all types of schools.
2. The obligation referred to in paragraph. 1, also includes the organisers of courses leading to the acquisition of professional qualifications.
Article 78. [ Obligations of mass media] The mass media is obliged to shape the positive attitude of society to the protection of the environment and to popularize the principles of this protection in publications and programmes.
Article 79. [ Bodies taking into account in its research activities environmental issues] Administrative bodies, coordinating bodies and leading scientific and research activities, as well as universities, scientific and research establishments, covering their field of action in the field of science or scientific disciplines, which are binding on the environmental protection, they are required to take into account in the established programmes and in their research activities on environmental issues and to develop these studies.
Article 80. [ Rules applicable to advertisement and promotion of goods or services] Advertising or other promotion of goods or services should not include content promoting a consumption model which is contrary to the principles of environmental protection and sustainable development and, in particular, the use of wildlife to promote products and services which have a negative impact on the environment.
Art. 80a. [ Product information on environmental characteristics] 1. Advertising and other kind of promotion, containing information about the product within the scope specified in art. 167 par. 1, should be legible and should take into account the requirements laid down under Article 4 (1). 167 par. 4 point 3.
2. The Minister responsible for the economy, in agreement with the Minister of Environment, in order to ensure that consumers are able to easily assess the characteristics of the product which are relevant from the environmental point of view, may determine, by means of a regulations, detailed requirements for the insertion in advertising and promotional materials of the product information referred to in art. 167 par. 1, including:
1) a numerical indication allowing identification of the product or group of products and their name;
2) requirements as to the readability of product information.
Art. 80b. [ The supervision exercised by the Trade Inspection] Supervision of compliance with the requirements referred to in art. 80a ust. 2, shall exercise the Trade Inspection.
Art. 80c. [ Social organisation powers] Social organisations may apply to the competent authorities for measures intended to cease advertising or other promotion of goods or services, if advertising or other types of promotion are contrary to Article 4. 80.
TITLE II
Protecting your environment
SECTION I
General provisions
Article 81. [ Provisions governing the protection of environmental resources in detail] 1. The protection of environmental resources shall be implemented on the basis of the Act and specific provisions.
2. Detailed rules for the protection of waters determine the provisions of the Act-Water Law.
3. Detailed rules for the management of the mine deposit and the operation of environmental protection lay down the provisions of the Act-Geological and Mining Law.
4. Detailed Rules:
1) protection of areas and facilities with natural values, landscape, animals and plants at risk of extinctions and trees, shrubs and greenery-define the provisions of the Act on Nature Conservation;
2) the protection of forests-they set out the provisions of the Act on forests;
3) the protection of wild animals-they set out the provisions of the Act of 18 April 1985. of inland fishing (Dz. U. of 2015 items 652 and 2017 items 60), the Act of 16 October 1991. o Nature conservation [ 1] (Dz. U. of 2001. items 1079, of late. zm.) , of the Act of 13 October 1995. -Hunting law (Dz. U. of 2015 items 2168, of 2016 items 1082 and from 2017 items 60), as well as the Act of 6 September 2001. o Maritime fisheries [ 2] (Dz. U. Entry 1441 and 2002. items 1514) ;
4) the protection of livestock and domestic animals-they set out the provisions of the Act of 21 August 1997. on the protection of animals (Dz. U. of 2013 r. items 856, as of late. zm.);
5) the protection of agricultural and forestry land-they set out the provisions of the Act of 3 February 1995. on the protection of agricultural and forestry land.
Article 82. [ Ways to protect environmental resources] The protection of environmental resources shall be implemented in particular by:
1) the definition of environmental quality standards and the control of their attainment, as well as taking action to not exceed or reinstate them;
2. the limitation of emissions, under the conditions laid down in Title III.
Article 83. [ Environmental Quality Standards] 1. In determining the environmental quality standards, the scale of occurrence and the type of impact of the substance or energy on the environment shall be addressed.
2. The quality standards of the environment can be differentiated according to areas and are expressed as levels of substances or energy.
Article 84. [ A programme designed to bring about compliance with environmental quality standards] (1) In order to bring about compliance with the environmental quality standards in the cases indicated by law or specific provisions, programmes shall be established by means of a local law. The programmes are published in the Voivodship Official Journals.
2. The programme shall determine:
1) the area covered by its scope;
2) the breached environmental quality standards together with the indication of the extent of the infringement;
3) the basic directions and scope of activities necessary to restore environmental quality standards;
4) a schedule of the activities and finance of the planned activities;
5. the entities to which the obligations laid down in the programme are addressed;
6. where necessary, additional obligations of environmental actors, relating to the reduction of environmental impact, consisting of:
(a) the obligation to carry out measurements of emissions or levels of substances or energy in the environment,
(b) the obligation to communicate, with the indication of the frequency, the results of the measurements carried out and the information relating to compliance with the requirements of the licences,
(c) a reduction in the duration of the licences held by the operator concerned, but not less than 2 years;
(7) the responsibilities of the administrative authorities, consisting in the transmission to the host authority of a programme of information on the decisions to be given to the implementation of the programme;
8) how to control and document the implementation of the programme and its effects.
3. The determination of the programme content shall be made in particular on the basis of:
1) the assessment of the nature and scope of the current state of the environment, made especially on the basis of the state data monitoring of the environment;
2) an analysis of the possible application of solutions of an organisational, technical or economic nature of the planned activities, taking into account the necessity of the use of the technologies referred to in art. 143, or best available techniques;
3) an analysis of the cost of applying the proposed protective measures, taking into account their optimisation;
4) the analysis of the nature of the areas of limited use, existing on the territory covered by the programme, and the scope of the restrictions introduced in the use of these areas
4. The results of the assessments and analyses referred to in paragraph 1. 3, they shall be accounted for in the explanatory memorandum to the programme, subject to the conditions laid down in the Chapter I [ 3] in Chapter IV of Title I.
SECTION II
Air Protection
Article 85. [ Ways of air protection] Air protection consists in ensuring the best possible quality, in particular by:
1) maintaining levels of substances in the air below the limit values for them or at least at those levels;
2) reducing the levels of the substance in the air at least to be allowed when they are not kept;
3) reduce and maintain levels of substances in the air below target levels or levels of long-term objectives or at least at those levels.
Article 86. [ Delegation] 1. The Minister responsible for the environment in consultation with the Minister of Health competent for health, guided by the need to harmonise the rules for the assessment of air quality, will determine, by means of a regulation:
1) limit levels for certain substances in the air;
2) target levels for certain substances in the air;
3) levels of long-term objectives for certain substances in the air;
4) alarming levels for certain substances in the air, which even short term overrun may pose a risk to human health;
4a) the information levels for certain substances in the air;
4b) ceiling of the exposure concentration;
5) the conditions under which the level of substances, such as temperature and pressure, is determined;
6) a numerical designation of the substance, enabling it to be identified unambiguically;
7) the periods for which the average results of the measurements are avered.
8) (repealed)
2. In the Regulation referred to in paragraph. 1, may be fixed:
(1) the permitted rate of exceeding of the levels referred to in paragraph 1. 1 (1) and (2);
2. the time limits for the achievement of the levels and the ceiling referred to in paragraph 2. 1 (1) to (3) and (4b), for certain substances in the air;
3) the different levels referred to in paragraph. 1 points 1 to 3 and 4a, in view of the protection of human health and the protection of plants;
4) the margins of tolerance for certain limit levels, expressed as a declining percentage in relation to the acceptable level of the substance in the air in subsequent years.
3. (repealed)
4. (repealed)
5. (repealed)
6. The margin of tolerance shall be understood to mean the value for which an overrun of the permitted level of the substance in the air does not result in the obligation to draw up a draft resolution of the voivodship's purse on the air protection programme referred to in art. 91 (1) 1.
(7) If a tolerance margin is not specified for a substance, the area where the level of that substance in the air exceeds the acceptable level shall be classified in the zone referred to in Article 3. 89 par. 1 point 1.
Art. 86a. [ Method of calculation of the average exposure indicator] 1. The Minister of Environmental Affairs, in agreement with the Minister of Health, shall determine, by means of a regulation, the need to keep the exposure concentration ceiling and to determine and meet the national exposure reduction target:
1) the calculation of the value of the average exposure ratio for the city with a population of more than 100 thousand and agglomeration;
2) how the value of the national average exposure indicator is calculated;
3) how to assess the compliance of the exposure concentration ceiling.
2. The Chief Inspector of Environmental Protection, by the deadline of 30 June each year, shall calculate the value of the average exposure ratio for the previous year for a city with a population of more than 100 thousand and agglomeration for each such city and agglomeration and the value of the national average exposure indicator.
3. The Chief Inspector of Environmental Protection shall immediately communicate to the Minister responsible for the environment the values of the indicators referred to in paragraph. 2.
Art. 86b. [ Date of publication of the list of cities and agglomerations] The Minister responsible for the Environment announces, by means of the Notice, in the Official Journal of the Republic of Poland "Monitor Polski", by the date of 30 September each year, the list of cities with a population of more than 100 thousand and agglomeration, in which:
1. the value of the average exposure ratio for a city with a population of more than 100 thousand and an agglomeration exceeds the exposure concentration ceiling;
2. the value of the average exposure ratio for a city with a population of more than 100 thousand and agglomeration does not exceed the value of the exposure concentration ceiling.
Art. 86c. [ National Exposure Reduction Target] The Minister responsible for Environment will determine, by way of regulation, the national target of reducing exposure, guided by the need to protect human health.
Art. 86d. [ Participation of pollutants from natural sources at concentrations of pollutants in the air] Minister for the Environment, with the need to harmonise the rules for the assessment of air quality and to take into account, in these assessments, the participation of pollutants from natural sources or the salting and sanding of roads during the period In winter, it may determine, by means of a regulation, the method of determining the proportion of pollutants from these sources at concentrations of pollutants in the air.
Article 87. [ Zone] 1. Air quality assessments shall be made in the zones.
2. The zone provides:
1) agglomeration with a population of more than 250 thousand;
2) a city with a population of more than 100 thousand;
3) the remaining area of the voivodship, which is not part of the cities with a population of more than 100 thousand and agglomeration.
3. The Minister responsible for the environment shall, taking into account the substances whose level in the air is assessed, will determine, by means of a regulation, the zones referred to in the paragraph. 2, having regard to their names and codes.
Article 88. [ Zone Classification] 1. Air quality assessment and observation of changes shall be made in the framework of the state monitoring of the environment.
2. For the purpose of establishing an appropriate method of assessment of air quality in particular zones of the voivodship the environmental inspector shall at least every 5 years, subject to the paragraph. 4, the classification of zones, separately at the level of each substance, isolating zones where:
1) the limit values are exceeded;
1a) target levels are exceeded;
1b) the levels of long-term objectives are exceeded;
2. the level of the substance does not exceed the limit level and is higher than the upper assessment threshold;
2a) the level of the substance does not exceed the target level and is higher than the upper estimate threshold;
3) the level of the substance does not exceed the upper assessment threshold and is higher than the lower estimate threshold;
4. the level of the substance does not exceed the lower estimate threshold.
3. The upper and lower assessment thresholds shall be the percentage of the acceptable or target level of the substance in the air.
4. Classification for a level of a specific substance shall be carried out within 5 years if the total national quantity of that substance entering the air has been changed by at least 20% since the previous classification.
Article 89. [ Assessment of levels of substances in the air in a given zone] 1. The Provincial Environmental Inspector shall, by 30 April each year, evaluate the levels of the substance in the air in the given zone for the previous year, and separately for each substance it shall classify the zones in which the level as follows:
1) exceeds the permitted level increased by the margin of tolerance;
2. it falls between the level of the acceptable level and the level of tolerance increased by the margin of tolerance;
3. does not exceed the permitted level;
4) exceeds the target level;
5) does not exceed the target level;
6) exceed the level of long-term objective;
7. does not exceed the level of the long-term objective.
1a. The results of the evaluation and classification of the zones referred to in paragraph 1 shall be assessed. 1, the voivodship of the Environmental Protection Officer shall immediately transfer to the Management Board of the Voivodeship.
1b. In case of documenting the impact of pollutants coming from natural sources or salting and sanding of roads in the winter period to the level of the substance in the air, the provincial environmental inspector may, guided by the degree of influence impurities from these sources to exceeding the limit levels, take into account the impact of these pollutants in the assessment of the levels of substances in the air
2. (repealed)
3. (repealed)
4. (repealed)
5. (repealed)
Article 90. [ Measurements and other methods for assessing levels of substances in the air] 1. The Provincial Environmental Inspector makes an assessment of the levels of substances in the air on the basis of measurements or other assessment methods.
2. (repealed)
3. The Minister of Environmental Affairs, in agreement with the Minister of Health, shall, in accordance with the need to harmonise the rules for the assessment of air quality in the zones, determine by way of regulation:
1) the method and scope of the evaluation of the levels of substances in the air;
2) the upper and lower assessment thresholds for some substances in the air.
4. In the Regulation referred to in paragraph. 3, the following shall be established:
(1) the ranges of measurements required, broken down into continuous and periodic measurements;
2. criteria for the location of sampling points for substances;
3) the minimum number of fixed measurement points;
4) (repealed)
5) cases, when the assessment of air quality:
(a) it shall be carried out by means of measuring methods,
(b) may be carried out:
-using a combination of measurement methods and modelling methods,
-modelling methods or other methods of estimation;
6. reference methodologies;
7) requirements concerning the quality of measurements and other methods of assessment and the scope of documentation on the justification of the location of the measurement points;
8) criteria for the validation of data concerning the substances in the air during their aggregation and calculation of statistical parameters for the substance in the air.
5. In the Regulation referred to in paragraph. 3. may be fixed:
(1) the permissible frequency of exceeding the assessment thresholds;
2) how to determine the frequency of exceeding the estimation thresholds;
3) a range of measurements supporting the assessment of air quality, in particular the scope of conducting analyses of the chemical composition of dust.
6. Chief Inspector of Environmental Protection:
1) supervising the setting by the provincial environmental inspector of the manner of assessment of the air quality referred to in art. 88, and the assessment of the air quality and the classification of the zones referred to in Article 89 par. 1, including the approval of measurement networks and other assessment methods within the framework of the provincial monitoring programmes of the environment;
2. coordinate the measures to ensure the quality of air quality measurement and assessment by indicating quality procedures, including ensuring the consistency of measurement with the participation of design laboratories;
3) coordinate throughout the country the participation in quality assurance programmes organised by the European Commission.
Article 91. [ Air Protection Programme] 1. For the zones referred to in art. 89 par. 1 point 1, the management board of the voivodship, within 15 months from the date of receipt of the results of the assessment of the levels of the substances in the air and classification of the zones referred to in art. 89 par. 1, draw up and submit to the competent voters, mayors or presidents of cities and starostom a draft resolution on an air defence programme, with a view to achieving levels of acceptable substances in the air and a ceiling exposure levels.
2. The appointment, the mayor or president of the city and the starosta shall be required to deliver an opinion within one month from the date of receipt of the draft resolution on the air protection program referred to in paragraph. 1.
No opinion shall be given within the period referred to in paragraph 2. 2, means acceptance of the draft resolution on the air protection programme.
The Sejmik of the voivodship shall, within 18 months from the date of receipt of the results of the assessment of the levels of substances in the air and classification of zones referred to in art. 89 par. 1, specifies, by way of a resolution, the air protection program.
3a. For zones where limit levels are exceeded, the management of the voivodship shall draw up a draft resolution on the air defence programme, or an update thereof, the integral part of which is a short-term action plan, of which Article 92.
4. For the zones referred to in art. 89 par. 1 point 2, the management board of the voivodship shall determine the reasons for the exceedance of the levels of admissible substances in the air and inform the Minister responsible for the environment of the actions taken to reduce the emission of substances causing these overruns
5. For the zones referred to in art. 89 par. 1 point 4, the management board of the voivodship, within 15 months from the date of receipt of the results of the assessment of the levels of the substances in the air and classification of the zones referred to in art. 89 par. 1, draw up and submit to the competent voters, mayors or presidents of cities and starostom a draft resolution on an air defence programme aimed at achieving the levels of target substances in the air. The provisions of the paragraph 3 shall apply mutatis mutandis.
6. The appointment, the mayor or president of the city and the starosta shall be required to deliver an opinion within one month from the date of receipt of the draft resolution on the air protection program referred to in paragraph. 5.
6a. Failure to deliver an opinion within the time limit referred to in paragraph 1. 6, means acceptance of the draft resolution on the air protection program.
(7) A common air protection programme for these substances may be drawn up for zones where the level may be exceeded or the target level of more than one substance in the air.
8. If the reasons for exceeding the limit values or target levels of the substance in the air in the zones referred to in Article 89 par. 1 point 1 or 4, occur in the territory of another voivodship than the zones are located, the competent authorities of the voivodships cooperate in drawing up the air protection programmes referred to in the paragraph. For the exchange of information on possible sources of air quality exceedances and examples of measures to reduce them, on the exchange of information on possible sources of air substance levels.
9. The Management Board of the Voivodeship, in accordance with the provisions on the provision of information on the environment and its protection, public participation in the protection of the environment and about the environmental impact assessments, ensures the possibility of public participation in the proceedings, which subject to the preparation of an air defence programme.
9a. The draft resolution on the air protection programme, developed by the Voivodeship Board of Governors, should take into account the analysis carried out by the voivodship of the analysis of participation in the overruns of substance levels in the air of individual emission sources groups. of those substances and identify appropriate corrective action if the applicable limit levels or target levels of the substance are exceeded.
9b. Developed by the Board of Governors the project of the air protection programme should take into account the objectives included in other planning and strategic documents, including the National Air Protection Programme, the Voivodship Environmental Protection Programmes, regional operational programmes and the concept of spatial development of the country.
9c. In the case of zones for which air protection programs have been passed and air quality standards are exceeded, the management of the voivodship is obliged to develop a draft update of the program within 3 years from the date of entry into force of the resolution the Sejmik of the voivodship on the air protection programme, specifying in it protective measures for the population groups sensitive to the overrun, covering in particular the elderly and children.
9d. After the determination of the National Exposure Reduction Target, the Board of Governors is obliged to develop a draft update of the Air Protection Programme, specifying additional activities aimed at achieving the national exposure reduction target.
9e. The provisions concerning the mode of adoption of the air protection programme shall apply mutatis mutandis to its updating.
(10) The Minister responsible for the environment will determine, by means of a regulation, the detailed requirements to be met by air defence programmes and short-term action plans, the form of drawing up and the necessary components of the protection programmes. air and short-term action plans, as well as the range of issues that should be identified and assessed in those programmes and plans, taking into account the objectives of those programmes and plans and the need to ensure protection of human health and protection environment.
11. (repealed)
Article 91a. [ Zone exceeding the level of long-term objective] In the case of occurrence in the area of the voivodship of zones referred to in art. 89 par. 1 point 6, the achievement of the levels of long-term objectives is one of the objectives of the provincial environmental protection programmes referred to in art. 17.
Article 91b. [ The date of notification of the deferral of deferral] 1. In the case of occurrence in the area of the voivodship of the zones referred to in art. 89 par. 1 point 1, it is possible to submit a notification of the intention to postpone the deferral until 1 January 2015. the time limits for the achievement of limit levels in the case of nitrogen dioxide and benzene, provided that the air protection programme has been adopted taking into account the specific requirements of the legislation adopted on the basis of Article 91 (1) 10.
2. The notification together with the air protection program for a given zone the management board of the voivodship shall pass the Minister with the competent environmental issues.
3. The Minister responsible for the environment shall notify the notification to the European Commission through the Permanent Representation of the Republic of Poland to the European Union.
4. The deed referred to in paragraph 1, it is possible after the decision by the European Commission.
Art. 91c. [ National air protection programme] 1. Where the exceedance of the limit levels or target substances in the air occurs in a significant area of the country, and the measures taken by the authorities of the local government do not affect the limitation of emissions of pollutants into the air, The Minister for Environment may draw up a national air protection programme, which is a document of a strategic nature which sets out the objectives and directions of action to be taken into account in the air defence programmes.
2. The Minister of the Environment, in the case of the development of the National Air Protection Programme, announces in the Official Gazette of the Republic of Poland "Monitor Polski" the message about the address of the website where this program is located, and the date from which it is to be used.
Art. 91d. [ National Exposure Reduction Target] If the exposure concentration ceiling is exceeded, the national exposure reduction target should be one of the objectives of the provincial environmental protection programmes, to which, at the earliest update, additional actions are introduced in the the area of air protection.
Article 92. [ Short-term action plan] 1. In the case of the risk of occurrence in a given zone exceeding the level of alarm, permissible or target substance in the air, the management board of the voivodship, within 15 months from the date of receipt of the information about this risk from the provincial inspector environmental protection, developing and presenting to the competent authorities, mayors or presidents of cities and starostom a draft resolution on a short-term action plan, where action is set up to:
1) reduction of the risk of such exceedances;
2) limitation of the effects and duration of the overruns.
1a. The appointment, mayor or president of the city and the starosta shall be obliged to deliver an opinion within one month from the date of receipt of the draft resolution on the short-term action plan referred to in paragraph. 1.
1b. Failure to deliver an opinion within the time limit referred to in paragraph 1. 1a, means acceptance of the draft resolution on the short-term action plan.
1c. Sejmik of the voivodship, within 18 months from the date of receipt of the information about the risk referred to in the paragraph. 1, from the provincial environmental protection inspector, shall determine, by way of a resolution, the short-term action plan referred to in the paragraph. 1.
1d. In the case of the risk of occurrence in a given zone of exceedance of the alert level, the permissible or the target substance in the air of the voivodship crisis management team referred to in art. 14 para. 7 of the Act of 26 April 2007. on crisis management (Dz. U. of 2017 items 209), informs the competent authorities of the need to take action on a specific plan of short-term action.
2. The short-term action plan shall in particular include:
1) a list of the entities using the environment, obliged to limit or stop introducing from the installation of gases or dusts into the air;
2) the manner of organisation and restriction or prohibition of the movement of vehicles and other devices powered by combustion engines;
3) how the authorities, institutions and bodies enjoying the environment and the behaviour of the citizens in the event of exceedances arise;
4) determining the mode and manner of announcing the existence of exceedances.
3. (repealed)
Art. 92a. [ Action related to the transfer of impurities from the territory of another country] 1. In the case of occurrence in the territory of the Republic of Poland the risk of transversal levels of permissible or exceedances of the target or permissible levels, increased by the margin of tolerance, or alert levels and targets long-term, caused by the transfer of pollution from the territory of another State, the Minister responsible for the environment, after consulting the Chief Inspector of Environmental Protection, through the Management Board of the Voivodship competent for the area, on which is found to be the risk of overruns or exceedances, consultations with the competent authority of that State in order to analyse the possibility of eliminating or reducing the risk of overruns and the effects and duration of the overruns.
2. In the event of obtaining from another country information on the occurrence of risk of exceedances of permissible levels or exceedances of target or permissible levels, increased by the margin of tolerance, or alert levels and targets long-term, caused by the transmission of impurities from the territory of the Republic of Poland, consultations with the competent authority of another state conducts the management of the voivodship competent for the area suspected of being transferred pollution.
3. The Board of the voivodship shall immediately inform the Minister responsible for the environment of the results of the consultations referred to in the paragraph. 1 and 2.
4. In the event of the need to take action as noted after the consultations referred to in paragraph 1. 1 and 2, at the request of another country, the minister responsible for the environment shall cooperate, through the management of the voivodship responsible for the given area, with the aim of preparing and carrying out joint air protection programs or plans short-term activities, covering the territory of another country.
5. The Minister of Environmental Affairs may undertake cooperation with other Member States of the European Union and the European Commission in the field of coordination in the territory of the Republic of Poland joint air protection programs or plans short-term actions, if it considers it appropriate to the extent of the gravity or the complexity of the matter in the field referred to in paragraph 1. 6.
6. The Minister of Environmental Affairs shall cooperate, through the Management Board of the Voivodeship competent for the area at which the risk of exceedances has been identified, with other Member States of the European Union and the European Commission in the field of coordination within the territory of the Republic of Poland of common air protection programmes or short-term action plans, including the exchange of information on possible sources of exceedances of substance levels in the air and sample activities to reduce those exceedances.
7. The Chief Inspector of Environmental Protection shall cooperate, through the provincial Environmental Protection Officer responsible for the area at which the risk of exceedances has been identified, with the competent authority in another member state of the European Union and the European Commission for the assessment and assurance of air quality measurements.
8. The Chief Inspector of Environmental Protection may undertake cooperation with other Member States of the European Union and the European Commission on the exchange of information on the performance of evaluation and provision of air quality measurements, if it deems this to be appropriate due to the importance or the intricacess of the case.
Art. 92b. [ Providing air quality state information] 1. Information on the condition of air quality, including the location of all zones within the territory of the Republic of Poland, where the assessment of air quality and its condition is made, shall be made available on the website of the Main Inspectorate of Protection The environment. The page shall also provide information on the retracting decisions referred to in Article 4. 91b (b) 4, of the applicable air defence programmes and short-term action plans.
2. The Minister of Environmental Affairs shall inform the Chief Environmental Inspectorate of the information on the dissent decisions, the air defence programmes and the short-term action plans referred to in paragraph 1. 1, in order to make them available on the website.
Article 93. [ Notification of the risk of exceedances or alarm levels of the substance in the air] 1. Voivodship crisis management team, referred to in art. 14 para. 7 of the Act of 26 April 2007. on crisis management, shall immediately inform the public and the entities referred to in Article. 92 (1) Article 2 (1), in a way customary in a given area, of the risk of an exceedance of the alert level, the acceptable or the target substance in the air, and the occurrence of an exceedance of the alert, limit or target level substances.
2. The notification shall include in particular:
1) the date, time and area at which the risk of overrun or overrun occurred, and the reasons for that condition;
2) the forecast of changes in the levels of the substance in the air, including the causes of these changes, the area to which it relates, and the duration of the overrun or the risk of its occurrence;
3. an indication of the population groups susceptible to the overrun, including, in particular, the elderly and children, and the precautions to be taken by them;
4) information about the applicable restrictions and other countermeasures.
Article 94. [ Implementation of the air protection programme] 1. The Provincial Environmental Inspector passes the Main Inspectorate of Environmental Protection:
1. the results of the classification of the zones referred to in art. 88 ust. 2;
2) the results of the measurements referred to in art. 90 par. 1;
3) the results of the assessment of the levels of substances in the air and the results of the classification of zones referred to in art. 89;
4) information on the identified exceedations of the alert levels of the substance in the air referred to in art. 93.
1a. Chief Inspector of Environmental Protection on the basis of the results and information referred to in paragraph. 1, makes a pooled assessment of the quality of the air in the country.
1b. In the event of a risk of the occurrence of exceeding the level of the target or acceptable substance in the air in a given zone of the voivodship the environmental inspector shall notify the competent management of the voivodship
1c. The Provincial Environmental Inspector notifies the voivodship of the crisis management team, referred to in art. 14 para. 7 of the Act of 26 April 2007. crisis management, exceeding the levels obliging them to take action as defined in the short-term action plans.
1d. The Chief Inspector of Environmental Protection, by 31 October each year, makes available on the website of the Main Inspectorate of Environmental Protection the annual reports of air quality assessment in the country for the previous year.
1e. The Chief Inspector of Environmental Protection, by 31 October each year, makes available on the website of the Main Inspectorate of Environmental Protection information on the value of the average exposure ratio for the city with the number of inhabitants greater than 100 000 and agglomeration and the value of the national average exposure ratio for the previous year.
2. The Management Board of the voivodship, within 18 months from the date of receipt of the results of assessment of the levels of substances in the air and classification of zones referred to in art. 89 par. 1, shall transmit to the Minister responsible for the environment the information about the decision of the Sejmik of the voivodship of air protection programmes referred to in art. 91. The Board of the voivodship shall inform the Minister responsible for the environment of the resolution by the Sejmik of the Voivodship Plan of short-term actions.
2a. The Management Board of the voivodship, every 3 years, shall submit to the Minister responsible for the environment the report on implementation of air protection programmes referred to in art. 91, as well as the short-term action plans referred to in Article 4 (1). 92, as from the date of entry into force of the resolution on the determination of the air defence programme or the short-term action plan, until the date of completion of the relevant programme or plan, respectively.
2b. If the implementation of the air defence programme or of the short-term action plan is planned for a period of less than 3 years, the report referred to in paragraph shall be provided. 2a, the board of the voivodship shall submit at the latest 6 months after the completion of this programme or plan.
3. The Minister responsible for the environment, taking into account the need to collect data and information for national needs and international obligations, will determine, by means of a regulation, the scope and method of transmission of the information referred to in paragraph. 1, 2 and 2a.
4. In the Regulation referred to in paragraph. 3, the following shall be established:
1. deadlines for the transmission of information;
2) the form of the information transmitted;
3. the layout of the information transmitted;
4) the required techniques for the communication of information.
Article 95. [ Obligation to conduct measurement of levels of harmful substances in the air] 1. In an area where there is an exceedance of the acceptable level of the substance in the air, in relation to the plants where the installation is operated, which is qualified as a project likely to have significant effects on the environment in the the meaning of the Act of 3 October 2008. o the sharing of information on the environment and its protection, public participation in environmental protection and on environmental impact assessments, the Marshal of the voivodship may, by decision, impose on an entity using the environment that leads activity causing the introduction of substances into the air, the obligation to carry out measurements of levels of this substance in the air.
2. In the case referred to in paragraph. 1, the entity is obliged to store the results of the measurements for 5 years from the end of the calendar year to which they relate.
3. The procedure for the adoption of the decision referred to in paragraph 1. 1, shall be initiated from office.
Article 96. [ Introduction of restrictions or prohibitions in the operation of installations where fuels are incinerate] 1. The Sejmik of the voivodship may, by way of a resolution, in order to prevent a negative impact on human health or the environment, introduce restrictions or prohibitions in the scope of operation of installations in which the combustion of fuels occurs.
2. The draft resolution referred to in paragraph 2. 1, shall develop the Board of Governors. The Board of Directors of the voivodship presents a draft resolution for the opinion of the competent local authorities, mayors or presidents of cities and starostom.
3. The appointment, the mayor or president of the city and the starosta shall be required to deliver an opinion within one month from the date of receipt of the draft resolution referred to in the paragraph. 2.
4. An opinion shall not be delivered within the time limit referred to in paragraph 1. 3, means the acceptance of the draft resolution.
5. In proceedings, the subject of which shall be the elabed of the resolution referred to in paragraph 1. 1, the provisions of Chapter 3 of Chapter 3 of the Act of 3 October 2008 shall apply accordingly. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
6. The praise referred to in the mouth. 1, specifies:
1) the boundaries of the area where the restrictions or prohibitions referred to in paragraph are introduced. 1;
2) the types of entities or installations for which the restrictions or prohibitions referred to in paragraph are introduced. 1;
3) the types or quality of fuels authorised for use or the use of which is prohibited in the area referred to in point 1, or technical parameters or technical solutions or parameters of the emission of installations where fuels are incinerating, allowed for use in this area.
7. The Uchwała referred to in paragraph. 1, may also specify:
1) the manner or purpose of the use of fuels, which is subject to the restrictions set out in the resolution;
2) the duration of the restrictions or prohibitions in the course of the year;
3) the obligations of the bodies covered by the resolution to the extent necessary for the control of the implementation of the resolution.
8. The Uchwała referred to in paragraph. 1, shall not apply to installations for which an integrated permit or a permit for the introduction of gases or dust into the air is required, or a notification is made.
9. The praise referred to in the mouth. 1, is an act of local law.
Art. 96a. [ List of control tasks performed by water supply] 1. The voivodship with the help of the provincial environmental protection supervisor shall exercise supervision in the scope of:
1) the timely adoption of air protection programmes and short-term action plans referred to in art. 91 and Art. 92;
2) the execution of tasks defined in the air protection programs and short-term action plans by the mayor, mayor or president of the city, the starostess, and other entities.
2. The provisions of the Act on the Inspectorate of Environmental Protection shall apply to the exercise of the control tasks by the provincial environmental protection supervisor, taking into account the paragraph. 3-6.
3. The Provincial Inspectorate of Environmental Protection as a result of the inspection carried out may issue the post-control recommendations.
4. A controlled authority may submit in writing objections to the post-control recommendations within 14 days from the date of their service.
5. The provincial environmental inspector shall address the reservations of the inspected body within 14 days from the date of their service.
6. The controlled body shall, within 30 days from the date of service of the address of the voivodship of the environment protection inspector to its reservations, notify it of the implementation of the post-control recommendations and the comments and conclusions therein, having in mind the changes as a result of the reservations made by the Provincial Environmental Protection Officer.
SECTION III
Protection of waters
Article 97. [ Ways of protection of waters] 1. The protection of waters shall be to ensure the best possible quality, including maintaining the quantity of water at a level ensuring the protection of biological equilibrium, in particular by:
1) maintaining the quality of the waters above or at least at the level required by the regulations;
2) bringing the quality of the waters at least to the required level provisions when it is not achieved.
2. The level of water quality shall be determined taking into account the amount of substance and energy in the waters and the degree of the ability to function of aquatic ecosystems.
Article 98. [ Underground waters and their power areas] 1. Underground waters and their areas of power shall be subject to the protection of, in particular, the following:
1) reducing the risk of pollution of these waters by limiting the impact on the areas of their power;
2) maintaining the balance of resources of these waters.
2. For the purposes referred to in paragraph. 1, it shall be created in particular under the rules laid down by the Law-Water Law, the protection areas of inland water bodies.
3. If the special provision does not provide otherwise, underground waters shall be devoted to satisfying the needs of the former people.
Article 99. [ Actions for the protection of water quality level] The administration bodies shall plan and implement the water quality level protection activities taking into account hydrographic water catchment areas.
Article 100. [ Change of water relations] 1. In the planning and implementation of the project, solutions should be used which will limit the change of water relations to the size necessary due to the specificity of the project.
2. If a temporary change of water relations is necessary, it shall be allowed only for the period necessary.
3. Anyone who temporarily has led to a change of water relations is obliged to take action to restore them, when the change is no longer necessary.
SECTION IV
Protection of earth's surface
Article 101. [ Ways to protect the surface of the earth] The protection of the earth's surface is:
(1) the rational management;
2. preservation of environmental, economic, social and cultural functions, including, among others:
(a) the production of food and biomass,
(b) the storage, filtering and transformation of nutrients, substances and water,
(c) the development of life and biodiversity,
(d) the source of
(e) the carbon stock reservoir,
(f) a collection of geological, geomorphologic and archaeological heritage;
3. the prevention of pollution by substances causing risks and remediation;
4) preserving as the best condition of the soil by preventing:
(a) water erosion and windy erosion,
(b) the decline in the soil caries content,
(c) compaction, which means that the increase in volumetric density and the reduction of soil porosity is understood,
(d) the salinity due to the accumulation of soluble salts in the soil,
(e) actions which cause acidification;
5) minimize the degree and alleviate the effects of soil clue by:
(a) limiting to the minimum necessary soil surface area covered by the construction,
(b) the preservation or creation of a surface of biologically active soils capable of mitigating the degrading activities of the developed and polluting areas;
6) prevent mass movements of land and their effects;
7) counteracting adverse changes in the natural formation of the earth's surface, consisting of:
(a) restriction of the creation, resulting from the movement or removal of natural and rock masses and extractive waste, excavations, excavations, embankments and waste water,
(b) the prevention of soil destruction, including the mixing of its genetic levels, which do not result from the cultivation of arable land,
(c) the prevention and reduction of the destruction of the vegetation cover,
(d) ensuring the rational use of displaced or removable earth and rock masses,
(e) ensuring the rational use of the layer of tooth decay, mainly in the direction of restoration and improvement of soils,
(f) reshaping the function or preparing for new functions of land where there is a negative transformation of the natural surface of the earth.
Article 101a. [ Assessment of land surface pollution] 1. The pollution of the earth's surface shall be assessed on the basis of the exceeding of the permitted content of the substances causing risks in the soil or in the ground.
2. Permissible content in the soil and in the soil of the substance causing risk means the content below which none of the functions performed by the surface of the earth is significantly affected, taking into account the effects of that substance on human health and the condition environment.
3. The function performed by the surface of the earth shall be assessed on the basis of its actual use and utilization, unless another function results from the zoning plan.
4. The soil, land or groundwater shall not be considered as contaminated if the content of the substances found in it is of natural origin.
5. The Minister of Environment, having regard to the impact of certain activities on the state of the earth's surface, including the risks to human health and the state of the environment, and to the need to harmonise the rules and principles; and minimising the cost of soil and soil pollution tests, shall determine by means of the Regulation the way in which soil surface pollution has been assessed, including:
1) substances causing risk particularly relevant for the protection of the earth's surface, their acceptable content in soil and acceptable content in the land, differentiated for individual properties of soil and land groups, separated by how they are used;
2. detailed requirements for the determination of the permitted content in soil and the acceptable content of the substance in the land of the substance, other than that indicated in point 1, taking into account the analysis of its effects on human health and the state of the environment;
3. the stages of identification of contaminated sites, in particular:
(a) a way of establishing the activities likely to be the cause of pollution in the area in question or in the past,
(b) the manner in which a list of substances which cause a risk to occur in soil or land is expected due to the activity referred to in point (a),
(c) sources of information relevant for the assessment of the risk of soil or soil contamination,
(d) conditions for the recognition of existing soil and soil contamination tests as current,
(e) the stages and means of carrying out soil and soil pollution tests;
(4) the types of activity likely to cause historical pollution of the earth's surface, together with an indication of the samples for these activities;
5) reference methodologies for the implementation of soil and soil pollution tests;
6. detailed requirements for the assessment of soil, land or groundwater contamination at the site where it is or has been in the past operated by an installation requiring an integrated permit, to ensure identification any contamination before the installation, during and after the operation of the installation, including the requirements for the scope and manner of drawing up of the initial report referred to in Article 208 para. 2 point 4 (a) of the measurements referred to in Article 4 (4) (a) of the 211 (1) 6 point 4, and the final report referred to in art. 217b (b) 1.
Article 101b. [ Assessment, examination and observation of soil and soil condition] National monitoring of the environment shall be carried out on the basis of the evaluation and testing and observation of the state of soil and soil.
Art. 101c. [ Register of historical pollution of the earth surface] 1. General Director of Environmental Protection conducts a register of historical pollution of the earth's surface.
2. The register shall collect the information:
1) on the potential historical pollution of the earth's surface and the historical pollution of the earth's surface, including their characteristics, location, time of occurrence and the current status of the land on which they occur;
2) on the remediations carried out and the results achieved in their ecological effects;
3) about the activities carried out in areas where the potential historical pollution of the earth's surface or the historical pollution of the earth's surface has occurred, currently, and, if such information is available, in the past;
4) the name or the name of the land of the earth and the address of its residence or establishment;
5) the name or the name of the remediation and the address of his or her residence or establishment;
6) determination of the subject of business activity, in accordance with the Polish Classification of Activities (PKD), performed on the territory where the potential historical pollution of the land surface or historical pollution of the surface occurs land, through the land of the earth;
7) the definition of the subject of economic activity, in accordance with the Polish Classification of Activities (PKD), carried out in the field, on which there is historical pollution of the earth's surface, by the obligation to carry out the remediation;
8) other than those indicated in points 1 to 7, relevant information on historical pollution of the earth's surface, in particular on administrative and judicial and administrative proceedings in cases of historical pollution of the surface land.
3. Regional Director of Environmental Protection, by means of a decision addressed to the ruler of the earth's surface, shall make to the register an entry about the potential historical contamination of the earth's surface, not later than within 6 months from the date of receipt as follows:
1) the list referred to in art. 101d par. 6;
2) update of the list referred to in Article 101d par. 8;
3) the notification referred to in art. 101e par. 1.
4. The decision referred to in paragraph. 3, contains an indication of the location where the potential historical contamination of the earth's surface occurs.
5. The Regional Director of Environmental Protection shall update and supplement the register on the basis of:
1) update of the list referred to in art. 101d par. 8,
2) the research referred to in art. 101f ust. 1 or Art. 101g par. 1,
3) the remediation plan referred to in art. 101l par. 1,
4) the assessment of the conduct of the remediation referred to in art. 101n ust. 1
-not later than 6 months from the date on which they are received, carried out, determined or made.
6. The Regional Director of Environmental Protection, making an entry in the register, updating or completing the register, means the current status of the site as a site, on which:
1) there is potential historical pollution of the earth's surface-if the information on the site is included in the list referred to in art. 101d par. 6, or in the notification referred to in art. 101e par. 1;
2) there is historical pollution of the earth's surface-if on the premises the tests referred to in art have been carried out. 101f ust. 1 or in Art. 101g par. 1, which confirms the historical pollution of the earth's surface;
3) there is a historical pollution of the earth's surface during the remediation-if a remediation plan referred to in art was established for a given site. 101l par. 1;
4) the remediation has been completed-if the assessment of the remediation referred to in Art. 101n ust. 1, it will demonstrate that the remediation was carried out according to a set of remediation plan.
7. The Regional Director of Environmental Protection, by means of a decision addressed to the ruler of the earth's surface, shall delete the entry in the register if the historical contamination of the earth's surface is not confirmed, in particular when the tests soil and soil contamination referred to in art. 101f ust. 1 or in Art. 101g par. 1, or the research carried out in the development of the remediation plan referred to in art. 101l par. 1, they have not confirmed the occurrence of historical contamination of the earth's surface on a given site.
8. The General Director of Environmental Protection may make changes to the register if it finds that the data contained in it do not conform to the information possessed, in particular as a result of administrative proceedings in the historical field. surface contamination of the earth.
9. The register shall be carried out:
1) with the use of the ICT system;
2) by voivodship, in a manner permitting the compilation of data for the area of the whole country;
3) in a way that allows you to sort data.
10. Direct access to all data contained in the register shall be provided through the ICT system of environmental protection authorities and the authorities of the Inspectorate for Environmental Protection.
11. The absence of an entry in the register does not hold the proceedings on the issue of the decision, referred to in art. 101f ust. 1, art. 101k ust. 2 or 3, art. 101l par. 4, art. 101m (1) 1 point 2 or art. 101o ust. 2.
12. The Minister of Environmental Affairs, taking into account the need to ensure access to information on the environment, and the usefulness and ensure the smooth functioning of the register will determine, by means of a regulation, a detailed scope of information which are collected in the registry.
Art. 101d. [ Identification of potential historical pollution of the earth surface] 1. The Starosta shall identify potential historical impurities of the earth's surface, through:
1. establishment of an activity which is likely to cause historical pollution of the earth's surface, which was carried out in the area before 30 April 2007;
2) the establishment of a list of substances causing risks, the occurrence of which in soil or land is expected due to the activity referred to in point 1;
3) analysis of available information on the risk of soil or soil contamination;
4) if necessary, the execution of the first stage of soil and soil pollution testing by the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a.
2. The identification of potential historical pollution of the earth's surface is not carried out in the areas where the activity is carried out, the main purpose of which is the defence and security of the state or international security.
3. The Starosta or the authorized person by him shall be authorized to enter the territory of the ruler of the earth for the purpose of carrying out the research of soil and soil contamination.
4. In the case referred to in paragraph. 3, the ruler of the earth shall be obliged to enable the performance of the research in the territory of his/her ruler.
5. The ruler of the earth shall, at the request of the starost, transmit any information in his possession concerning the potential historical pollution of the earth's surface and its possible sources.
6. The Starosta draws up a list of potential historical pollution of the earth's surface
7. The list shall include:
1) the address, the numbers of the registration parcels and information on their surface;
2) information about the current and, as far as possible, the intended use of land use;
3) information on the activities carried out in the field;
4) information on the activities carried out on the site in the past, if such information is available;
5) information on soil properties on the premises;
6) the names of the substances causing the risk and information about their contents in the soil and in the ground;
7) information about the remediation of the current and past on the premises;
(8) the name or name of the remediation and the address of his residence or establishment;
9. the name or name of the land of the earth and the address of its residence or place of establishment.
8. The Starosta shall update the list once every 2 years.
9. The Starosta submits a list and, once every 2 years, its update to the Regional Director of the Environment through electronic means of communication or data media.
Art. 101e. [ Notification of historical pollution of the earth surface] 1. The ruler of the earth, which has stated the historical pollution of the earth's surface on the territory of its rule, is obliged to report this fact to the Regional Director of Environmental Protection without delay.
2. The notification referred to in paragraph. 1, contains:
1. the name of the declarant and the address of the applicant and the address of his residence or establishment;
2. the address and number of the registration parcel;
3) information on the time of the occurrence of the pollution of the earth's surface, including, if possible, documents prima facie evidence that the notification concerns the historical pollution of the earth's surface;
4. documentary evidence of contamination of the surface of the earth, including the names of the substances causing the risk and the results of soil and soil pollution tests carried out by the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a.
3. Anyone who has stated the potential historical pollution of the earth's surface may report this fact of the old age.
4. The notification referred to in paragraph. 3, contains:
1. the name of the declarant and the address of the applicant and the address of his residence or establishment;
2) the indication of the place, where possible by providing the address or number of the registration parcel;
3) information on the time of the occurrence of the pollution of the earth's surface, including, if possible, documents prima facie evidence that the notification concerns the historical pollution of the earth's surface;
4) a description of the situation identified, indicating the occurrence of a potential historical contamination of the earth's surface, a dossier which is likely to present its occurrence, including, where possible, the names of the substances causing the risk and the results of the tests soil and soil pollution of these substances, carried out by the laboratory referred to in Article 147a ust. 1 point 1 or paragraph. 1a.
5. The notification referred to in paragraph 1. 1 and 3, submitted in electronic form, shall be accompanied by the scanned documents or documentation referred to in the paragraph respectively. 2 points 3 and 4 and in paragraph 4. 4 points 3 and 4.
Art. 101f. [ Obligation to carry out soil and soil pollution tests] 1. On the territory of which it was conducted before 30 April 2007 activities which are likely to cause historical pollution of the earth with a high probability and there are indications of historical pollution of the earth's surface, such as listing, o This is a matter of the 101d par. 6, or the notification referred to in art. 101e par. 1, the regional director of environmental protection may, by decision, impose on the ruler of the land that is a recipient of the environment, the obligation to carry out soil and soil pollution tests and set a deadline for submission the results of those tests.
2. Research of soil and soil contamination referred to in paragraph. 1, performs the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a.
3. The provision of the paragraph. 1 shall not apply where an operator of the environment has an integrated permit, which specifies the way in which soil and soil pollution tests are carried out.
4. The subject referred to in paragraph 1. 1, shall keep the results of the surveys for a period of 5 years from the end of the calendar year to which they relate, and shall submit them to the Regional Director of the Environment and the Provincial Environmental Inspectorate at their request.
5. The procedure for the adoption of the decision referred to in paragraph 1. 1, shall be initiated from office.
Art. 101g. [ Examination of soil and soil pollution by regional director of environmental protection] 1. The Regional Director of Environmental Protection may perform soil and land pollution tests to confirm the occurrence of historical pollution of the earth's surface or to develop a remediation plan, in the case other than indicated in art. 101f ust. 1.
2. Research of soil and soil contamination referred to in paragraph. 1, performs the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a.
3. A public order for the implementation of the soil and soil pollution tests referred to in paragraph. 1, includes one-off tests or all studies within a specified period.
4. The Regional Director of Environmental Protection or the authorized person by him shall be entitled to enter the territory of the ruler of the earth for the purpose of carrying out the research of soil and soil contamination.
5. In the case referred to in paragraph. 4, the ruler of the earth is required to enable the performance of the research on the territory in which it is ruled.
Art. 101h. [ Remediation] 1. The ruler of the earth, on which there is historical pollution of the earth's surface, is obliged to carry out remediation.
2. If the ruler of the earth surface shows that the historical pollution of the earth's surface made after the date of the rule of the land was caused by another designated entity, hereinafter referred to as the "other perpetrator", the obligation to carry out the remediation rests with other perpetrators.
3. If the pollution has been caused by another perpetrator with the consent or knowledge of the wielding surface of the earth, the ruler of the earth's surface shall be obliged to carry out the remediation jointly and severally with another perpetrator.
4. In the case referred to in paragraph. 3, the decision referred to in art. 101l par. 4 and art. 101m (1) 1 point 2, it is also referred to the ruler of the earth.
Art. 101i. [ Conducting remediation in case of historical contamination of the earth's surface area] The regional director of environmental protection, in the case of historical contamination of the earth's surface, shall carry out a remediation if:
1) it cannot be initiated against the ruler of the land of enforcement proceedings concerning the obligation to carry out a remediation or execution has proved to be ineffective;
2) the ruler of the earth shall show that the pollution, made after the date of his or her possession, caused another perpetrator, against whom enforcement proceedings concerning the obligation to remediation cannot be initiated, or execution it has proved to be ineffective;
3) the ruler of the earth has made a declaration on the basis of art. 12 of the Act of 27 July 2001. on the introduction of the Act-Environmental law, the Waste Act, and the amendment of some laws (Dz. U. Entry 1085, with late. zm.) and the starosta included the notification in a register containing information on areas where the soil or soil quality standards were exceeded, detailing the sites on which the reclamation obligation was aggravated by the starostess;
4. in view of the risk to human health or the possibility of irreparable damage to the environment, it is necessary to carry out an action without delay.
Art. 101j. [ Schedule of tasks for the historical pollution of the earth surface] 1. The Regional Director of Environmental Protection establishes a schedule of its tasks in the area of historical pollution of the earth's surface and at least once every 5 years makes its updates.
2. The schedule includes:
1) studies of soil and soil pollution in areas where there is potential historical pollution of the earth's surface;
2) the development of remediation plans for sites for which historical pollution of the land surface has been confirmed;
3) conducting the remediation of historical impurities of the earth's surface, referred to in art. 101i.
3. When establishing and updating the schedule, account shall be taken of the need to remediate the sites which pose the greatest risk to human health or the state of the environment in the first place, and the possibility of financing tasks shall be taken into account. the regional director of environmental protection in the following years.
4. During the development or updating of the regional schedule, the Director of Environmental Protection shall consult the Management Board of the National Fund for Environmental Protection and Water Management and the Management Board of the competent provincial environmental protection fund, and the water management capacity of those funds to be assisted by the schedule of tasks.
5. The Regional Director of Environmental Protection shall elaborate and transmit to the General Director of the Environment, every 5 years, a report on the implementation of the tasks covered by the schedule.
Art. 101k. [ Remediation costs] 1. Remediation costs include costs:
1) research of soil and soil pollution;
2) develop a draft remediation plan;
3) conduct the remediation.
2. In the cases referred to in art. 101i point 4, the regional director of environmental protection imposes, by means of a decision, on the ruler of the land, the obligation to reimbursing the costs of remediation, specifying the amount, method and timing of their payment.
3. If the ruler of the earth shows that the historical pollution of the earth's surface has been effected after the date of its possession, the remediation of which has resulted in the incurred costs referred to in paragraph 1. 1, caused another perpetrator, the regional director of environmental protection imposes, by decision, an obligation to return these costs to another perpetrator, specifying in it the amount, manner and timing of their payment.
4. The Regional Director of Environmental Protection may waiver the request for reimbursement of all or part of the costs of remediation, if:
1) the ruler of the earth's surface or any other perpetrator has not been identified or cannot be initiated against him by enforcement proceedings, or the execution has proved to be ineffective;
2) the costs of enforcement proceedings are higher than the amount recoverable.
5. Claims against the ruler of the land or other perpetrators of the reimbursement of the costs of remediation shall expire within 5 years from the date on which the decision referred to in the paragraph is accordingly. 2 or 3, it became final.
6. The provisions of Section III of the Act of 29 August 1997 apply to the receivables due to the obligation to refund remediation costs. -Tax Ordinance (Dz. U. of 2017 items 201), except that the powers of the tax authorities are granted to the regional director of environmental protection.
Art. 101l. [ Remediation plan] 1. The Remediation of the historical pollution of the earth's surface shall be carried out according to the established remediation plan.
2. The ruler of the earth or other culprit, required to remediate the historical pollution of the earth's surface, shall be obliged to submit to the regional director of environmental protection a request for a determining decision a remediation plan which contains a draft remediation plan; the written request shall be accompanied by an electronic record of the data media.
3. The draft remediation plan contains information about:
1) the premises requiring the remediation, by indicating the address and number of the record parcels and its surface;
2) the current and, where possible, the intended use of the contaminated site;
3) soil properties and the type of land cover, including vegetation and construction;
4) the names of the substances causing the risk, together with the results of the soil and soil contamination tests of these substances, carried out by the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a;
(5) the names of the substances causing the risk and their contents in the soil and in the land to which the remediation will lead;
6) assessing the occurrence of a significant risk to human health or the state of the environment;
7. the geological structure and hydrogeological conditions necessary to make the assessment referred to in point 6, if necessary;
8) the planned way of conducting the remediation;
9) the planned time of commencation and completion of the remediation;
10) the way of confirming the conduct of the remediation and the time limit of submission of the documentation from its conduct, including the results of soil and land contamination tests carried out by the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a.
4. The remediation plan shall be determined by the Regional Director of the Environment by means of a decision determining:
1) the premises requiring remediation, by indicating the address and numbers of the records parcels and its surface;
2. the names of the substances causing the risk and their contents in the soil and in the land to which the remediation will lead;
3) the way of conducting the remediation;
4) the deadline for the start and end of the remediation;
5) the manner of confirmation of the conduct of the remediation and the deadline for submission of documentation from its conduct, including the results of soil and earth pollution tests carried out by the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a.
5. The Regional Director of Environmental Protection issues the decision referred to in the paragraph. 4, after seeking an opinion on the draft remediation plan:
1) the state provincial health inspector-with regard to the assessment of the occurrence of a significant threat to the health of people in a given area;
2) the state district health inspector-with regard to pollution in the shots of water intended for consumption;
3. the director of the district mining office, in relation to pollution caused by the movement of the mining plant;
4) Director of the Regional Directorate of State Forests-as regards pollution on land under the management of the State Forest State Forests Forest;
5) the director of the national park-with regard to pollution in the area of the national park and its otulina;
6) Director of the Regional Management Board of the Water Management-with regard to pollution in the protection zones of water shots;
7) the old age-with regard to the pollution of land used for agricultural purposes.
6. If pollution occurs on a site to which another perpetrator does not have a legal title, the ruler of the earth is required to permit the execution of soil and soil pollution tests, as well as the conduct of remediation in accordance with a remediation plan established by the decision referred to in paragraph 1. 4.
Art. 101m. [ Failure to carry out remediation obligations] 1. Where the ruler of the earth's surface or other perpetrator does not carry out remediation, despite the fact that according to art. 101h is obliged to do so, regional director of environmental protection:
1) calls on him to submit the proposal referred to in art. 101l par. 2, within the prescribed period;
2) if it has not submitted a request according to the call-imposes on the lord the surface of the earth or other perpetrator, by decision, the obligation to carry out the remediation on the basis established by the Regional Director of Environmental Protection of the Plan remediation.
2. In the decision referred to in paragraph. 1 point 2, the obligation to reimburse the design of the remediation plan, the amount thereof, the time and date of payment shall be established and the remediation plan shall be set out:
1) containing information on:
(a) the current and, as far as possible, the intended use of the contaminated site,
(b) soil properties and land cover types, including vegetation and construction,
(c) the names of the substances causing the risk, together with the results of the soil and soil pollution tests carried out by the laboratory referred to in Article 3 (1) of the Regulation. 147a ust. 1 point 1 or paragraph. 1a,
(d) assessing the existence of a significant risk to human health or the environment,
(e) the geological construction and the hydrogeological conditions necessary for the assessment referred to in point (s). d-if necessary;
2. specifying:
(a) the premises requiring the remediation, by indicating the address and number of the record parcels and the area of the land,
(b) the names of the substances causing the risk and their content in the soil and in the land to which the remediation will lead,
(c) the way of remediation,
(d) the time limit for the beginning and end of
(e) the manner in which the remediation has been confirmed and the time limit for the submission of the documentation, including the results of soil and soil pollution tests carried out by the laboratory referred to in Article 3 (1), 147a ust. 1 point 1 or paragraph. 1a.
3. When issuing the decision referred to in paragraph. The provisions of Article 1 (2) shall apply mutatis mutandis. 101l par. 5.
4. In the case referred to in paragraph. Point 2 shall not apply to the provisions of Article 1. 362.
5. In the case referred to in paragraph. 1 point 2, the development of a project of a regional remediation plan, the director of environmental protection may commission an economic operator who, by virtue of his/her competences, experience and technical and organisational conditions, will ensure that his work is properly developed.
6. The provisions of Chapter III of the Act of 29 August 1997 apply to the receivables under the obligation to reimburse the costs of the development of a remediation plan. -Tax law, except that the powers of the tax authorities are granted to the regional director of environmental protection.
7. If pollution occurs on a site to which another perpetrator does not have a legal title, the ruler of the earth is required to permit the execution of soil and soil pollution tests, as well as to carry out the remediation according to the remediation plan as set out in the decision referred to in paragraph 1. 1 point 2.
Art. 101n. [ Evaluation of remediation] 1. The regional director of environmental protection shall evaluate the conduct of the remediation, which consists in the statement of the conformity of the remediation with the established remediation plan.
(2) Where a remediation with an established remediation plan is found to be incompatible, the provisions on enforcement proceedings in the administration shall be applied.
Art. 101o. [ The obligation to enable remediation] 1. If the regional director of environmental protection carries out the remediation referred to in art. 101i, the ruler of the earth is obliged to enable it to carry out under the conditions set out in the decision referred to in paragraph 1. 2, as well as to enable soil and soil pollution tests to be carried out.
2. The Regional Director of Environmental Protection, for the purpose of conducting the remediation, shall determine, by means of a decision addressed to the ruler of the earth's surface, the extent of the provision of the land by it, and establish a remediation plan:
1) containing information on:
(a) the current and, as far as possible, the intended use of the contaminated site,
(b) soil properties and land cover types, including vegetation and construction,
(c) the names of the substances causing the risk, together with the results of the soil and soil pollution tests carried out by the laboratory referred to in Article 3 (1) of the Regulation. 147a ust. 1 point 1 or paragraph. 1a,
(d) assessing the existence of a significant risk to human health or the environment,
(e) the geological construction and the hydrogeological conditions necessary for the assessment referred to in point (s). d-if necessary;
2. specifying:
(a) the premises requiring the remediation, by indicating the address and number of the record parcels and the area of the land,
(b) the names of the substances causing the risk and their content in the soil and in the land to which the remediation will lead,
(c) the way of remediation,
(d) the time limit for the beginning and end of
(e) the manner in which the remediation has been confirmed and the time limit for the submission of the documentation, including the results of soil and soil pollution tests carried out by the laboratory referred to in Article 3 (1), 147a ust. 1 point 1 or paragraph. 1a.
3. The procedure for the issue of the decision referred to in the paragraph. 2, shall be initiated from office.
4. When issuing the decision referred to in paragraph. 2, the provisions of Article 4 shall apply mutatis mutandis. 101l par. 5.
5. In the case referred to in art. 101i, drafting a remediation plan or carrying out a regional remediation, the director of environmental protection may commission an economic operator who, owing to his/her competences, experience and technical and organizational conditions, will guarantee they shall be properly drawn up or carried out accordingly.
Art. 101p. [ Assessment of significant risk to human health or the state of the environment] 1. When assessing the occurrence of a significant risk to human health or the state of the environment referred to in art. 101l par. 3 point 6, art. 101m (1) 2 point 1 (c) d and Art. 101o ust. In particular, point 1 (d) shall be taken into account in particular:
1) the chemical form in which the contamination occurs and its bioavailability;
2) the possibility of spreading pollution;
3) potential routes of exposure, taking into account the spread of pollution depending on the properties of the soil, shaping, geological construction and hydrogeological conditions, as well as land coverage;
4) the environment and people who could suffer as a result of pollution;
5) the presence on the contaminated site and in its surroundings especially arable land, gardens, parks, playgrounds, sports grounds, residential and utility buildings, nature conservation forms, drinking water resources and water shots.
2. If the assessment of the occurrence of a significant risk to human health or the state of the environment shows that there is no significant risk to human health or the state of the environment, the regional director of environmental protection may release the wielding surface land or other perpetrator, either by decision, from the obligation to remediate or not to remediate, as referred to in art. 101i.
3. The Minister of Environmental Affairs, in consultation with the Minister of Health, in order to harmonise the need for the implementation of the assessment of the occurrence of significant risks to human health or the state of the environment, may specify, in the the way of the Regulation, the manner in which the assessment of the occurrence of a significant risk to human health or the state of the environment and the reference methodologies for the modelling of the spreading of substances in soil, land and ground
Art. 101q. [ Possible ways to remediate] 1. The following means of remediation are allowed:
1) the removal of the contamination, at least to the acceptable content in the soil and in the soil of the substances causing the risk;
2. other than those referred to in point 1, leading to the removal of a significant risk to human health and the state of the environment, taking into account the present and, where possible, the intended use of the site, such as:
(a) a reduction in the quantities
(b) reducing the potential for the spread of pollution and controlling pollution by periodically carrying out soil and soil pollution tests within a specified period of time, or
(c) carrying out the self-cleaning of the earth's surface, possible actions to assist the self-cleaning, controlling pollution by periodically carrying out soil and soil pollution tests within a specified period of time, possible limitation the access of people to the polluted area and the possible need to change the use of contaminated land.
2. When planning or determining how to conduct the remediation in the first place, the removal of the contamination referred to in paragraph shall be considered. 1 point 1.
3. Ascension from the removal of the pollution referred to in paragraph. Article 1 (1), and the remediation in the manner referred to in paragraph 1. 1 point 2, may be accepted if:
1) no known technologies or means to remove the contamination are known or
2) the environmental negative effects of the actions carried out in order to remove pollution would be disproportionate to the benefits achieved in the environment, or
3) the clean-up costs of pollution removal would be disproportionately high in relation to the benefits achieved in the environment and it is reasonable to carry out the remediation in the manner referred to in paragraph 1. 1 point 2, as demonstrated in the analysis of the costs and benefits of several variants of the way in which the remediation was carried out, or
(4) The remediation is required to demonstrate that the pollutant occurred before 1 September 1980.
Art. 101r. [ Exceeding the tolerable content of the substance causing the risk] It shall be prohibited to use soil or land for groundwork, including the use of sediments from the bottom of surface water bodies of standing waters or of liquid waters, if the content of the resulting substance is exceeded in them. the risk, as defined in the legislation issued on the basis of Article 101a (1) 5, for land occurring at the place of use of this soil or land.
Article 110a. [ Sites threatened by mass soil movements] 1. The Starosta observes the observation of areas threatened by the mass movements of the earth and the areas in which these movements occur, as well as a register containing information about these areas.
2. The Minister responsible for the environment in agreement with the Minister for Agriculture and the Minister for the Construction, Planning and Development of Spatial Planning and Housing shall determine, by means of a regulation:
(1) the methods, scope and frequency of observation of the areas referred to in paragraph 1. 1, and the way in which these areas are to be determined, shall be guided by the need to limit the occurrence of damage caused by the mass movements of the earth;
2. the information to be contained in the register referred to in paragraph 1. 1, as well as the way in which it is conducted and the form and layout of that register, shall be guided by the need to provide comprehensive information on the areas at risk of the mass movements of the land and the areas in which these movements occur, and taking into account the location, conditions and conditions of this register. geological and soil of these areas, as well as a description of the risks of the mass movements of the earth.
CHAPTER V
Noise protection
Article 112. [ Ways to ensure protection against noise] Noise protection is to ensure the best sound state of the environment, in particular by:
1. maintenance of the noise level below, or at least, at that level;
2. to reduce the noise level at least to an acceptable level when it is not kept.
Art. 112a. [ Noise indicators] Whenever the provisions of this chapter are referred to as noise indicators, it is understood by the noise parameters determined by the A-weighted sound level expressed in decibels (dB), including:
1. the noise indicators applicable to the long-term environmental policy of noise, in particular for the drawing up of the acoustic maps referred to in Article 3 (1) of Regulation (EC) No longer applicable. 118 (1) 1, and environmental protection programmes referred to in art. 119 (1) 1:
a) LDWN-long-term average sound level A expressed in decibels (dB), designated during all days of the year, taking into account the time of day (understood as the duration of the hour from the hour) 6 00 up to hour 18 00 ), the pores of the evening (understood as the duration of the hour from the hour) 18 00 up to hour 22 00 ) and the pores of the night (understood as the time interval from the hour) 22 00 up to hour 6 00 );
b) LN-long-term average sound level A expressed in decibels (dB), designated during all seasons of the night of the year (understood as the duration of the hour from the hour). 22 00 up to hour 6 00 );
2. the noise indicators applicable to the establishment and control of the conditions of use of the environment in relation to one day:
a) LAeq D-equivalent sound level A for the time of the day (understood as the duration of the hour from the hour 6 00 up to hour 22 00 );
b) LAeq N-equivalent sound level A for the time of the night (understood as the duration of the hour from the hour 22 00 up to hour 6 00 ).
Art. 112b. [ Delegation] 1. The Minister responsible for the environment shall determine, by means of a regulation, the method for determining the value of the noise indicator referred to in Article 3. 112a point 1 (a), having regard to the need for a long-term policy on noise protection, the need to use noise indicators to establish and control the environmental conditions and documents in force in this respect. standardization within the meaning of the Act of 12 September 2002. o standardization (Dz. U. of 2015 items 1483).
2. In the Regulation referred to in paragraph. 1, the minister responsible for the environment may determine how the values of the noise indicators referred to in art are to be determined. 112a (2).
Article 113. [ Delegation] 1. The Minister responsible for the environment, in consultation with the Minister responsible for health, shall determine, by means of a regulation, the permissible sound levels in the environment, guided by the need to ensure adequate protection of the environment from noise, and Having regard to the provisions of European Union law relating to the assessment and management of environmental noise levels.
2. In the Regulation referred to in paragraph. 1, they shall be determined:
1. differentiated permissible noise levels specified by the noise indicators LDWN, LN, LAeq D and LAeq N for the following types of land used in the actual use:
(a) for housing,
(b) under hospitals and homes for social assistance,
(c) under buildings associated with a permanent or temporary stay of children and young people,
(d) for health purposes,
(e) for recreation and leisure purposes,
(f) for housing and service construction;
2. permissible sound levels, taking into account the type of object or activity which is the source of noise;
3) the periods to which the noise levels refer, as a reference time.
3. In the Regulation referred to in paragraph. 1, noise levels may be fixed, taking into account:
1) variability of the operation of sources of noise over time;
2. frequency characteristics of noise;
3) the content of acoustic impulses.
Article 114. [ The inclusion of the sites referred to in Article 113 (1) 2 (1) for the drawing up of the local zoning plan] 1. The local zoning plan shall take account of the areas referred to in Article 4. 113 (1) 2 point 1.
2. If the area can be counted among several types of land referred to in art. 113 (1) 2 (1), it is considered that the permissible sound levels should be fixed as for the prevailing type of land.
3. If in closed areas and in areas intended for production, storage and storage there is housing, hospitals, social assistance houses or buildings associated with a permanent or temporary stay of children and adolescents, protection against noise consists in the application of technical solutions providing appropriate acoustic conditions in buildings.
4. In the case of housing construction, hospitals, social assistance houses or buildings associated with permanent or temporary stay of children and young people, located on the border of the road lane or an adjacent area of land within the meaning of the Act of 28 March 2003 o Rail transport (Dz. U. of 2016 r. items 1727, from late. zm.), protection against noise consists in the use of technical solutions ensuring proper acoustic conditions in buildings.
Article 115. [ Difference of terrain in terms of noise in the absence of a local zoning plan] In the absence of a local spatial plan, the assessment of whether or not the site belongs to the types of land referred to in Article 4 (1) of the Regulation. 113 (1) Article 2 (1), the competent authorities shall, on the basis of the actual use and use of that and neighbouring areas, make the provision of this Article. 114 par. 2 shall apply mutatis mutandis.
Art. 115a. [ Decision on permissible sound level] 1. In the case of the finding by the environmental authority, on the basis of own measurements, measurements made by the provincial environmental protection inspector or the measurements of the entity obliged to carry them out, that out of the plant, as a result of its the activity, the permissible noise levels are exceeded, that authority shall issue a decision on the permissible noise level; the noise indicator LAeq D or LAeq N shall be deemed to exceed the permissible noise level.
2. If the noise arises in connection with the operation of roads, railways, tram lines, cable railways, ports and airports or with the activities of a non-economic person, the decision referred to in paragraph 1 shall be provided. 1, it does not appear.
3. In the decision referred to in paragraph. For the types of sites referred to in Article 1, it shall specify the permissible noise levels outside the establishment using the noise indicators LAeq D and LAeq N. 113 (1) 2 point 1, for which the plant is acting.
4. In the decision referred to in paragraph. 1, requirements may be specified to not exceed the limits of permissible noise levels, and in particular:
1) the distribution of the working time of noise sources for the whole good, together with the expected variants;
2) the scope, method and frequency of the measurement of noise level measurements to the extent that they go beyond the requirements referred to in art. 147 and 148;
3) the procedure in case of damage to the apparatus used to measure the noise level, if its use is required;
4) the form, layout, techniques and timing of the submission of the results of the measurements referred to in point 2, the authority competent to issue the decision and the provincial environmental protection inspector; for the results of the performed measurements the provision of art shall be applied accordingly. 147 para. 6.
5. The procedure for the adoption of the decision referred to in paragraph 1. 1, shall be initiated from office.
6. (repealed)
7. The decision referred to in paragraph. 1, may be subject to change in the case of:
(1) the adoption or loss of an existing local spatial development plan in respect of areas affected by noise from the establishment;
2) changes in the actual management and use of the property, which is affected by the noise from the plant, not covered by the local spatial development plan;
3) changes in the applicable permissible noise levels.
Article 116. [ Restrictions on vessels operating in areas for leisure and leisure purposes] 1. The Council of the district, by way of a resolution, subject to the paragraph. 2 and 4, limit or prohibit the use of vessels or certain of their types on specific surface water tanks of standing waters and liquid waters, where this is necessary to ensure adequate sound conditions in areas intended for recreation and leisure.
2. On inland waterways, restrictions and prohibitions shall, by way of regulation, be introduced by the Minister responsible for the environment, in agreement with the Minister responsible for transport.
3. In the Regulation referred to in paragraph. 2, they shall be determined:
1. name or other indication of the liquid or water reservoir, or parts thereof, on which restrictions or prohibitions apply;
2. the types of vessels to which the prohibitions or restrictions apply, which may be characterised by:
(a) the intended purpose
(b) technical parameters, such as size and type of propulsion;
3) prohibitions and restrictions on the use of the units in the period of the year, days of the week or a day.
4. The restrictions shall not apply to vessels the use of which is necessary for the purposes of public safety or to the maintenance of liquids and water bodies.
Article 117. [ Acoustic state assessment of the environment] 1. Environmental assessment of the environment and the observation of changes shall be made in the framework of the state environmental monitoring based on the results of measurement of noise levels specified by the LDWN and LN noise indicators and taking into account the remaining data, in In particular, demographic and land-use planning and use have been made.
2. Environmental assessment of the environmental condition shall be carried out obligatory for:
1) agglomeration with a population of more than 100 thousand;
2. the areas outside the agglomerations referred to in art. 179 (1) 1.
3. A county environmental programme may specify other than those mentioned in the paragraph. 2 areas for which an acoustic state assessment of the environment will be carried out.
4. Measurements for the assessment of the sound state of the environment shall be made taking into account the requirements referred to in art. Par. 148 1 and Art. 176 (1) 1.
5. In areas not mentioned in the mouth. 2 environmental assessment of the environment shall be carried out by the voivodship of the environmental inspector.
Article 118. [ Acoustic map] 1. For the assessment of the sound state of the environment referred to in art. 117 par. 2 points 1 and paragraph 2 3, the starosta shall draw up, every 5 years, the acoustic maps, subject to the paragraph. 2.
2. Drawing an acoustic map, the starosta shall take into account the information resulting from the acoustic maps referred to in art. 179 (1) 1.
3. The map referred to in paragraph. 1, should consist of a descriptive part and a graphic part.
4. The descriptive part shall include in particular:
1) the characteristics of the area to be assessed;
2. identification and characterisation of noise sources;
3) the acoustic conditions resulting from the local zoning plan;
4) the methods used to make the assessment;
5) summary of test results;
6. identification of areas at risk of noise;
7) the number of people at risk of noise;
8) analysis of trends in environmental sound changes;
9) proposals for action in the field of protection against noise.
5. The graphic part shall include in particular:
1) a map characterizing the noise emitted from individual sources;
2) a map of the sound state of the environment, with an indication of the areas where the permissible noise levels occur, with reference to the local zoning plan;
3) map of areas at risk of noise;
4) a map showing the anticipated results of the actions referred to in paragraph. 4 point 9.
6. The area in which the noise levels are exceeded shall be understood by the area at risk of noise, the LDWN indicators or the LN indicators referred to in Article 3 shall be covered by the noise. 113.
7. (repealed)
8. (repealed)
9. (repealed)
10. The Minister responsible for Health, in consultation with the Minister of Environment, may determine, by means of a regulation, indicators reflecting the relationship between exposure to noise and the effect of harmful or burdensome effects noise for the purpose of drawing acoustic maps or other documents relating to the assessment of the sound state of the environment, guided by the need to protect human health; by the effect of harmful noise it is understood the effects harmful to human health, and by the effect of noise burdensome-negative reactions of man without noticeable harmful effects effects on his health.
11. The Minister of Health, in consultation with the Minister responsible for the environment, may determine, by means of a regulation, ways of assessing the sound state of the environment using indicators reflecting the relations between Exposure to noise and its harmful or disruptive effect, guided by the need to protect human health.
Article 118a. [ Methods of use of the acoustic map] 1. The acoustic map, developed on the copies of the maps constituting the state geodesic and cartographic resource, constitutes the primary source of data used for the purposes:
1) to inform the public about the dangers of the environment by noise;
2) the development of data for the state monitoring of the environment;
3) the creation and updating of environmental protection programmes before noise.
2. The Minister responsible for the environment shall determine, by means of a regulation, the detailed scope of the data included on the acoustic maps and their layout and presentation, taking into account the objectives for which the data are to be used.
Article 118b. [ Uchwała designating Areas of quiet] 1. The district council may, by way of resolution, designate quiet areas in agglomeration or quiet areas outside the agglomeration, taking into account the specific needs of protection against noise of these areas and providing requirements to ensure the maintenance of the noise level at least on an existing level.
2. The draft resolution referred to in paragraph 2. 1, shall be subject to agreement with the relevant local mayor, mayor or president of the city within 30 days; failure by the body to take a position within this period shall be considered as a lack of reservations to the draft resolution.
Article 118c. [ Appointment and assessment of noise emissions] The noise emissions shall be determined and evaluated on the basis of noise level measurements in the environment.
Article 119. [ Environmental protection programme before noise] 1. For areas where the noise level exceeds the permissible level, environmental protection programmes are set up before noise, the aim of which is to adjust the noise level to the acceptable level.
2. For the sites referred to in art. 117 par. 2 points 1 and paragraph 2 3, programmes shall be adopted by the Council of the District and for the areas referred to in Article 3. 117 par. 2 point 2, the programmes shall specify, by way of a resolution, the state purse seismic.
2a. The body referred to in paragraph 2. 2, provides for the possibility of public participation in the proceedings, the object of which is to draw up an environmental programme before the noise.
3. The Minister responsible for the environment will determine, by means of a regulation, the detailed requirements that the environmental programme should comply with before the noise.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
(1) a form of programme preparation;
2) the necessary component parts of the programme;
3) a range of issues that should be identified and evaluated in the programme;
4) how to set the schedule of planned activities for individual sites using indicators characterising the magnitude of the exceedance of the permissible noise level and the number of inhabitants in the area.
4a. The authority responsible for the establishment of the environmental programme before noise shall draw up, together with a summary of its programme, a non-specialised language, which shall include a discussion of all the important aspects of the actions envisaged in the programme, presentation of graphical presentation and tabular data.
5. The programme for the land referred to in art. 117 par. Article 2 (2) must be determined within 1 year of the date of presentation of the acoustic map by the entity responsible for drawing up the acoustic map.
6. The programmes referred to in paragraph 1. 1, shall be updated at least once every five years, and in the event of circumstances justifying the amendment of the plan or the timetable for implementation.
Article 120. [ The responsibilities of the authorities relating to the environmental programme before the noise] 1. The Starosta passes, immediately after the preparation, the management board of the voivodship, the provincial environmental protection inspector and the state provincial sanitary inspector of the acoustic maps referred to in art. 118.
2. The Starosta gives the provincial environmental protection supervisor a program of environmental protection against noise as soon as the programme has been adopted by the district council.
3. Marshal of the voivodship shall transfer the provincial environmental protection program to the environmental protection program before the noise immediately after the resolution of the programme by the state's purse seismist.
Art. 120a. [ Register of environmental sound state] 1. The Provincial Environmental Inspector shall keep a register containing information on the sound state of the environment, on the basis of measurements, tests and analyses carried out in the framework of the state monitoring of the environment.
2. The Minister responsible for the environment shall determine, by means of a regulation, the detailed requirements for the register referred to in paragraph 1. 1, including:
1) the types of results of the measurements, tests and analyses subject to registration,
2) the layout of the register,
3) the form of registration of the results of measurements, tests and analyses
-guided by the need to provide comprehensive information on the sound state of the environment.
3. The Provincial Environmental Inspector passes the Main Inspectorate of Environmental Protection, by 31 March each year, the information from the register referred to in paragraph. 1, for the previous year.
CHAPTER VI
Protection against electromagnetic fields
Article 121. [ Ways to ensure protection against electromagnetic fields] Protection against electromagnetic fields consists in ensuring the best possible state of the environment by:
1) maintaining the levels of electromagnetic fields below the limit values or at least at those levels;
2) reducing the levels of electromagnetic fields at least to limit when they are not kept.
Article 122. [ Delegation] 1. The Minister of the Environment, in consultation with the Minister of Health, will determine, by regulation, the permissible levels of electromagnetic fields in the environment and how to check the compliance of these levels.
2. In the Regulation referred to in paragraph. 1, they shall be determined:
1) differentiated levels of electromagnetic fields for:
(a) land intended for housing,
(b) places available to the public;
2) the frequency ranges of electromagnetic fields, for which the physical parameters are determined, characterizing the effects of electromagnetic fields on the environment, to which the electromagnetic field levels refer;
3. the limit values of the physical parameters referred to in point 2 for each frequency range to which the electromagnetic field levels refer.
3. Ways to check the compliance of the levels referred to in paragraph. 1, determined by the indication of the methods:
1) perform measurements of the levels of electromagnetic fields in the environment for the individual frequency bands referred to in paragraph. 2;
2) determination of the levels of electromagnetic fields, if in the environment there are electromagnetic fields with frequencies from the different ranges referred to in paragraph. 2.
Art. 122a. [ Entities required to measure the levels of electromagnetic fields in the environment] 1. The operator of the installation and the user of the device emitting electromagnetic fields, which are electrical stations or aerated electric lines with a rated voltage of not less than 110 kV, or installations Radio-communications, radionavigation or radio-broadcasting, emitting electromagnetic fields, whose equivalent isotropic radiated power is not less than 15 W, emitting electromagnetic fields with frequencies from 30 kHz to 300 GHz, are required to perform measurements of electromagnetic field levels in environment:
1) immediately after the start of the use of the installation or device;
2. each time the operating conditions of the installation or the device are changed, including changes caused by changes in the equipment of the installation or the device, if these changes may affect the change of the levels of electromagnetic fields, the source of which is installation or device.
2. The results of the measurements referred to in paragraph. 1, shall be transferred to the provincial environmental protection inspector and the state provincial health inspectorate.
3. The Minister responsible for the environment may determine, by means of a regulation, the requirements for the results of the measurements referred to in paragraph. 1, guided by the need to unify the results of the measurements and to ensure that they are properly executed.
Article 123. [ Assessment of electromagnetic field levels in the environment and observation of changes] 1. The assessment of the levels of electromagnetic fields in the environment and the observation of changes shall be made in the framework of the state monitoring of the environment.
2. The provincial environmental inspector conducts periodic testing of the levels of electromagnetic fields in the environment.
3. The Minister responsible for the environment may determine, by means of a regulation, the scope and conduct of the research referred to in the paragraph. 2.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
1) the choice of measurement points;
2) the required frequency of measurements.
5. In the Regulation referred to in paragraph. 3, ways of presenting the results of the measurements may be established.
Article 124. [ Register of sites with exceings of acceptable levels of electromagnetic fields in the environment] 1. The Provincial Environmental Inspectorate conducts, updated annually, a register containing information about the areas where the permissible levels of electromagnetic fields in the environment have been established, detailing the exceedances concerning:
(1) the land for housing;
2) the places available to the population.
2. The places available to the public shall be understood to be all places, except for places to which access of the population is forbidden or impossible without the use of technical equipment.
CHAPTER VII
Protection of copalin
Article 125. [ Conservation of copalin deposits] Copalin deposits are subject to the protection of the rational management of their resources and the comprehensive use of the copalin, including the accompanying copalines.
Article 126. [ Operation of the mine deposit] 1. The operation of the mine deposit shall be carried out in an economically reasonable manner, using the means of limiting damage to the environment and ensuring rational extraction and management of the copaline.
2. The suspected operation of the mine deposits or the operator of this operation shall take the necessary measures to protect the resources of the deposit, as well as to protect the earth's surface and surface water and groundwater, successively to carry out rehabilitation of the post-mining areas and restore to the appropriate state other natural elements.
CHAPTER VIII
Protection of animals and plants
Article 127. [ Ways to ensure protection of animals and plants] 1. The protection of animals and plants consists of:
1) preserving valuable ecosystems, biodiversity and maintaining natural equilibrium;
2) creating conditions for proper development and optimal compliance by animals and vegetation of biological function in the environment;
3. the prevention or reduction of negative impacts on the environment, which could adversely affect the resources and the condition of the animals and plants;
4) preventing the threats of natural complexes and creations of nature.
2. The protection referred to in paragraph 2. 1, shall be implemented in particular by:
1) embracing the protection of areas and objects of valuable natural habitats;
2. establishment of protection of species of animals and plants;
3. restricting the ability to obtain wild animals and plants;
4) reproducing animal populations and plant sites, and ensuring reproduction of wild animals and plants;
5) securing forests and sores against pollution and fire;
6. limiting the possibility of cutting down trees and shrubs and winding down the green areas;
7) afforestation, resuming or creating a cluster of vegetation, especially when they address the need to protect soil, animals, climate change and other needs related to the provision of biodiversity, natural equilibrium and meeting the needs of recreation and leisure activities;
8) overseeing the deliberate release of GMOs into the environment and placing on the market within the meaning of the provisions of the Act of 22 June 2001. with micro-organisms and genetically modified organisms (Dz. U. of 2015 items 806 and 2016 items 2003).
Article 128. [ Protection of animals and plants in polygons] 1. The protection of animals and plants on polygons in the course of training of the Armed Forces of the Republic of Poland, hereinafter referred to as the "Armed Forces", shall be ensured by:
1) the situation of polygonal objects in areas with low natural value;
2. determination of areas of natural value, such as breeding sites of animals and birds, the sites of protected plants, and the introduction of appropriate restrictions on training activities in the training areas;
3) the application of organizational and technical solutions limiting the damage and the successive removal of damage;
4. carrying out training of trained soldiers as to the rules of conduct in the field of polygon due to the restrictions resulting from the protection of animals and plants.
2. The rules for the protection of animals and plants in the areas of polygons shall be taken into account in the training instructions for polygons.
3. The Minister of National Defence, in agreement with the Minister of the Environment, will determine, by way of regulation, detailed rules for the preparation of training instructions for the provision of animal and plant protection requirements in the course of training Armed forces on polygons.
4. In the Regulation referred to in paragraph. 3, will be taken into account:
1) the issues included in the training manual, in which the requirements of the protection of animals and plants should be considered;
2) how to take into account the specific requirements of the protection of animals and plants;
(3) the conditions for the location of polygons and the specificities of their operation to be taken into account in the definition of the requirements for the protection of animals and plants.
5. In the event of the provision of polygons to units of the armed forces of foreign states, the provisions of the 1-4 shall apply mutatis mutandis.
CHAPTER IX
Restricting the use of real estate in relation to environmental protection
Chapter 1
General provisions
Article 129. [ Restriction of use of property due to environmental protection] 1. If, in connection with the restriction of the use of the property, the use of or from its part in the previous way or in accordance with the previous purpose has become impossible or significantly limited, the owner of the property may to demand redemption of the property or parts of it.
2. In connection with the limitation of the use of the property, its owner may demand compensation for the damage suffered; the damage also includes a reduction in the value of the property.
3. The connection referred to in paragraph 1 and 2, there shall also be a property of the perpetrating property, and the claim referred to in paragraph 1 shall be granted to the property. 2, also to the person who is entitled to property rights in real estate.
4. With the claim referred to in paragraph. 1-3, you may occur within 2 years from the date of entry into force of the regulation or the act of local law which restricting the use of the property.
5. In the cases referred to in paragraph. 1-4, the provisions of the Spatial Planning and Landscaping Act are not applicable to claims for restricting the use of immovable property.
Chapter 2
Constraints on environmental protection
Article 130. [ Restriction of use of property due to environmental protection of the environment] 1. The restriction on the use of real estate in connection with the protection of environmental resources may take place by:
1) the subject of protection of areas or facilities on the basis of the provisions of the Act on Nature Conservation;
2) the establishment of conditions for the use of waters of the water region or the catchment area and the establishment of the protection areas of the inland water bodies under the provisions of the Act-Water Law;
3) the designation of the silent areas in the agglomeration and the quiet areas outside the agglomeration.
2. Paragraph Recipe 1 does not exclude the possibility of limiting the use of real estate in order to protect environmental resources on the basis of the provisions of the Act on Planning and Spatial Planning.
Article 131. [ Decision on the amount of damages] 1. In the event of a restriction on the use of the property referred to in art. 130 (1) 1, at the request of the aggrieved party, the competent starost shall determine, by decision, the amount of the compensation; the decision shall be non-actionable.
2. The party dissatisfied with the awarded compensation may within 30 days from the date of service of the decision referred to in the paragraph. 1, bring an action to the general court. The judicial route shall also be entitled to a decision not to be taken by the competent authority within three months of the date of notification of the request by the injured party.
3. An occurrence on the court path shall not withhold the execution of the decision referred to in the paragraph. 1.
Article 132. [ Application of the provisions of the Real Estate Management Act] To demand repurchase of immovable property in cases of limitation of the use of the immovable property referred to in art. 130 (1) 1, the rules and the procedure laid down in the Act of 21 August 1997 shall apply accordingly. with Real Estate Management (Dz. U. of 2016 r. items 2147 and 2260).
Article 133. [ Determining the amount of compensation and the purchase price of the property] The determination of the amount of the compensation and the purchase price of the property shall be made after obtaining the opinion of the property valuer specifying the value of the property according to the rules and the mode specified in the provisions of the Law on Real Estate Management.
Article 134. [ Entities subject to payment of compensation or repurchase of immovable property] The following shall be required to pay compensation or repurchase of immovable property:
1) the competent authority of the local government-if the restriction of the use of the property occurred as a result of the enactment of the act of local law by the authority of the local government;
2) represented by the Treasury of the State Treasury-if the restriction on the use of the property occurred as a result of the issue of the Regulation of the Council of Ministers, the competent minister or the voyeurate;
3) represented by the director of the regional management of water management of the State Treasury-if the limitation of the use of the property occurred as a result of the regulation being issued by him.
Chapter 3
Restricted Use Areas
Article 135. [ Restricted Use Area] 1. If from the ecological review or from the assessment of the impact of the project on the environment required by the provisions of the Act of 3 October 2008. the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments, or from the analysis of the post-realisation, that, despite the application of the available technical solutions, technological and organisational level cannot be met the environmental quality standards outside the plant site or other facility, it is for waste water treatment plants, municipal waste storage, compost, communication routes, airports, lines and stations Electric energy and radio-communication, radio-navigation and radio-communication systems The radiolocation is a restricted area of use.
2. The area of limited use for a project that is likely to have a significant impact on the environment within the meaning of the Act of 3 October 2008. to provide information about the environment and its protection, public participation in environmental protection and on environmental impact assessments, or for plants, or other facilities where the installation is operated, which is qualified as such an undertaking, creates a seismic of the voivodship, by way of a resolution.
3. A restricted use area for establishments or other objects not mentioned in the paragraph. 2, creates the district council by way of a resolution.
3a. The bodies referred to in paragraph 1. 2 and 3, creating a restricted use area, setting the boundaries of the area, restrictions on land use, technical requirements for buildings and the use of land resulting from the proceedings for the assessment of impacts on the environment or post-implementation analysis or ecological review.
3b. The area of restricted use shall be made on the basis of a copy of the standard map certified by the competent authority, with the demarcating boundaries of the area on which it is necessary to create the area.
4. If the obligation to create an area of limited use results from the proceedings on environmental impact assessment, before the creation of that area does not appear the permission for the use of the construction object and does not start with its use, where the use permit is not required, subject to the paragraph. 5. The obligation to create a restricted use area for a particular plant or other facility shall be stated in the construction permit.
5. If the obligation to create an area of limited use results from the proceedings on environmental impact assessment, for a project consisting in the construction or rebuilding of a road, railway line or airport of public use, area the limited use shall be determined on the basis of a post-implementation analysis.
5a. (repealed)
5b. (repealed)
6. The area of restricted use shall also be created for installations requiring an integrated permit, other than those mentioned in the paragraph. 1 for which the building permit was issued before 1 October 2001 and the use of which started no later than 30 June 2003, if, despite the use of the best available techniques, they cannot be complied with Permissible noise levels outside the plant area.
Article 136. [ Compensation for limitation of the use of immovable property after the establishment of the area of limited use] 1. In the event of a limitation of the use of the environment as a result of the establishment of a restricted use area competent in disputes concerning the amount of compensation or the redemption of the property are the common courts.
2. The obligation to pay compensation or redeeming the property shall be the one whose activity has caused the introduction of restrictions in connection with the establishment of the area of limited use.
3. If, in the area of reduced use of technical requirements for buildings, the damage referred to in Article 3 is defined in the area of reduced use. 129 (1) 2, there are also costs incurred in order to fulfil these requirements by existing buildings, even in the absence of an obligation to take action in this respect.
Chapter 4
Industrial zones
Art. 136a. [ Establishment of an industrial zone] 1. In the areas defined in the local spatial development plan as land intended for the production, storage and storage activities and at the same time as used for the intended purpose, the zone may be established industrial.
2. Within the limits of the industrial zone shall be permitted, subject to art. 136d ust. 3, the crossing of environmental quality standards in the range of acceptable levels of the substance in the air and permissible noise levels and the reference values referred to in art. 222, if it does not endanger human life or health, in particular does not affect the requirements of occupational safety and health standards.
3. An industrial zone shall be established if, despite the application of the available technical, technological and organisational solutions, the environmental quality standards and the reference values referred to in Article shall not be complied with. 222, outside the site of the plant or other facility.
Art. 136b. [ Consent to the coverage of the property boundaries of the industrial zone] 1. The acquisition of the property borders of the industrial zone requires written consent of the ruler of the earth's surface.
2. The consent referred to in the paragraph. 1, exclude claims for damages or for the repurchase of the property referred to in art. 129 (1) 1-3, in connection with the limitation of the use of real estate to the extent resulting from the creation of an industrial zone.
3. The provision of the paragraph. 2 shall not apply to the damage caused by:
1) with the issue of the regulation on the establishment of an industrial zone, the provisions of which are in significant scope incompatible with the proposals referred to in art. 136c par. 2 point 5;
2) with the amendment of the regulation establishing the industrial zone.
Art. 136c. [ Application for the establishment of an industrial zone] 1. The industrial zone is created, at the request of the ruler of the land, in the areas to be covered by the industrial zone.
2. An application for the establishment of an industrial zone should contain:
1) justification of the need to create an industrial zone, in which it is demonstrated that the conditions referred to in art are met. 136a par. 3;
2. the justification for the possibility of setting up an industrial zone in which it is demonstrated that it does not endanger human life or health and, in particular, does not affect the requirements of occupational safety and health standards;
3) the project of the industrial zone borders and the situational plan of the area of the zone;
4) an overview of the ecological installation operated within the limits of the proposed industrial zone in the scope referred to in art. 238 points 1-3, 6 and 7;
5. proposals for the operation of an industrial area relevant for the adoption of the Regulation on the establishment of an industrial zone in the field referred to in Article 4 (1) of Regulation (EC) No 136d ust. 2 Point 2 [ 4] and mouth. 3.
3. The application shall be accompanied by:
1) extract and extract from the local zoning plan;
2) the written consent of all the rulers of the earth in the area of the proposed industrial zone for the inclusion of their real estate in the industrial zone;
3) a copy of the main map of the proposed industrial zone defining the boundaries of the register plots, the buildings, the network of terrain and the streets.
Art. 136d. [ Uchwała o Creating Industrial Zone] 1. The industrial zone creates, by way of a resolution, the state purse seismics.
2. The draft resolution referred to in paragraph 2. 1, shall be subject to agreement with the state provincial health inspectorate and the Regional Director of Environmental Protection.
3. The praise for the establishment of an industrial zone shall specify:
1) the boundaries and area of the industrial zone;
2) the types of activities that are allowed within the industrial zone because of the possibility of the occurrence of crossing the environmental quality standards or the cross-sectional values of the reference values referred to in Article 222.
4. The praise for the establishment of an industrial zone may specify:
1) certain environmental quality standards or the reference values referred to in art. 222 whose crossing in the industrial zone is permitted;
2. the conditions for operating in an industrial zone which is relevant for the purpose of not exceeding the environmental quality standards or the reference values referred to in Article 3. 222, apart from its terrain, and in view of the protection of life or health of people, in particular the requirements of occupational safety and health standards.
TITLE III
Anti-pollution
SECTION I
General provisions
Article 137. [ Ways to counteract pollution] Anti-pollution involves preventing or reducing the introduction of substances or energy into the environment.
Article 138. [ Operation of the installation and equipment according to environmental protection requirements] 1. The operation of the installation and equipment according to the requirements of environmental protection shall be, subject to art. 139, the responsibility of the owner, unless he demonstrates that the installation or device is based on a legal title by another entity.
2. (repealed)
Article 139. [ Operation of roads, railways, tramways, airports and ports] Compliance with environmental protection requirements relating to the operation of roads, railways, tram lines, airports and ports shall be ensured by the management of these facilities.
Article 140. [ Obligations of the operator using the environment] 1. An operator of the environment shall ensure that environmental protection requirements are met, in particular by:
1) the appropriate organisation of work;
2. entrusting environmental protection functions to persons with relevant professional qualifications;
3) familiariate the employees whose scope of activity involves environmental issues, with the requirements in this regard, when no appropriate professional preparation is necessary in this regard;
4) take action to eliminate or reduce environmental damage resulting from the failure to comply with environmental protection requirements by employees, and to take appropriate measures to eliminate such cases in the future.
2. The staff shall act in such a way as to protect the environment.
3. The Minister responsible for the environment may determine, by means of a regulation, the types of operations, installations or equipment the performance or service of which requires specific qualifications in view of the possible effects of these activities on the environment.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
1) separate lists of types of activities, installations and devices;
2) requirements for persons responsible for carrying out specific activities in the scope of:
(a) professional qualifications,
(b) the training of workers.
SECTION II
Installations, equipment, substances and products
Chapter 1
Installations and equipment
Article 141. [ Operation of installation or equipment] 1. The operation of an installation or device shall not result in exceeding the emission standards.
2. The impact of the installation or the device shall not cause a deterioration of the environment in significant sizes or the risk of life or health of humans.
Article 142. [ The emissions from the installation or the device under conditions which deviate from normal] 1. The magnitude of emissions from installations or equipment under conditions which deviate from normal conditions shall be due to reasonable technical needs and may no longer occur than is necessary.
2. The conditions deviating from normal are in particular the period of start-up, failure and decommissioning of the installation or device.
Article 143. [ Requirements for technology in newly started or changed installations and devices] The technology used in newly-operated or substantially modified installations and equipment shall meet the requirements for determination of the following in particular:
1) the use of substances with low risk potential;
2. efficient production and use of energy;
3) ensure rational use of water and other raw materials and materials and fuels;
4) the use of waste-free and small-waste technologies and the possibility of recovery of emerging waste;
5) the type, extent and volume of emissions;
6) the use of comparable processes and methods that have been effectively applied on an industrial scale;
7) (repealed)
8. scientific and technical progress.
Article 144. [ Prohibition of exceedes of environmental quality standards] 1. The operation of the installation shall not result in exceedance of the environmental quality standards.
2. The operation of an installation causing the introduction of gases or dust into the air, noise emission and the manufacture of electromagnetic fields shall not, subject to paragraph. 3, cause the environmental quality standards to be exceeded outside the premises to which the operator has a legal title.
3. If an area of restricted use has been created in connection with the operation of the installation, the operation of the installation should not result in exceedance of the environmental quality standards beyond that area.
3a. If an industrial zone has been established, the operation of the installation in its territory should not result in the environmental quality standards being exceeded and the reference values outside the industrial zone.
3b. In the case referred to in Art. 135 par. 6, paragraph. 3. shall apply only to the exceedation of environmental standards caused by noise emissions.
3c. In the event of the implementation of new ventures on the premises of the establishment for which the area of restricted use referred to in Article was created. 135 par. 6, the expected environmental impact of the environmental noise emissions shall be assessed taking into account the existing area of reduced use.
4. The application of a technology meeting the requirements referred to in art. 143 as well as adherence to the emission standards laid down in the regulations issued on the basis of art. 146 (1) 3 and in the separate regulations, it does not exempt from the obligation to maintain environmental quality standards.
Article 145. [ Obligations of the operator and of the user of the device] The operator and the device user shall be required to:
1) the keeping of the emission standards referred to in the provisions issued on the basis of art. 146 (1) 3 points 3 and 4, taking into account the conditions for recognising them as being kept, as referred to in the provisions adopted on the basis of art. 146 (1) 3 point 5 (a), as well as permanent or transitional derogations from the emission standards referred to in the provisions adopted on the basis of Article 3 (5) (a). 146 (1) 3 point 5 (c)
2) adhering to the emission standards referred to in the provisions issued on the basis of art. 169 (1) 3 point 3 (a);
3) ensure their proper operation, consisting in particular of:
(a) the use of fuels, raw materials or materials to ensure that their negative impact on the environment is limited,
(b) taking appropriate action in the event of disruption of technological processes and technical operations or in the work of emission-limiting protective devices in order to reduce their effects on the environment;
4) proceedings in the manner referred to in the provisions issued on the basis of art. 146 (1) 3 point 5 (e), in the event of disruption of emission control protective devices;
5) to withhold the administration of waste for the incineration or co-incineration or to stop the installation and the incineration plant or co-incineration of waste, in the cases referred to in the provisions issued on the basis of art. 146 (1) 3 point 5 (f)
6) the use of fuels, raw materials or materials, including substances or mixtures, in accordance with the requirements or restrictions, referred to in the provisions issued on the basis of art. 146 (1) 3 point 5 (g)
7) the use of technical solutions, in accordance with the requirements, referred to in the provisions issued on the basis of art. 146 (1) 3 point 5 (h);
8. to transfer to the authority competent to issue the permit, the provincial environmental officer or the minister responsible for environmental matters:
(a) information on the failure to obtain the emission standards and the derogations from the emission standards,
(b) information or data on conditions or emissions, as well as measures to reduce emissions, including the implementation of a plan to reduce emissions
-in the cases referred to in the provisions adopted on the basis of art. 146 (1) 3 point 5 (b) i.
Art. 145a. [ Forwarding information to the provincial environmental inspectorate] 1. The authority competent to issue the permit, which has received the information or data in accordance with the provisions issued on the basis of art. 146 (1) 3 point 5 (i), or the declarations, documents or data referred to in Article 3. 146a par. 1 or 146b par. 1 and 3, it shall immediately transmit this information, data, declarations or documents to the provincial environmental inspectorate and the Minister responsible for environmental matters.
2. Provincial environmental inspector, who has received from the user the device information or data in art mode. 146 (1) Point 5 (5) and, without delay, the information or data of the Minister responsible for the environment shall be transmitted without delay.
Article 146. [ Emission standards for the introduction of gases or dust into the air] 1. The emission standards for the introduction of gases or dust into the air shall be determined for certain types of installations, combustion sources of fuels and incineration or co-incineration plants, as follows:
1) concentration of gases or particulates in waste gases, or
2) the mass of gases or dusts introduced within a specified period of time, or
3. the ratio of the mass of gases or particulates to the unit used for raw material, material, fuel or the resulting product.
2. The emission standards for the introduction of gases or dust into the air may be differentiated according to:
1) the nature or scale of the activity, technological process or technical operation, the date of issue of the construction permit or the permit for use, the time limit for submission of the application for the construction permit or the permit for use, the term the putting into service or termination of use, the time limit for the further use of the service time, in the case of installations and fuel combustion sources;
2) the scale of activity or year of production-in the case of incineration or co-incineration plants.
3. The Minister for Environment in agreement with the Minister responsible for energy, bearing in mind the need to reduce the negative impact on the environment of certain types of installations, sources of combustion of fuels and incineration plants or co-incineration of waste, in connection with the introduction of gases or dust into the air, and having regard to the provisions of European Union law determining the emission limit values for substances into the air from the combustion sources of fuels, installations and incineration plants or co-incineration of waste, installation of asbestos or products processing containing asbestos, installations for the production of titanium dioxide, installations which use organic solvents and from incineration or co-incineration plants, shall determine by way of regulation:
1) types of installations for which emission standards for the introduction of gases or dusts into the air are defined;
2) types of combustion sources of fuels for which the emission standards for the introduction of gases or dust into the air are set;
3. emission standards for the introduction of gases or dusts into the air for the installation and combustion of fuels referred to in points 1 and 2;
4) emission standards for the introduction of gases or dust into the air for the incineration or co-incineration plant;
5) for some of the types of installations and sources of combustion of fuels and for incineration or co-incineration plants:
(a) the conditions for the recognition of emission standards to be met, including the degree of desulphurisation, or
(b) how to check for the keeping of emission standards, or
(c) a permanent or temporary derogation from the emission standards, or
(d) the conditions for derogations, the limits of the derogations or the conditions for applying the reduction plan
(e) the procedures for dealing with disturbances in the operation of protective devices which limit emissions, or
(f) the cases in which the cessation of the administration of waste for incineration or co-incineration or the stopping of the installation and the incineration or co-incineration plant is required, or
(g) requirements or restrictions with regard to the use of fuels, raw materials or materials, including substances or mixtures, with specific characteristics, characteristics or parameters, or
(h) the requirements for the use of specific technical arrangements to ensure the reduction of emissions, or
(i) the cases in which the operator or the user of the incineration or co-incineration plant transfers to the authority competent for the issue of the licence, the provincial environmental inspection or the minister responsible for environmental matters:
-information on the failure to obtain the emission standards and the derogations from the emission standards,
-information or data on conditions or volume of emissions, as well as measures to reduce emissions, including the implementation of a plan to reduce emissions, or
(j) the time limit and form of transmission of the information or data referred to in point (s). i.
Art. 146a. [ The emission limit values for the combustion source of fuels for which the operator has made a written declaration that the source will be used no longer than 31 December 2023.] 1. For the source of combustion of fuels, for which the operator has submitted to the authority competent to issue the licence, by 1 January 2014, a written declaration that the source will be used no longer than 31 December 2023, and the time of use of the source, during the period from 1 January 2016. by 31 December 2023, shall not exceed 17 500 hours if it fulfils the following conditions:
1. the permit to build the source was issued before 7 January 2013. or the application for such a licence was submitted before that date, and the source was put into service no later than 7 January 2014,
2) the total nominal heat output of the source, determined taking into account the first and second rules of the merger, is not less than 50 MW,
3. the source nor any of its parts, which will be operated after 31 December 2015, have not been notified until 30 June 2004, in a written declaration to the authority competent to issue the permit, as the source to be used longer than until 31 December 2015 and whose useful life during the period from 1 January 2008 onwards. by 31 December 2015. will not exceed 20 000 hours
-in force-during the period from 1 January 2016. until 31 December 2023 or within a shorter period, if the time limit for the use of the source of 17,500 hours is used before 31 December 2023. -the emission limit values for nitrogen oxide and nitrogen dioxide in terms of nitrogen dioxide, the emission limit values for the particulate matter and the emission limit values for sulphur dioxide or of the desulphurisation rate, which have been specified in the licence Integrated as applicable on 31 December 2015
2. Time of use of 17 500 hours referred to in paragraph. 1, shall be 32,000 hours, in the case of a source of combustion of fuels with a total rated thermal input of more than 1500 MW, determined taking into account the first principle of merger, the use of which was initiated before 31 December 1986. and which is tanned with local solid fuels with a calorific value of less than 5800 kJ/kg, a moisture content of more than 45% by weight, a combined moisture content and an ash content of more than 60% by weight and a calcium oxide content in ashes of more than 10%.
3. In the case referred to in paragraph. 1, for the source of combustion of fuels with a total rated thermal input greater than 500 MW, determined taking into account the first and second principles of bonding, tanned with solid fuel, for which the first building permit was issued after 1 July 1987, the limit of the emission of nitrogen oxide and nitrogen dioxide in terms of nitrogen dioxide in the period from 1 January 2016. until 31 December 2023 may not be higher than 200 mg/m 3 u.
4. If the source of combustion of fuels referred to in paragraph 1 and 2, or part of that source, will be operated after 31 December 2023. or after the date of use of the usage limit of 17,500 or 32,000 hours respectively, the source shall be considered as the source for use after 7 January for the determination of the emission limit value for the period after these days 2014
Art. 146b. [ The emission limit values for the combustion source of fuels for which the operator has submitted by 30 June 2015. documents proving compliance by the source of combustion of fuel with the conditions set out in the Act] 1. For the combustion source of fuels, for which the operator has lodged an authorisation with the competent authority by 30 June 2015, documents proving compliance by the source of combustion of fuels with the following conditions:
1. the first permit to build the source was issued before 27 November 2002. or the application for such a licence was lodged before that date, and the source was put into service not later than 27 November 2003,
2. the total nominal heat output, determined having regard to the first and second rules of the merger, is not less than 50 MW and not more than 200 MW,
3) at least 50% of the production of useful heat produced in this source, constitutes the heat delivered to the public district heating network in the form of steam or hot water
-in force-during the period from 1 January 2016. until the conditions referred to in points (2) and (3) have been fulfilled, but not later than 31 December 2022. -the emission limit values for nitrogen oxide and nitrogen dioxide in terms of nitrogen dioxide, the emission limit values for the particulate matter and the emission limit values for sulphur dioxide or of the desulphurisation rate, which have been specified in the licence Integrated as applicable on 31 December 2015
2. Documents proving compliance with the conditions referred to in the paragraph. 1, contain information or data relating in particular to:
1. the total rated thermal input of the combustion source;
2) existing emission standards or degrees of desulphurisation;
3. as defined in the authorisation of the integrated emission limit for nitrogen oxide and nitrogen dioxide in nitrogen dioxide, sulphur dioxide and sulphur dioxide levels or degrees of desulphurisation;
4) the type of fuel used;
5) the share of heat delivered to the public district heating network in the form of steam or hot water in the production of useful heat produced in the fuel combustion source, expressed as a percentage.
3. The operator of the installation referred to in paragraph. 1, transmit to the authority competent to issue the licence, by the end of February each year, data relating to the share of heat delivered to the public district heating network in the form of steam or hot water in the production of useful heat produced in the the fuel combustion source, expressed as a percentage.
Art. 146c. [ The emission limit values for the combustion source of fuels for which the operator occurred in 2012. With a request for a transitional national plan] 1. For the source of combustion of fuels for which the operator occurred in 2012. to the Minister responsible for the environment, with a request to extend to the TNP, which has been included in the list referred to in the provisions adopted on the basis of art. 146h, and which fulfils the following conditions:
1. the first permit to build the source was issued before 27 November 2002. or the application for such a licence was lodged before that date, and the source was put into service not later than 27 November 2003,
2) the total nominal heat output of the source, determined taking into account the first and second rules of the merger, is not less than 50 MW,
3. the source nor any of its parts, which will be operated after 31 December 2015, have not been notified until 30 June 2004, in a written declaration to the authority competent to issue the permit, as the source to be used longer than until 31 December 2015 and whose useful life during the period from 1 January 2008 onwards. by 31 December 2015. shall not exceed 20 000 hours,
4) they will not co-incinerate the waste after 31 December 2015,
5) the source is not fired with low calorific value gases obtained from residues after gasification or refining processes, or from distillation and conversion residues in the oil refining process-if it is operated in an oil refinery oil
-in force-during the period from 1 January 2016. up to the date of compliance with the conditions referred to in points 2 to 5, but not more than 30 June 2020. -with regard to substances for which the source has been subject to the TNP, the emission limit values or desulphurisation rates, which are set out in the integrated licence as valid on 31 December 2015.
2. In the case referred to in paragraph. 1, for the source of combustion of fuels with a total rated thermal input greater than 500 MW, determined taking into account the first and second principles of bonding, tanned with solid fuel, for which the first building permit was issued after 1 July 1987, the limit of the emission of nitrogen oxide and nitrogen dioxide on the basis of nitrogen dioxide, during the period from 1 January 2016. by 30 June 2020, may not be higher than 200 mg/m 3 u.
Art. 146d. [ Disable] To the combustion sources of fuels specified in the provisions issued on the basis of art. 146h the provisions of Article 1 shall not apply. 146a and art. 146b.
Art. 146e. [ Withdrawal of request] The operator may withdraw the application referred to in Article 4. 146c (1) 1. The operator shall inform the Minister responsible for the environment and the competent authority for the issue of the licence.
Article 146f. [ Transitional National Plan] 1. The draft transitional national plan shall be drawn up by the Minister of the Environment responsible, adopted by a resolution of the Council of Ministers and submitted for acceptance by the European Commission.
2. Following the acceptance of the draft of the Transitional National Plan by the European Commission, the Council of Ministers shall adopt, by means of a resolution, a transitional national plan.
3. The Transitional National Plan shall cover the period from 1 January 2016. by 30 June 2020
4. Transitional National Plan Shall Contain:
1) a list of sources of combustion of fuels together with data on their operational parameters;
2) maximum emissions of substances for the source of combustion of fuels-annual for the years 2016-2019 and for the first half of 2020;
3) the total maximum emissions of the substance for all combustion sources-annual for the years 2016-2019 and for the first half of 2020;
(4) the activities which the operator is to carry out in order not to exceed the maximum emissions of the substances referred to in point 2;
5) how to monitor the implementation of the Interim National Plan and the report to the European Commission.
Art. 146g. [ Obligations of the operator of the combustion of fuels] The operator of the combustion plant of which the fuel combustion source is part included in the list referred to in Article 146h (1), shall be required to:
1) keeping maximum emissions of the substances referred to in the provisions issued on the basis of art. 146h point 2, taking into account the conditions for recognising them as being kept, as referred to in the provisions issued on the basis of art. 146h (4);
2) the implementation of actions to not exceed the maximum emissions of substances referred to in the provisions issued on the basis of art. 146h (5);
3. transfer to the authority competent to issue the authorisation and the Minister responsible for the environment:
(a) by the end of the month following the end of each quarter, updated quarterly information on the amount of emissions of substances for which the maximum emissions of substances referred to in the legislation have been determined for the combustion source of the fuel based on art. 146h (2),
(b) within two months of the end of each year, the information on the implementation of the measures referred to in point 2,
(c) information on any planned change relating to the source of combustion of fuels referred to in the provisions adopted on the basis of the Article. 146h, which may influence the change in the emissions of the substance from this source, in particular the planned outage of the source of combustion of fuels from operation and the commencation of co-incineration of waste at the source of combustion of fuels;
4) compliance with the requirements referred to in art. 146i.
Art. 146h. [ Delegation] Minister for Environment, in agreement with the Minister for Energy, having regard to the provisions of Article 4 (2) of the Regulation. 146f par. 2, the European Union's legislation on industrial emissions and the withdrawing conclusions of the installations referred to in art. 146e, will determine, by means of a regulation:
1) a list of sources of combustion of fuels together with data on their operational parameters;
2) maximum emissions of substances for the source of combustion of fuels for the period referred to in art. 146f par. 3-annual for the years 2016-2019 and for the first half of 2020;
3) total maximum emissions of substances for all combustion sources for the period referred to in art. 146f par. 3-annual for the years 2016-2019 and for the first half of 2020;
4. the conditions for recognising the maximum emissions of the substances referred to in point 2;
5. the activities which the operator is to carry out in order not to exceed the maximum emissions of the substances referred to in point 2.
Art. 146i. [ Delegation] Minister for Environment, in agreement with the Minister for Energy, having regard to the provisions of Article 4 (2) of the Regulation. 146f par. 2 and the European Union's legislation on industrial emissions, may determine, by means of a regulation, other requirements relevant to the implementation of the TNP.
Article 147. [ Obligation of periodic measurements of emissions and measurements] 1. The operator of the installation and the user of the device shall be required to periodically measure the volume of emissions and measurements of the amount of water taken.
2. The operator of the installation and the user of the equipment shall be obliged to continuously measure emissions in the event of the introduction of significant quantities of substances or energy into the environment.
3. The scope of the obligation to carry out the measurements referred to in paragraph. 1 and 2, may be related to performance or installation power or device characteristics.
3a. If the measurements made by the operator for the thermal transformation of the waste indicate that the emission limit values laid down in separate provisions have been exceeded, the operator shall be obliged within 24 hours to complete the waste. hours from the time when these emissions are detected, notify the environmental authority competent to the issue of either a water licence or an integrated permit.
4. The operator of a newly built or modified installation, from which the emission requires permission, shall be required to carry out preliminary measurements of the volume of emissions from this installation.
5. The obligation referred to in paragraph. 4. shall be completed no later than 14 days after the termination of the installation or the activation of the device, unless the competent authority has specified a different time limit in the authorisation.
6. The operator and the user of the installation shall be required to record the results of the measurements taken and their storage for 5 years from the end of the calendar year to which they relate.
Art. 147a. [ Ensuring the performance of emissions measurements or other environmental conditions] 1. The operator of the installation and the user of the device shall ensure that measurements of the emissions or other conditions of use of the environment are carried out, including the taking of samples by:
1) an accredited laboratory within the meaning of the Act of 30 August 2002. a system of conformity assessment (Dz. U. of 2016 r. items 655 and 1228 and from 2017 items 32) or
2) certified research units referred to in art. 16 ust. 1 of the Act of 25 February 2011. o chemical substances and their mixtures (Dz. U. of 2015 items 1203 and 2016 items 2003)
-in respect of the tests to which enforcement is required.
1a. The operator and the user of the device, having a quality management system certificate, may carry out emission measurements or other conditions of use of the environment for which the performance is required, including sampling, in its own laboratory, provided that the laboratory is also subject to a quality management system or is provided with an automatic sampling, using a test case under metrological supervision.
1b. The provisions of paragraph 1. 1 and 1a shall not apply to the execution of measurements:
(1) the quantities of water to which the operator is required to be installed and the user of the device;
2) the emission volumes to which the amateur radio service is required within the meaning of the Article. 2 point 37 of the Law of 16 July 2004. -Telecommunications law (Dz. U. of 2016 r. items 1489, 1579, 1823, 1948, 1954 and 2003).
2. If the operator is required to carry out continuous measurement of emissions, it shall ensure that the measurement apparatus can automatically record continuously the results.
Article 148. [ Delegation] 1. The Minister responsible for environmental matters shall determine, by means of a regulation, the requirements for the measurement of emission measurements, referred to in art. 147 para. 1 and 2, and measurements of the amount of water collected referred to in art. 147 para. 1, bearing in mind the need to ensure systematic control of the volume of emissions from certain installations, the sources of combustion of fuels and the incineration or co-incineration plant of waste and the control of the amount of water collected.
2. In the Regulation referred to in paragraph. 1, they shall be determined:
1) cases in which continuous measurement of emissions from the installation, the combustion source of fuels or from the incineration or co-incineration plant are required;
2) cases in which periodic measurements of emissions from the installation, the source of combustion of fuels or from the incineration or co-incineration plant are required, and the frequency of carrying out those measurements;
3) the scope of the execution of certain measurements;
4) the reference methodologies for the execution of measurements;
5) how to record the measurements carried out.
3. In the Regulation referred to in paragraph. 1, the requirement to carry out the measurements shall be concluded according to:
1) the type of installation or device;
(2) the nominal emissions of the installation or equipment;
3) parameters characterizing the performance or power of the installation or device.
4. If the obligation to carry out the measurements is not due to the nominal amount of the issue, the regulation referred to in paragraph. 1, specifies the substances or energies the measurement of which is mandatory.
5. The requirements for periodic emission measurements shall not be established when they are specified in separate provisions.
Article 149. [ Bodies receiving the results of measurements] 1. The results of the measurements referred to in art. 147 para. 1, 2 and 4, the operator and the user of the installation shall present to the environmental protection authority and to the provincial environmental protection authority, if these measurements are of particular importance because of the need to ensure systematic control of the emissions or other conditions of use of the environment.
2. The Minister responsible for environmental matters shall determine, by means of a regulation:
1) the types of results of measurements carried out in connection with the operation of installations or equipment which, due to the particular importance for ensuring the systematic control of the volume of emissions or other conditions of use of the environment, are transmitted the competent environmental protection authorities and the provincial environmental inspection authority,
2) the dates and manner of the presentation of the data referred to in point 1
-guided by the need to ensure systematic control of the volume of emissions or other environmental conditions.
3. In the Regulation referred to in paragraph. 2, they shall be determined:
1) cases in which the submission of the results of the measurements is required due to:
(a) type of installation or device,
(b) nominal emissions,
(c) parameters characterising the performance or power of the installation or equipment;
2) the forms of the measurement results submitted;
3. the systems of the measured measurement results;
4) the required techniques for the submission of measurement results;
5) the time limits for the submission of the results of measurements depending on their types.
4. The Minister responsible for the environment may determine, by means of a regulation:
1) other than the results of the measurements referred to in art. 147 para. 1, 2 and 4, data collected as a result of the monitoring of technological processes in relation to the requirements of the permit, which due to the particular importance for the provision of systematic control of the volume of emissions or other conditions of use of the environment shall be communicated to the competent environmental authorities and to the provincial environmental inspection authority,
2) the dates and manner of the presentation of the data referred to in point 1
-guided by the need to ensure that the results of the monitoring of technological processes are ensured by the operators using the environment.
Article 150. [ Obligations arising from exceeding the emission standards] 1. The environmental authority may, by decision, impose on the operator or user of the device an obligation to conduct measurements of the volume of emissions beyond the obligations referred to in Article at a specified time. 147 para. 1, 2 and 4, where the checks carried out show that the emission standards have been exceeded and that the results of the measurements carried out shall apply mutatis mutandis. 147 para. 6.
2. By issuing the decision referred to in paragraph. 1, the competent authority may impose an obligation to submit the results of the measurements, specifying the scope and time limits for their submission, as well as the requirements for the form, the layout and the required techniques for their submission.
(3) If it is apparent from the inspection that the emission standards have been exceeded, the environmental protection authority may, by decision, impose on the operator or user of the device the obligation to submit the results of the measurements to the operator or user of the device. the volume of emissions beyond the obligations referred to in Article 149 (1) 1, specifying the scope and deadlines for their submission, as well as the requirements in terms of the form, the layout and the required techniques of their submission.
4. The proceedings concerning the issue of a decision imposing the obligation to carry out measurements or their submission shall be initiated ex officially.
Article 151. [ Additional conditions with the permit to be issued from the installation] Where a permit to issue an installation is required, the competent authority for its issue may impose additional requirements beyond the requirements referred to in Article 4. 147 and the provisions adopted on the basis of art. 148, as well as the additional requirements for the measurement of the measurement, if any particular considerations of environmental protection are concerned.
Article 152. [ Notification of an installation likely to have a negative impact on the environment] 1. The installation from which the emission does not require a permit, which is liable to have a negative impact on the environment, shall be subject to notification to the environmental protection authority, subject to the paragraph. 8.
2. The notification referred to in paragraph. 1, it shall contain:
1. the designation of the operator, his address of residence or establishment;
2. the address of the establishment on whose territory the operation of the installation is carried out;
3) the type and scope of the activity carried out, including the volume of production or the size of the services provided;
4) the time of operation of the installation (days of the week and hours);
5) size and type of emissions;
6) a description of the methods used to reduce emissions;
7) information whether the extent of emission reduction is in accordance with the applicable regulations.
8) (repealed)
2a. (repealed)
3. The operator of the installation referred to in paragraph. 1, shall be obliged to make a declaration before the commenction of its operation, subject to the paragraph. 5. Article Recipe 64 par. 2. The Code of Administrative Procedure shall apply mutatis mutandis.
4. In order to commence the operation of a newly built or modified installation, it is possible to proceed if the competent authority to accept the application within 30 days from the date of notification of the notification does not raise any objection by decision.
4a. Opposition referred to in paragraph. 4, shall be lodged if:
(1) the operation of the installation covered by the notification would result in exceeding the emission standards or environmental quality standards;
2. the installation does not meet the requirements of environmental protection referred to in art. 76 (1) 2 points 1 and 2.
5. The installation referred to in paragraph 1, covered by the obligation to notify during the period when it is already in operation, the presenter shall be obliged to report within 6 months from the date on which it was covered by that obligation.
6. The operator of the installation referred to in paragraph. 1, is required:
1. to submit to the authority competent to accept the notification the information on:
(a) resignation from the start of operation
(b) completion of the installation operation
(c) a change in the scope of the data or information referred to in paragraph 1. 2;
2) make a re-declaration of the installation if the change introduced in the installation is of a significant change.
7. The information referred to in paragraph. In paragraph 1, the following shall be submitted within 14 days from:
1) resignation from the commencation of operation
2) end of operation of the installation;
3) changes in the scope of the data or information referred to in paragraph. 2.
7a. The information contained in the notification referred to in paragraph 1. 1 and in the mouth. 6 point 2, and the information referred to in paragraph 2. Article 6 (1), the operator of the installation, covered by the notification obligation due to the production of electromagnetic fields, shall also submit to the state provincial health inspector.
(8) The rules for the notification of installations likely to have a negative impact on the environment due to the production of waste shall be determined by the provisions of the Waste Act.
(9) The Minister responsible for the environment may lay down, by means of a regulation, detailed requirements concerning the scope of the data contained in the notification referred to in paragraph 1. 2, and a specimen form of the notification form, for selected types of installations, taking into account the importance of the data for the determination of the possible negative impact of the installation on the environment
Article 153. [ Delegation] 1. The Minister responsible for the environment shall determine, by means of a regulation, the types of installations from which the issue does not require a permit, and whose operation requires notification, having regard to their negative impact on the environment.
2. In the Regulation referred to in paragraph. 1, the types of installations whose operation requires notification shall be determined due to:
1) introduction of gases or dusts into the air;
2) putting waste water into the waters or into the ground;
3) (repealed)
4) manufacture of electromagnetic fields.
3. In the Regulation referred to in paragraph. 1, the notification requirement for a given type of installation may be subject to:
1) the technique used;
2) parameters characterizing the performance or power of the installation.
Article 154. [ Privileges of the environmental authority] (1) The environmental authority may decide, by decision, environmental protection requirements for the operation of an installation from which the issue does not require a permit, provided that it is justified by the need to protect the environment.
2. To the decision referred to in paragraph. 1, the provisions of art. 188 shall apply mutatis mutandis.
3. The procedure for the adoption of the decision referred to in paragraph 1. 1, shall be initiated from office.
Article 155. [ Means of transport] Means of transport should comply with the environmental protection requirements set out in the Act and in the separate provisions.
Article 156. [ Prohibitions for the use of installations or of reigning equipment] (1) The use of installations or appliances in publicly accessible areas of cities, built-up areas and areas for recreational and leisure purposes shall be prohibited.
2. The provision of the paragraph. 1 shall not apply to occasional celebrations and celebrations and events related to religious worship, sports events, trade, entertainment and other legal gatherings, and to make public information and messages for public security.
Article 157. [ Restrictions on the functioning of the installation or the use of noise emitting devices] 1. The municipal council may, by way of a resolution, lay down restrictions on the duration of the installation or use of the equipment from which the noise emitted may adversely affect the environment, subject to the paragraph. 2.
2. The restrictions referred to in paragraph 2. 1, do not apply to installations or equipment located in places of religious worship.
Article 157a. [ Definitions] 1. Whenever this chapter is referred to:
1) useful heat-this is understood by the amount of heat generated in the source of combustion of fuels containing heat consumed in the plant where the source of combustion of fuels is located, for heating or industrial purposes not related to the production of energy electricity and heat and heat intended for external audiences for heating or industrial purposes;
2) the heat supplied to the public district heating network-this is understood by this part of the useful heat that is transferred outside the premises of the plant where the source of combustion of fuels is located, except for the heat that is delivered to the other plants having a direct connection to the combustion of fuels;
3) the time of use of the combustion source of fuels-it is understood by this expressed during the hours when the combustion source of fuels or a part of the combustion source of fuels is working, discharging the substances into the air, excluding the start and off periods, which are determined taking into account the specific processes and operational parameters for determining the moment when the start-up and the start of the combustion of the combustion of fuels and the Commission Implementing Decision of 7 May 2012 should be completed. concerning the determination of the start and off periods for the purposes of Directive 2010 /75/EU of the European Parliament and of the Council on industrial emissions (Dz. Urz. EU L 123 of 09.05.2012, p. 44);
4) local solid fuels-this is understood by naturally occurring solid fuels extracted locally and incinerated at the source of combustion of fuels specially designed for this type of fuel;
5. the nominal thermal power, which is understood by the amount of energy entering the fuel into the combustion source of the fuel in the unit of time at its nominal load;
(6) degree of desulphurisation, this means expressed as a percentage of the difference between the mass of sulphur contained in the fuel introduced into the combustion source of the fuels at the specified time and the sulphur mass contained in the flue-gases in the air in the air This time to the mass of sulphur contained in the fuel introduced into the fuel combustion source at that time;
(7) the fuel combustion source, which is understood to mean part of the combustion plant, which is a stationary technical device, in which fuels are oxidised to generate energy.
2. The source of combustion of fuels is also a team of two or more sources of combustion of fuels referred to in the paragraph. 1 point 7, in cases where:
1. waste gases from these sources of combustion of fuels shall be discharged into the air by a common chimney and the total nominal heat output is not less than 50 MW; in this case, the fuel combustion plant shall be considered to be one source of combustion of fuels composed of two or more parts of which the total nominal heat output is the sum of the nominal heat output of those parts of the combustion source of fuels, the nominal heat output of which is not less than 15 MW (the first principle of merger);
2. two or more fuel combustion sources for which the first building permit was issued after 30 June 1987, or for which an application for such a licence was lodged after that date, and for which the total nominal heat capacity is not less than 50 MW, have been installed in such a way that, having regard to the technical parameters and economic factors, their waste gases could, in the assessment of the competent authority for the issue of the licence, be discharged by a common chimney; in such a case, Fuel combustion plant is considered to be one source of combustion of fuels consisting of two or more fuels the number of parts whose total nominal heat output is the sum of the nominal heat capacity of those parts of the combustion source of fuels, the nominal heat output of which is not less than 15 MW (the second principle of merger).
Chapter 2
Substances
Article 158. [ Admissibility of the introduction into the environment of the substance produced, used or transported] The introduction into the environment of the substance produced, used or transported shall be admissible only in so far as this is necessary in the light of the nature of the business.
Article 159. [ Obligations placing a substance on the market] 1. The placing on the market of a substance shall be required to:
1) the packaging of the substance in a way that protects against accidental introduction into the environment;
2. to include information to ensure the identification of the risks arising from the introduction of the substance into the environment.
2. If an accidental introduction of a substance into the environment may cause pollution, the information referred to in paragraph 1 shall be provided. Article 1 (2) should specify the procedure to be followed in order to limit the damage.
Article 160. [ Substances posing a specific risk to the environment] 1. It shall be prohibited, except in the cases specified in the Act and the separate provisions, the placing on the market or re-use of substances posing a particular threat to the environment.
2. The substances posing a particular risk to the environment are in particular:
1) asbestos;
2) PCBs.
3. The Minister of Environmental Affairs may decide, by regulation, other than asbestos and PCBs-substances posing a particular risk to the environment, guided by the need to reduce the risk of environmental damage.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
1) a numerical designation of the substance, enabling it to be identified unambiguically;
2) the name of the substance.
Article 161. [ Precautions for substances posing a specific risk to the environment] 1. Substances posing a specific risk to the environment should be used, moved and eliminated while maintaining special precautions.
2. The installations or equipment in which substances posing a particular risk to the environment are or have been or have been used shall be cleansed or disposed of.
3. For installations or equipment suspected of being used by substances posing a particular risk to the environment, the requirements for handling installations and equipment in which they are present, shall be used. those substances are or have been used.
Article 162. [ Obligations for the use of substances posing a particular risk to the environment] 1. The use of substances posing a particular risk to the environment are subject to a successively elimination.
2. The use of substances posing a particular risk to the environment shall be required to document the type, quantity and location of their occurrence and the manner in which they are to be eliminated.
3. The use of substances posing a particular risk to the environment should periodically submit to the Marshal of the voivodship information of the type, quantity and places of their occurrence, subject to the paragraph. 4-6.
(4) Non-entrepreneurial natural persons shall submit information on the nature, quantities and places of occurrence of substances posing a particular risk to the environment in a simplified form; in this case, the provisions of paragraph 1 shall be submitted to the natural persons who are not entrepreneurs 2 does not apply.
5. The information in a simplified form shall be submitted to the mayor, mayor or president of the city.
6. Wójt, mayor or president of the city shall periodically submit to the marshal of the voivodship information about the type, quantity and places of occurrence of substances posing a particular threat to the environment.
7. The Marshal of the voivodship shall keep a register of the type, quantity and places of occurrence of substances posing a particular threat to the environment.
8. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to installations and equipment in which substances posing a particular risk to the environment are or have been used.
9. The manner of dealing with the eliminated substances presenting a particular threat to the environment, as well as the installations and equipment in which they are or were used, shall determine the provisions of the Waste Act.
Article 163. [ Delegation] 1. The Minister responsible for the economy shall, in agreement with the Minister of the Environment, the Minister for Transport and the Minister of Health, set out, by means of a regulation, the requirements for:
1) the use and movement of substances posing a particular risk to the environment;
2. the use and purification of installations or equipment in which substances which present a particular risk to the environment are or are used.
2. In the Regulation referred to in paragraph. 1, the requirements for:
1) the use and movement of individual substances;
2) the use and purification of the types of installations or equipment in which the individual substances are or are used.
3. In the Regulation referred to in paragraph. 1, may be determined as appropriate:
1. the technical requirements to be met for the use and movement of the substance and for the use and purification of the installations or equipment in which the substances have been or are used;
2. the means of marking the installation or equipment in which the substances have been or are being used and the premises in which they are located;
3) the cases and means of probing the nature, quantities and places of occurrence of the substance and of the installation and equipment in which they were or are used, and the scope and form of documentation of the proceedings with them and the duration of the retention of the dossier;
4) the dates of submission to the Marshal of the voivodship or to the mayor, or to the Mayor or to the President of the city of information about:
(a) the nature, quantities and locations of the substances used,
(b) installations and equipment in which the substances have been or are being used,
(c) the time and manner of disposal of the substance and of the installations and equipment in which they have been or are being used,
(d) the time and manner of substitution of other substances which are less harmful to the environment;
5. the scope of the information referred to in point 4 to the Marshal of the voivodship or the mayor, mayor or president of the city, respectively, taking into account:
(a) the forms of information submitted,
(b) the information transmitted,
(c) required techniques for the submission of information;
6) the cases and time limits within which the use of the substance should cease and the timetable for their elimination by the users;
7) cases and deadlines, in which the installations or equipment in which the substances have been or are being used should be cleaned or eliminated.
4. The Minister responsible for the economic affairs may determine, by means of regulations, installations or equipment where substances posing a particular risk to the environment may be used, which are treated as installations or equipment, in which have been or are used for these substances.
5. In the Regulation referred to in paragraph. 4, the types of installations or equipment shall be determined, taking into account, in the light of the technologies used, the following shall be appropriate:
1. deadline for placing the installation into service or the year of manufacture of the appliance;
2. the contractor or manufacturer of the installation.
6. The Minister responsible for the environment will determine, by regulation, the manner of submitting the Marshal of the voivodship by the mayor, the mayor or the president of the city of information on the type, quantity and places of occurrence of the specific substances environmental hazard.
7. In the Regulation referred to in paragraph. 6, will be determined:
1. deadlines for the submission of information;
2) the form of the information submitted;
(3) a layout of the information submitted;
4) the required techniques for the submission of information.
8. The Minister of Environmental Affairs may determine, by means of the regulation, the manner of conducting by the Marshal of the Register of substances, installations and equipment in which these substances have been or are used.
9. In the Regulation referred to in paragraph. 8, may be established:
1) the form and layout of the register;
2) the contents of the register;
3) the conditions and period of storage of the register.
(10) The provisions of the Regulation referred to in paragraph 1. 8, do not violate the provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006. on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999 /45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94, as well as Council Directive 76 /769/EEC and Commission Directives 91 /155/EEC, 93 /67/EEC, 93 /105/EC and 2000 /21/EC (Dz. Urz. EU L 396, 30.12.2006, p. 1, from late. zm.).
Article 164. [ Definitions] Whenever you are in art. 160-163 is referred to as:
1. substances posing a specific risk to the environment, shall also be understood to mean substances and articles in which substances presenting a particular risk to the environment are contained;
1a) installations-it is also understood by buildings and objects of small architecture;
(2) installations or equipment where substances posing a particular risk to the environment have been used, and shall be understood by the installations and equipment which have not been subject to the provisions required by the law of the process of purification.
Article 165. [ Apply to other laws] Detailed rules for the handling of chemical substances, the rules for deliberate release of GMOs into the environment and the rules for their placing on the market shall be laid down in separate provisions.
Chapter 3
Products
Article 166. [ Obligations relating to the production of the product] In the manufacture of the product, without prejudice to its performance and user safety, the following limits shall be limited:
1) consumption of substances and energy;
2) the use of substances and technical solutions that may adversely affect the environment during and after the use of the product;
3) the use of substances and technical solutions hindering:
(a) repair of the product,
(b) the dismantling of the product in order to separate the components that have been used which require special treatment under the provisions of the Waste Act,
(c) the use of parts of the product in another product or their use for other purposes of use after the use of the product.
Article 167. [ Data contained in information by product] 1. The product shall be supplied with information concerning:
1) consumption of fuels or consumables;
2) the volume of emissions associated with the use of the product;
3. safe for the environment of use, dismantling, re-use or disposal of the product.
2. The seller of the products should ensure that the information referred to in the mouth is provided. 1, it was also located in the places of sale of the product.
3. The Minister responsible for economic affairs, in agreement with the Minister responsible for the environment, having regard to the characteristics of the products and their impact in the course of use and after their use, will determine, by means of a regulation, the products covered by the the obligations referred to in paragraph 1. 1 and 2, as well as a detailed way of carrying out the duties in this respect.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
1) a numerical indication allowing identification of the product or group of products and their name;
2. as appropriate, the requirements for the information referred to in paragraph 1. 1, including:
(a) marking the product or parts thereof,
(b) forms and content of information,
(c) means of presenting information at the points of sale of products;
3) the requirements for the determination of the consumption of fuels and consumables or the volume of emissions associated with the use of the product, in order to include in the information referred to in paragraph. 1.
5. The seller of the products should ensure that the summary referred to in art is concerned. 171a, it was made available free of charge at the points of sale of the products to which it relates, in a manner determined on the basis of art. 171a (1) 2 point 4.
6. The provisions of the paragraph. 2-5 regarding sales and sellers also apply to financing leasing in places where products are offered for leasing, and presenting products on public exhibitions.
Article 168. [ Obligations placing the product on the market] The product placing on the market should ensure that the product meets the environmental requirements.
Art. 168a. [ Control of compliance with paints and lacquers] 1. Control of compliance by containing volatile organic compounds-paints and varnishes intended for the painting of buildings and their finishing elements, equipping and associated with buildings and these elements of construction and mixtures to the renewal of the vehicles referred to in the provisions adopted on the basis of Article 169 (1) Point 3, as required by those provisions, shall lead to:
1. the competent authority of the Environmental Protection Inspection Authority-in manufacturers and users of these products;
2. the competent authorities of the Trade Inspection, importers and wholesalers and retailers of those products;
3) competent authorities of construction supervision-in the scope of products, which are construction products.
2. Control shall be carried out within the framework of the Control Programme.
3. The bodies referred to in paragraph. 1, transmit the information and data on the results of the inspections, respectively to the Chief Inspector of Environmental Protection, the President of the Office of Competition and Consumer Protection and the Chief Inspector of Construction Supervision, immediately after the completion of the inspection.
4. The Chief Inspector of Environmental Protection, the President of the Office of Competition and Consumer Protection and the Chief Inspector of the Construction Supervision shall transmit the information and data received from the authorities referred to in the paragraph. 1, to the Minister responsible for the environment, by the end of March of the year following the year to which this information and data concern.
Article 169. [ Delegation] 1. The Minister responsible for the economy shall, in agreement with the Minister for the Environment, with a view to achieving the objectives referred to in Article 4 (1) of the Rules of Association of the European Union, 166, it will determine, by way of regulation:
1) a numerical designation or the characteristics of the products allowing identification of the product or group of products or their name;
2. detailed requirements for individual products or groups of products;
3) for containing volatile organic compounds-certain paints and varnishes intended for the painting of buildings and their finishing elements, equipments and associated buildings and components and mixtures for renewing of vehicles:
(a) the limit values for the maximum VOC content of those products which are conditional on admission to the marketing of them,
(b) the scope of the information on the labelling of these products,
(c) the test methods according to which the maximum content of volatile organic compounds in products should be determined,
(d) the Control Programme referred to in Article 168a ust. 2 containing:
-the manner and frequency of the verification of compliance with the requirements referred to in point (s). a and b,
-the criteria for the selection of the entities audited in the year,
-the way in which information and data on the results of the checks referred to in Article are to be transmitted. 168a ust. 3, and the information and data referred to in art. 168a ust. 4.
2. (repealed)
3. The Minister responsible for the economic affairs, in agreement with the Minister of the Environment, with a view to achieving the objectives referred to in art. 166, may specify, by way of regulation:
1) the types of substances that should be used for the production of certain products or the use of which is prohibited;
2) authorized to use the technical solution;
3) the properties that the specified products must meet, including:
(a) emission standards from equipment,
(b) the authorised or required content of certain substances in the product,
(c) a prohibition on the presence of certain substances in
(d) product characteristics and parameters;
4) the terms in which individual requirements start to apply individual products or product groups.
4. The provision of the paragraph. 3 point 3 (a) a does not apply to incineration or co-incineration plants for which the emission standards are specified in the provisions issued under the Article. 146 (1) 3.
Article 170. [ Delegation] 1. The Minister responsible for the environment may define, by means of a regulation, the need to reduce the use of products adversely affecting the environment, plastic products on which the information should be provided of their negative impact on the environment.
2. In the Regulation referred to in paragraph. 1, they shall be determined:
1) a numerical indication allowing identification of the product or group of products and their name;
2. the time limit within which the requirement for the posting of information becomes applicable.
3. The Minister responsible for the environment may define, by means of a regulation, the manner and content of the information on the negative effects of the product on the environment on the products referred to in paragraph 3. 1, guided by the need to provide consumers with an opportunity to easily assess the characteristics of a product that is relevant to environmental protection.
4. In the Regulation referred to in paragraph. 3. may be fixed:
1) the size of the information;
2. models of information;
3) graphics and colors of information.
Article 171. [ Restrictions on the placing on the market of products] The placing on the market of products which do not comply with the requirements referred to in Article 4 shall be prohibited. 166 and 167 and in the provisions adopted on the basis of Article 169 and 170.
Art. 171a. [ Summary of selected products available on the market] 1. In order to provide the purchasers with the products of the information referred to in art. 167 par. 1, the administrative authorities shall draw up, annually and free of charge, a statement of the products available on the market to the extent that they are based on the basis of paragraph 1. 2.
2. The President of the Council of Ministers, guided by the need to provide consumers with an opportunity to easily assess the characteristics of the product relevant to environmental protection, will determine, by means of a regulation:
1) the products for which the information should be included in the set of lists;
2) the types of information contained in the sets;
3. the authorities responsible for the development, updating and making available of the lists and the detailed modalities for the implementation of those duties;
4) detailed requirements on how to make the sets available at the points of sale of products.
3. In the Regulation referred to in paragraph. 2, shall be determined in particular:
1) a numerical indication allowing identification of the product or group of products and their name;
2. the form, content, manner and timing of the compilation of the statements and the time limit and manner of updating them;
(3) the time limits for the transmission of information on products by the administrative authorities in their possession.
4. Administration bodies with information, determined on the basis of the paragraph. 2, shall be obliged to submit them free of charge within the time limits referred to in paragraph. 3 point 3.
Article 171b. [ Recipes for placing the product on the market] It may be placed on the market with the exception of the provisions of Article 166 and 167 and the provisions adopted on the basis of Article 169 and 170, products:
1) lawfully manufactured or admitted to trading in another Member State of the European Union or in the Republic of Turkey;
(2) lawfully produced in a Member State of the European Free Trade Agreement (EFTA) being a party to the Agreement on the European Economic Area.
Article 172. [ Packaging] Packages shall comply with the environmental protection requirements laid down in the separate provisions.
SECTION III
Roads, railways, tram lines, airports and ports
Article 173. [ Pollution from the operation of roads, railways, tramway lines, airports] Protection against pollution arising from the operation of roads, railways, tram lines, aerodromes and ports shall be ensured by:
1. the use of technical solutions limiting the spread of pollutants, and in particular:
(a) acoustic security,
(b) the protection against the entry of contaminated rainfall into soil or soil,
(c) means of disposal of waste arising in the course of operation of roads, railways, tramways, airports and ports;
2) the proper organization of the movement.
Article 174. [ Prohibition of the crossing of environmental quality standards when operating the road, railway line, tram line or airport] 1. The operation of roads, railways, tram lines, airports and ports shall not cause the environmental quality standards to be exceeded.
2. Emissions consisting of:
1) the introduction of gases or dusts into the air,
2) the introduction of wastewater into waters or land,
3) the production of waste,
4) causing noise,
arising from the operation of the road, the railway line, the tram line, the aerodrome and the port, may not, subject to paragraph 1, be subject to the conditions laid down in the 3, cause the environmental quality standards beyond the area to which the manager has a legal title exceeding the quality standards.
3. If an area of limited use has been created in connection with the operation of the road, railway line, tram line or airport, the operation shall not cause the environmental quality standards beyond that area to be exceeded.
Article 175. [ Managing duties of road, railway line, tram line, aerodrome or port] 1. The road, railway line, tram line, airport or port, subject to paragraph 1. 2, shall be obliged to periodically measure the levels in the environment of substances or energy entering into the operation of these facilities.
2. In the event of operation of objects with specific characteristics or categories indicating the possibility of introducing into the environment a substance or energy in significant quantities managing the road, railway line, tram line, airport or port is they are obliged to continuously measure their levels in the environment.
3. In the event of rebuilding of the road, railway line, tram line, airport or port, changing in a significant way the conditions of operation, the managing director is obliged to carry out measurements of levels in the environment of the substance or energy entering in relationship to the operation of these facilities.
4. The obligation referred to in paragraph 1 3, be completed at the latest within 14 days after the start of the operation of the rebuilt object.
4a. For the national roads, the obligation referred to in paragraph 1. 3, be completed within one year after the start of operation of the rebuilt object.
5. The results of the measurements referred to in paragraph. 1-3. 147 para. 6.
5a. The measurements referred to in paragraph 5. 1-3, including sampling, the provisions of Article 3 (1) shall apply mutatis mutandis. 147a.
6. On the basis of the results of periodic measurements of the noise levels referred to in paragraph. 1, and other necessary data, managing the road, railway or airport shall draw up an acoustic map of the sites surrounding these facilities.
Article 176. [ Delegation] 1. The Minister responsible for environmental matters shall determine, by means of a regulation, the requirements for conducting measurements of the levels of substances or energy in the environment referred to in art. 175 par. 1-3.
2. In the Regulation referred to in paragraph. 1, they shall be determined:
1) the cases in which they are required:
(a) continuous measurements of the levels of indicated substances or energy in the environment,
(b) periodic measurements of the levels of indicated substances or energy in the environment;
2. reference methodologies for the execution of measurements;
3) criteria for the location of measurement points;
4) means of records of the measurements carried out.
3. In the Regulation referred to in paragraph. 1, the requirement to carry out measurements may be established:
1) depending on:
(a) the category or classes of the road, the category of the railway or tramway line,
(b) the type of railway, tramway, airport or port,
(c) the technical or operational parameters of the road, railway or tramway line;
2) in connection with the location of the road, the railway line, the tram line, the airport and the port:
(a) in densely populated areas,
(b) in protected areas for the purposes of environmental protection under specific provisions;
3) for individual sections of roads, railways or tramlines.
Article 177. [ The authorities receiving the results of operating measurements of roads, railways, tramway lines, airports or harbour] 1. The results of the measurements referred to in art. 175, managing the road, railway line, tram line, airport or port, shall submit to the environmental protection authority and the provincial environmental protection authority, if these measurements are of particular importance for the systematic observation of the changes the environmental status resulting from the operation of these facilities.
2. The Minister responsible for the environment will determine, by means of a regulation, the types of results of measurements carried out in connection with the operation of roads, railways, tram lines, airports and ports which, due to particular importance for the systematic observation of changes in the state of the environment resulting from the operation of these facilities should be communicated to the competent environmental authorities and the provincial environmental protection inspector, and the time limits and manner of presentation of these results, guided by the need to ensure the systematic observation of state changes environment.
3. In the Regulation referred to in paragraph. 2, they shall be determined:
1) cases in which the submission of measurement results is required due to the characteristics of the objects referred to in art. 176 (1) 3 (1), and their location;
2) the form of the submitted measurement results;
(3) the layout of the measurement results submitted;
4) the required techniques for the submission of measurements;
5) the time limits for the submission of the results of measurements depending on their types.
Article 178. [ Obligation to conduct measurements of substance or energy levels in the environment at a specified time] 1. The environmental authority may, by decision, impose on the management road, railway line, tram line, airport or port the obligation to conduct measurements of levels of substances or energy in the environment introduced in the environment at a specified time connection with the operation of these facilities going beyond the obligations referred to in Article 175 par. 1-3, or obligations imposed in the mode art. 56 par. 4 pt. 1 or art. 95 (1) 1, if the checks carried out on the levels of the substance or energy in the environment that are emitted in connection with the operation of the plant prove to exceed the environmental quality standards; the results of the measurements carried out shall apply mutatis mutandis. art. 147 para. 6.
1a. For the measurements referred to in paragraph 1. 1-3, including sampling, the provisions of Article 3 (1) shall apply mutatis mutandis. 147a.
2. To the decision referred to in paragraph. Article 2 (1) shall apply mutatis mutandis. 150 par. 2.
3. If the checks carried out on the levels of substances or energy in the environment, which are emitted in connection with the operation of the plant, prove to exceed the environmental quality standards, the environmental protection authority may, by decision, impose on the management of the road, railway line, tram line, aerodrome or port of the obligation to submit the results of measurement of the levels of the substance or energy in the environment beyond the obligations referred to in Article 4 (1) of Regulation (EU) no matter. 177 (1) 1, specifying the scope and deadlines for their submission, as well as the requirements in terms of the form, the layout and the required techniques of their submission.
4. The proceedings concerning the issue of a decision imposing the obligation to carry out measurements or their submission shall be initiated ex officially.
Article 179. [ Obligation to draw up an acoustic map of the site] 1. the road, rail or airport with the facilities whose operation can cause negative acoustic effects in significant areas, shall draw up every 5 years the acoustic map of the land on which the operation of the facility may be cause the permissible noise levels in the environment.
2. The Minister responsible for the environment will determine, by means of regulations, roads, railway lines and airports whose operation can cause negative acoustic impacts on the significant areas for which the drawing up of maps is required acoustic, and ways to determine the boundaries of the sites covered by these maps, taking into account the characteristics of the objects referred to in Article 176 (1) 3.
2a. In the regulation referred to in paragraph 2. 2, the time limits for the advance payment of roads, railways and airports may be differentiated to facilities whose operation can cause adverse effects on the environment, taking into account the drawing up in the first sequence of acoustic maps for objects with more than one a negative sound effect.
2b. The acoustic map shall be drawn up using the latest results of noise measurements carried out on the basis of art. 175 and other data.
3. The acoustic map shall be drawn up in fragments comprising objects in the areas of particular counties; the parts of the acoustic map shall be used respectively by art. 118 (1) 3-5.
4. By road, rail or airport, it shall be submitted immediately after the execution of:
1) a fragment of an acoustic map covering a specific district-the competent marshal of the voivodship and the old age;
2) a fragment of the acoustic map covering the specified voivodship-the competent provincial environmental protection inspector.
(5) The management of the road, the railway or the airport is required to draw up for the first time the acoustic map of the site within 1 year from the date on which they were included in the facilities the operation of which is likely to cause a negative impact. acoustic in significant areas.
SECTION IV
Authorisations for the introduction into the environment of substances or energy
Chapter 1
General provisions
Article 180. [ Permit to operate the installation] Operation of the installation causing:
1) introduction of gases or dusts into the air,
2) putting waste water into the waters or into the ground,
3) generation of waste,
4) (repealed)
5) (repealed)
shall be authorised after authorisation, if required.
Art. 180a. [ Manufacture of waste requiring authorisation] The permit for waste generation shall be required for the production of waste:
1) with a mass greater than 1 Mg per year-in the case of hazardous waste or
2) with a mass greater than 5000 Mg per year-in the case of non-hazardous waste.
Article 181. [ Types of permits granted by the environmental authority] 1. The environmental authority may grant permission:
1) integrated;
2) for the introduction of gases or dusts into the air;
3) water-law for the introduction of wastewater into the waters or into the ground;
4) for the production of waste.
5) (repealed)
6) (repealed)
(1a) The environmental protection authority may, at the request of the operator, cover a single permit for installations located in the area of its property.
2. Terms and conditions for issuing, expiring, reversing and limiting the permit referred to in paragraph. 1 point 3, and the jurisdiction of the authorities lay down the provisions of the Act-Water law, subject to the paragraph. 3.
3. The provisions of Article 4 shall apply mutatis mutandis to water-right licences for the introduction of wastewater into waters or to land. 187, art. 188 par. 3 points 2 and 3 (2) 4, art. 189, art. 193 2 and Art. 198.
4. The Article shall not apply to the integrated licence and the permit for the production of waste. 11 (1) 9 of the Act of 2 July 2004. about the freedom of economic activity.
Article 182. [ Authority related to the provision of an integrated permit] The licences referred to in Article 181 par. 1 points 2 to 4, and a water-law permit for water consumption shall not be required in the case of an obligation to have an integrated permit.
Article 183. [ Decision on the issue, expiry, revocation and restriction of the authorisation] 1. The permit shall be issued by decision of the environmental authority.
2. On expiry, withdrawal and restriction of the authorisation, the competent authority shall have jurisdiction to issue the authorization.
3. The final decisions referred to in paragraph. 1 and 2, the environmental authority shall immediately transmit to the voivodship environmental protection officer.
Article 183a. [ Legal title to the ruler marked part of the installation] Within the meaning of the provisions of this chapter, the operator shall also be entitled under a specific legal title to the authority designated as part of the installation.
Art. 183b. [ The inclusion of one licence marked with a part of the installation] 1. At the request of the marked parts of the installation, marked parts of the installation can be covered with one licence.
2. The presenters marked with the parts of the installation referred to in paragraph. 1, shall apply to the joint application for authorisation, indicating either of these entities as the principal presenter or specifying in detail the responsibilities of the individual entities for the operation of the installation in accordance with the provisions of protection environment.
Chapter 2
Issue of licences
Article 184. [ Application for authorisation] 1. The permit shall be issued, subject to Article 183b, art. 189, art. 191a and art. 217, at the request of the operator.
2. The application for authorisation shall include:
1. the designation of the operator, his address of residence or establishment;
(1a) the indication of the principal operator of the installation or the definition of the responsibilities of each of the relevant parts of the installation for the operation of the installation in accordance with the environmental regulations, in the case referred to in Article 183b;
2. the address of the establishment on whose territory the operation of the installation is carried out;
3) information about the legal title to the installation;
4. information on the type of installation, the equipment used and the technologies used and the technical characteristics of the sources of origin and the emission sites;
5) assessment of the technical condition of the installation;
6) information on the type of activity carried out;
7) a description of the intended variants of the operation of the installation;
8) a block (general) technological scheme together with the mass balance and the types of materials, raw materials and fuels used, which are relevant to the environmental requirements;
(9) information on the energy used or produced by the installation;
10. the size and source of the formation or the place of issue-up-to-date and proposed-in the course of normal operation of the installation and in conditions which deviate from normal, in particular such as start-up and shut-down operations;
10a) the conditions or parameters characterizing the installation work, determining when the start-up is completed and the moment when the installation is shut down;
11) information about the planned periods of operation of the installation in conditions deviating from normal;
12) information on the existing or expected impact of emissions on the environment;
13) the results of measurements of emissions from the installation, if the carrying out of measurements was required;
14) changes in the volume of emissions, if they have taken place after the last permit for the installation;
15) the proposed measures, including the specification of technical measures to prevent or limit emissions, and if the actions are to be carried out during the period for which the permit is to be issued-also the proposed deadline for completion those activities;
16) the proposed procedures for monitoring technological processes relevant to the environmental protection requirements, in particular measurement or recording of emission volumes;
17. the declared term and manner of completion of the operation of the installation or of its identified part, which does not present a risk to the environment, if the end of operation is foreseen during the period for which the permit is to be issued;
17a) declared total time for further operation of the installation, if it has an impact on the definition of environmental protection requirements, and the declared way of documenting the time of this operation;
17b) the declared date for placing the plant in service in the case referred to in Article 191a;
18) the length of time for which the permit is to be issued.
The application for a permit for the production of waste shall not apply to the requirements referred to in paragraph 2. 2 paragraphs 11-15.
2b. The application for a permit for the production of waste referred to in art. 181 par. In addition, the following shall be added:
1) the tax identification number (NIP) and the REGON number of the holder of the waste, if it has been given;
2) specification of the types of waste provided for the manufacture, taking into account their basic chemical composition and properties;
3) determination of the quantity of waste of the individual types foreseen for generation during the year;
4) an indication of ways to prevent the creation of waste or to reduce the amount of waste and their negative impact on the environment;
5) a description of the further way of management of waste, taking into account the collection, transport, recovery and disposal of waste;
6) an indication of the place and the manner and types of the waste stored.
3. If the application referred to in paragraph 1, refers to the installation of newly activated or substantially altered ways, it shall include information on the fulfilment of the requirements referred to in Article 143.
4. The application for authorisation shall be accompanied by:
1) a document confirming that the applicant is entitled to exist in the legal trade if the operator is not a natural person;
2) (repealed)
3) a summary of the proposal drafted in non-pectic language.
4) (repealed)
5. The additional requirements for an application for an authorisation shall be determined by the Article. 208 and art. 221.
Article 185. [ Parties to the licence procedure] 1. The parties to the procedure shall be the operator of the installation and, if a restricted use area is established in connection with the operation of the installation, in which the land is located in that area.
2. In the procedure for issuing a licence, no Article shall be applied. 31 Of the Code of Administrative Procedure.
2a. In the procedure for the issue of an integrated licence for a newly built installation, the issue of an integrated licence with the derogation provided for in Article 3 (1) of the Regulation. 204 par. 2 or in proceedings concerning its amendment to grant such derogation and in the proceedings for a decision on the issue or amendment of an integrated permit concerning a major change of installation, the provisions of Article 4 shall apply. 44 of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
3. If the number of pages in the proceedings exceeds 20, the parties other than the operator shall apply art. 49 Of the Code of Administrative Procedure.
Article 186. [ Refused authorisation] The authority competent to issue the licence shall refuse to issue the licence, if:
1) the requirements referred to in art are not fulfilled. 141 (1) 2, art. 143 and art. 204 par. 1, and in the case of a permit for generation of waste referred to in art. 181 par. Article 1 (4), and of the integrated permit-also if the intended way of management of waste is incompatible with the waste management plans referred to in the Act of 14 December 2012. Of waste;
(2) the operation of the installation would result in an exceedance of the emission limit values;
3) the operation of the installation would result in exceeding the environmental quality standards;
(4) the issue of the licence would be incompatible with the action programmes referred to in Article 4. 17, 91 ust. 1 and Art. 119 (1) 1;
5) the application concerns the rights of the applicant covered by the decision to withdraw or limit the permit in the cases referred to in Article 194 (1) 1 and Art. 195 (1) 1 point 1, and no more than 2 years from the date on which the decision on the withdrawal or restriction of the licence has become final;
(6) the operation of an installation located within the limits of the industrial zone would result in a breach of the arrangements laid down in the Regulation establishing its establishment;
7) a regional installation for the treatment of municipal waste or a trans-regional installation for the treatment of municipal waste does not meet the environmental requirements or requirements specified for such installation.
Article 187. [ Securing claims on the occurrence of adverse effects and environmental damage] (1) If there is a particularly important social interest relating to the protection of the environment and, in particular, the risk of deterioration of the environment in large proportions, in the authorisation referred to in Article 1 (1) of Regulation (EU) No 101K (1). 181 par. 1 points 1 to 4 may be established to secure claims for adverse effects in the environment and environmental damage within the meaning of the Act of 13 April 2007. of preventing damage to the environment and repair thereof.
1a. Establishing the protection of claims, the environmental protection authority referred to in art. 376 points 2 and 2b, competent for the issue of the licence referred to in Article 181 par. 1 points 1 to 4 shall agree on the amount of that security with the Regional Director of Environmental Protection.
(1b) The conformity referred to in paragraph 1 shall be provided for in paragraph 1. 1a, shall be in the form of an order for which the complaint shall be used.
2. The security referred to in paragraph 2. 1, may take the form of a deposit, bank guarantee, insurance guarantee or an insurance policy.
3. A security in the form of a deposit shall be paid into a separate bank account indicated by the issuing authority, and the security in the form of a bank guarantee or an insurance policy shall be submitted to the authority issuing the permit.
4. The bank guarantee or insurance policy should state that in the event of adverse effects in the environment as a result of the entity's failure to comply with the obligations laid down in the permit referred to in art. 181 par. 1 points 1 to 4, the bank or insurance company shall settle the obligations in favour of the issuing authority.
5. The Minister of Environmental Affairs, taking into account the nature and scale of the activities carried out in the installations and the associated probability of occurrence and extent of potential damage to the environment, and guided by the need to provide coverage the costs of remedial actions in the event of environmental damage may, by means of a regulation, specify the types of installation where the security referred to in paragraph 1 (1) (a) is to be provided. 1, it should be established.
6. The Minister of Environmental Affairs, taking into account the likelihood and extent of potential damage to the environment and the need to ensure that the costs of remedial actions are covered in the event of environmental damage, may determine, by means of a regulation, the modalities for determining the amount of the claims collateral, depending on the type of claim carried out by the operator of the business environment, the production volume and the technical parameters of the installation.
Article 188. [ Licence] 1. The permit shall be issued for a marked time, not longer than 10 years, with the exception of the integrated permit, which shall be issued for an indeterminate period. At the request of the operator, an integrated permit may be issued for a marked period.
2. The permit shall specify:
1) the type and parameters of the installation relevant to the anti-pollution point of view;
2) the size of the permissible emission under the conditions of normal operation of the installation, not greater than the resulting from the proper operation of the installation, for individual variants of operation;
3) maximum permissible duration of maintenance of technologically justified operating conditions deviating from normal, in particular in the case of starting and shutting down the installation, as well as conditions or parameters characterizing the work the installation, specifying the time when the start-up is completed and the moment when the installation is shut down and conditions for entering the substance or energy into the environment in such cases;
4. if this has an impact on the definition of environmental protection requirements:
(a) the deadline for completion of the installation,
(b) the acceptable cumulative duration of further operation of the installation and the way in which the operation is documented;
(5) sources of origin or the place of entry into the environment of substances or energy;
6) the term from which the emission is permissible, in the case referred to in art. 191a;
6a) the indication of the principal operator of the installation or the definition of the responsibilities of the individual operators marked with the part of the installation for the operation of the installation in accordance with the provisions of environmental protection, in the case referred to in art. 183b.
7) (repealed)
8) (repealed)
9) (repealed)
2a. Waste production licences shall not apply to the requirements referred to in paragraph 2. 2 points 2 and 3.
2b. The permit for waste generation shall specify in addition:
1) the tax identification number (NIP) and the REGON number of the holder of the waste, if it has been given;
2) specification of the types of waste provided for the manufacture, taking into account their basic chemical composition and properties;
3) determination of the quantity of waste of the individual types foreseen for generation during the year;
4) an indication of ways to prevent the creation of waste or to reduce the amount of waste and their negative impact on the environment;
5. a description of the way in which waste management is further managed, taking into account the collection, transport, recovery and disposal of waste;
6) an indication of the place and the manner and type of the waste stored.
3. The permit may specify, as far as the particular reasons for the protection of the environment are in favour:
1) how to proceed in the event of termination of the installation operation;
2) the size and form of securing claims;
3) the required actions, including the specification of technical measures aimed at preventing or reducing emissions, and if the actions are to be carried out during the period for which the permit is issued-also the deadline for the implementation of these actions;
4) the type and quantity of the energy used, materials, raw materials and fuels, taking into account the requirements referred to in art. 143 points 1-5;
5) the scope and manner of monitoring of technological processes, including the measurement and recording of emission volumes in so far as they go beyond the requirements referred to in art. 147 and 148 (1) 1;
6) the procedure in the case of damage to the measuring apparatus used to monitor technological processes, if its application is required;
7) the manner and frequency of the communication of the information and data referred to in point 5, the authority competent to issue the permit and the provincial environmental protection inspector.
4. The operation of the installation shall be permitted after the lodging of the security, if it has been established.
5. Additional requirements for licences shall specify the provisions of the Article. 211 and art. 224.
Article 189. [ Acquisition of rights and obligations arising from the installation or marking of a part of the installation] 1. The entity, which becomes the operator of the installation or its designated part, shall assume the rights and obligations arising from the permissions relating to that installation or its designated part.
2. The subject referred to in paragraph 2. 1, it shall apply without delay to the application for the modification of the licence for marking the operator.
Art. 191a. [ Application of the entity undertaking the new installation] The licence may be issued at the request of the entity undertaking the implementation of the new installation.
Article 192. [ Amendment of permit conditions] The provisions on the issue of licences shall apply mutatis mutandis.
Chapter 3
Expiry, revocation and restriction of the authorisation
Article 193. [ Expiry of the authorisation] 1. The permit shall expire:
1) after the expiry of the time for which it was issued;
2) if the entity has ceased to be an operator of an installation within the meaning of the Act, or for other reasons the permit has become unconcerned;
3. at the request of the operator;
4. if the operator has not started the activity covered by the licence within two years from the date on which the licence was made final;
5. if the operator has not operated the activity covered by the licence for two years;
6) in the case referred to in art. 229 (1) 5;
7) in the event of a cessation of use of the storage site for a period longer than a year
8) in the event of a cessation of the thermal conversion of waste for more than a year.
1a. (repealed)
1b. In the case referred to in art. 191a, the licence shall lapse if the operator has not started the activity covered by the licence within two years of the date specified in the licence of the day from which the licence is authorised.
2. The licences referred to in Article 181 par. In accordance with Article 1 (1) to (4), and the water-law for water consumption, in the part concerning the installation requiring an integrated licence, the operator should be able to obtain an integrated permit, unless the operator is authorised to do so. the installation has been granted an integrated permit before that date.
3. The authority competent to issue the licence shall state, by decision, the expiry of the authorization if the circumstances referred to in paragraph 1 are present. 1 points 2 to 8.
4. (repealed)
5. The permit shall not be extinguished if the rights and obligations referred to in Article 4 have been taken over. 189, or taking over on the basis of other provisions, rights and obligations arising from the decision, including in particular the provisions of Title IV of the Act of 15 September 2000. -Code of Commercial Companies (Dz. U. of 2016 r. items 1578, 1579, 2255 and 2260), in the case of mergers, division or transformation of commercial companies, or the provisions of the Act of 30 August 1996. o commercialization and certain employee entitlements (Dz. U. of 2016 r. items 981, 1174 and 2260).
Article 194. [ Withdrawal or limitation of the permit without compensation] 1. The permit shall be subject to revocation or restriction without compensation, if the installation is not properly operated, thereby creating a risk of deterioration of the environment in significant sizes or the threat of life or human health.
2. In the case referred to in paragraph. 1, the decision on the withdrawal or restriction of the authorisation shall be given immediate enforceability.
Article 195. [ Situations which result in the withdrawal or limitation of the permit without compensation.] 1. The permit may be withdrawn or limited without compensation if:
1) the operation of the installation is carried out in violation of permit conditions, other provisions of the Act or the Waste Act;
2. the provisions on environmental protection have changed to a degree which makes it impossible to emissions or to use the environment under the conditions laid down in the permit;
3. the installation shall be subject to the proceedings referred to in Article 3. 227-229;
(4) the national emission ceilings referred to in Article 4 have been exceeded. 15 para. 1 of the Act of 17 July 2009. the scheme for the management of greenhouse gas emissions and other substances;
(5) the operator of the installation did not apply with the application referred to in Article 4 (5). 215 (1) 4 pt. 2 or art. (a) 3.
2. In the case referred to in paragraph. In accordance with Article 1 (1), prior to the adoption of a decision on the withdrawal or restriction of the authorisation, the authority shall invite the operator to remove the infringements within the time
Article 196. [ Withdrawal or reduction of compensation for compensation] 1. The permit may be withdrawn or limited for compensation if:
1) address this environmental or environmental considerations; or
2) the use of the permit creates a threat to the life or health of the people.
2. The determination of compensation shall be made by the decision of the competent authority to withdraw or limit the authorization; the decision is non-actionable.
3. Compensation shall be granted to the competent authority for the withdrawal or restriction of the authorization.
4. A party not satisfied with the awarded compensation may within 30 days from the date of service of the decision referred to in paragraph 1. 2, to bring an action to the general court; the judicial path shall also be entitled in the absence of a decision by the competent authority within a period of 3 months from the request of the victim.
5. An occurrence on a judicial path shall not withhold the execution of the decision referred to in the paragraph. 2.
6. The claim for damages shall expire on the expiry of the year from the date on which the decision to revoke or limit the authorization became final.
Article 197. [ Warrant for the removal of negative effects in the environment resulting from the operation of the business] 1. If the negative effects in the environment resulting from the operation have not been removed, the authority competent to issue the licence shall specify the scope and the time limit for the implementation of that obligation in the decision on the expiry, withdrawal or restriction of the permit.
2. The powers referred to in paragraph 2. 1, do not violate the powers of the administrative body arising from the art. 362 mouth. 1 point 2.
Article 198. [ Reimbursement] 1. After the decision on the expiry, withdrawal or restriction of the licence, if the operator has removed the adverse effects in the environment resulting from the operation or the effects have not occurred, the authority competent to issue the licence shall be held at the request of the operator for the return of the security provided.
(2) Where it is found that the negative effects in the environment resulting from the operation have not been removed within the prescribed period, the authority responsible for issuing the licence shall give a decision to the effect that the security is necessary to the extent necessary for the operation of the the removal of these effects.
Article 199. [ Proceedings for the expiry, revocation or restriction of the authorisation] Proceedings concerning the expiry, revocation or restriction of the authorization shall be initiated either by the authority or at the request of the operator.
Article 200. [ Notice of liquidation or bankruptcy of an operator using the environment] In the event of the announcement of the liquidation or bankruptcy of an entity benefiting from the environment, the provisions of Article 198 shall apply, as appropriate, to the decision to refund the security or to the extent of the removal of the damage.
Chapter 4
Integrated licences
Article 201. [ Activities requiring an integrated permit] 1. The integrated licence shall require the operation of an installation which, by reason of the nature and scale of its activities, may cause significant pollution of particular natural elements or the environment as a whole, with the exception of installations or parts thereof used exclusively for the examination, development or testing of new products or technological processes.
2. The Minister responsible for environmental matters shall determine, by means of a regulation, the types of installations liable to cause significant pollution of the various natural elements or the environment as a whole.
3. In the Regulation referred to in paragraph. 2, the minister responsible for the environment will take into account the type and scale of the activities carried out in the installations.
Article 202. [ Conditions specified in the integrated permit] (1) If the Act does not provide otherwise, the conditions of issue laid down for the licences referred to in Article 1 shall be set out in the integrated permit. 181 par. In accordance with Article 1 (1) (b) of the EC-law, the Commission shall, in accordance with the provisions of Article 4 (1) (1),
2. The provisions of Article 1 shall not apply to installations requiring an integrated licence. 224 ust. 3 and 4; for those installations, the emission limit values for gases or particulates entering the air shall be determined:
1) listed in the BAT conclusions, and if they have not been published in the Official Journal of the European Union-BAT reference documents;
2) covered by emission standards.
2a. In the integrated licence, the emission limit values for gases or dust entering the air shall not be determined:
1) unorganized or via gravity ventilation from installations for which the level of this emission has not been specified in the provisions on emission standards for the introduction of gases or particulates into the air, and if not it is defined in the BAT conclusions;
2) from the installation for the discharge of the storage gas into the air.
3) (repealed)
3. (repealed)
4. The integrated licence shall specify the conditions of manufacture and the methods of handling the waste under the rules laid down in the provisions of the Act of 14 December 2012. of waste, whether or not a waste generation permit would be required for the installation.
5. (repealed)
(6) In the integrated licence, it shall also be established under the conditions laid down in the Act of 18 July 2001. -Water rights, the conditions for the collection of surface or groundwater, if these waters are collected only for the purposes of an installation requiring an integrated permit.
7. In the case of an integrated licence, no Article shall apply. 107 § 4 of the Code of Administrative Procedure.
Article 203. [ Installations on the premises of a single plant] 1. Installations referred to in Art. 201 (1) 1, located in a single plant area shall be one integrated licence.
2. At the request of the operator, the installations referred to in Art. 201 (1) 1, separate integrated licences may be covered by separate installations on the premises of a single plant.
3. At the request of the operator, the installations referred to in Art. 201 (1) 1, an integrated licence may be extended to installations which do not require an integrated permit situated in the same establishment as the installation requiring such an authorisation, setting out conditions for the introduction into the environment of the substance or energy under the rules laid down for the licences referred to in Article 181 par. 1 points 2 to 4, and a water-or water-law permit for water consumption.
Article 204. [ Obligation to maintain emission limit values] 1. The installations requiring an integrated permit shall meet the environmental requirements resulting from the best available techniques, and in particular shall not cause exceedances of the emission limit values.
(2) In specific cases, the competent authority for the issue of an integrated licence may, in an integrated licence, authorise a derogation from the emission limit values if, in its assessment of their achievement, it would lead to disproportionately high the costs in relation to the environmental benefits and provided that the emission standards are not exceeded, where applicable.
3. When carrying out the assessment referred to in paragraph. 2, the competent authority shall take into account the geographical location, the local environmental conditions, the technical characteristics of the installation or other factors affecting the functioning of the installation and the environment as a whole.
(4) If the BAT conclusions are not published in the Official Journal of the European Union, the emission limit values for the installation shall be determined taking into account the need to respect the emission standards and the environmental quality standards.
Article 205. [ Obligation to meet environmental quality standards] The application of the best available techniques does not exempt from the obligation to comply with the environmental quality standards.
Article 206. [ Obligations of the Minister responsible for the environment] The Minister for the Environment shall collect information on the best available techniques, BAT conclusions and BAT reference documents and disseminate it for the authorities competent to issue licences and interested parties. the environment.
Article 207. [ Determining best available techniques] 1. The best available techniques shall meet the requirements in which the determination of the following shall be taken into account:
(1) a cost and benefit account;
2) the time necessary to implement the best available techniques for a given type of installation;
3. to prevent or limit the risks to the environment caused by emissions;
4. take measures to prevent serious industrial accidents or reduce to a minimum the risks to the environment;
5. deadline for placing the installation into service;
(6) BAT reference documents and BAT conclusions, if they have been published in the Official Journal of the European Union.
(1a) When determining the best available techniques, the requirements referred to in Article 4 shall be taken into account. 143, also in the case where the installation is not newly started or changed significantly.
2. (repealed)
3. (repealed)
Article 208. [ Application for an integrated licence] 1. The application for the issue of an integrated licence shall comply with the requirements laid down for applications for licences referred to in Article 3. 181 par. 1 points 2 to 4 and, if surface or groundwater is collected only for the purposes of installation, the application for a water-right permit for water consumption.
2. The application for an integrated licence shall also include:
1. information concerning an installation requiring an integrated permit:
(a) the impact of emissions on the environment as a whole,
(b) existing or possible transboundary effects on the environment,
(c) the projected amount of noise emissions as determined by the levels of noise produced outside the establishment in neighbouring areas and the acoustic impact on the types of sites referred to in Article 4 (1) of Regulation (EC) No Regulation (EC) No limit, 113 (1) 2 point 1, as well as the distribution of the working time of noise sources for the good, together with the expected variants,
(d) the forecast quantity, the state and composition of the industrial waste water, unless the waste waters are introduced into the waters or the land,
(e) the forecast quantity of water used, unless the conditions referred to in Article 4 are observed. 202 par. 6,
(f) the proposed means of preventing and reducing the consequences of the accident, if not applicable to the establishments referred to in Article 3 (1). 248 (1) 1,
(g) meeting the requirements referred to in Article 207 para. 1 and 1a;
2) the justification for the proposed amount of emissions in the case referred to in art. 204 par. 2;
3) a description of the variants of anti-pollution measures, if such variants exist;
4. where the operation of an installation involves the use, production or release of a substance causing a risk and the possibility of contamination of soil, land or groundwater on the premises of:
(a) an initial report on the state of soil, land and groundwater pollution of these substances, hereinafter referred to as 'the initial report',
(b) a description of the means of preventing emissions to soil, land and groundwater,
(c) proposals on how to carry out a systematic assessment of the risks of soil, soil and groundwater pollution that may be present on the premises of the plant in connection with the operation of the plant or the way and the frequency of carrying out soil and soil contamination tests with these substances and to measure the content of those substances in groundwater, including sampling.
3. In the information referred to in paragraph. For the types of sites referred to in Article 2, point 1 (c), the forecast noise levels outside the plant are to be expressed as noise indicators LAeq D and LAeq N. 113 (1) 2 point 1.
4. The initial report contains:
1) information on the activities carried out on the premises of the establishment;
2) information on the activities carried out on the premises of the establishment in the past, as long as such information is available;
3. the names of the substances causing the risk, used, produced or released by the requiring integrated installation, located on the premises of the establishment;
4. information on the state of contamination of soil, land and groundwater on the premises of the establishment of substances which cause risks to be used, produced or released by requiring an integrated installation permit, located on the premises of the plant, including the results of soil and soil pollution testing of these substances and the measurement of the content of these substances in groundwater, including sampling, carried out by the laboratory referred to in Article 147a ust. 1 point 1 or paragraph. 1a.
5. The application for an integrated licence shall be submitted in paper form in two copies.
6. The application for an integrated licence shall be accompanied by:
1) proof of payment of the registration fee;
2) record of the application in electronic form on the IT data carriers;
3) a copy of the emergency prevention programme referred to in art. 251, or a copy of the security report referred to in art. 253, if they were developed.
7. In the case referred to in art. 135 par. 6 if the operator is requested to obtain an integrated permit despite the failure to meet the permissible noise levels outside the plant, the application for an integrated licence shall additionally contain information that it is necessary the establishment of a restricted use area and the definition of the boundaries of such an area, restrictions on land use, technical requirements for buildings and use of land use; in this case it is not necessary to draw up an ecological review.
8. The application referred to in paragraph 1. 7, a copy of the standard map certified by the competent authority shall be accompanied by a marked boundary of the area at which it is necessary to create a area of limited use.
Article 209. [ Record of the application in electronic form] 1. The authority responsible for issuing the authorisation shall submit to the Minister responsible for the environment or to the body referred to in Article 4. 213 par. 1, the record of the application in electronic form, by means of electronic means of communication, within 14 days from the date of its receipt.
2. If the licence is to cover the installation for the first time or is intended to cover the installation after a substantial change, the issue of the licence should take place within 6 months from the date of submission of the application; the provision of art. 35 § 5 of the Code of Administrative Procedure shall apply mutatis mutandis.
Article 210. [ Registration Fee] 1. The condition of consideration of an application for the issue of an integrated licence shall be the payment of the registration fee.
2. (repealed)
3. The amount of the registration fee may not be higher than 12,000 PLN.
(3a) The registration fee shall also be paid in the event of an amendment of an integrated licence in connection with the making of substantial changes to the installation covered by that licence. This fee shall be 50% of the registration fee, which would be required in the case of an application for an integrated licence for that installation.
4. The Minister responsible for the environment will determine, by way of regulation, the amount of the registration fees, guided by the scope of the documentation necessary for the issue of the permit due to the scale and nature of the activities carried out in the installations and the need to collect measures for the performance of the tasks referred to in Article 206 and 212.
Article 211. [ Requirements for integrated permit] 1. The integrated permit shall comply with the requirements laid down for the licences referred to in Article 3. 181 par. 1 points 2 to 4, and a water-or water-law permit for water consumption.
2. The operator of an installation requiring an integrated permit shall inform without delay the authority competent to issue the permit and the provincial environmental protection supervisor of the breach of the terms of that permission.
3. The emission limit values set out in an integrated licence for an installation requiring an integrated permit shall be determined for the same or shorter periods and the same reference conditions as the emission limit values, if they have been established.
4. If the BAT conclusions do not specify the emission limit values, the conditions set out in the integrated permit shall correspond to the level of environmental protection as defined in the BAT conclusions.
5. The integrated licence shall specify, for installations requiring an integrated permit, the scope and the manner of monitoring of emissions in accordance with the monitoring requirements set out in the BAT conclusions, if they are specified. In the absence of BAT conclusions, BAT reference documents may be included, to the extent that they go beyond the requirements referred to in Article 3. 147, and the requirements laid down in the provisions adopted on the basis of art. Par. 148 1.
6. The integrated permit shall also specify, in respect of an installation requiring an integrated permit:
1) the type of activity carried out;
2. the means of achieving a high level of protection of the environment as a whole;
3. the requirements to ensure the protection of soil, land and groundwater, including measures to prevent emissions to soil, land and groundwater and the way in which they are systematically supervised, if necessary;
4) in the case of installations which require an initial report-the manner of conducting a systematic assessment of the risk of soil, land and groundwater pollution of the substances causing the risks which may be located on the premises of the plant in connection with the operation of the installation, or the manner and frequency of the implementation of soil and soil pollution tests with these substances and to measure the content of these substances in groundwater, including sampling;
5. the means of reducing transboundary effects on the environment;
6. the amount of noise emission determined by the permissible noise levels outside the plant, expressed by noise indicators LAeq D and LAeq N, for the types of sites referred to in Article 3 (2) of Regulation (EC) No 246Directive (EC) No 246Directive (EC) No 24 113 (1) 2 (1), and the distribution of the working time of noise sources for the good, including the projections envisaged;
7) the quantity, state and composition of industrial wastewater, unless the sewage is introduced into the waters or to the ground;
(8) the quantity of water used, unless the conditions referred to in Article 4 are observed. 202 par. 6;
9. the means of preventing and limiting the consequences of the accident and the requirement to inform the occurrence of a failure if this does not apply to the establishments referred to in Article 3. 248 (1) 1;
10) ways of dealing with the termination of the operation of the installation, including ways of removing the negative effects resulting in the environment as a result of the operation being carried out, when they are predicted;
11) ways to ensure the efficient use of energy;
12) the scope, the manner and timing of the transmission to the authority competent to issue the authorisation and the provincial environmental protection inspector an annual information allowing the conformity assessment to be carried out with the conditions set out in the permit, within the scope of not covered by the provisions of Article 149.
7. In an integrated licence covering the source of combustion of fuels, referred to in the provisions issued on the basis of art. 146h, shall be determined, for that source, for maximum emissions of the substance for the period referred to in Article 4. 146f par. 3, together with the conditions for recognising them as being kept, as referred to in the provisions issued on the basis of art. 146h (4).
(8) In the integrated licence, additional requirements relating to the operation of the installation may be specified where this is necessary in order to achieve a high level of environmental protection as a whole.
9. In the case referred to in art. 135 par. 6, the integrated licence states that the area of restricted use must be created.
10. The integrated permit referred to in paragraph 10. 9, has legal effect from the date of entry into force of the resolutions of the district council or the resolution of the state's purse to create the area of limited use.
(11) The reasons for the integrated permit shall include the assessment referred to in Article 4. 204 par. 2.
(12) The authority responsible for issuing the authorization shall submit to the Minister responsible for the environment or to the entity referred to in Article 4. 213 par. 1, an electronic copy of the integrated licence and the decision amending the integrated licence, by means of electronic means of communication, within 14 days from the date of their issue.
Article 211a. [ Amendment of the integrated permit] 1. In order to carry out research into the new technique, the competent authority for issuing the permit may, at the request of the operator, amend the integrated permit, specifying a variant of the operation of the installation containing the emission limit values exceeding the emission limit values and allowing for a waiver of the environmental requirements resulting from best available techniques, for a period of not more than 9 months.
2. By the new technique referred to in the mouth. 1, a new technique is understood in an industrial activity, the application of which could provide a higher or at least the same level of environmental protection and greater cost savings than the existing best available techniques, if it is may have been applied on an industrial scale.
(3) The operator of the installation shall submit to the competent authority for the issue of the authorisation a report containing information on the effects of the research carried out on the new technique, within 30 days after the expiry of the time referred to in paragraph 3. 1.
4. The application referred to in paragraph 1. 1, the provisions of Article 1 shall not apply. 210.
Article 212. [ Register of applications for integrated licences and integrated licences issued] 1. The Minister responsible for the environment shall keep a register of applications for the issue of integrated licences and issued integrated licences.
2. The Minister responsible for environmental matters or the entity referred to in art. 213 par. 1, may refer to the starost for information or make available other than indicated in the paragraph. 1 documents relating to the issue of integrated licences; this entitlement shall be granted to the entity referred to in Article 1. 213 par. 1, also in relation to the Marshal of the voivodship.
3. In the event of a finding of irregularities in the issuing of an integrated licence, the Minister responsible for the environment shall address the occurrence, the content of which may be, in particular, the application for annulment of the decision in the issue of an integrated permit.
4. In the event of the referral referred to in paragraph 1. 3, the Minister for the Environment shall enjoy the rights of the party in administrative proceedings and of the proceedings before the administrative court.
5. The subject referred to in art. 213 par. 1, shall transmit to the Minister responsible for the environment information which may give rise to the Minister of Action to eliminate irregularities in the issue of integrated licences.
Article 213. [ Register Request] 1. Execution of the tasks referred to in art. 206 paragraph 1 and Art. 212 para. 1 and 2, the minister responsible for the environment may instruct a natural or legal person who, on account of his/her competence, experience and equipment, will ensure that they are properly implemented.
2. The order referred to in paragraph. 1, shall be carried out in public procurement law mode, for the period from 5 to 8 years.
3. In establishing the terms of the tender for the performance of tasks, the minister shall take into account the requirements referred to in paragraph. 1, as well as the need to ensure that the selected security subject is entrusted and prepared in connection with the performance of tasks of documents and databases.
4. Information on the conclusion of the contract ordering the performance of the tasks, its denunciation or termination shall be published, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski" no later than 60 days before the due date respectively the entry into force of the contract, its termination or termination.
5. In the notice referred to in paragraph 1. 4, the following shall be reported:
1) the name and address of the natural person's residence or the name and address of the head office of the legal person with whom the contract was concluded;
2. the date on which the assigned task has commenced, or the date on which they are completed due to the termination of the contract or termination of the contract.
6. During the period of performance of the tasks by the entity referred to in paragraph. 1, the competent authority for the issue of an integrated licence shall provide a copy of the licence application and a copy of the licence issued to that body.
7. Within 30 days from the date of expiry or termination of the contract, the entity referred to in para. 1, shall be obliged to communicate to the Minister responsible for the environment of the environment entrusted and prepared in connection with the performance of the tasks of documents and databases.
8. The performance of the duties referred to in paragraph 1 7 shall be subject to enforcement in the enforcement proceedings in the administration.
Article 214. [ Notification of the competent authority to change the way the installation works] 1. Prior to making a change in an installation covered by an integrated permit, consisting of a change in the way the installation works or its extension, which may have an impact on the environment, the operator shall be informed of the planned changes to the authority competent to issue the licence or apply for an amendment to the integrated permit.
2. If the authority referred to in paragraph 1 1, determines that the planned change in the installation requires a change of certain conditions of the issued of an integrated permit, informs, within 30 days from the date of receipt of the information, the operator of the need to submit an application for a change of permit integrated. In such a case, the Authority shall determine whether the planned change is of a significant change.
3. The change in the installation is considered to be significant in particular when the increased scale of activity resulting from this change, in itself, would qualify it as an installation referred to in the provisions issued on the basis of art. 201 (1) 2.
(4) An application for amendment of an integrated licence shall contain the data referred to in Article 4. 184 and Art. 208, which is linked to the planned changes.
5. The decision to amend the integrated permit shall determine the requirements referred to in art. 188 and art. 211, related to planned changes.
Article 215. [ Analysis of conditions of the integrated permit] (1) The authority competent to issue the licence shall examine the conditions of the integrated licence as soon as it is published in the Official Journal of the European Union of the conclusions of BAT relating to the main activity of the installation concerned, but not later than the 6 months from the date of publication.
2. The authority competent to issue the licence shall inform the operator of the initiation of the analysis and, in the course of its conduct:
1. take into account all the BAT conclusions which have been published for a given type of installation in the Official Journal of the European Union since the issue of the authorisation or the last examination of the permit issued;
2) may request the operator to submit the information, in particular the results of the monitoring of the technological processes, necessary to conduct the analysis and enabling comparison of them with the best available techniques described in the relevant BAT conclusions and the emission volumes specified therein;
3. shall assess the appropriateness of the derogation provided for in Article 3. 204 par. 2.
3. The authority competent to issue the licence shall immediately submit the results of the analysis to the operator and, by means of electronic communication, the Minister for the Environment or the body referred to in Article 3 (1). 213 par. 1.
4. Where an analysis is made on the basis of a paragraph. 1 has demonstrated the need to amend the integrated permit, the authority competent to issue the licence without delay:
1. provide the operator with an indication of the need to adapt the installation, within a period of not more than 4 years from the date of publication in the Official Journal of the European Union of the conclusions of BAT, to the requirements set out in the BAT conclusions;
2. Calls on the operator to request a modification of the licence within one year from the date of service of the call, specifying the scope of the request in connection with the changes resulting from the analysis carried out.
5. In the decision to amend the permit issued at the request referred to in paragraph. The competent authority for issuing the licence shall set a period of no more than 4 years from the date of publication in the Official Journal of the European Union of the conclusions of BAT, the adaptation of the installation to the new requirements set out in that Decision.
6. By derogating from the derogation provided for in Article 204 par. The authority responsible for issuing the authorisation may set a later date for the adaptation of the installation to the new requirements.
7. In the decision on the restriction issued on the basis of art. 195 (1) Point 5 (1) shall apply mutatis mutandis. 5.
8. The application referred to in paragraph 1. Article 4 (2) does not apply the provisions of Article 4 (2 210.
Article 216. [ Analysis of integrated permit-other cases] 1. The authority competent to issue the licence shall also carry out an analysis of the integrated licence:
1) at least once every 5 years or
2. if the impact of the installation on the environment has changed to the extent necessary to amend the permit in part concerning the conditions or emissions of the installation concerned, or
3) if there has been a change in the best available techniques, allowing a significant reduction in the volume of the emissions without causing excessive costs, or this is due to the need to adjust the operation of the installation to the changes of the security regulations environment.
2. The provisions of Article 2 shall apply mutatis mutandis. 215 (1) 2 and 3.
3. Where the analysis has shown the need to amend the integrated permit, the authority competent to issue the licence shall invite the operator to request a change of the licence within 6 months from the day of the call, specifying the scope an application to be linked to the changes resulting from the analysis carried out.
4. The application referred to in paragraph 1. 3, the provisions of Article 3 shall not apply. 210.
Article 217. [ Issue of new integrated permit] 1. The competent authority for the issue of an integrated licence may, at the request of the operator or from the office with its consent, issue a new integrated licence to harmonise the text of the existing permit, taking into account all changes to be entered in that licence from the date of its issue.
2. In the licence referred to in paragraph 1. 1, the authority competent to issue the licence:
1) harmonise the text of the licence;
2) states that the expiry of the previous authorization has expired.
3. The authorisation referred to in paragraph 1 shall be issued. 1, the provisions of Article 1 shall not apply. 208, art. 210 and Art. 218.
Article 217a. [ Establishing the method and frequency of performing soil and soil pollution tests] 1. Establishing in the permit the integrated method and the frequency of carrying out tests of soil and soil contamination with substances causing risk and carrying out measurements of the content of these substances in groundwater, including sampling, of which Article 211 (1) The following shall be taken into account in point 4 of paragraph 6:
1. testing of soil and soil contamination shall be carried out at least once every 10 years,
2. measurements of the content of substances in groundwater, including sampling, shall be carried out at least once every 5 years
-unless such studies or measurements are based on a systematic risk assessment as referred to in Article 211 (1) 6 point 4.
2. The tests or measurements referred to in paragraph. 1, shall be carried out:
1) by the laboratory referred to in art. 147a ust. 1 point 1 or paragraph. 1a;
2) in such a way that they can be quantified in comparison with the results of the tests and measurements included in the initial report, if such a report for the installation is required.
3. The operator shall transmit the results of the tests or measurements to the authority competent to issue the licence within one month from the date of their implementation.
Article 217b. [ Final Report] 1. Prior to the completion of the operation of the installation for which the initial report was required, the operator shall draw up and submit to the competent authority the final report on the final state of soil contamination, land and groundwater on the premises of the establishment of the risk substances, hereinafter referred to as the 'final report'.
2. If the operator has not submitted a final report, in the cases referred to in Article 193 In accordance with Article 1 (1) (2), (5), (7) and (8), the competent authority for the decision determining the expiry of the integrated licence shall impose on the existing operator an initial report, the obligation to draw up and submit a report the final date of application of that obligation not exceeding 12 months from the date on which the expiry of the licence was established.
3. The final report shall contain:
1) information on the intended use of the site, if such information is available;
2. the names of the substances causing the risks which have been used, produced or released by the requiring integrated installation, located on the premises of the establishment;
3. information on soil, land and groundwater contamination at the premises of the establishment of substances which cause risks to be used, produced or released by the requiring integrated plant permit, located on the premises, including the results of the soil and soil contamination tests of these substances and the measurement of the content of those substances in groundwater, including sampling, carried out by the laboratory referred to in Article 147a ust. 1 point 1 or paragraph. 1a.
(4) The final report shall be drawn up in such a way as to make it possible to quantify the results of the tests and measurements in it with the results of the tests and measurements contained in the
Article 217c. [ The method of assessing the pollution of the earth] 1. Drawing up the initial report, performing the tests or measurements referred to in art. 211 (1) Article 6 (4), and the final report, in order to provide information on the pollution of substances causing soil, land and groundwater risks on site, assessment of the pollution of the earth is carried out in a manner that is not specified in the legislation issued on the basis of art. 101a (1) 5.
2. In the initial report, in the documentation of studies or measurements and in the final report referred to in paragraph 1. 1, information on pollution of substances causing the risk of soil, land and groundwater on the premises of the establishment shall be presented in the form of a text description, tabular summaries and maps indicating the extent of contamination.
Art. 217d. [ Transfer of copy of documents to the Regional Director of Environmental Protection] 1. If the authority competent to issue the permit has found contamination by the substances causing the risk of soil, land or groundwater on the premises of the establishment, it shall send a copy of the initial report, a copy of the results of the tests or measurements, of which Article 217a (b) 3, or a copy of the final report to the Regional Director of Environmental Protection.
2. Establishing in the remediation plan referred to in art. 101l par. 4 or Art. 101m (1) 2, or Art. 101o ust. 2 of the Act or Article 13 (1) 3 pt. 2 or art. 15 para. 2 pt. 3, or art. 17 para. 2a of the Act of 13 April 2007. to prevent and repair damage to the environment, the means of remediation on the site of the plant on which the plant is operated, requiring an integrated permit and the operation of which has been carried out by pollution, it may be taken into account that the removal of the pollutant shall be postponed until the operation of the plant is completed, if the operator demonstrates that this does not pose a significant risk to human health or the environment.
3. In the case referred to in paragraph. 2, as a means of conducting the remediation set in the remediation plan, shall be indicated:
1) planned actions to prevent or reduce further pollution, including actions to reduce or eliminate the emission of pollution or to remove the original source of pollution;
2. if need be-a way of reducing the spread of pollution;
3) the way of controlling pollution by periodic carrying out research of soil and soil contamination within a specified time.
(4) A new remediation plan shall be established on the basis of Article 4 (4) before the end of the operation of the installation requiring an integrated permit. 101l par. 4 or Art. 101m (1) 1 point 2, or art. 101o ust. 2 laws or articles. 13 (1) 3 pt. 2 or art. 15 para. 1 point 2, or art. 17 para. 2a of the Act of 13 April 2007. To prevent and repair damage to the environment, the aim of which is to bring the soil, land and groundwater on the premises to the state:
1. as specified in the initial report, if no soil, land or groundwater contamination has been detected in the initial report;
(2) which does not pose a significant risk to human health and the environment, if soil, land or groundwater contamination has been found in the initial report.
(5) In the decision setting out the new remediation plan, the expiry of a previous decision or part thereof to the extent of the establishment of the plant shall be determined.
Article 218. [ Participation of the public in the proceedings concerning the issue or amendment of an integrated permit] The administrative authority shall ensure that the public may participate, in accordance with the conditions and in accordance with the procedure laid down in the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in the protection of the environment and on environmental impact assessments, in the proceedings in which it is subject to:
1) issue of an integrated permit for a new installation;
2) the issuance of a decision concerning a substantial change of installation;
(3) the issue of an authorization with the derogation referred to in Article 4 (3). 204 par. 2, or its amendment to grant such a derogation;
4) the issue of the decision to amend the integrated permit resulting from the analysis referred to in art. (a) 1 point 2.
Article 219. [ Transboundary effects on the environment in the territory of another EU Member State] 1. If there is a possibility of a significant cross-border impact on the environment in the territory of another Member State of the European Union, in the case of a new or substantially amended installation requiring an integrated permit, the provisions of Chapter VI of the Act of 3 October 2008 shall apply accordingly. to provide information on the environment and its protection, public participation in environmental protection and on environmental impact assessments, including through the documentation referred to in Article 108 (1) Article 1 (1) of that Law is understood to mean that part of an application for an integrated licence will enable the State in whose territory the installation required to obtain such an authorisation may be affected by an assessment of a possible significant cross-border effect. environmental impacts.
2. The competent authority shall communicate to the State referred to in paragraph 1. 1, a decision granting new or modified as a result of a substantial change in the installation of an integrated permit, together with a justification containing in particular:
1) the results of the consultations held before the decision is taken and an explanation of how they are included in the decision
2) a list of BAT reference documents relevant to the installation or activity concerned;
3) how the permit conditions are determined, including emission limit values, for the best available techniques and the volume of the emissions specified in the BAT conclusions.
Chapter 5
Permits for the introduction of gases or particulates into the air
Article 220. [ Entry into the air of gases or dusts from the installation] 1. The entry into the air of gases or dusts from the installation requires a permit, subject to the paragraph. 2.
2. The Minister responsible for the environment will determine, by regulation, cases where the introduction of gases or dusts into the air from the installation does not require permission, taking into account the type and scale of the activities carried out in the installations and the types of and the quantities of gases or dusts introduced from the installation into the air.
3. If, in connection with the entry into force of the Regulation referred to in paragraph 1, 2, introduction of gases or dust into the air:
1) it will not require a permit, the permit issued on the basis of the existing provisions expires on the date of entry into force of this Regulation;
2) it will require a permit, and so far the authorization has not been required, it is the obligation to have the authorization arise after 6 months from the date of entry into force of this regulation.
Article 221. [ Application for a permit for the introduction of gases or dust into the air] 1. An application for a permit for the introduction of gases or dusts into the air, in addition to the information referred to in art. 184 (1) 2-4, should also include:
1) the working time of the sources of formation and places of introduction of gases or particulates into the air during the year;
2. the determination of the types and quantities of gases or particulates entering the air per unit of the raw material used, material, fuel or the product resulting from the product;
3) a description of the site within the range of fifty times the altitude of the highest place of injection of gases or dust into the air, taking into account areas protected under the provisions of the Nature Conservation Act and the Act of 17 June 1966. about health and health resorts [ 5] (Dz. U. Entry 150, of late. zm.) ;
4) determine aerodynamic roughness of the terrain;
5) the current state of air quality;
6. determination of meteorological conditions;
7) results of the calculation of the air quality state, taking into account the modelling methodologies referred to in art. 12, together with a graphical presentation of these results.
8) (repealed)
1a. (repealed)
2. The information in question:
1) in art. 184 (1) In the case of installations for which emission standards are set, also in the units in which they are expressed, the emission figures for gases or particulates entering the air, expressed in kg/h and in Mg/year, shall be included in point (10); standards;
2. in Art. 184 (1) Point 16, should indicate the location of the positions to measure emissions of gases or particulates entering the air, and the proposed scope, methodology and method of implementation of those measurements.
3. The Minister responsible for environmental matters shall determine the model of the application referred to in paragraph. 1, in the form of an electronic document within the meaning of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114 and 2016 items 352 and 1579).
Article 222. [ The level of the quantities of gases or particulates authorised for entering into the air] 1. In the absence of emission standards and permitted levels of substances in the air, the quantities of gases or particulates admitted to air shall be set at the non-transversive level:
(a) reference values for substances in the air,
(b) reference values of odoriferous substances in the air
2. The Minister of the Environment, in agreement with the Minister of Health, will determine, by way of regulation, the reference values for certain substances in the air.
3. In the Regulation referred to in paragraph. 2, they shall be determined:
1) the conditions under which reference values, such as temperature and pressure, are established;
(2) a numerical designation of a substance enabling it to be clearly identified;
3) the periods for which reference values are averaged;
4) differentiated levels of substances in the air for:
(a) the land area, excluding the areas of health protection,
(b) (repealed)
(c) areas of health protection;
5) reference methodologies for modelling of substance levels in the air.
4. In the Regulation referred to in paragraph. 2. may be fixed:
1) the duration of the reference value;
2. the conditions for recognising the reference value to be kept.
5. The Minister of Environmental Affairs, in consultation with the Minister responsible for Health, may determine, by regulation, the reference values of odoriferous substances in the air and the method of assessing the odoriferous air quality.
6. In the Regulation referred to in paragraph. 5, they shall be determined, differentiated according to the purpose or use of the site:
1) the reference values of odoriferous substances in the air;
2) permissible frequencies exceeding the reference value of odoriferous substances in the air;
3) the periods for which the average results of the measurement of odoriferous substances in the air are avered.
7. In the Regulation referred to in paragraph. 5. may be fixed:
1) the duration of the reference value of odoriferous substances in the air;
2) dependence of the reference value of odoriferous substances in the air or the permissible frequencies exceeding the reference value of odoriferous substances in the air from the quality of the odour;
(3) the types of installations for which the quantities of gases or particulates admitted to the air are determined, taking into account the reference values of the odoriferous substances in the air.
Article 224. [ Permit for the introduction of gases or dust into the air] 1. Permit the introduction of gases or dust into the air, in addition to the requirements referred to in art. 188, should specify:
1) the characteristics of the sites of gas or dust into the air;
2) the location of the positions to measure emissions of gases or dusts entering the air.
2. In the authorisation of the conditions referred to in Article 2, the conditions referred to in Article 4 shall be 188 par. 2. 2. the types and quantities of gases or dusts authorised to enter into the air shall be determined:
1) in mg/m 3 Flue-gases in the dry state at 273 K and 101,3 kPa or kg/h, or kg per unit of raw material, material, fuel or resulting product, for each source of origin and place of introduction of gases or dusts to air; where emission standards are set for an installation or a technical process or technical operation carried out in the installation, the emission limit value shall be expressed in the licence in the units in which the emission standards are expressed. standards;
2) in Mg/year-for the entire installation.
3. The emission shall not be specified in the licence for those types of gases or dusts which are introduced into the air from all the required permits to be installed on the premises of a single plant shall not give rise to 10% of the limit values. the levels of the substance in the air or 10% of the reference values averaged over an hour; in this case, the types of gases and particulates whose emissions are not determined shall be indicated in the licence.
3a. The provision of the paragraph. 3 shall not apply to the installation or technological process or technical operation carried out in the installations to which the provisions on emission standards for the introduction of gases and particulates into the air are applied.
4. If emission standards are set for the installation or technological process or technical operation carried out in the installation, it shall not be specified in the permit for the introduction of gases or dust into the air for this installation, process or operations of other types of gases or particulates than those covered by the standards; the authorisation shall indicate a derogation from the determination of emission conditions for other gases or particulates.
Article 225. [ Reduction of quantities entering the air of gases or dusts] 1. In an area where the air quality standards have been exceeded, designated in the assessment of the levels of the substance in the air referred to in art. 89, carried out by the provincial environmental protection inspector, issue of an authorisation for the introduction into the air of a substance for which the air quality standard has been exceeded, with the newly built installation or changed in a significant manner, it is possible if adequate reduction of the amount of this substance introduced into the air from other installations situated in the area of the municipality where the construction of a new installation is planned or if a substantial change in the installation is planned is ensured.
2. Reduction of the amount of the substance referred to in paragraph. 1, may include a reduction in the amount of the substance introduced into the air from the installation of combustion of solid fuels operated in the framework of the normal use of the environment by natural persons other than entrepreneurs, situated in the area of the municipality, in which is intended to build a new installation or to make a substantial change of the installation by means of the entity financing the construction of a new installation or a substantial change in the installation, permanent decommissioning of the combustion plant for solid fuels operated in the ordinary use of the environment by natural persons other than Entrepreneurs.
3. With the consent of the body conducting the compensatory proceedings, the reduction of the amount of the substance referred to in paragraph. 1 and 2, may be made in the area of the commune adjacent to the municipality in which the construction of a new installation is planned or a substantial change of the installation.
4. In the case referred to in paragraph. 2, confirmation of the reduction of the quantity of substances for which the air quality standard has been exceeded, introduced into the air from the combustion plant of solid fuels operated in the framework of the normal use of the environment by natural persons non-entrepreneurs, makes in the attestation of the mayor, mayor or president of the city. The certificate shall be issued at the request of the scheduler or the construction of a new installation or a substantial change of installation.
5. Total reduction of the amount of the substance referred to in paragraph. 1 and 2, it shall be at least 30% greater than the quantity of the substance permitted to be placed in the air from a newly built installation or from an installation as amended in a significant manner.
6. The issue of the licence referred to in paragraph 1. 1, it is possible if this does not increase the risk of human health.
Article 226. [ Compensation procedures] 1. Issue of the licence in the case referred to in art. 225 (1) 1, requires that the compensation procedure referred to in Article 1 is carried out. 227-229.
(2) The compensatory measures shall be carried out in accordance with the conditions laid down in Chapters 2 and 3, taking into account the changes resulting from this Chapter.
Article 227. [ Compensation participants] 1. In the compensation proceedings, the operator shall participate in other installations who have agreed to reduce the quantity of substances for which the air quality standard has been exceeded.
2. In the case referred to in art. 225 (1) 2, instead of natural persons who are not entrepreneurs who operate combustion plants in the ordinary course of use of the environment, which have agreed to the permanent decommissioning of such installations, the development of the compensatory proceedings shall be the part of the Vojt, the mayor or president of the city.
Article 228. [ Application for the initiation of a compensatory procedure] The application for the initiation of compensatory proceedings shall be accompanied by:
1) an application for authorization for the introduction of gases or dusts into the air;
2) the consent of the participants to the proceedings or individuals who are not entrepreneurs referred to in art. 225 (1) 2, for an appropriate reduction of the amount of substance entering the air, for which the air quality standard has been exceeded;
3) the settlement of the total quantity reduction of all the installations covered by the compensatory proceedings.
Article 229. [ Permissibility of permit for the introduction of gases or dusts from a newly built or modified installation] 1. The permit for the introduction into the air of gases or dusts from a newly built or altered installation shall be enforceable not earlier than on the day on which:
1. the decisions referred to in paragraph 1 shall be final. 2-in the case of other installations referred to in Article 225 (1) 1, are installations requiring authorisation;
2. the decisions referred to in paragraph 1 shall be final. 3-in the case of other installations referred to in Art. 225 (1) 1, there are installations which do not require a permit to be operated after a reduction in the amount of the substance introduced into the air, for which the air quality standard has been exceeded;
3) reduction of the amount of the substance will be confirmed by the mayor, the mayor or the president of the city in the certificate referred to in art. 225 (1) 4-in the case of other installations referred to in Article 225 (1) 1, are installations of combustion of solid fuels operated in the framework of the normal use of the environment by natural persons not being entrepreneurs;
4. there will be a permanent liquidation of the installation-in the case of other installations referred to in Art. 225 (1) 1, are different from those mentioned in point 3 installations which do not require permission, which will not be operated after the reduction of the amount of the substance entering the air, for which the air quality standard has been exceeded.
2. The authority competent to issue the licence shall withdraw or limit without compensation the authorization for the introduction of gases or particulates into the air or an integrated permit issued for other installations covered by the compensation proceedings which require the licences, to the extent that the participants in the proceedings have agreed.
3. The environmental authority shall issue the decision referred to in art. 154. 1, taking into account the reduction in the amount of the substance introduced into the air, for which the air quality standard has been exceeded, from other installations covered by the compensation proceedings which do not require a permit and which will be operated after this reduction shall be made; where another installation covered by a compensation procedure is an installation requiring notification, the decision shall be issued after the information referred to in Article is transmitted by the operator. 152 par. 6 point 1 (c), with the agreement of the participation in the compensatory proceedings.
4. The applicant and the authority issuing the licence for the installation of a newly built or changed material shall be informed immediately by:
1. the authorities competent to issue the decisions referred to in paragraph 1. 2 and 3-that these decisions have become final;
2) The mayor, mayor or president of the city-on the issue of the certificate referred to in art. 225 (1) 4;
(3) entities participating in the compensatory proceedings which have eliminated installations not requiring a permit, other than non-business natural persons, of the fact that there has been a reduction in the amount of the substance entering the air through the permanent decommissioning of the installation.
(5) If a decision on a licence issued as a result of a compensatory procedure shall not become enforceable within two years of its issue, the competent authority for issuing the authorization shall state the expiry of the decision.
Chapter 6
(repealed)
Chapter 7
(repealed)
CHAPTER IVA
National Register of Release and Transfer of Pollution
Art. 236a. [ Body conducting the National Register of Release and Transfer of Pollutants] 1. The National Register of Release and Transfer of Pollutants is established, hereinafter referred to as the 'National Register', which is part of the European Union for the Release and Transfer of Pollution, as referred to in Regulation (EC) No 166/2006 of the European Parliament and the Council of 18 January 2006. establishing a European Pollutant Release and Transfer Register and amending Council Directives 91 /689/EEC and 96 /61/EC (Dz. Urz. EU L 33 of 04.02.2006, p. 1), hereinafter referred to as "Regulation 166/2006".
2. The National Register is carried out by the Chief Inspector of Environmental Protection.
Article 236b. [ Report on exceeding threshold values for releases and transfers of pollutants and transfers of waste] 1. The operator of the installation, comprising at least one of the activities referred to in Annex I to Regulation 166/2006, shall, by 31 March of the year following the reporting year concerned, submit to the provincial inspector environmental protection report containing data on exceeding the applicable threshold values for the releases and transfers of pollutants and transfers of waste as set out in Regulation (EC) No 166/2006.
1a. In the case of the operator of the installation referred to in paragraph 1. 1, services related to the operation of installations to another entity, including the provision of services in the field of construction, demolition, repair of installations, cleaning of tanks or equipment and cleaning, maintenance and repairs, the recipient of the services the installation of the necessary information needed for drawing up the report referred to in paragraph 1. 1.
2. The Provincial Environmental Inspector shall assess the quality provided by the operators of the data installations, in particular in terms of their completeness, consistency and reliability.
3. The provincial environmental inspector shall transfer to the Chief Environmental Protection Inspector the data necessary for the creation of the National Register, by the deadline of 30 September of the year following the given reporting year.
4. (repealed)
5. The Minister responsible for the environment, guided by the need to ensure the completeness and transparency of information, will determine, by means of a regulation, the model of the report form referred to in paragraph. 1, and the form of submission and required techniques for the submission of this report.
Art. 236c. [ Report and report by the Chief Inspector of Environmental Protection] 1. The Chief Inspector of Environmental Protection shall submit to the European Commission a report, in accordance with the model set out in Annex III to Regulation (EC) No 166/2006, within 15 months after the end of the reporting year.
2. The Chief Inspector of Environmental Protection every 3 years shall provide the European Commission with the report referred to in art. 16 of Regulation 166/2006.
Art. 236d. [ Penalty of cash for the operator] 1. In the event of failure to comply with the obligation referred to in art. 236b. 1, the provincial environmental inspector imposes on the operator, by decision, a cash penalty of 10 000 PLN.
2. In the case of failure by the presenter to install the quality of the transmitted data in terms of their completeness, consistency or reliability of the voivodship of the environmental inspector imposes on the operator the installation, by decision, punishment A cash payment of 5000 PLN.
3. The monetary penalty shall be lodged within 14 days from the date on which the decision referred to in the paragraph is applied. 1 and 2, it became final.
4. In matters relating to the fines referred to in paragraph 1. 1 and 2, the provisions of Chapter III of the Act of 29 August 1997 shall apply accordingly. -Tax law, with the fact that the powers of the tax authorities are entitled to the provincial environmental protection officer.
CHAPTER V
Environmental reviews
Article 237. [ Obligation to draw up and submit an ecological review] Where circumstances suggest that the environmental installation may be adversely affected, the environmental protection authority may, by decision, require the operator to draw up an environmental operator for the purpose of drawing up and submission of an ecological review.
Article 238. [ Ecological overview of the installation] An environmental review of an installation, which is qualified as a project likely to have a significant impact on the environment within the meaning of the Act of 3 October 2008. on providing information about the environment and its protection, public participation in environmental protection and on environmental impact assessments, should include:
1. a description of:
(a) the type, size and location of the installation, together with information on its technical condition,
(b) the area of the area occupied or the construction site,
(c) type of technology
(d) existing in the vicinity of, or the direct impact of, the installation of residential and public services,
(e) existing in the neighbourhood or the direct impact of the installation of monuments protected under the provisions on the protection of monuments and the care of the monuments,
f) existing in the vicinity or the direct impact of the installation of the facilities and areas protected under the provisions of the Nature Conservation Act, the Act on forests, the Act-Water Law and the provisions of the Law on Health and Health spas;
2) the determination of the environmental impact of the installation, including in the event of a major industrial accident;
3) a description of the actions aimed at preventing and reducing the environmental impact;
4) comparison of the used technology with the technology meeting the requirements referred to in art. 143;
5) an indication of whether it is necessary for the installation to establish a restricted use area, determination of the boundaries of such area, restrictions on the purpose of the land use, technical requirements for construction works and ways of using of them;
6) a concise summary in the non-specific language of the information contained in the review;
7) the name of the person or persons drawing up the review.
Article 239. [ Decision on the ecological review] In the decision referred to in Article 237, the authority competent to issue it may:
1. limit the scope of the ecological review in question;
2) indicate the methods of research and studies.
Article 240. [ Determination of requirements necessary for the drawing up of the ecological review] If the possibility of negative environmental impacts is due to the operation of an installation which is not qualified as a project likely to have a significant effect on the environment within the meaning of the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in the protection of the environment and on environmental impact assessments, the competent authority for the imposition of an ecological review obligation determines which of the requirements mentioned in art. The 238 needs to be met by drawing up a review.
Article 241. [ Entities required to draw up an ecological review] 1. If the possibility of negative environmental impact results from the activities of a party using the environment other than the operation of the installation, art. 237, 239 points 2 and art. It shall apply mutatis mutandis.
(2) If an environmental review concerns a road, a railway line, a tram line, an airport or a port, the obligation to draw up a review shall be the responsibility of the managers of those facilities.
Article 241a. [ The obligation to provide a copy of the record map with the selected border of the area] Where a restricted use area is necessary for an installation, a copy of the standard map, certified by the competent authority, shall be attached to the ecological review with a marked boundary of the area where it is necessary to establish the area of use. It is a restricted use area.
Article 242. [ Delegation] 1. The Minister responsible for the environment may define, by means of a regulation, additional requirements to be fulfilled by the ecological review for particular types of installations.
2. In the Regulation referred to in paragraph. 1, specific requirements may be laid down for:
(1) the forms of review;
2) a range of issues that should be identified and assessed in the review;
3) the type of documents, the information of which should be included in the review.
TITLE IV
Major failures
SECTION I
General provisions
Article 243. [ Environmental protection against major accident] The protection of the environment against major accidents, hereinafter referred to as 'the malfunction', shall mean the prevention of events likely to cause a failure and the reduction of effects on humans and the environment.
Article 243a. [ Explanatory provision] Whenever the provisions of this Title are referred to in this Title:
(1) a domino effect-the potential impact of an installation or of plants which can be expected to be located more likely to increase or deepen its effects, in particular in view of the focus of its own the types and quantities of the dangerous substances stored, as well as the geographical location;
2. a stored dangerous substance, which is understood by the dangerous substance under the supervision of the plant or stored on its premises;
3. the launch of the plant or part of it shall mean that it shall be understood to mean that the plant or equipment in which the hazardous substance is present or may be present in the determining quantity, shall be placed in operation at the premises of the plant or equipment. an establishment for an establishment with an increased risk or a plant with a high risk of a major industrial accident;
4. the new establishment shall be understood to mean:
(a) an undertaking with an increased risk or undertaking with a high risk of a major industrial accident, running on 1 June 2015. or after that date,
(b) an establishment which is not a risk undertaking or an undertaking with a high risk of a major industrial accident or an establishment with an increased risk of a major industrial accident which, as from 1 June 2015, is a major industrial accident. or after that date becomes an undertaking with a high risk of a major industrial accident due to changes in installations or activities resulting in a change in the quantity or type of dangerous substances,
(c) an undertaking which is not a risk undertaking or an undertaking with a high risk of a major industrial accident or a plant with a high risk of a major industrial accident which, as from 1 June 2015, is a major industrial accident. or after that date, it shall become a plant with an increased risk of a major industrial accident due to changes in installations or activities resulting in a change in the quantity or type of dangerous substances;
(5) the establishment of another undertaking, which shall be understood by:
(a) an establishment which is not an undertaking of increased risk or an undertaking with a high risk of a major industrial accident which, for reasons other than those specified for the establishment of the new plant as of 1 June 2015, is not a plant. or after that date, it shall become an undertaking with increased risk or an undertaking with a high risk of a major industrial accident,
(b) a plant with an increased risk of a major industrial accident which, for reasons other than those specified for the new plant, is 1 June 2015. or after that date, it becomes an establishment with a high risk of a major industrial accident,
(c) a plant with a high risk of a major industrial accident which, for reasons other than those specified for the new plant, is 1 June 2015. or after that date, it shall become an establishment with an increased risk of a major industrial accident;
(6) a neighbouring establishment shall be understood by any establishment located at such a distance from another establishment which increases the likelihood and the consequences of the accident;
7) the risk-shall be understood by this spontaneous property of hazardous substances or physical conditions, which may cause adverse effects on human health or the environment;
8) the establishment of hazardous substances in the establishment-shall mean the actual or anticipated presence of hazardous substances in the establishment or hazardous substances which may arise during the loss of control of the processes, including storage, for each installation in the plant, in terms of the quantities determining the establishment of a plant to an undertaking with an increased risk or a plant with a high risk of serious industrial accident.
Article 244. [ Entities required to protect the environment from failures] The operator whose business may be the cause of the accident, the operator of the hazardous substances and the administrative authorities shall be obliged to protect the environment from failures.
Article 245. [ Proceedings in case of failure to observe a failure] 1. Anyone who notices the occurrence of a failure shall be obliged to inform immediately the persons in the danger zone and the organizational unit of the State Fire Service or the Police or the mayor, mayor or president of the city.
2. The bodies of the administration in the mode and on the principles laid down in the decree of 23 April 1953 with a view to combating natural disasters (Dz. U. Entry 93, with late. zm.) may introduce the obligation to provide personal and factual benefits in order to carry out activities for the protection of life and health of people and the environment from the consequences of the accident.
Article 246. [ Obligations of the wojewater in the event of a failure] 1. In the event of a failure of the wojewoda failure, through the commandant of the voivodship of the State Fire Service and the provincial environmental protection inspector, he will take action and apply the measures necessary to remove the failure and its effects, specifying in In particular, the related responsibilities of the administrations and the beneficiaries of the environment.
2. The voivodship shall inform the Marshal of the voivodship about the actions taken.
Article 247. [ Duties of the Voivodship Environmental Protection Officer in the event of a failure] 1. In the event of the occurrence of the failure of the voivodship the environmental officer may by decision:
1) to order appropriate studies to be carried out on the causes, the course and the consequences of the accident;
2) issue prohibitions or restrictions on the use of the environment.
2. The decision referred to in paragraph 2. 1, a rigor is suitable for immediate enforceability.
3. If the nature of the failure justifies the need for rapid action, and in particular where their omission could result in an increase in the risk of life or health of humans or a direct threat of deterioration of the environment in significant sizes, the decision can be announced orally, and the information about this logged.
4. At the request of the obliged decision, the orally declared shall be served in writing immediately, whenever possible; the application must be submitted within 7 days of the decision.
5. In the enforcement of the obligations arising from the decision referred to in paragraph. 1, the provincial environmental inspectorate shall have the power to enforce oral instructions within the limits set by the Act of 17 June 1966. on enforcement proceedings in the administration (Dz. U. of 2016 r. items 599, with late. zm.).
SECTION II
Legal instruments to counteract a major industrial accident
Chapter 1
General provisions
Article 248. [ The establishment of the risk of serious industrial accident] 1. The plant presenting the risk of a major industrial accident, hereinafter referred to as an "industrial accident", depending on the type, category and quantity of the hazardous substance located in the plant shall be considered to be an increased risk establishment the occurrence of a disaster, hereinafter referred to as a 'increased risk bet', or a facility with a high risk of accident, hereinafter referred to as a 'high-risk undertaking'.
2. To an establishment where the possibility of a dangerous substance may occur, or to an establishment in which the formation of that substance is possible during the industrial process, the provision of the paragraph. 1 shall be applied depending on the expected quantity of the dangerous substance likely to be found in the establishment.
2a. Provision of the paragraph 1 shall not apply to:
1) the cells and organizational units subordinate to, or supervised by, the Minister of National Defence;
(2) road, rail, inland waterway, sea or air transport of dangerous substances and the direct associated temporary storage of dangerous substances outside the premises, including loading and unloading and transport to and from docks, quays and suburbs;
3) exploration, recognition and extraction of copalin from deposits, with the exception of their storage and storage and the chemical and thermal processing of these copaline;
4) landfills and landfill and storage of waste, with the exception of hazardous wastes constituting dangerous substances as defined in the provisions issued under the mouth. 3 and related chemical and thermal processing operations of these wastes;
5) hazards caused by ionizing radiation generated by the substances;
6) exploration, recognition and extraction of copalin from deposits in marine areas;
7) storage of gas in underground sea facilities, covering both intended storage facilities and facilities, in which the exploration and operation of the copalin, including hydrocarbons, is also carried out;
(8) the transport of dangerous substances by pipelines, taking into account pumping plants, outside the establishments with increased risks or high-risk sites.
2b. In the case of the storage of metallic mercury in the form of waste for at least one year the provision of the mouth. Paragraph 2a (4) does not apply.
3. The Minister responsible for the economy shall determine, by means of a regulation, the types and quantities of dangerous substances present in the establishment, deciding on the establishment of a plant to a plant with increased risk or a high-risk plant, including:
1. the criteria for the eligibility of substances in the category of hazardous substances:
(a) for health,
(b) physical,
c) for the environment,
(d) other,
(2) the names and designations of the numerical substances of dangerous substances deciding whether the plant is to be taken to a plant with an increased risk or a high-risk plant.
-guided by the need to ensure the proper qualification of the establishments, in view of the risk of industrial accidents arising from them.
4. (repealed)
Chapter 2
Obligations of the operator presenting a risk of industrial accident
Article 249. [ Obligations relating to the establishment of an establishment presenting a risk of industrial accident] Anyone intending to drive or operate an establishment with an increased risk or a high risk shall be required to ensure that the undertaking is designed, constructed, operated and liquidated in a manner that prevents industrial accidents and restricts their effects on humans and the environment.
Article 250. [ Notification of the establishment to the competent authority of the State Fire Service] 1. The operator of an undertaking with an increased risk or a high risk shall be obliged to report the establishment to the competent authority of the State Fire Service.
2. The notification referred to in paragraph. 1, it shall contain the following data:
(1) the designation of the operator and the head of the establishment, their addresses of their residence or establishment; the head of the undertaking shall be understood to mean the person managing the undertaking on behalf of the operator;
2. the address of the establishment;
2a) the address of the establishment's website;
3) information on the legal title;
4) the nature of the operation or the planned operation of the plant or installation;
5) type of installation and existing security systems;
(6) the type and quantity of a dangerous substance, including the stored dangerous substance, taken into account when the plant is included in a plant with an increased risk or plant with a high risk, and the physicochemical, fire and toxic characteristics of those substances. substances;
7) the characteristics of the site in the immediate vicinity of the plant, with particular reference to the factors likely to contribute to increasing the risk of industrial accident or the deepening of its effects, including, if available-information concerning neighbouring establishments and facilities which are not undertakings with increased risk or undertakings with a high risk and areas and buildings which may be a source of risk or increase their risk or exacerbate the effects of industrial accidents or escalate domino effect.
3. The notification referred to in paragraph. 1, it shall be accompanied by a document confirming that the declarant is authorised to appear in legal order if the operator is not a natural person.
4. The operator of the plant shall be obliged to make the notification referred to in paragraph. 1, within the following time limits:
1) at least 30 days prior to the date of the establishment of the new or its part;
2. within one year from the date on which the establishment of another plant is credited to an undertaking with increased risk or a high risk undertaking.
5. Any significant change in the quantity or type of dangerous substance or its physico-chemical, fire and toxic characteristics, a change in technology or a production profile, and a change that could have serious consequences for the risk of failure, relation to the data contained in the notification referred to in paragraph 1. 1, shall be notified to the competent authority of the State Fire Service within at least 30 days prior to the date of its introduction.
6. (repealed)
(7) A significant change in the nature of the substance or its physicochemical, fire and toxic characteristics constitutes a change which involves the inclusion of a different category of dangerous substances in relation to the data presented in the notification.
8. The operator shall notify to the competent authority of the State Fire Service the time limit for the intended completion of the operation of the plant or closure of the plant at least 30 days before the date of its closure.
8a. The date of the expected change of the operator's designation or the operator of the plant shall be notified to the competent authority of the State Fire Service at least 30 days before the date of its introduction.
9. The notifications referred to in paragraph. 1, 5, 8 and 8a, the operator shall at the same time communicate to the voivodship the environmental officer.
Article 251. [ Program Failure Prevention] 1. The operator of an increased risk or a high-risk establishment shall draw up a programme of prevention of major industrial accidents, hereinafter referred to as the "programme of prevention of accidents".
2. The operator of an undertaking with increased risk or a high-risk establishment shall implement a programme to prevent accidents by means of a safety management system which guarantees an adequate level of protection for human and environmental protection, as a general element. the management system of the plant.
3. The program of prevention of accidents takes into account the risks of industrial accidents and the complexity of the organization in the plant.
4. The program of prevention of failures shall include:
1. the general objectives and principles of the operator's operation;
2) an indication of the tasks and responsibilities of the management of the plant, in the field of control of the risks of industrial accidents and of providing adequate to the risks of the level of protection of people and the environment;
3) determination of the likelihood of a threat of industrial accident;
4) the principle of preventing industrial failure in order to improve safety;
5. the rules for combating the effects of industrial accidents;
6) identify ways of reducing the effects of industrial accidents for humans and the environment in the event of its existence;
7) determine the frequency of analyses of the program of prevention of failures in order to assess its actuality and effectiveness.
5. The operator of an increased risk or a high-risk establishment shall submit a programme to prevent accidents to the competent authority of the State Fire Service and the provincial environmental protection officer within the following time limits:
1) at least 30 days prior to the date of the establishment of the new or its part;
(2) one year from the date on which the establishment of another plant is credited to an undertaking with increased risk or a high-risk undertaking.
6. The program of prevention shall be subject to change, if the need for change justifies the safety reasons arising from the change of the factual, scientific and technical progress or analysis of the arisen industrial accidents.
7. The program of prevention shall be subject, at least once every 5 years, to the analysis and the reasons for the changes.
(8) If the operator of an undertaking with an increased risk or a high-risk undertaking does not make the changes referred to in paragraph 1, the said paragraph shall be amended. 6 and 7, the competent authority of the State Fire Service is calling for a change to the program of prevention of failures, setting a deadline for making changes.
Article 252. [ Safety system] 1. The operator of an increased risk or risk undertaking shall be required to develop and implement a safety management system which guarantees an adequate level of protection of human and environmental protection, which is a general element of the the management system of the plant.
2. The safety management system shall take into account the risks of industrial accidents and the complexity of the organisation in the establishment and shall be based on a risk assessment.
3. The safety management system shall include the organisational structure, responsibilities, procedures, processes and resources necessary to identify and implement the accident prevention programme.
4. In the safety management system, account shall be taken of:
1) determine, at all levels of the organization, the duties of employees responsible for industrial accident activities, as well as measures taken to make the need for continuous improvement to be made aware;
2) determine the training programme and provide training for the employees referred to in point 1, and for other persons working in the establishment, including subcontractors;
3) the functioning of mechanisms enabling systematic analysis of risks of industrial failure and the likelihood of its occurrence;
4) instructions for the safe operation of the installation in which the dangerous substance is provided, intended for the normal operation of the installation, as well as the maintenance and temporary stopover of the movement;
5) instructions on how to proceed, if necessary, to make changes to the industrial process;
6. a systematic analysis of foreseeable situations likely to lead to industrial accidents;
7) carrying out, taking into account the best practices available, monitoring the functioning of the installation in which a dangerous substance is present, enabling corrective action to be taken in the event of occurrence of the phenomena constituting derogation from the normal operation of the installation, including those related to the use of the installation and corrosion of its components;
8. a systematic assessment of the accident prevention programme and of the safety management system from the point of view of their timeliness and effectiveness, with an indication of the way in which it is documented and approved;
9) an analysis of the internal emergency plan-in the case of a plant with a high risk.
Article 253. [ Security Report] 1. The operator of a high-risk establishment shall be required to draw up a safety report.
2. The safety report shall show that:
1. the operator of a high-risk establishment shall be prepared to apply a programme to prevent accidents and to combat industrial accidents;
2) the establishment meets the conditions for the implementation of the security system referred to in art. 252;
(3) the possibility of an industrial accident has been analysed and the measures necessary to prevent them have been taken;
(4) the safety rules and the proper design, execution and maintenance of installations, including storage facilities, equipment, transport, and infrastructure related to the performance of the risk of occurrence, have been maintained. failure;
5) an internal rescue and rescue plan was developed and provided to the voivodship of the State Fire Service to develop an external rescue and rescue plan;
6. it contains the necessary information for planning and zoning purposes.
3. The Minister responsible for economic affairs, in agreement with the Minister of the Environment, Minister for Internal Affairs and the Minister of National Defence, will determine, by means of a regulation, the requirements to which the report should correspond. the safety of a high-risk plant.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
1) form of drawing up the report;
2) a range of issues that should be identified and evaluated in the report;
3) the territorial scope of the report;
4) types of documents, the information from which should be included in the report.
Article 254. [ Deadline for submission of safety report] 1. The operator of a high-risk facility shall be obliged to submit a safety report to the voivodship of the State Fire Service and the provincial environmental protection inspector within the following time limits:
1) at least 30 days prior to the date of the establishment of the new or its part;
2) 2 years from the date of crediting the plant another to a plant with a high risk.
2. The operator of a high-risk establishment shall pay the fee for the approval of the safety report and the fee for approval of the changes to the safety report in accordance with the Act of 16 November 2006. of the tax charge (Dz. U. of 2016 r. items 1827).
Article 255. [ Start of a high-risk establishment] 1. The operator of an increased risk may start a plant or a part of it or make a change referred to in art. 258 (1) 1, after a positive opinion by the district commandant (city) of the State Fire Department of the program to prevent or change this program.
2. The operator of a high-risk establishment may launch a plant or part of it or make a change referred to in art. 257 ust. 1, after a positive opinion by the Commandant of the voivodship of the State Fire prevention program and the internal emergency plan or changes thereof, and after approval by this body of a safety or change report this report.
Article 256. [ Change Safety Report] 1. The operator of a high-risk establishment shall, at least every 5 years, analyse the safety report and make any reasonable changes to it.
2. The operator of a high-risk establishment shall amend the safety report if:
1. the need for change justifies the safety considerations arising from the change of actual state, scientific and technical progress or analysis of industrial accidents occurring, taking into account the industrial accidents that occurred in the establishment concerned, and, where applicable, events likely to lead to industrial failure;
2) this is due to the analysis of the implementation or the internal exercises or the external emergency plan.
3. If the operator of a high-risk establishment does not make the changes referred to in paragraph 1. 1 and 2, the commandant of the Provincial Fire Service, by decision, calls for a change of the safety report, setting the deadline for making changes and submitting a revised report or its amended part.
Article 257. [ The obligation to perform an analysis of the accident prevention programme, safety system and safety report] 1. Conducting a high-risk establishment, before making any changes to the plant, installation, including in stock, industrial process or changes of the nature, properties or quantities present in the establishment of hazardous substances likely to affect the the occurrence of a risk of industrial accident or the setting up of a plant to an undertaking with increased risk shall be required to carry out the analysis of the notification referred to in Article 250 par. 1, the emergency prevention programme, the safety management system, the safety report and the internal emergency plan and the implementation of the changes, if necessary.
2. Before making the changes referred to in paragraph. 1, the operator of a high-risk establishment, taking into account art. 255 (1) 2, is obliged to submit to the voivodship of the State Fire Service amended: notifications, accident prevention program, safety report and an internal emergency plan.
3. The operator of a high-risk establishment shall also transmit the revised notification, the accident prevention programme and the safety report referred to in paragraph 3. 2, to the voivodship to the provincial environmental inspector.
Article 258. [ Obligations of the operator with increased risk in connection with changes] 1. The operator of an undertaking with increased risk, before making any changes to the plant, installation, including in stock, industrial process or changes in the nature, characteristics or quantities present in the establishment of dangerous substances that may affect the the occurrence of a risk of industrial failure, or the setting up of a plant to a high-risk establishment, shall be obliged to carry out the analysis of the notification referred to in Article 250 par. 1, the emergency prevention programme and the safety management system and the implementation thereof, if necessary, of changes.
2. Before making the changes referred to in paragraph. 1, the operator of an undertaking with an increased risk, taking into account art. 255 (1) 1, is obliged to submit to the district chief (city) of the State Fire Service as amended: the notification and the program of prevention of accidents.
3. The operator of an increased risk shall also transmit the amended: notification and prevention programme referred to in paragraph 1. 2, to the voivodship to the provincial environmental inspector.
Article 259. [ Cooperation in the field of information] The operator of an increased risk, a high-risk establishment and a non-risk undertaking with a higher risk or a high-risk establishment, which is a neighbouring establishment, shall cooperate in mutual information on which factors may be involved in the operation of the undertaking concerned. contribute to increasing the risk of industrial accidents or deepening its effects, or to cause a domino effect.
Article 260. [ Operational plan for rescue] 1. An internal and external rescue plan shall be developed to prevent, combat and reduce the consequences of industrial accidents.
2. Operational and rescue plans shall include in particular:
1. establishment of measures to reduce the effects of industrial accidents on human beings and the environment;
2) proposals for methods and measures to protect people and the environment from the consequences of industrial failure;
3) information on the occurrence of the threats, the preventive measures taken and the actions that will be taken in the event of an industrial accident, presented to the public and the competent authorities of the State Fire Service, wojewoda, the provincial environmental officer, the Regional Environmental Protection Officer, the starost, the mayor, the mayor or the president of the city;
4) an indication of the ways of removing the effects of industrial failure and restoring the environment to the previous state, and, where this is not possible, ways of removing the risk to human health and the state of the environment;
(5) an indication of how to prevent the cross-border effects of industrial accidents.
3. Minister of Internal Affairs, in agreement with the Minister responsible for the economy, Minister for the Environment, Minister responsible for public administration and Minister of National Defence will determine, on the way the Regulation, the requirements to be met by internal and external emergency plans, guided by the need to ensure uniform rules for the planning of rescue operations.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
1) form of drawing up plans;
2) the range of issues that should be determined, assessed and established;
3) the territorial scope of the plans.
Article 261. [ Obligations of the operator with increased risk] 1. The operator of a high-risk establishment shall be obliged to:
(1) the development of an internal emergency plan and, in the event of a risk of industrial accident or of emergency, to accede without delay to its implementation;
2) to provide the voivodship of the State Fire Service to the information necessary for the development of an external emergency plan, taking into account the transboundary effects of industrial accidents;
3) to cover the costs of developing and amending the external emergency plan.
2. The operator of a high-risk facility shall be obliged to submit to the voivodship of the State Fire Service an internal emergency plan within the following time limits:
1) at least 30 days prior to the date of the establishment of the new or its part;
2) 2 years from the date of crediting the plant another to a plant with a high risk.
2a. The operator of a high-risk establishment is obliged to provide the voivodship of the State Fire Service of the information referred to in paragraph. 1 point 2, within the following deadlines:
1) at least 30 days prior to the date of the establishment of the new or its part;
2) 2 years from the date of crediting the plant another to a plant with a high risk.
3. The operator of a high-risk undertaking shall be obliged to carry out the analysis and exercise of the completion of the internal emergency plan at least once every 3 years, with a view to updating it and making any justified changes thereto; in particular Whereas account should be taken of the changes introduced in the installation, in the manner of the operation of the fire protection units, of the state of knowledge concerning the prevention, control and disposal of the effects of industrial accidents, as well as scientific and technical progress.
4. The presenter of a high-risk facility shall immediately notify the Commandant of the State Fire Service and the Provincial Environmental Protection Officer about the analysis of the internal emergency plan and the results thereof.
5. The operator of a high-risk establishment shall be obliged to:
1. providing information, at least once every 5 years, on security measures and how to deal with the occurrence of industrial accidents at the organisational units of the education and social assistance system, the medicinal entities and the facilities set out in the internal emergency plan of the establishment referred to in Article 4 (1) (a) (a) (1), 260 par. 1, and other bodies and institutions serving the public, which may be affected by the consequences of these failures, and the sharing of such information to the public and the neighbouring establishments;
2. verifying the information referred to in point 1, at least once every 3 years and, where necessary, of updating them, in particular in the event of making the changes referred to in art. 257 ust. 1.
6. The obligations laid down in the paragraph. 5 shall be implemented by:
1) making available information on the establishment's website;
2. the announcement of information at the premises of the establishment
3. the transfer of information to the mayor or to the mayor of the city competent due to the location of the establishment;
4) inform, in particular in writing or electronic form, the entities, entities and institutions referred to in paragraph. Article 5 (1), as regards the provision, publication and communication of information in the manner referred to in points 1 to 3.
7. Wójt, the mayor or president of the city after obtaining the information referred to in the mouth. In accordance with Article 5 (1), it shall be made public in a manner customarily adopted in the field in question.
8. The information referred to in paragraph. Article 5 (1), should be understood by the average recipient.
Art. 261a. [ Obligation to provide information to the public] 1. The operator of an undertaking with an increased risk or undertaking with a high risk shall be obliged to make public:
(1) the establishment of the operator;
2. confirmation that the plant is subject to industrial accident prevention regulations and that the operator has made the notification referred to in Article 3. 250 par. 1, to the competent authorities and provide them with a programme to prevent failures;
(3) the description of the establishment;
4. the characteristics of the storage of dangerous substances which are decisive for the establishment of a plant to an undertaking with an increased risk or an undertaking with a high risk, taking into account their names or categories and the risks they cause;
5) information on the ways of alerting and proceeding to the public in the event of an industrial accident, agreed with the competent authorities of the State Fire Service.
2. The operator of a high-risk establishment shall also make public the following:
1. information on the development and submission to the competent authorities of the safety report;
2) information on the main scenarios of industrial accident and the security measures to be taken in the event of a failure.
3. The information referred to in paragraph. 1 and 2:
1) make available on the website of the plant in a form comprehensible to the average recipient;
2. they are constantly available and in accordance with the facts.
Article 262. [ Entities participating in the drawing up of the emergency plan] A high-risk operator shall ensure the possibility of participation in proceedings to be carried out in the preparation of an internal emergency plan, staff members, in particular exposed directly to the consequences of an industrial accident, and acting as a social labour inspectors or trade union representatives responsible for occupational health and safety, and, where necessary, external bodies carrying out work on the premises.
Article 263. [ List of data of the type, category and quantity of dangerous substances present on the premises] A presenter of a high-risk facility is obliged to provide the provincial chief of the State Fire Service and the provincial environmental inspector of the list containing data on the type, category and quantity of dangerous substances located on the premises of the plant, and for the annual updating of the list, as at 31 December, by the end of January of the following year.
Article 264. [ Industrial failure] The operator of an establishment with increased risk or a high risk in the event of an industrial accident shall be obliged to:
1) the immediate notification of this fact to the competent authority of the State Fire Service and the provincial environmental protection supervisor;
2. to provide the authorities referred to in point 1 without delay to the information:
(a) the circumstances of industrial accident,
(b) hazardous substances associated with the industrial accident,
(c) making it possible to assess the effects of industrial accidents on humans, property and the environment,
(d) the rescue operations undertaken, as well as measures to reduce the effects of industrial accidents and to prevent a recurrence of the effects of the accident;
3. the constant updating of the information referred to in point 2, as appropriate to the change of situation.
Chapter 3
Responsibilities of administrative authorities relating to industrial accident
Art. 264a. [ Opinions of the program to prevent failures or change the program of prevention of failures] 1. The competent authority of the State Fire Service shall give an opinion on the program of prevention of accidents or changes to the program of prevention of accidents referred to in art. 251 (1) 6 and 7, art. 257 ust. 1 and Art. 258 (1) 1.
2. The program to prevent failures or changes to the accident prevention programme shall be deemed to have received a positive opinion if, within 30 days of their submission, the authority referred to in the paragraph is lodged with the competent authority. 1, shall not object to them by means of a decision.
Art. 264b. [ Approval or refusal to approve a security report or a security report change] Commandant of the State of the State Fire Service, by decision, after obtaining the opinion of the voivodship of the Environmental Protection Officer, approves or refuses to approve the safety report or the changes of the safety report referred to in art. 256 (1) 1 and 2 and art. 257 ust. 1.
Art. 264c. [ The opinion of the internal emergency plan or the revision of the internal emergency plan] 1. The Commander of the State of the State Fire Service gives an opinion of the internal emergency plan or changes of the internal emergency plan referred to in art. 257 ust. 1 and Art. 261 par. 3.
2. An internal emergency plan or an amendment to the internal emergency plan shall be deemed to have received a positive opinion if, within two months of the date of the submission of the plan, the authority referred to in paragraph 1 of this Article has been lodged. 1, shall not object to them by means of a decision.
Art. 264d. [ The establishment of a group of establishments which may result in a domino effect located on each other] 1. The Commander of the State of the State Fire Service, on the basis of the information provided by the operators in the notification referred to in art. 250 par. In the event of a decision, a group of establishments which may result in a domino effect shall be determined by a decision of the group of establishments to be located in relation to each other by decision to prevent the failure.
2. The composition of the group of establishments referred to in paragraph 2. 1, may enter into bets with increased risk, high-risk bets and non-wagered plants with increased risk or high-risk betting.
3. In the decision referred to in paragraph. 1, the commandant of the State Fire Service shall impose obligations on the operators:
1) the mutual exchange of information which will allow for the inclusion in the programme of prevention of accidents, safety reports and internal emergency plans for the increased likelihood of industrial failure or increase the effects of its occurrence;
2. to provide the information necessary for the drawing up of external emergency plans and for the development of information on the risks of industrial accidents in plants with increased risk or in high-risk and forecasted plants security measures;
3) cooperation in informing the public and neighbouring establishments.
4. In the case when the Commandant of the Provincial Fire Service has the information referred to in art. 250 par. Point 7 shall be made available to the operators of the establishments referred to in paragraph 2 (2). 1.
Article 265. [ External emergency plan] 1. The Commander of the State of the State Fire Service, on the basis of the information submitted by the operator with a high risk, shall draw up within 2 years from the date of the receipt of the necessary information referred to in art. 261 par. In accordance with Article 1 (2), an external emergency plan for an area which is exposed to the effects of an industrial accident outside a high-risk plant.
2. The Commander of the State of the State Fire Service may request the data necessary for the development of an external emergency plan from the provincial environmental protection officer, crisis management bodies, Police, medicinal entities and other entities for which tasks are provided for in this plan.
3. The amount of costs for the development and revision of the external rescue plan shall be as follows:
1) in the case of the development of an external emergency plan-as an amount equal to the average remuneration in the national economy in the calendar year preceding the year of the adoption of the external emergency plan, announced by the President of the Central Statistical Office on the basis of art. 20 pt. 1 lit. and the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887, 1948, 2036 and 2260 and from 2017 items 2 and 38);
2. in the case of a change in the external emergency plan, 50% of the amount referred to in point 1.
4. The costs referred to in the paragraph. 3, constitute the revenue of the voivodship fund as part of the State Support Fund of the State Fire Service, referred to in art. 19e of the Act of 24 August 1991. o State Fire Brigades (Dz. U. of 2016 r. items 603 and 960 and 2017 items 60).
5. An external emergency plan shall be subject to an opinion by the authorities and bodies referred to in paragraph 1. 2.
6. The Commander of the State of the State Fire Service shall ensure the possibility of public participation in the proceedings, the subject of which is the drawing up of an external emergency plan, on the basis and mode set out in the Act of 3 October 2008 providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
7. After conducting the proceedings requiring the participation of the public, the commandant of the State of the State Fire Service shall adopt an external emergency plan.
8. If the content of the external operational plan is necessary, the provisions of the paragraph shall be amended. 1, 2 and 5-7 shall apply mutatis mutandis.
9. The provincial of the State Fire Service shall be obliged to carry out the analysis and exercise of the implementation of the external emergency plan at least once every 3 years, in order to implement the necessary changes in it; in particular Whereas account should be taken of the changes made to the installation, in the manner of the operation of the fire protection units, of the state of knowledge concerning the prevention, control and disposal of the effects of industrial accidents, as well as scientific and technical progress.
10. The provisions of the Act of 24 August 1991 apply to the implementation of the external emergency plan. on fire protection (Dz. U. of 2016 r. items 191, 298, 904 and 2138 and from 2017 items 60).
Article 266. [ Implementation of the external emergency plan] 1. The Commander of the State of the State Fire Service in the event of a threat of industrial accident or its occurrence shall immediately proceed with the implementation of an external emergency plan.
2. The provincial chief of the State Fire Service may refrain from drawing up an external emergency plan, if the information provided by the operator and the safety report results in an unquestionable manner, that there is no risk of spreading the effects of industrial outages beyond the plant.
3. The deviation from the drawing up of the external emergency plan requires written justification in paper or electronic form.
Article 267. [ Providing information in BIP, delegation] 1. The competent authorities of the State Fire Service on its subject-matter pages in the Public Information Bulletin shall make available:
1) information about the approved safety reports or their changes;
2) information on accepted external emergency plans or changes thereof;
3. information on the submitted declarations of establishments referred to in art. 250 par. 1;
4) information on positively opinioned prevention programmes of major accidents;
5) information on the planning checks in the field;
6) information on the possibility of public participation in the proceedings, the subject of which is the drawing up of an external emergency plan-for 30 days before its adoption;
7) information on decisions issued on the basis of art. 267a ust. 2 and Article 264d ust. 1;
8) instructions to the residents in the event of a failure;
9. information on the inclusion in a publicly available list, updated annually, of a list of hazardous substances in high-risk establishments;
10) justification of the waiver from drawing up an external emergency plan.
2. The provincial commander of the State Fire Service, at least once every 3 years, shall analyse the documents containing the information referred to in the paragraph. 1 points 4-8 and art. 264d ust. Article 3 (2), as regards compliance with safety and actuality requirements and, where necessary, shall make appropriate changes to them.
3. The Minister responsible for internal affairs shall determine, by means of a regulation, the detailed scope of the information referred to in paragraph 1. 1, the form of their making available and the competent authorities of the State Fire Brigades required to make them available, guided by the need to provide the public with adequate access to information on threats of serious accidents and necessity harmonising the rules for making such information available to the public.
Art. 267a. [ Sharing information] 1. Information received by the competent authorities in connection with the performance of the duties referred to in art. 250 par. 1 and 9, art. 251 (1) 5, art. 254 para. 1 and Art. 261 par. 1 points 1 and 2 shall be made available on the basis and in accordance with the procedure laid down in the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
2. Where the operator of an undertaking with an increased risk or undertaking with a high risk, carrying out the obligations referred to in paragraph 2, is subject to the obligations referred to in paragraph 2. 1, has submitted the request referred to in art. 16 ust. 1 point 7 of the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in the protection of the environment and on environmental impact assessments, this request shall be deemed to be justified if, within 30 days of its receipt, the competent authority The State Fire Service, after having obtained the opinion of the provincial environmental inspector, will not raise objections to it, by decision.
3. The operator of an undertaking with an increased risk or undertaking with a high risk, following the recognition of the application referred to in paragraph 1. 2, as justified, shall submit without delay to the competent authority of the State Fire Service and the provincial environmental protection inspector, the information referred to in paragraph. 1, in the form of non-technical summary.
4. The competent authority of the State Fire Service or the provincial environmental inspector may make available all the information submitted to it in the case of:
1. a failure by the operator to apply the application referred to in paragraph 1. 2, or
2. non-submission of the summary referred to in paragraph 1. 3.
Article 268. [ Obligations of the authorities of the State Fire Service in the event of an industrial accident] The competent authorities of the State Fire Service shall, in the event of an industrial accident at a plant with increased risk or a high-risk facility, be required to:
1) to undertake the operational and rescue efforts in cooperation with the operator;
2) gather the information necessary to analyse industrial accidents and formulate recommendations to the operator;
3. to verify that the operator has taken all the necessary remedial measures;
4) develop recommendations for the future application of certain preventive measures;
5) to check whether the operator has implemented the recommendations of the competent authority of the State Fire Service.
Art. 268a. [ Obligation to inform on the occurrence of industrial failure] The public authorities and bodies listed in the external emergency plan, in the event of an industrial accident, shall be obliged to inform the public of the occurrence of the persons exposed to it.
Article 269. [ Control and reconnation operations carried out by the district commandant of the State Fire Service] 1. Control and recognition of compliance with industrial accident prevention rules covering all the activities, including field inspections, checks on the establishment of measures, systems and reports, and documents relating to follow-up, as well as activities not being controlled in the field, shall be carried out by the competent authority of the State Fire Service.
2. Control and reconnation operations in the field shall lead:
1) in a plant with an increased risk-the district commander (city) of the State Fire Service;
2) in a high-risk facility-the district chief (municipal) of the State Fire Service with the participation of persons authorized to control by the voivodship of the State Fire Department.
3. In the framework of the control and reconnation activities referred to in paragraph. 1 and 2, shall carry out planning inspections in the field:
1) at least once every 3 years-in establishments with an increased risk;
2) at least once a year-in establishments with a high risk.
4. Board checks in the area referred to in paragraph. 3, shall be carried out in accordance with the annual control plan, which shall take account of:
1) an overall assessment of significant safety issues;
(2) the area covered by the control plan;
3. the list of establishments referred to in Article 3. 269a (b) 3;
4. the list of groups of establishments referred to in Article 4. 264d ust. 1;
5) a list of establishments for which potential external hazards may increase the risk or deepening effects of an industrial accident;
(6) the procedures for carrying out the planned inspections, taking into account the development of planning programmes;
(7) the procedures for the conduct of post-scheduled checks;
8) provisions concerning joint control of the bodies referred to in art. 269a (b) 2.
5. The competent authority of the State Fire Service shall, on the basis of the annual control plan, draw up plans for control plans, covering the frequency of field inspections for establishments with increased risk and high-risk establishments.
6. The competent authority of the State Fire Service may depart from carrying out the planning control in the area referred to in the paragraph. 3, if from the agreed between the voivodship of the State Fire Service and the provincial environmental inspectorate of the list referred to in art. 269a (b) 3, it follows that the voivodship of the Environmental Protection Officer has planned the inspection of the concerned establishment included in that list.
7. Within six months from the date of completion of the inspection at the premises of an undertaking with increased risk or a high risk undertaking, which has shown a significant breach in respect of compliance with the provisions concerning the prevention of industrial failure, shall carry out are re-checked.
8. Irrespective of the planning inspections in the field referred to in paragraph. 3, post-schedule checks shall be carried out, with a view to examining complaints and requests for intervention as soon as possible, industrial accident and failure to comply with the rules on failure to comply with the rules on accident prevention. industrial.
Art. 269a. [ Inspections on the field of compliance with the provisions concerning the prevention of industrial accidents] (1) In the field of compliance with the rules on industrial accident prevention, checks shall be carried out in order to establish compliance with the safety requirements and, in particular, to determine whether:
1) measures have been taken to prevent the occurrence of industrial accidents;
2. adequate measures are provided to limit the effects of industrial accidents at the plant and beyond its borders, taking into account transboundary effects;
3) the data contained in the notification referred to in art. 250 par. 1, the emergency prevention programme, the safety report, the internal emergency plan and the information necessary for the development of an external emergency plan submitted to the competent authorities of the State Fire Service, shall be reliable and reflect the actual state of safety at the plant;
4. the information referred to in Article shall be provided to the public. 261a (1) 1 and 2.
2. The competent authorities of the State Fire Service and the voivodship of the Environmental Protection Officer may conduct joint inspections in the field in respect of compliance with the provisions concerning the counteract of industrial failure. In the case of joint control, a provision of Article shall not apply. 82 ust. First sentence of the Act of 2 July 2004. on the freedom of economic activity, unless a control by another control authority is carried out by an economic operator.
3. Commander of the State of the State Fire Service and the provincial environmental officer, by the deadline of 15 October of the year preceding the carrying out of the planned inspections of the plants with increased risk and high-risk establishments, draw up, in agreement, a list of controlled establishments.
4. In the case of planning by the authorities referred to in paragraph. 2, joint control of establishments with increased risk and high-risk establishments, the list referred to in paragraph 1 shall be amended. 3, it shall also include an indication of the authority which notifies the operator in writing of such control at least 7 days before the scheduled start of the check.
SECTION III
International cooperation
Article 270. [ The effects of an industrial accident with a cross-border scope] 1. The Commander of the State Fire Service, which, on the basis of information received from the operator of high risk, determines that the possible effects of industrial accident may have transboundary coverage, will immediately hand over the minister the relevant environmental issues, through the Commandant of the State Fire Service, relevant to the matter of information, and in particular the safety report and the internal and external emergency plan.
1a. Commander of the State of the State Fire Service, which, on the basis of information received from the operator of a high risk undertaking, determines that the plant does not cause the risk of industrial accident with a transboundary scope, immediately shall inform the Minister responsible for the environment, via the Head of the State Main Fire Service.
2. The Minister responsible for the environment, after obtaining the information referred to in paragraph. 1, immediately inform the State on whose territory the effects of industrial accident may occur, of the location of the facility with a high risk. The notification shall be accompanied by information on the safety report and the external emergency plan in part concerning cross-border threats.
2a. The Minister of the Environment after obtaining the information referred to in paragraph 2. It shall immediately inform the competent State thereof and inform it of the absence of an obligation to draw up an external emergency plan.
3. The Minister of the Environment, after obtaining information from the Commandant of the Main State Fire Service of the occurrence of industrial failure in the territory of the Republic of Poland, shall immediately notify the State on whose territory they may the consequences of this failure, and provide all relevant information for the matter.
Article 271. [ Rescue action for industrial accident with a cross-border scope] 1. The Minister competent for the environment after obtaining information on the occurrence of industrial failure outside the territory of the Republic of Poland, the effects of which may affect the territory of the Republic of Poland, shall immediately inform Komendanta about this The Main State Fire Department.
2. Commandant of the Main State Fire Service, in the situation referred to in paragraph. 1, immediately take the rescue action.
3. For the purposes of the claim against the entities responsible for the Chief of the State Fire Service, upon completion of the rescue operation, shall estimate the losses resulting from the cross-border impact of industrial failure on the environment and the cost of the rescue operation.
Article 271a. [ Obligations of the Minister responsible for the environment] 1. The Minister responsible for the environment shall inform the European Commission of:
1) failures, their consequences and the results of the analysis of these failures;
2) national countermeasures in the field of counter-accidents;
3. plants which may cause failures;
4. hazardous substances which may be considered as non-hazardous substances, together with the reasons for the accident.
2. The information referred to in paragraph. Article 1 (1) shall be transmitted no later than one year after the occurrence of the failure to notify the notification.
Article 271b. [ Main Inspector of Environmental Protection] The Chief Inspector of Environmental Protection is the competent authority to carry out the tasks of the Minister responsible for the environment in matters of countering serious accidents, cross-border consequences of industrial accidents and emergency pollution of water border.
Art. 271c. [ Coordination of the implementation of tasks related to international cooperation in cases of failure to deal with the failures] The Minister for the Environment shall coordinate the implementation of the tasks related to international cooperation in the field of counter-accidents.
TITLE V
Financial and legal measures
SECTION I
General provisions
Article 272. [ Financial and legal measures for environmental protection] The financial and environmental measures in question are, in particular:
1) fee for the use of the environment;
2. the administrative penalty payment;
3) differentiated rates of taxes and other public donations serving environmental objectives.
Article 273. [ Fee for Use of the Environment] 1. The fee for the use of the environment shall be borne by:
1) introduction of gases or dusts into the air;
1a) allocated emission allowances under the rules set out in the Act of 12 June 2015. about the scheme for greenhouse gas emission allowance trading (Dz. U. Entry 1223 and from 2016. items 266, 542, 1579 and 1948);
2) putting waste water into the waters or into the ground;
3) water intake;
4. storage of waste.
2. The administrative penalty payment shall be incurred for the breach or breach of the conditions of use of the environment, determined by the decision within the scope set out in the paragraph. 1, as well as in the area of waste storage and the emission of noise into the environment.
3. The provisions of the Act on the Conservation of Nature and the provisions of the Act-Geological and Mining Law and other Laws set out separate cases and rules for the payment of environmental charges and administrative fines.
4. The operator of the installation or aircraft operator, which accounted for the emission of greenhouse gases covered by the trading system of allowances, in accordance with the provisions of the Act of 12 June 2015. The greenhouse gas emission allowance trading scheme shall not be charged for the introduction of gases or particulates into the air, to the extent that emissions of these gases have been cleared.
Article 274. [ The amount of fees for the use of the environment and administrative fines] 1. The amount of fees for the use of the environment and administrative fines depends on the following:
1) the quantities and types of gases or particulates entering the air;
2) the quantity and quality of the water collected, and whether or not the surface water or the underground water has been taken, and from its intended use.
(1a) The fee for the use of the environment in the case of allocated emission allowances shall be the product of the number of emission allowances issued for the operator holding account or to the aircraft operator holding account in the Union Registry, o This is a matter of the 8 ust. 1 of the Act of 12 June 2015. o a system of greenhouse gas emission allowance trading, and the applicable rate of charge for the introduction of gases or dusts into the air in respect of the carbon dioxide emissions of the year for which the allowances are allocated.
2. The amount of the fee for the introduction of waste water depends, subject to the paragraph. 4, from the type of substances contained in the effluents and their quantities, the type of wastewater, and in the case of refrigeration waters-from the temperature of those waters.
3. The substances contained in the sewage shall also be understood as substances expressed as indicators referred to in art. 295 para. 1.
4. The amount of charge for wastewater treatment depends on:
(1) the size, type and use of the land from which these wastewater is discharged, in relation to the waste water referred to in Article 3 (1) (a) of the Regulation. 3 point 38 (c)
2. the nature of the substances contained in the sewage and their quantities, or on the production of fish other than salmonidae or other aquatic organisms, produced in fish farming or fish farming and other aquatic organisms, with regard to waste water, which are referred to in art. 3 point 38 lit. f i g.
5. The amount of the waste storage charge depends on the quantity and type of waste stored, except that the amount of the heightened fee also depends on the time of the landfill of the waste.
5a. The landfill of waste from which the waste of the same kind is placed, the basis for charging is the difference between the mass of waste placed on the landfill and the weight of the waste extracted from the landfill in a year. of a calendar; if the difference is a negative number, the value 0 is assumed.
6. The amount of the penalty depends on:
1. the quantity, the state and composition of the sewage, the percentage reduction of the concentrations of the substances in the sewage and the mass of the substances particularly harmful to the aquatic environment in the drained effluents attributable to the mass unit of the raw material used, material, fuel or the product being manufactured, in accordance with the conditions laid down in the licence;
2. the quantities and the type of storage or storage of waste and the time of storage or storage;
3) the time of day and the magnitude of the exceedance of the permissible sound level.
7. The composition of the sewage shall be understood by the concentration of the substances contained therein.
8. Through the state of wastewater it is understood the temperature, the readings, the level of artificial radioactive substances and the degree of dilution of effluent eliminating the toxic effects of wastewater on the fish.
Article 275. [ Entities required to incur environmental charges and administrative fines] The fees for the use of the environment and administrative fines shall be subject to the provisions of Article 4 (1) (a) of the Regulation. 284. 2, entities benefiting from the environment.
Article 276. [ Use of the environment without obtaining the required permission or other decision] 1. An operator using the environment without obtaining the required permit or another decision shall be borne by the fee increased for the use of the environment.
2. In the event of a use of the environment with a breach or a violation of the conditions specified in the permit or another decision, the operator using the environment shall bear, in addition to the fee, the administrative penalty payment.
Article 277. [ Receipts for fees and penalties] 1. Payment for the use of the environment operator using the environment shall be paid to the account of the Marshal's Office competent due to the place of use of the environment.
2. Fees for the introduction of gases or dusts into the air, resulting from the operation of the equipment, shall be lodged on the account of the Marshal's Office competent due to the place of registration of the operator using the environment.
3. Administrative fines of an entity using the environment shall be paid to the account of the provincial environmental inspector who has issued decisions on the subject of the punishment.
4. Proceeds of the fees and penalties constitute the revenues of the National Fund for Environmental Protection and Water Management, the voivodship funds of the environment and water management and the revenue of powiats ' budgets and the budgets of municipalities.
Article 278. [ Reports of the Marshal of the Voivodship and the Provincial Environmental Protection Officer] The Marshal of the voivodship and the voivodship of the environmental protection officer shall draw up reports on the execution of revenues and disgems referred to in art. 277, in accordance with the rules laid down in the separate provisions.
Article 279. [ Entities required to bear fees] 1. If the obligation to bear the charge is related to the operation of the installation, the entity is obliged to bear the charges for the following:
1) the emissions referred to in art. 180 points 1-3-is the operator of the installation;
2) water intake-is the user of the water device within the meaning of the Act of 18 July 2001. -Water law.
2. In the case of storage or storage of waste, the environmental operator, obliged to incur charges for the use of the environment and administrative fines, shall, subject to the paragraph. 3, the holder of the waste within the meaning of the provisions of the Waste Act.
3. If the waste has been transferred to an entity that has not obtained the required waste management permit, then the environmental operator, required to bear the environmental charges, is, subject to paragraph 4, the entity that transferred the waste.
4. If a natural person who is not an entrepreneur transfers waste to an entity which has not obtained the required waste management permit, an entity which uses the environment, which is obliged to pay fees for the use of the environment, is the party to whom the waste was transferred.
Article 280. [ Mixing of stored or stocked waste] (1) If the waste stored or stored is mixed, the type of waste for which the unit rate of charge is the highest, subject to paragraph, shall be taken as the basis of the fee for the use of the environment or of the administrative penalty. 2.
2. The provision of the paragraph. 1 shall not apply to those types of waste which may be stored in a non-selective manner on the basis of waste regulations.
Article 281. [ Apply Tax Ordinance] 1. The provisions of Chapter III of the Act of 29 August 1997 apply to the payment of the use of the environment and administrative fines. -Tax law, with the fact that the powers of the tax authorities are entitled to the Marshal of the State or the Provincial Inspectorate of Environmental Protection.
1a. The provisions of the Act of 29 August 1997 shall not apply for the use of environmental charges. -Tax law on the fixing of the prolongation fee.
2. To bear the fees referred to in art. 276 (1) 1, in the part in which they exceed the amount of the fee which the beneficiary of the environment would have borne in the event that he had a permit or another required decision, the provisions of the Act of 29 August 1997 do not apply. -Tax law relating to the postponement of the period of payment of the debt and of the arrears of outstanding liabilities and late payment, unless otherwise provided for in Chapter IV.
3. The provisions of the Act of 29 August 1997 shall not apply to the administrative penalty payments. -Tax law relating to the time limit for payment of the claim, postponement of that period, failure to establish the obligation, failure to collect the debt and the payment of arrears and default interest, unless the provisions of Chapter IV provide for otherwise, the term of payment of the administrative penalty shall be 14 days from the date on which the decision on the penalty dimension became final.
Article 282. [ Proceedings for the use of environmental charges and administrative fines] The procedure for the use of the environment and administrative fines shall be initiated ex officii or at the request of the operator of the environment to which the charge or penalty applies.
Article 283. [ Taxation rates and other public donations] 1. The rates of taxes and other public donations should be differentiated, taking into account objectives for environmental protection.
2. Rates of excise duty should be calculated in particular so as to ensure a lower market price:
1) unleaded petrol in relation to gasoline containing lead;
2. diesel and fuel oils with a lower sulphur content in relation to oils with a higher sulphur content;
3. diesel and lubricating oils, manufactured with the components obtained from the regeneration of used oils, in relation to the oils manufactured without the participation of those components;
4) biofuels based on the use of biomass, in particular arable crops, in relation to fuels from non-renewable sources.
SECTION II
Charges for the use of the environment
Chapter 1
Payment of fees
Article 284. [ Way of payment of the fee] 1. The beneficiary of the environment shall determine the amount of the fee due in its own right and shall bring it to the account of the relevant Marshal's Office.
2. Natural persons other than entrepreneurs shall pay for the use of the environment in so far as the use of the permit for the placing of a substance or energy into the environment and a water-law permit for the consumption of waters within the meaning of the provisions of the Act-Water Law.
Article 285. [ Fee Fixing] 1. The payment shall be determined at the rates applicable during the period during which the use of the environment took place.
2. The beneficiary of the environment shall pay the fee for the calendar year to 31 March of the following year.
(3) The operator of a flat fee for the discharge of sewage originating from the rearing or breeding of fish other than salmonidae or other aquatic organisms shall bring it into effect within 2 months following the end of the period referred to in Article 3 (1). 287 (1) 1 point 5.
4. Where waste is placed on a landfill in a given calendar year and the waste of the same type is extracted from it, an operator of the environment shall pay a fee by 31 March of the following year.
Art. 285a. [ Fee for the introduction of gases or dust into the air] The operator or aircraft operator, which did not account for the greenhouse gas emissions covered by the trading scheme, in accordance with the provisions of the Act of 12 June 2015. a scheme for greenhouse gas emission allowance trading, shall pay a fee for the introduction of gas or dust into the air for the emission of those gases in the calendar year concerned by 30 April of the following year or within 14 days of the date of the following the expiry of the maturity of the emissions referred to in Article 92 (1) 5 of this Act.
Article 286. [ List of information and data used to determine the amount of the fee] 1. An operator using the environment within the time limit referred to in art. 285 ust. 2 and 4, submit to the Marshal of the voivodship a list containing the information and data referred to in art. 287, used to determine the amount of the fees and the amount of these fees, subject to Article 289 par. 1.
The operator of the environment, draining the sewage from rearing or farming of fish other than salmonidae or other aquatic organisms, shall communicate the information until the end of the month following the end of the period referred to in Article 3 (2). 287 (1) 1 point 5, subject to Article 289 par. 1.
1b. List containing the information and data referred to in Article 287 (1) 1 pt 1 [ 6] -3, used to determine the amount of the fees, the Marshal of the voivodship shall immediately transfer to the provincial environmental protection inspector.
1c. The provisions of the Act of 17 June 1966 apply to the obligation on the use of environmental charges. of administrative enforcement proceedings if they result from a list of the amount of the fees due.
2. The list, on the basis of which the waste storage charges have been established, the Marshal of the voivodship shall transmit immediately to the mayor, the mayor or the president of the city competent due to the site of the landfill of the waste.
3. The Minister responsible for the environment will determine, by means of a regulation, the models of lists containing information and data on the use of the environment and the amount of the fees due and presentation of such information and data, taking into account In particular, the requirement that the list form should contain:
1) summary information on the extent of the introduction of gases or particulates into the air, the placing of waste water into the waters or into the ground, the collection of waters and the landfill of waste;
2) instructing that included in the list information on the amount of the fees due is the basis for the issue of the enforcing title.
4. In the Regulation referred to in paragraph. 3, they shall be determined:
1) the form of the list;
2) the content of the list;
3. the layout of the list;
4) the required techniques for the submission of the list.
Article 286a. [ Provincial Information Base on Environmental Use] 1. The Provincial Environmental Inspector, on the basis of the lists referred to in art. 286 ust. 1, the information referred to in art. 286 ust. 7, as well as information on the use of the environment contained in the decisions referred to in art. 288 para. 1, leads the voivodship information about the use of the environment within the scope indicated in art. 287 (1) 1 points 2 and 3 and draws up a report of the voivodship and passes it, through the Chief Environmental Protection Supervisor, the Minister responsible for environmental matters.
1a. In the voivodship report referred to in paragraph. 1, the voivodship of the environmental inspector shall take into account information on the volume of greenhouse gas emissions covered by the allowance trading scheme, specified in the verified emissions reports referred to in art. 80 par. 3 or Article 86 (1) 10 of the Act of 12 June 2015. about a scheme for greenhouse gas emission allowance trading, or final decisions determining the estimated emissions referred to in Article 87 (1) 5 and art. 88 ust. 2 of this Act.
2. The rules for the collection of information on storage of waste shall specify the provisions of the Waste Act.
3. The Voivodship database on the use of the environment is available to the Minister of the Environment and Minister responsible for the water management, the President of the National Board of Water Management, and for the competent due to the place of the use of the environment of the voivodship, the director of the regional management of water management, the Marshal of the voivodship, the starosty, the mayor, the mayor or the president of the city, the public statistics services, and the bodies of the State Sanitary Inspection.
3a. The access referred to in paragraph 1 shall be made. 3, is free of charge.
4. The Minister of Environmental Affairs will determine, by means of the regulation, the conditions and scope of access to the voivodship database on the use of the environment in the scope of data necessary to manage the environment, guided by the needs of the bodies, o referred to in paragraph 1: 3.
5. The Minister responsible for the environment will determine, by means of a regulation, the model of the voivodship report containing information on the scope of use of the environment and the way of its transmission.
6. In the Regulation referred to in paragraph. 5, they shall be determined:
1) the form of the report;
2) the contents of the report;
3) the layout of the report;
4) required techniques and timing of reporting.
7. The Minister of Environmental Affairs shall conduct a central database of information on the use of the environment in the scope of the introduction of gases and dust into the air, water collection and the introduction of wastewater into the waters or into the ground.
8. The Minister of Environmental Affairs, guided by the need to unify the data collection and processing system, will determine, by means of a regulation, the necessary range of information covered by the obligation of processing within the voivodship and the central the information bases referred to in paragraph 1. 1 and 7, and the way they are carried out.
Article 287. [ Records led by an operator using the environment] 1. An operator using the environment shall maintain, update every year, a record of the following:
1) (repealed)
2) information on the quantity and quality of the collected surface water and groundwater;
3) information on the quantity, state and composition of wastewater entering the waters or to the ground;
(4) information on the size, type and extent of land use from which the effluents referred to in Article 4 are discharged. 3 point 38 (c)
5. information on the size of the production of fish other than salmonidae or other aquatic organisms and the utilised area of the ponds exploited in the production cycle of the breeding or breeding facilities of those fish or of those organisms, for the period from 1 May of the year starting the cycle until 30 April of the year following the end of this production cycle.
2. The rules of keeping the records of waste shall be determined by the provisions of the Waste Act.
Article 288. [ Decision of the Marshal of the State on the fee for the use of the environment] 1. If an operator of the environment, being obliged to do so:
1) has not submitted a list containing information and data on the use of the environment and of the amount of the fees due, the list referred to in Article 3 (1) of the Regulation. 286 ust. 2-the Marshal of the voivodship shall pay the fee, by decision, on the basis of the own findings or the results of the audit of the provincial environmental protection inspector;
2) submitted a list containing information and data on the use of the environment and the amount of the fees due, but it posted information or data on the basis of the objections-the marshal of the voivodship of the covenant, by decision, on the basis of the own arrangements or the results of the inspection of the provincial environmental inspector, a fee equal to the difference between the levy due and the resulting list;
3) has not made the settlement of the volume of the issue referred to in art. 92 of the Act of 12 June 2015. o System of trading in greenhouse gas emission allowances-the Marshal of the voivodship will pay the fee, by decision, on the basis of the list of operators and aircraft operators, who have not fulfilled the obligation to settle the size emissions, provided by the National Balance-balancing and Emissions Management Centre, as referred to in Article 4 (1) of the Directive. 3 para. 1 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances.
2. Marshal of the voivodship shall make its own arrangements on the basis of:
(1) measurements made by administrative authorities or by an operator of the environment that is required to pay charges;
2) other technical and technological data.
3. Copy of the decision referred to in the paragraph. 1, containing information on the use of the environment by an entity within the scope indicated in Art. 287 (1) 1 pt 1 -3, the Marshal of the voivodship presents immediately to the provincial environmental protection inspector.
Article 289. [ Types of use of the environment excluded from the fee] (1) No fees shall be paid for those types of use of the environment from those listed in the Article. 273 (1) 1, whose annual contribution to the account of the Marshal's Office does not exceed PLN 800. Where the annual amount of the fee for each of the uses of the environment from among those listed in Article 273 (1) 1 shall not exceed 100 PLN, nor shall the lists and information referred to in Article be submitted. 286 ust. 1 and 1a.
2. The Sejmik of the voivodship may, by means of an act of local law, enact the increase of the amount referred to in the paragraph. 1, however, not more than up to 50%.
Chapter 2
Use of environmental charges
Article 290. [ Upper Unit Charge Rates] 1. [ 7] The upper unit charge rates shall be subject to the provisions of Article 4 (2). 291 (1) 1:
1) $273 for 1 kg of gases or particulates entering the air;
2) $175 for 1 kg of substances entering waters or into the ground;
3) $20 za 1 dam 3 Refrigeration waters;
4) $200 for placing 1 Mg of waste in a landfill;
5) $3 for the collection 1 m 3 groundwater;
6) 1.50 € 1 m for consumption 1 m 3 surface water;
7) $3 per 1 m 2 the area for one year from which the wastewater referred to in Article 3 point 38 (c)
8) $20 for each 100 kg increment started, the weight of the fish other than salmonidae or other aquatic organisms during the production cycle in the farming or breeding premises of those fish or those organisms, if the circumstances referred to in Article 1 apply. 3 point 38 lit. g.
2. The Council of Ministers, by means of regulations:
1) determine the unit rates of the fees referred to in paragraph. 1;
2) may vary the amount of fee rates depending on:
(a) the type of gases, dusts, wastes or substances in waste water and wastewater,
(b) waste water,
(c) the quality and the type of water collected and of its intended use,
(d) the parts of the country
(e) the manner in which the land may be managed in the case of the wastewater charges referred to in Article 3. 3 point 38 (c),
(f) type of fee
(g) the year of application of the
3. The Council of Ministers, by issuing the regulations referred to in the paragraph. 2, take into account:
1) the size of the water resources possible to be used in the individual basins and the cost of obtaining the waters from these resources, the availability of environmental resources, environmental protection requirements and the degree of degradation of individual areas and resources, resulting from the existing forms of use of the environment;
2) the nuisance of gases, dusts, substances or energy contained in wastewater and waste for the environment;
3) the need to ensure a special protection of the resources of groundwater and the waters of the lakes;
4) technical or technological capabilities and ecological or economic rationality of the recovery of waste.
4. (repealed)
Article 291. [ Methodology of charging rates] 1. Rates of charges, established in Art. 290 (1) 1 and determined on the basis of Article 290 (1) 2, for the previous year, shall be subject as of 1 January of each year of increase to the extent corresponding to the average annual price index of consumer goods and services announced by the President of the Central Statistical Office, in the form of a communication, in the form of a communication, Journal of the Republic of Poland "Monitor Polski".
2. The Minister of the Environment, not later than 31 October of each year, announces, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski", the amount of the toll rates for the following year, taking into account previous changes in the level of rates and the principle referred to in paragraph 1. 1.
Chapter 3
Heightened fees
Article 292. [ No permit as a raised-fee reason] In the absence of a required authorisation, the operator of the environment shall bear the charges increased by 500% for:
1) entering into the air of gases or dusts;
2) water intake or the introduction of wastewater into the waters or into the ground.
Article 293. [ Increase of the fee for the improper storage, storage and disposal of waste] 1. For the storage of waste without obtaining a decision approving the instructions for carrying out the landfill site, the operator using the environment shall bear, subject to the paragraph. 3-5, fees increased in the amount of 0.05 unit fee rate for placing the waste in the storage site for each day of storage.
2. The storage of waste without the required decision determining the manner and place of storage shall be treated as a storage of waste without the required decision approving the instruction to keep the storage site, subject to the paragraph. 3.
3. For the storage of waste in place for this purpose, a non-environmental operator shall be liable for a fee increased in the amount of 0,7 unit rate of charge for placing the waste on the storage site for each tonne of waste and per each day. backup.
4. In case of disposal of waste:
1) on the shores of water reservoirs, in particular in the protection zones of water bodies and in the areas of the outflow of water from aquifers,
2) in the area of national parks and nature reserves,
3) in forest or spa areas or in recreational and recreation areas
-the operator of the environment shall bear the charges increased at the rate of 1,0 unit of the fee for placing the waste in the storage site for each tonne of waste and for each day of storage.
5. An environmental operator in the event of the disposal of waste to inland surface waters and groundwater, marine internal waters or territorial sea waters shall be borne by the increased fee in the amount of 100-fold unit fee rate for placing the waste in a landfill.
6. The provisions of the paragraph. 3-5 shall apply mutatis mutandis where the storage of waste is prohibited under the Waste Act.
7. The raised payment shall be borne independently of the fee for placing the waste in the landfill.
Chapter 4
Special provisions on water charges, sewage and landfill charges
Article 294. [ Water consumption released from the fee] The following shall be exempt from the collection of water:
1) made for the purpose of water metastases;
2) for the purpose of water energy, subject to the return of the same quantity of water, at least not inferior quality;
3. for the surface area for the production of heat or electricity in a part corresponding to the quantity of the water discharged to the receiver, provided that the collection and discharge of the cooling water and the circulating waters chilling are in accordance with the permission;
4) for the operation of heat pumps and geothermia using groundwater energy, provided the return to groundwater of the same quantity of water at least not inferior quality;
4a) for the execution of drilling or seismic openings for seismic tests using a water-ploughed rinse;
5. for the purpose of rearing or farming of fish and other aquatic organisms, provided that the consumption and the recovery of the water used is in accordance with the permit;
(5a) for the irrigation of family gardens of parcels;
6. for irrigation of land waters of agricultural land and forest land;
7) derived from the dehydration of land, facilities or excavations of construction and mining plants.
Article 295. [ Charges for waste water entering the waters or into the ground] 1. The charges for the sewage entering the waters or to the ground shall be borne, subject to the paragraph. 3-6, for substances expressed as a flu-like index of biochemical oxygen demand, chemical oxygen demand, general suspension, sum of chlorides and sulfate ions. The amount of the fee shall be determined by taking into account the rate which causes the highest fee.
2. In the case of entering into the waters or to the land of industrial or municipal sewage other than the former, to the fee determined according to the rules referred to in paragraph. 1, the fee for other substances contained in the effluent shall be added.
3. The payment for the introduction of salted waters shall be borne by the sum of the ions of chlorides and sulphates.
4. The basis for determining the fee for entering wastewater into or into the ground is the amount of substances contained in the effluent less the amount of those substances contained in the collected water, the consumption of which caused the rise of these wastewater, if the operator the fee is required to bear the data in this respect.
4a. The payment for the wastewater referred to in Article 3 point 38 lit. f and g, shall be borne:
1. for substances expressed as a indicator of five-hour biochemical oxygen demand, chemical oxygen demand, and a general suspension, or
2. in the form of a flat-rate per 100 kg increase of the weight of the fish other than salmonidae or other aquatic organisms during the production cycle of the farming or breeding premises of those fish or those organisms, provided that the circumstances in which they are subject are maintained Article 3 point 38 lit. g.
5. Payment for the introduction of refrigeration waters shall be borne according to their temperature.
6. The payment for the sewage referred to in art. Point 38 (c) shall be borne in a flat form.
7. The quantity and composition of wastewater entering or into the ground shall be determined at the point of departure of the sewage from installations for their purification or of collectors operated by the environmental operators, except where the water is entered into refrigeration together with other types of wastewater the quantity and composition of the sewage shall be determined before mixing them.
Article 296. [ Fee Exemption] Free of charge is the introduction of:
1) to land-waste water for agricultural use, in the case of possession of a water-resistant permit for such use;
2. to water or to the earth, cooling waters and water from cooling circuits, if their temperature does not exceed + 26 °C or the natural temperature of water, where it is higher than + 26 °C;
3) to the waters or to the earth-salted waters, if the value of the sum of the ions of chlorides and sulphates in these waters does not exceed 500 mg/l
4. to the waters or to the earth, the waters used for the rearing and breeding of salmonid fish, provided that the quantity and the nature of the substances contained therein do not exceed the values laid down in the conditions of entry into the waters;
5. to the waters or to the earth, the waters used, discharged from the rearing and breeding facilities of fish other than salmonidae or other aquatic organisms, in so far as the production of these fish or of those organisms, understood as the average annual weight gain of those fish or of these fish For each period of the production cycle, the organism shall not exceed 1500 kg per hectare of the fish ponds of fish ponds of that facility in one year of the cycle.
Article 297. [ Disposal of waste disposal fee] The fee for the storage of waste shall be borne by the placing of the waste in the landfill, subject to art. 293 (1) 1 and 3-5.
Art. 297a. [ Exemption from waste disposal fee] 1. Released from a charge for the storage of waste is placing on a landfill of waste extracted from a landfill or a rap that does not meet the requirements of environmental protection.
2. The wastes referred to in paragraph 1, prior to placing them on a landfill of waste meeting the requirements of environmental protection, may be subjected to processes of biological, physical or chemical transformations.
SECTION III
Administrative fines
Chapter 1
Procedure for the exchange of the sentence
Article 298. [ Decision on the administration of the administrative penalty] 1. Administrative fines of the covenant, by decision, the voivodship of the environmental protection officer for:
1) the overrun specified in the permits referred to in Article 181 par. 1 (1) and (2), quantities or types of gases or particulates entering the air;
2. overrun specified in the permits referred to in Article 181 par. 1 (1) and (3), conditions for the amount of waste water, their condition, composition, minimum percentage reduction of the concentrations of the substance in the effluent and the mass of the substance in the drains discharged per unit of weight of the raw material used, material, fuel or the manufactured product;
3) the overrun specified in the permits referred to in art. 181 par. 1 point 1, and permits for water consumption, the amount of water collected;
4) violation of the terms of the decision approving the statement of the operation of the landfill site or the decision determining the location and method of storage of the waste, required by the provisions of the Waste Act, as to the type and means of storage or storage waste;
5) exceeding, specified in the decision on the permissible sound level or the licence referred to in art. 181 par. 1 point 1, noise levels.
2. (repealed)
Article 299. [ Statement of the overshoot or violation by the provincial Environmental Protection Supervisor] 1. The Provincial Environmental Inspector states the overrun or violation on the basis of:
1) inspections, and in particular, made during their measurement or by other means of proof;
2) measurements carried out by an operator using the environment, obliged to make such measurements.
2. The determination of the overrun or violation on the basis of the provincial control of the Environmental Protection Officer shall, within 21 days of the performance of the measurements, notify the operator using the environment, providing it with the results of the measurements.
Article 300. [ Decision setting the dimension of the running penalty] 1. Upon the finding of an overshoot or infringement, on the basis of the control referred to in Article 299 ust. 1 point 1, the provincial environmental inspector shall issue, subject to art. 307, the decision setting the dimension of the running penalty.
2. The dimension of the running penalty shall be determined, subject to the paragraph. 3, taking into account the overrun or the scale of the infringement.
3. For exceeding the quantity or type of gases or particulates entering the air, the size of the running penalty shall be determined, taking into account the overrun on a time scale.
4. In the decision setting the dimension of the running penalty, the following shall be defined:
(1) the magnitude of the observed overshoot or infringement on a daily or an hour scale;
2. the dimension of the running penalty;
3. the period from which the current penalty will be calculated, as the day or the full hour of the completion of the measurements, the sampling or other findings giving rise to the finding of the overrun or the infringement.
Article 301. [ Bleaching penalty] 1. The running penalty shall be calculated, subject to the paragraph. 2 and Article 304, until such time as it is established, under the conditions laid down in Article 4 299 ust. 1, changes in the magnitude of the overshoot or violation
2. The dimension of the running penalty may be changed at the request of the operator using the environment, containing:
1) the results of the measurements or a report of its own findings;
2. the time limit for carrying out measurements or making its own findings;
3) information on how to limit the exceedation or violation.
3. The application referred to in paragraph 1. 2, it should be submitted to the provincial environmental protection inspector within 30 days of making its own measurements or findings.
4. If the overrun has been established under the rules laid down in the Article 299 ust. 1 point 1, the measurements referred to in paragraph 1. 2 point 1, should be carried out in the places and in a manner consistent with the measurements made by the provincial environmental protection supervisor, which stated the overrun.
5. The Provincial Environmental Inspectorate shall determine, by decision, the dimension of the new running penalty, specifying the time limit for the calculation of the penalty from the full hour or a day from the date referred to in paragraph. Article 2 (2), if, within 30 days, it does not contest the validity of the application.
Article 302. [ The decision to impose a penalty] 1. The Provincial Environmental Inspector shall take, on the basis of final decisions determining the dimension of the running penalty, the decision to measure the sentence:
1. for the period to cease or breach, after having been established by the office or at the request of the operator of the environment, that the breach or breach has ceased, or
2. for the period up to 31 December of each year, if the breach or the infringement has not been remeded by that date.
2. In the event of submission of the application referred to in paragraph. Article 1 (1) shall apply mutatis mutandis. 301 (1) 2-5.
Article 303. [ Measuring the new height of the running penalty] If the voivodship of the environmental protection officer within 30 days from the date of the impact of the application referred to in art. 301 (1) 2 or Article 302 ust. In accordance with Article 1 (1), the Commission finds that the overrun or the breach is higher than that stated in the application, or that the breach has not ceased, the new amount of the penalty running from the age of day or the time at which the application was declared unfounded, at the same time increasing the amount of the penalty It shall be twice for a period of 60 days.
Article 304. [ Measuring the new dimension of the running penalty] If, by the date of the amendment of the rates for the use of the environment constituting the basis of the penalty, or until the date of the change in the rates of penalties referred to in Article 310 ust. 2 and Art. 311 (1) 2, the established overrun or breach has not ceased, the voivodship of the environmental inspector shall determine by decision a new dimension of the penalty running, applying the new rates from the date of their introduction.
Article 305. [ Measuring the penalty for exceeding the terms of use of the environment] 1. The Provincial Environmental Inspector finds that the environmental conditions are exceeded on the basis referred to in art. 299 ust. 1 point 2, if:
1) an entity using the environment shall carry out the required emission measurements;
(2) the conditions laid down in the Article are fulfilled. 147a.
2. The Provincial Environmental Inspector may not consider the results of the required emission measurements to be submitted to it, if these measurements are raised by the reservations.
(3) The results of the measurements carried out by an operator using the environment shall raise objections, if in particular:
1) it is clear that technical measures designed to prevent or limit emissions due to their type cannot ensure a reduction in the concentrations of the substances documented with those results;
2) the instruments used for the measurements do not meet the legal requirements of metrological control within the meaning of the Act of 11 May 2001. -Law on measures (Dz. U. of 2016 r. items 884 and 1948);
3. the sampling principle has not been complied with, so that the results of the analyses are not scientious for the determination of the emissions;
4) the requirements referred to in art were not fulfilled in the laboratory work. 12.
4. In the cases referred to in paragraph. 1, the voivodship of the environmental protection officer shall order the penalty for the overruns found in the calendar year, taking into account the changes in the rates of charges and penalties referred to in art. 304, during the period covered by the penalty.
Art. 305a. [ Non-measurement of emission measurements] 1. If an operator using the environment does not carry out the required measurements of the size of the emissions, continuous measurements shall not be carried out for the calendar year or the measurements shall raise objections:
1) exceeding the conditions of use of the environment specified in the permits referred to in art. 181 par. 1 points 1 and 2, or the decisions referred to in Article 298 para. Article 1 (4), or decisions on the permissible sound level, shall be determined by applying Article 4 (1) (a) 299-304;
2. It is understood that the conditions for the use of the environment for the introduction of wastewater into the waters or to the ground specified in the permits referred to in Article 181 par. For each of the measurements referred to in the introductory sentence, points 1 and 3 shall be exceeded:
(a) by 80% for the composition of the sewage,
(b) by 10%, in the case of a percentage reduction of the concentrations of the substances in the effluents,
(c) to the extent that the maximum penalty rate is applied, in the case of sewage,
(d) by 10%, in the case of sewage discharges.
2. Paragraph Recipe 1 shall apply mutatis mutandis if the conditions for the measurement referred to in Article 4 are not fulfilled. 147a, including sampling.
Article 306. [ Delegation] 1. The Minister responsible for the environment may determine, by means of a regulation, the detailed conditions for the extinction of penalties on the basis of continuous measurements.
2. In the Regulation referred to in paragraph. 1, may be fixed:
1. detailed conditions for the recognition of measurements to be continuous;
2. the means of determining exceedances on the basis of the results of continuous measurements in the range of:
(a) the introduction of gases or particulates into the air,
(b) the introduction of waste water into or into the ground,
(c) to emit noise into the environment.
3. In the Regulation referred to in paragraph. 1, ways to supplement the missing measurement results may be established.
Article 307. [ Kara for exceeding the amount of water collected] 1. The penalty for exceeding the amount of collected water of the voivodship of the environmental protection officer of the covenant, subject to the paragraph. 4, on the basis of an operator using an environment measuring the amount of water collected by means of instruments which meet the legal requirements of the metrological control within the meaning of the Act-Law on Measurement.
2. The excess shall be determined as the quantity of water collected in excess of the terms of the licence for the previous calendar year.
(3) If the quantity of water collected from one removal is exceeded by several permit conditions, the penalty shall be determined for the overrun, which shall result in the highest penalty.
4. If an operator using the environment does not carry out the measurements referred to in paragraph. 1, the maximum technical capacity of the installations or equipment to be used for the collection of water shall be considered to be exceeded, multiplied by the estimated time of their use.
Article 308. [ The amount of the sentence excluding the opening of proceedings] The provincial environmental inspector shall not initiate proceedings for the exchange of a penalty if the estimated amount of the penalty does not exceed 800 PLN.
Chapter 2
Penalties
Article 309. [ Kara for entering gases or dust into the air, water intake, storage of waste in violation of regulations] 1. The penalty shall be made in the amount of 10 times the unit rate of the fee:
1) for the introduction of gases or dusts into the air;
2) for the water intake.
2. For the storage of waste, in violation of the conditions relating to the type and means of storage of the waste, as defined in the decision approving the instruction to keep the landfill, or the storage of the waste in violation of the decision determining the place and the way the storage of the waste shall be subject to a penalty of 0,1 unit rate of charge for placing the waste in a storage site for each day of storage.
Article 310. [ Upper Unit Penalty Rates] 1. [ 8] The upper unit rates of penalties shall be subject to the provisions of Article 4 (1) 312:
1) $984 -per kg of substance, if the following is exceeded:
(a) the quantity and composition of the sewage, with the exception of a readily decaying suspension,
(b) a minimum percentage reduction of the concentrations of substances in waste water
(c) the permissible mass of the substance in the drained waste material per unit of weight of the raw material used, material, fuel or manufactured product;
1a) $10 -1 l of readily decaying suspension;
2) $10 -per 1 m 3 wastewater, in the case of exceeding the permitted temperature, the pH, the level of artificial radioactive substances or the acceptable degree of dilution of the effluent eliminating the toxic effects of sewage on fish.
2. The Council of Ministers shall determine by way of regulation:
1. the amount of the unit penalty rates for the overruns referred to in paragraph 1. 1;
2. the method of determining the penalty where the overrun concerns more than one substance or more than one condition of the permit, and if the number of samples not satisfying the requirements of the licence is greater than the limit of the limit value.
3. The Council of Ministers, by issuing the regulation referred to in the paragraph. 2, take into account:
1) the harmfulness of substances contained in wastewater for the aquatic environment;
2) the size of the overrun of conditions for the state of
Article 311. [ Kara for exceeding the permissible noise level of the environment] 1. The upper unit rate of the penalty for exceeding the permissible sound level of the penetrating into the environment shall be $48 [ 9] for 1 dB overrun, subject to art. 312.
2. The Council of Ministers shall, by regulation, determine the amount of the unit penalty rates for exceeding the permissible sound level.
3. The Council of Ministers, by issuing the regulation referred to in the paragraph. 2, take into account:
1) differentiation, depending on the size of the overrun, the unit penalty rate per 1 dB overshoot of the permissible sound level of the penetrating into the environment, for the following overrun sizes:
(a) 1 to 5 dB,
(b) greater than 5 to 10 dB,
(c) greater than 10 to 15 dB,
(d) over 15 dB;
2) the differentiation of the amount of the monetary penalty due to the time of the day or the time of night.
Article 312. [ Unit penalty rate] To the unit penalty rates referred to in Article 310 ust. 1 and 2 and Art. 311 (1) Articles 1 and 2 shall apply mutatis mutandis. 291.
Chapter 3
Specific provisions on penalties for the introduction of gases or particulates into the air, the introduction of waste water and the emission of noise
Article 313. [ Penalty for exceeding specified in the authorisation of the emission of gases or particulates] 1. The penalty for the overrun referred to in art. 298 para. 1 point 1 shall be made for any substance entering the air with exceeding the conditions laid down in the permit.
2. If the quantity or type of gases or dust specified in the licence has been exceeded at the same time as the source of their formation, the place of entry or the whole installation, the penalty shall be measured on the basis of measurements at the measuring positions, on the overrun is the highest.
Article 314. [ Kara for Sewage Overruns] 1. In the cases referred to in art. 299 ust. 1 point 1, exceedes:
1) the permissible composition of the sewage and the acceptable level of artificial radioactive substances in the effluent-shall be determined on the basis of the results of the analysis of the sample of effluent produced after the mixing of the three samples of the same volume, taken at intervals time not less than 30 minutes;
2. the permitted temperature and the permitted values of the effluent pH of the wastewater-shall be determined by taking the average of the overruns recorded as a result of three measurements, made at intervals of not less than 30 minutes;
(3) the quantity of waste water permitted-shall be determined on the basis of indications of the relevant measuring instruments during the period of time immediately preceding the inspection, and if the measurement of the amount of waste water is not carried out, on the basis of the quantity of water obtained or delivered during the period of time immediately preceding the inspection or other data.
2. The basis for the statement of the overrun of the penalty may be one measure if the placing of sewage into the waters or to the ground lasts for less than one hour.
3. The rules on the size of the overruns referred to in paragraph 3. 1 and 2, shall not apply in the case of continuous measurement of the quantity, state or composition of sewage.
4. Exceeding the quantity and composition of the sewage, the minimum percentage reduction of the concentrations of the substances in the effluents and the mass of the substance in the drains discharged per unit of weight of the raw material, material, fuel or manufactured product is expressed by the quantity of substances entering the waters or into the ground.
5. The excess of wastewater shall be expressed by the amount of wastewater entering the waters or into the ground.
6. If the overrun concerns the average daily and average monthly concentration of the substance in the effluent or the average daily weight and the average monthly mass of the substance per unit of weight of the raw material, material, fuel or the produced product, the penalty shall be made for these overruns on the concentrations and masses of the substances for which the unit penalty rates are higher.
Article 315. [ Punishment separately for the time of the day and time of night] 1. The barracks referred to in art. 298 para. 1 point 5, shall be separate for the time of the day and time of the night.
2. When determining the dimension of the penalty for exceeding the permissible noise level specified by the indicator LAeq D or LAeq N shall be assumed to exceed at the measuring point in which it has the highest value for the time of the day or time of night.
3. During the time of day and time of the night shall be understood the appropriate time intervals referred to in art. 112a (2).
Chapter 4
Fines for weaknesses in the preparation and implementation of air defence programmes and short-term action plans
Art. 315a. [ Penalty for failure to meet time limits for air defence programmes and short term action plans] 1. In the case of:
1) when the controlled organ does not implement the post-control recommendations referred to in art. 96a (a) 3, in terms of its compliance with the deadline for the adoption of air protection programmes and short-term action plans,
2) failure to meet the statutory deadline for the enactment of air protection programmes and short-term action plans,
3) failure to meet the deadlines for carrying out the tasks set out in the air defence programmes and short-term action plans
-the Responsible Authority is subject to a penalty payment of between PLN 10 000 and 500 000 PLN.
2. The monetary penalty, by decision, the state of the voivodship of the environmental inspector, taking into account the number and gravity of the identified deficiencies and breached by the body of duties.
Art. 315b. [ Deadline for payment of monetary penalty] 1. From the decision on the payment of the monetary penalty referred to in art. 315a, there is a reference to the Chief Inspector of Environmental Protection.
2. The cash penalty shall be paid to the bank account of the National Fund for Environmental Protection and Water Management within 7 days from the date on which the decision on its extinction became final.
3. The money penalty shall be subject to compulsory collection in accordance with the rules on enforcement proceedings in the administration.
Art. 315c. [ Application of the provisions of the Act-Tax Ordinance] The provisions of Chapter III of the Act of 29 August 1997 apply to fines. -Tax law, with the fact that the powers of the tax authorities are entitled to the provincial environmental protection officer.
Chapter 5
Specific provisions on penalties for failure to comply with the conditions for recognising the maximum emission of substances from the combustion sources of fuels referred to in the provisions adopted on the basis of the Article. 146h
Art. 315d. [ Sanctions for failure to obtain maximum emission of substances] If the maximum emissions of the substances referred to in Article are not being received. 146h point 2, taking into account the conditions for recognising them as being complied with, referred to in art. 146h (4), the operator of the installation referred to in Article 146g, shall be liable to administrative fines.
Art. 315e. [ The penalty and the amount of the penalty] The penalty referred to in Article 315d, the covenant, by decision, the provincial environmental inspector, taking into account any input into the air the amount of substances exceeding the maximum emissions of the substance, determined for the source of combustion of fuels in the regulations issued on Article 1 146h point 2, with the unit penalty rate of 15 PLN for each kilogram of substances.
SECTION IV
Posturing, reducing and mortifying the increased charge for the use of the environment and administrative fines
Article 316. [ Authority competent for the payment of the time limit for payment of the fee for the use of the environment] The competent authority for the purposes of the payment of the time limit for payment of the fee for the use of the environment referred to in Article 276 (1) 1, as well as its reduction and mortification is the marshal of the voivodship, and in the cases of administrative fines-the voivodship of the environmental protection officer.
Article 317. [ Deferral of payment for the use of the environment and payment of the administrative penalty payment] 1. The term of payment of the fee for the use of the environment and of the administrative penalty payment shall be postpone at the request of the beneficiary of the environment obliged to pay them, if he pursues a timely undertaking, the execution of which ensure that the reasons for the increased fees or penalties are removed for a period of not more than five years from the date of submission of the application.
1a. The term of payment of the fee for the use of the environment and of the administrative penalty payment shall also be deducted at the request of the beneficiary of the environment obliged to pay them, if the undertaking whose execution will ensure the removal of the reasons for the increase in fees or penalties are included in the national municipal waste water treatment programme referred to in Article 4 (1) of the Regulation. 43 par. 3 of the Act of 18 July 2001. -Water law, and will be implemented by 31 December 2018.
2. Payment of the payment deadline may apply, subject to the paragraph. 3, parts or the whole of the fee or penalty.
(3) The payment may be made at most in the part in which it exceeds the amount of the fee which the beneficiary of the environment would have had in the event that he or she had the licence or other required decision.
4. The payment deadline may be deferred only for the period necessary for the realisation of the undertaking referred to in paragraph 1. 1 or 1a.
Article 318. [ Application for deferral of payment of the fee or penalty] 1. An application for deferral of the payment deadline of the fee or penalty should be submitted to the competent authority before the expiry of the time limit within which they should be paid.
2. The application for deferral of the payment deadline shall not exempt from the obligation to pay them in the part in which they may not be deferred.
3. The application shall contain:
1) an indication of the amount of the fee or penalty, of which the deferral of the payment deadline is the party;
2) a description of the project;
2a) (repealed)
3) a timetable for the implementation of the project, with an indication of the stages not longer than 6 months.
3a. In the case of the projects referred to in Article 4 (1), 317 ust. 1a, the proposal should also include an indication that the project is included in the national municipal wastewater treatment programme.
(4) If there are reservations about the possibility for the applicant to finance the projects planned, the competent authority may request further evidence of the possibility of financing the project.
5. The decision to postpone the deadline for payment of fees or penalties shall specify:
1) the fee or penalty, the date of which payment has been postponed, and its amount;
2) implemented by the applicant undertaking;
3) schedule of the implementation of the project
4) the date of the deferral of the fee or penalty.
(6) The competent authority shall, by decision, refuse to postpone the time limit for payment of the fee or penalty if the conditions for deferment laid down by the law are not fulfilled.
6a. The body responsible for examining the application shall send a copy of the decision of the decision on the time limit for payment of the fee or penalty to the appropriate district or communes whose income concerns the deferral.
7. In the case of the application referred to in paragraph. 1, the interest on arrears shall be calculated on the basis of the provisions of Chapter III of the Act-Tax Ordinance.
Art. 318a. [ Information on the course of implementation of projects] In the case of the projects referred to in Article 317 ust. 1a, an operator of the environment shall be required to submit to the competent authority, at least once every six months, information on the progress of the project.
Article 319. [ Waiver Of Deferred Charges or penalties] (1) Where the timely completion of a project on the basis of a deferral of payment has removed the reasons for the payment of the fees and penalties, the competent authority shall, by decision, decide to reduce, subject to paragraph (a), the decision to make a decision. 3 and 3a, deferred charges or penalties of the sum of own resources spent on the implementation of the project; if the deferral is for a project to carry out the tasks of its own municipality, the own resources shall also include the appropriations from the budget municipalities.
2. In the case referred to in paragraph. 1, the provisions of Section III of the Act-Tax Ordinance relating to the Prolongation Charge shall apply to the amounts remaining to be paid.
3. If the deferral was subject to a fee or penalty imposed in connection with the storage or storage of the waste without obtaining a decision approving the instructions for the operation of the landfill site or without a decision determining the place and the manner of storage In the event of a timely completion of a project, the competent authority shall, by decision, decide whether or not to waive deferred charges or penalties if the decision is exceeded.
3a. If the deferral was paid in connection with the introduction of wastewater into or into the ground without the required water-law permit for the placing of sewage into or into the ground, in the event of a timely execution of the project serving to carry out tasks its own municipalities in the scope of sewage and urban wastewater treatment, the competent authority shall, by decision, declare a waiver of deferred charges.
(4) Where the timely completion of a project on the basis of a deferral of payment has not remedied the reasons for the payment of fees or penalties, the competent authority shall, by decision, give a decision on the payment of deferred charges or penalties, including payment of a fee. the prolongation referred to in the provisions of Chapter III of the Act-Tax Ordinance.
5. The provisions of the paragraph. 1-3 shall apply mutatis mutandis where the undertaking, the execution of which has ensured the removal of the reasons for the penalty, has been carried out prior to the issuance by the provincial environmental protection officer, a decision imposing an administrative penalty (2)
6. Issue by the provincial environmental officer of the decision of the decision to reduce or remission the punishment, in the situation referred to in the paragraph. 5, requires the submission of an application to the provincial environmental protection inspector, before the expiry of the time limit in which it is to be paid.
7. The provisions of the paragraph. 5 and 6 shall apply mutatis mutandis to the posturing of the term of the levy for the use of the environment.
Article 320. [ Obligation to pay deferred charges or penalties including interest] 1. If the basis for deferral of payment is not completed by the deadline, the competent authority shall, by decision, state the obligation to pay deferred fees or penalties, together with the provisions of Chapter III of the Act-Ordynacja a tax interest on late payment for the period of deferral.
2. The competent authority may issue a decision as referred to in paragraph 2. 1, also before the expiry of the period of deferral, if it is established that the basis for the deferral is not carried out in accordance with the timetable.
Article 321. [ Apply Tax Ordinance] In the event of a postponement of payment of the fees or penalties, the provisions of the Act-Tax Ordinance on the interruption of the limitation period for the period of limitation of entitlements shall apply accordingly.
TITLE VI
Responsibility in environmental protection
SECTION I
Civil liability
Article 322. [ Application of provisions of the Civil Code] The provisions of the Civil Code shall apply to liability for damage caused by environmental impact, if the Act does not provide otherwise.
Article 323. [ Claim to the entity responsible for the threat or breach of environmental protection] 1. Anyone who, by wrongful influence on the environment directly threatens or has been caused damage to the damage, may request the entity responsible for that threat or the breach of the restoration of the lawfully lawful and taking measures prevention, in particular by installing the installation or protective devices against a hazard or a violation; where this is not possible or excessively difficult, it may request the cessation of the activity causing this hazard or a violation.
2. If the threat or violation concerns the environment as a common good, with the claim referred to in the paragraph. 1, the State Treasury, the local government unit, as well as the environmental organization can occur.
Article 324. [ Injury caused by an undertaking with an increased risk] In the event of an injury being caused by an undertaking with an increased risk or a high risk of art. 435 § 1 of the Civil Code shall apply regardless of whether or not this plant is put into motion by means of natural forces.
Article 325. [ Liability for damage caused by environmental impact] Liability for damage caused by an environmental impact does not exclude the fact that the damage caused by the damage is carried out on the basis of the decision and within its limits.
Article 326. [ Claim for Return of Investments] The person who has fixed the damage in the environment shall be entitled to a claim for reimbursement of the expenses incurred for that purpose, with the amount of the claim being limited in this case to the incurred reasonable costs of reinstating the situation. previous.
Article 327. [ Claim-Related Additional Permissions] 1. Everyone who is entitled to the claims referred to in the provisions of this chapter, together with the introduction of the action may require that the court require the person, the activity of which shall be bound by the claim, to provide the information necessary to establish the scope of this responsibility.
2. The costs of the preparation of the information shall be borne by the defendant, unless the action has proved unfounded.
Article 328. [ Rights of environmental organisations] Environmental organisations may apply to the court with a claim for a cessation of advertising or other kind of promotion of goods or services, if the advertisement or other type of promotion conflicts with the art. 80.
SECTION II
Criminal liability
Article 329. [ Violation of state environmental monitoring] Who, by being obliged to do so on the basis of art. 28, does not collect, process data and does not provide information free of charge for the purposes of the state monitoring of the environment,
shall be punishable by
Article 330. [ Violation of provisions related to the conduct of construction works] Who, against the pregnancy on it, is based on art. 75, the obligation in the course of construction works does not provide protection of the environment in the area of conducting works,
shall be punishable by
Article 331. [ Violation of requirements for a newly built or reconstructed building object, an object assembly or an installation] Who, being obliged on the basis of art. 76 (1) 4, does not inform the Voivodship Environmental Inspector about the planned date of the devotion to the use of a construction object, a team of facilities or installation or a deadline for the completion of the installation,
shall be punishable by
Article 332. [ Violation of the provisions on the short-term action plan] Who does not comply with the restrictions, orders or prohibitions, specified in the resolution of the state purse seismite adopted on the basis of art. 92 (1) 1c,
shall be punishable by
Art. 332a. [ Violation of advertising and promotion regulations] 1. Who, by advertising or otherwise promoting the product, violates the requirements set out in art. 80a ust. 1,
shall be punishable by
2. The same penalty shall be subject to, who does not include in the advertisement or promotional material the information required under the art. 80a ust. 2.
Article 333. [ Violation of provisions concerning the conduct of measurements of substance levels in the air] Who, when required by a decision adopted on the basis of art. 95 to carry out measurements of substance levels in the air, does not meet this obligation or does not keep the results of measurements within the required period,
shall be punishable by
Article 334. [ Violation of restrictions on the type or quality of fuels permitted to be used on the territory of the voivodship] Who does not comply with the restrictions, orders or prohibitions, specified in the resolution of the state purse seismite adopted on the basis of art. 96,
shall be punishable by
Article 335a. [ Non-testing of soil and soil contamination] 1. Who does not carry out studies of soil and soil pollution, being obliged to do so by a decision issued on the basis of art. 101f ust. 1 or does not store the test results in the required period contrary to art. 101f ust. 4,
shall be punishable by
2. The same penalty shall be subject to, who does not ensure the execution of the tests by the laboratory in accordance with art. 101f ust. 2.
Article 335b. [ Non-historical pollution of the earth surface] Who, by being obliged to do so on the basis of art. 101e par. 1, does not report to the Regional Director of Environmental Protection of Historical Pollution of the Earth's Surface,
shall be punishable by
Article 335c. [ Failure to remediate] Who, by being obliged to do so on the basis of art. 101h ust. 1 and 2, does not perform remediation,
shall be punishable by
Article 335d. [ Conducting remediation not in accordance with the remediation plan and failure to submit a remediation plan] 1. Who, contrary to art. 101l par. 1, conducts remediation not in accordance with the established remediation plan or being obliged to do so on the basis of art. 101l par. 2, does not submit a draft remediation plan to the regional environmental director,
shall be punishable by
2. The same penalty shall be subject to, who prevents the carrying out of the remediation or conduct of soil and land pollution tests, in accordance with the obligations laid down in Art. 101l par. 6, art. 101m (1) 7 and art. 101o ust. 1.
Article 336. [ Use for groundwork of soil or soil exceeding quality standards] Who, contrary to art. 101r, uses soil or land to work on earth if the content of the substance at risk is exceeded,
shall be punishable by
Art. 337a. [ Breach of decision conditions with an acceptable noise level] Who violates the terms of the decision on the permissible noise level,
shall be punished by detention or restriction of liberty or penalty of fine.
Article 338. [ Violation of restrictions on vessels operating in recreational and leisure areas] Who does not comply with the restrictions, orders or prohibitions, specified in the resolution of the district council issued on the basis of art. 116 (1) 1,
shall be punishable by
Art. 338a. [ Non-performance of electromagnetic field measurements] Who, being obliged to perform measurements of electromagnetic fields in the environment, on the basis of art. 122a, does not perform these measurements,
shall be punished by detention or restriction of liberty or penalty of fine.
Article 339. [ Exceedances of the emission limit values] 1. Who, being obliged to do so on the basis of art. Article 145 (1), when introducing substances or energies into the environment, to the extent that it does not require authorisation, does not meet the emission standards,
shall be punishable by
2. The same penalty shall be subject to the one who:
1) does not follow in the manner referred to in art. 145 (4);
2) does not stop the installation and the facility for incineration or co-incineration of waste, according to art. 145 (5);
3) do not use fuels, raw materials or materials, including substances or mixtures, in accordance with the requirements or restrictions referred to in art. 145 (6);
4) does not apply technical solutions, in accordance with the requirements referred to in art. 145 (7);
5) does not communicate the information or data referred to in art. 145 (8).
Art. 339a. [ Failure to comply with the obligations laid down in the Article 146g] Who, by being obliged to do so on the basis of art. 146g:
1) does not meet the maximum emissions of the substances referred to in art. 146g (1),
2) does not implement the anti-prevention activities referred to in art. 146g (2),
3) does not provide information, in accordance with art. 146g point 3,
4) does not respect the requirements referred to in art. 146g point 4,
shall be punishable by
Article 340. [ Violation of the obligation to periodically or continuously measure emissions] 1. Who, being obliged on the basis of:
1. 147 para. 1-to carry out periodic measurements of emissions,
2. Article 147 para. 2-to carry out continuous measurement of emissions,
3. Article 147 para. 4-to conduct preliminary measurements of emissions from the installation of a newly built or changed in a significant manner,
does not perform those duties or does not keep the results of the measurements within the required period,
shall be punishable by
2. The same penalty shall be subject to who:
1) being obliged to ensure the execution of measurements of the size of emissions or other conditions of use of the environment, including sampling, by the laboratory or certified research units referred to in art. 147a ust. 1, does not fulfil this obligation;
2) being obliged by a decision taken on the basis of art. 150 par. 1-3 to carry out measurements of emissions or to submit the results of such measurements at a specified time, shall not fulfil this obligation;
3) does not keep the results of the measurements carried out during the period referred to in art. 147 para. 6.
Article 341. [ Non-submission by the operator and user of the measurement results device] Who, by being obliged to do so on the basis of art. 149 (1) 1, do not submit the measurement results to the competent authorities,
shall be punishable by
Article 342. [ Failure to report installation operation information] 1. Who, being obliged on the basis of art. 152 to notify information concerning the operation of the installation, do not meet these obligations or operate the installation not in accordance with complex information,
shall be punishable by
2. The same penalty shall be subject to who operates the installation despite the lodging of an objection referred to in art. 152 par. 4, or starts the operation of the installation before the expiry of the time limit for lodging an objection.
Article 343. [ Violation of the prohibition of use of installations or of reigning devices] 1. Who violates the prohibition of use of the installation or of the solicitors specified in Art. 156. 1,
shall be punishable by
2. The same penalty shall be subject to, who does not comply with the restrictions, orders or prohibitions specified in the resolution of the municipal council, issued on the basis of art. 157 ust. 1.
Article 344. [ Infringement of the prohibition on the placing on the market of substances posing a particular risk to the environment] Who violates the prohibition on the placing on the market and/or re-use of substances posing a specific risk to the environment as defined in Article 160 (1) 1,
shall be punished by the arrest or restriction of liberty, or a fine.
Article 345. [ Breach of obligations related to the treatment of installations or installations] Who, by being obliged to do so on the basis of art. 161, does not purifies or does not inactivate the installations or equipment in which substances posing a particular risk to the environment are or have been used, or where there is a reasonable suspicion that they have been used by such substances. substances,
shall be punished by the arrest or restriction of liberty, or a fine.
Article 346. [ Infringements related to the use of substances posing a particular risk to the environment] 1. Who, using substances posing a particular threat to the environment, does not transmit periodically to the Marshal of the voivodship or to the Mayor, or to the Mayor or to the President of the city information on the type, quantity and places of their occurrence, which is contrary to the obligation laid down in Article 162 par. 3 and 4,
shall be punishable by
(2) The same penalty shall be subject to persons who, to the extent required, shall not document the nature, quantities and places of occurrence of substances posing a particular risk to the environment and to the manner in which they are to be eliminated, which is contrary to the obligation laid down in Article 4. 162 par. 2.
Article 347. [ Violation of duties related to the turnover of plastic vessels and plastic cutlery] 1. Who, by placing on the market made of plastic disposable utensils and cutlery, does not include information on them about their negative impact on the environment, which violates the obligation laid down in art. 170 par. 1,
shall be punishable by
2. The same penalty shall be subject to those who place on the market determined on the basis of art. 170 par. 2 plastic products and do not include any information on their negative impact on the environment.
Article 348. [ Infringement of obligations relating to the placing on the market of products] 1. Who violates the article specified in art. 171 prohibition of the placing on the market of products which do not conform to the requirements referred to in Article 169 (1) 1,
shall be punishable by
2. The same penalty shall be subject to the person who is in breach of the obligation referred to in art. 167 par. 2, without meeting the requirements referred to in art. 167 par. 3, or who infringes the obligation referred to in art. 167 par. 5.
Article 349. [ Breach of measurement obligation] 1. Who, being obliged on the basis of:
1. 175 par. 1-to conduct periodic measurements of levels in the environment of the introduced substances or energy,
2. Article 175 par. 2-to carry out continuous measurement of levels in the environment of the introduced substances or energy,
3. Article 175 par. 3-to carry out measurements of levels in the environment of the introduced substances or energy in connection with the operation of the reconstructed facility,
does not perform those duties or does not keep the results of the measurements within the required period,
shall be punishable by
2. The same penalty shall be subject to the one who, being obliged by decision, issued on the basis of art. 178 (1) 1-3, for the measurement or submission of measurements at a given time, it does not fulfil this obligation and also who does not keep the results of these measurements within the required period.
Article 350. [ Violation of the obligation to submit the measurement results] 1. Who, being obliged on the basis of art. 177 (1) 1, do not submit the measurement results to the competent authorities,
shall be punishable by
2. The same penalty shall be subject to who, being obliged on the basis of art. 179, does not submit an acoustic map of the terrain.
Article 351. [ Operation of an installation without the required permission or in violation of its terms and conditions] 1. Who operates the installation without the required permission or in violation of its conditions,
shall be punished by the arrest or restriction of liberty, or a fine.
2. The same penalty shall be subject to the one who operates the installation without the provision of the required security referred to in art. 187.
Article 351a. [ Disclosure of information obtained in connection with the performance of an environmental verifier action] Who shall disclose information obtained in connection with the performance of an environmental verifier,
shall be punished by the detention or fine.
Article 351b. [ The unlawfully use of the participation marks in the national eco-management and audit scheme] Who, without being entitled to it, uses the signs of participation in a national eco-management and audit scheme (EMAS),
shall be punishable by
Article 351c. [ Non-drafting of the final report or not in accordance with the requirements of the report] Who, when required to draw up a final report, does not fulfil that obligation or has submitted a report which does not comply with the requirements referred to in Article 4. 217b (b) 3,
shall be punishable by
Article 352. [ Breach of the obligation to notify a failure notice] Who, having noticed the emergence of a failure, will not immediately inform the persons present in the danger zone and the organisational unit of the State Fire Service or the mayor, mayor or president of the city, as it is in breach of the obligation laid down in Article 4 of the Rules of the European Economic and State Party. 245 par. 1,
shall be punishable by
Article 353. [ Breach of obligations imposed by decision in connection with the occurrence of a failure] Who is not carrying out the obligations imposed by the decision on the basis of the Article 247 para. 1,
shall be punished by the arrest or restriction of liberty, or a fine.
Article 354. [ Violation of the obligation to create an emergency prevention program by a high-risk operator] Who, by doing the following:
(1) an undertaking with an increased risk shall not fulfil the obligations laid down in Article 4 (1). 250 par. 1, 4, 5, 8, and 9, art. 251 (1) 1, 5-8, art. 252 para. 1, art. 258, art. 261a (1) 1 or Art. 264,
(2) a high-risk establishment does not fulfil the obligations laid down in Article 4 (2). 250 par. 1, 4, 5, 8, and 9, art. 251 (1) 1, 5-8, art. 252 para. 1, art. 253 para. 1, art. 254 para. 1, art. 256, art. 257, Art. 261 par. 1 (1) and (2) and (2) 2-5, art. 261a (1) 1 and 2, art. 262, art. 263 or Art. 264
shall be punished by the arrest or restriction of liberty or fine.
Article 355. [ Violation of safety rules] Who, by doing the following:
1) an undertaking with an increased risk, contrary to art. 255 (1) 1 shall initiate the establishment or part thereof, or make the amendment referred to in Article 1. 258 (1) 1, without a positive opinion by the district commandant (city) of the State Fire Department of the program to prevent or change this program,
2) a high-risk facility, contrary to art. 255 (1) 2 shall initiate an establishment or part thereof, or make a change referred to in Article 2. 257 ust. 1, without a positive opinion by the Commandant of the voivodship of the State Fire prevention program and the internal emergency plan, or their amendments or approval by this body of a safety or change report this report
shall be punished by the arrest or restriction of liberty or fine.
Article 358. [ Breach of the obligations imposed by the decision to establish a group of high-risk establishments] Who fails to comply with the obligations imposed by the decision adopted on the basis of the Article. 264d ust. 1, punishable by the fine.
Article 359. [ Violation of the obligation to keep records] 1. Who, being obliged to do so on the basis of art. 287 (1) 1, does not maintain the required records,
shall be punishable by
2. The same penalty shall be subject to those who fail to comply with the obligation to submit the list referred to in Article 4. 286.
Article 360. [ Non-execution of decisions] Who does not make a decision:
1) on the cessation of activities, issued on the basis of art. 364,
2) to suspend the devotion to use or prohibit the use of a construction object, a team of objects, installations or a device, issued on the basis of art. 365, 367 or 368,
3. to prohibit the production, import or placing on the market of products which do not comply with the environmental protection requirements under Article 3 (2) of Regulation (EC) No 3brate of the European Union. 370,
(4) requiring the removal, within a specified period of time, of the deficiencies identified or abstaining the activation or use of the plant, of an installation, including a warehouse or any part thereof, issued on the basis of an Article. 373 para. 1,
shall be punished by the arrest or restriction of liberty, or a fine.
Article 361. [ Application of provisions of the Code of Conduct on Offense Cases] Adjudication on the acts referred to in Article 329-360 occurs on the basis of the provisions of the Code of Conduct on Offences.
SECTION III
Administrative responsibility
Article 362. [ Decisions of the environmental authority to be imposed on an entity negatively impacting the environment] 1. If an environmental operator has a negative impact on the environment, the environmental authority may, by decision, impose an obligation:
1) environmental and threat impacts of environmental impact;
2) restoration of the environment to the proper condition.
2. In the decision referred to in paragraph. 1, the environmental authority may specify:
1) the scope of the environmental impact limitation or the condition to which the environment is to be reinstated;
(1a) activities aimed at reducing environmental impacts or restoring the environment to an appropriate state;
2. the deadline for implementation of the obligation
2a. If the number of pages in the proceedings exceeds 20, a provision of art shall apply to parties other than the operator of the installation. 49 Of the Code of Administrative Procedure.
3. In the absence of any possibility of imposing an obligation to take the measures referred to in paragraph. The environmental protection authority may oblige the beneficiary of the environment to pay for the budgets of the relevant municipalities, subject to the provisions of paragraph 1. 4, the amount of money corresponding to the amount of damage resulting from the environmental impairment.
4. If the damage concerns the area of several municipalities, the body referred to in paragraph shall be 1, it obliges to pay amounts to the budgets of the relevant municipalities in proportion to the amount of damage.
5. To claims on the obligation to pay the amount of money referred to in paragraph. 3, the provisions of Section III of the Act-Tax Ordinance, with the fact that the powers of the tax authorities are entitled to the environmental protection authority competent to impose the obligation.
6. (repealed)
Article 363. [ Actions to limit negative environmental impacts] 1. The mayor, mayor or president of the city may, by decision, order a natural person, whose action adversely affects the environment, to perform in a specified time of the task aimed at:
1) limitations of the negative impact on the environment and its risks;
2) restoration of the environment to the proper condition.
2. Rules of Art. 362 mouth. 2-5 shall apply mutatis mutandis.
Article 364. [ The decision to suspend operations to the extent necessary to prevent the deterioration of the environment] If the activity carried out by an operator using the environment or a natural person causes a deterioration of the environment in significant sizes or threatens the life or health of the people, the voivodship of the environmental inspector will issue a decision on to suspend this activity in so far as this is necessary to prevent the deterioration of the environment.
Article 365. [ Hold of use of an installation operated without the required integrated permit] 1. The provincial environmental inspector shall withhold, by decision, the use of an installation operated without the required integrated permit.
2. In relation to a newly built or reconstructed construction object, a team of facilities or installations related to a project included in projects likely to have significant effects on the environment within the meaning of the Act of 3 October 2008 on the provision of information on the environment and its protection, public participation in the protection of the environment and about environmental impact assessments, the voivodship of the environmental health inspector shall withhold, by decision:
1) putting into service, if they do not meet the environmental requirements referred to in art. 76;
2. use in the event that the emission standards are not obtained under the law of the emission standards or specified in the permit to issue the emission conditions within 30 days of the termination of the start;
(3) use if, within 5 years of the putting into service, it is revealed that the environmental protection requirements referred to in Article 4 are not met in the course of the putting into service. 76, and they are not still met, and the investor did not complete the obligation to inform the voivodship environmental inspector about the fact of putting into operation the installations or facilities.
Article 366. [ Immediate feasibility of the rigor] 1. The decision referred to in art. 364 and Art. 365 par. 2, a rigor is suitable for immediate feasibility.
2. An immediate enforceability of the Rygoru shall not be suitable when the circumstances referred to in the Article are met. 365 par. Article 2 (3); 367 para. 2 shall apply mutatis mutandis.
3. In the decision referred to in art. 364 and Art. 365 par. 1 and paragraph 2 (2) and (3) shall be determined by the date of cessation of operations or use, taking into account the need for a safe operation or use.
Article 367. [ Reasons for withholding installation] 1. In the event of:
1) the introduction by an operator using the environment of a substance or energy into the environment without the required permission or in violation of its conditions,
2) infringement by an operator using the environment of the terms of the decision determining the requirements for the functioning of the installation requiring the notification,
3) failure to notify the installation by the operator using the environment or operation of the installation not according to the information contained in the notification of the voivodship the environmental inspector may withhold, by decision, the use of the installation.
2. In the case referred to in paragraph. 1, the provincial environmental inspector may at the request of the operator, by decision, set a deadline for the removal of the infringement.
3. In the event of failure to remove the violation within the designated date of the voivodship, the environmental inspector shall withhold, by decision, the use of the installation.
4. In the decision referred to in paragraph. 1 and 3, the date of cessation of use of the installation shall be determined taking into account the need for safe use for the environment.
5. In the event of exceeding the conditions of the decision on the permissible noise level, the provisions of the paragraph 1-4 shall apply mutatis mutandis.
Article 368. [ Cessation of use of installations or devices not requiring authorisation] 1. In the event of a breach of the terms of the decision determining the requirements for the operation of the installation, from which the emission does not require a permit, conducted by a natural person in the framework of the normal use of the environment, the mayor, the mayor or the president of the city may, by decision, withhold the use of the installation; Article 367 para. 2-4 shall apply mutatis mutandis.
2. The mayor, mayor or president of the city may, by decision, withhold the use of the installation or device if the natural person did not conform to the requirements of the decision referred to in art. 363.
Article 369. [ Exemption of provisions] Art. 367 para. 1 or Art. 368 shall not apply if there are reasons for a decision in accordance with Article 4 (1) of the Regulation. 364 or 365.
Article 370. [ Marketing of products not complying with environmental protection requirements] The provincial environmental inspector prohibits, by decision, production, bringing from abroad or placing on the market products which do not meet the requirements of environmental protection.
Article 371. [ Application of the provisions of the Waste Act] The provisions of the Waste Act indicate other than those mentioned in the Act the cases of withholding by the provincial environmental protection inspector, by decision, activities carried out in violation of environmental requirements.
Article 372. [ Consent to the taking up of the held activity or use] After finding that they have ceased the reasons for the cessation of activities or use, on the basis of the decisions referred to in this chapter, the voivodship of the environmental protection officer, the mayor, the mayor or president of the city, upon request of the person concerned, expresses consent to the taking up of the held activity or use.
Article 373. [ Deficiencies likely to give rise to a risk of industrial failure] 1. The competent authority of the State Fire Service in the event of an infringement by the operator of the provisions of art. 248-264:
1) may issue a decision ordering the deletion within a specified time limit of the identified deficiencies or
2. it shall issue a decision which suspends the activation or use of the plant, the installation, including storage, or any part of it, if any deficiencies identified may result in a risk of industrial failure.
2. The decision referred to in paragraph 2. 1 point 2, a rigor of immediate enforceability shall be given.
3. In the decision referred to in paragraph. In the light of the need for a safe environment for the environment, point 2 shall be set out in point 2.
Article 374. [ Decisions requiring agreement with other authorities] 1. The decisions referred to in this chapter, except for the decisions referred to in art. 365 and 372 concerning:
1) the movement of the mining plant-shall be required to be agreed with the director of the competent district or specialist mining office;
2) the maritime safety-belt-they need to be agreed with the competent director of the maritime office.
2. Failure to take a position, within 14 days, by the authority responsible for the agreement shall mean a lack of comments and reservations.
3. Reconcile shall not be required if the decision is taken in the situation of the risk of life or health of humans or imminent danger of deterioration of the environment in significant sizes.
Article 375. [ Proceedings initiated from office] The proceedings for the issue of the decisions referred to in this chapter shall be initiated by the office.
TITLE VII
Administration and environmental protection authorities
SECTION I
Administrative bodies for environmental protection
Article 376. [ Environmental authorities] Environmental protection authorities, subject to Article 377, are:
1) The mayor, mayor or president of the city;
2) starosta;
2a) seismic of the voivodship;
2b) the Marshal of the voivodship;
3) wojewoda;
4) the Minister for Environment;
5) The General Director Of Environmental Protection;
6) Regional Director of Environmental Protection.
Article 377. [ Inspection Bodies For Environmental Protection] Environmental Inspection Bodies operating on the basis of the provisions of the Act on Environmental Protection Inspections perform tasks in the scope of environmental protection, if the Act so provides.
Art. 377a. [ Minister for Environmental Affairs] The Minister responsible for the environment is a higher level body in relation to the Marshal of the voivodship in the cases referred to in art. 95 (1) 1, and in art. 378 (1) 2a and 2aa.
Article 378. [ Determination of the characteristics of environmental authorities] 1. The environmental protection authority competent in the cases referred to in art. 115a para. 1, art. 149 (1) 1, art. 150, art. 152 par. 1, art. 154. 1, art. 178, art. 183, art. 237 and art. 362 mouth. 1-3, he is an old age.
2. The Regional Director of Environmental Protection is competent in matters of ventures and events in closed areas.
2a. Marshal of the voivodship is competent in matters:
1) projects and events in betting areas where the installation is operated, which is qualified as a project likely to have a significant effect on the environment within the meaning of the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments;
(2) undertakings which may always have an appreciable impact on the environment within the meaning of the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments carried out in areas other than those listed in point 1;
3) permits for waste generation and integrated permits for regional installations for the treatment of municipal waste and for installations identified in the voivodship plan waste management as regional waste treatment facilities communal.
2aa. The environmental authority competent in the case shall:
1. waste generation permits for non-extractive waste produced at the site of exploration, recognition and extraction of copalin from the deposits and their storage and processing,
2. the integrated licences for the waste referred to in point 1
-the authority competent to issue a decision approving the extractive waste management programme referred to in Article 3 (1) of the Regulation. 11 of the Act of 10 July 2008. of extractive waste (Dz. U. of 2013 r. items 1136, of 2014 items 1101 and 2016 items 1579).
2b. When establishing the characteristics of environmental authorities, the related technology installations, operated by different entities, qualifies as a single installation.
3. In the case of ordinary use of the environment by natural persons not being entrepreneurs of the voters, the mayor or president of the city shall be competent in matters:
1) to issue the decisions referred to in art. 150 par. 1 and Art. 154. 1;
2) the adoption of the results of the measurements referred to in art. 149 and 150;
3) the acceptance of the notifications referred to in Article. 152 par. 1.
4. The tasks of the self-government of the voivodship referred to in the paragraph. 2a and 2aa, art. 91 (1) 1, 3, 3a and 5, art. 92 (1) 1, art. 94 par. 2, art. 95 (1) 1, art. 96, art. 119 (1) 2, art. 135 par. 2 and Article 162 par. 3, 6 and 7, they are tasks from the scope of government administration.
Article 379. [ Auditor authority] 1. Marshal of the voivodship, starosta and wójt, the mayor or president of the city shall exercise control of the observance and application of environmental regulations in the area covered by the property of these bodies.
2. The bodies referred to in paragraph. 1, may authorize the execution of the control functions of employees subordinate to them of the Marshal, district, municipal or municipal offices or municipal guard officers.
3. Controversial, exercising control, shall be entitled to:
1. preliminary together with the assessors and the necessary equipment 24 hours a day for the property, the facility or their parts, on which the business is conducted, and from 6 to 22 hours on the remaining land;
2. carry out tests or carry out other necessary control activities;
3) requests written or oral information and the calling and interrogation of persons to the extent necessary for the determination of the facts;
4) requests for the presentation of documents and the provision of any data related to the control problems.
4. Wójt, mayor or president of the city, the starosta, the marshal of the voivodship or the persons by them are entitled to act as a public prosecutor in cases of misconduct against the provisions on environmental protection.
5. Wójt, the mayor or president of the city, the starosta or the marshal of the voivodship occur to the provincial environmental inspector to take the appropriate actions falling within his/her competence, if, as a result of the inspection, these authorities find a violation by the controlled entity of the environmental protection legislation or there is a reasonable suspicion that such an infringement may have occurred by providing documentation of the case.
6. The manager of the controlled entity and the controlled natural person shall be obliged to carry out checks and, in particular, to carry out the activities referred to in paragraph 1. 3.
Article 380. [ Protocol from control activities] 1. From the control activities, the auditor shall draw up a protocol, one copy of which shall be served by the manager of the controlled entity or controlled by a natural person.
2. The protocol shall be signed by the auditor and the manager of the controlled entity or the controlled natural person who may bring to the minutes the reservation of the reservation and the grounds on which the statement of reasons is valid.
3. In the event of a refusal to sign the protocol by the head of the controlled entity or the controlled natural person, the controlling person shall include the mention in the protocol, and the refusing the signature may, within 7 days, present his position in writing Mayor, mayor or president of the city, starost or marshal of the voivodship.
Article 382. [ Property of local environmental authority] 1. If the provision of the Act does not provide otherwise, the competent locality for conducting the case, within the meaning of the Code of Administrative Procedure, is the competent authority due to the location of the property on which the premises are planned or implemented the subject matter of the proceedings.
2. If the property referred to in paragraph 1, is situated in the field of operation of more than one body, the competent authority is the body on whose territory the larger part of the property is located; this authority shall issue the prescribed decisions in agreement with the other competent authorities.
Article 383. [ Exclusion of the requirement to agree or give an opinion by the environmental authority] 1. The requirement to agree or give an opinion by the environmental authority shall not apply if the authority competent to conduct the proceedings in the case is at the same time a reconciliation or an opinion-based authority.
2. The requirement to agree or give an opinion by the environmental authority shall not apply if the authority competent to conduct the proceedings in the case is water-water, and the agreed or opinion body is the starosta.
3. Paragraph Recipe 1 shall apply mutatis mutandis where the body drawing up the draft document or amending the adopted document is the body that develops the draft document or gives an opinion.
Article 384. [ Obligations of Ministers for the implementation of environmental legislation] The competent ministers shall provide the necessary conditions for the implementation of environmental protection rules by subordinate and supervised organisational units.
Article 385. [ Delegation] 1. Minister of National Defence, by means of regulations:
1) determine the authorities responsible for the supervision of compliance with the environmental regulations in the cells and organizational units subordinate to, or supervised by, the Minister of National Defence, taking into account the specificity and nature of the tasks carried out by those authorities;
2) may determine in agreement with the Minister of the Environment the detailed ways of implementing the environmental regulations in the cells and organizational units subordinate to the Minister of National Defence or supervised by him.
2. In the Regulation referred to in paragraph. 1 point 1, shall be fixed:
(1) the authorities responsible for the supervision;
2) the scope of responsibility of the subordinate and supervised entities;
(3) the competence of the tasks to be performed.
3. The Minister of National Defence may determine by way of regulation, the form, scope, arrangement, techniques and timing of the presentation by the supervised bodies of the supervisory authorities referred to in paragraph. Article 1 (1), information of significant importance to ensure compliance with environmental protection provisions.
4. The Minister, by issuing the regulations referred to in the paragraph. 1 point 2 and paragraph. 3, take into account the specificity of the functioning of the Armed Forces:
1) in the scope of exploiting the characteristic infrastructure;
2) in the course of training activities;
(3) in the course of other specific activities relating to the need to meet the requirements of environmental protection.
SECTION II
Environmental institutions
Chapter 1
General provisions
Article 386. [ Types of environmental protection institutions] The environmental institutions shall be:
1. State Environment Council;
2. Commissions for environmental impact assessments;
3) the National Fund for Environmental Protection and Water Management and the voivodships of environmental protection and water management.
4) (repealed)
Chapter 2
State Council of Environmental Protection
Article 387. [ State Environment Council] The State Council of the Environment, hereinafter referred to as 'the Council', shall be established as the advisory body and the opinion of the Minister for the Environment.
Article 388. [ Council Action Range] The Council's scope of action is the development of an environmental opinion for the Minister for Environment, as well as proposals and proposals for the creation of sustainable development and environmental protection conditions. and to maintain or improve his condition.
Article 389. [ Obligations of the Minister responsible for the environment in connection with the request to the Council for an opinion] The Minister responsible for environmental matters shall attach the necessary materials to the Council for an opinion.
Article 390. [ Composition of the Council] The Council shall be composed of the Chairperson, two alternate members of the President, the Registrar and the members, in the number of up to 30, appointed by the Minister responsible for the environment for a period of five years from among the representatives of science, the professional environment, the organisation of ecological and economic self-government representatives.
Article 391. [ Expenses related to the activities of the Council] 1. Expenditure related to the activities of the Council shall be covered by the part of the budget of the State, of which the Minister responsible for the environment is available.
2. The Council's office support shall be provided by the Minister responsible for the environment.
Article 392. [ Reimbursement of costs of the members of the Council] The members of the Council and the invited experts meeting outside the town where the meeting takes place and taking part in the meeting shall be entitled to a subsistence allowance and reimbursement of the costs of travel and accommodation in accordance with the rules laid down in the Rules of the rules on the setting and the amount of the fees payable to employees in respect of their business trips in the territory of the country.
Article 393. [ Delegation] 1. The Minister responsible for the environment will determine, by way of regulation, the detailed way of functioning of the State Environmental Protection Council, bearing in mind the need for the smooth functioning of the Council.
2. In the Regulation referred to in paragraph. 1, they shall be determined:
1. organisation of the Council;
2) mode of action of the Council.
Chapter 3
(repealed)
Chapter 4
Financing of environmental protection and water management
Article 400. [ National Fund for Environmental Protection and Water Management] 1. The National Fund for Environmental Protection and Water Management, hereinafter referred to as the "National Fund", is a state legal person within the meaning of Art. 9 point 14 of the Act of 27 August 2009. on public finances (Dz. U. of 2016 r. items 1870, 1948, 1984 and 2260 and from 2017. items 60 and 191).
2. Voivodship funds of environmental protection and water management, hereinafter referred to as "voivodship funds", are self-government legal persons within the meaning of art. 9 point 14 of the Act referred to in paragraph 1. 1.
3. Voivodship funds shall not be the voivodship units of the organisational units referred to in art. 8 ust. 1 of the Act of 5 June 1998. o self-government of the voivodship (Dz. U. of 2016 r. items 486, 1948 and 2260).
Article 400a. [ Scope of financing for environmental protection and water management] 1. Financing of environmental protection and water management shall include:
1) develop plans for water management, flood risk management plans, plans to counteract the effects of drought, and create and maintain a water cadastre;
2. projects related to the protection of waters;
3) assisting the hydrological and meteorological protection of the public and the economy, as well as the recognition, shaping and protection of the country's water resources;
4) support the implementation of tasks in the scope of recognition, balancing and protection of groundwater for the purpose of their rational use by society and the economy;
5) to support the implementation of modernization and investment tasks, designed to protect the environment and water management, including the installation or protection of flood protection devices and small water retention facilities;
6) activities in the field of waste management of illegally moved, in the cases referred to in art. 23-25 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006. on shipments of waste (Dz. Urz. EU L 190 of 12.07.2006, str. 1), and to assist in the implementation of the tasks of counteracting the illegal shipment of waste;
7) costs of the management of waste from accidents referred to in the Act of 14 December 2012. Of waste;
8. projects related to the waste management;
8a) perform tests and measurements related to waste by the authorities of the Inspectorate of Environmental Protection and laboratory tests in the content of heavy metals in batteries or accumulators by the Trade Inspection;
8b) financing in whole or in part of the entries in cases carried out by the Chief Inspector of Environmental Protection before administrative courts;
9) projects related to the protection of the earth's surface, excluding remediation of self-purification;
9a) projects related to the non-reliance on the remediation of historical pollution of the earth's surface, if the obligation to carry out the remediation is the regional director of environmental protection or the ruler of the earth's surface a local government unit;
9b) implementation of tasks of the specialized unit referred to in art. 16 of the Act of 15 May 2015. of ozone-depleting substances and of certain fluorinated greenhouse gases (Dz. U. Entry 881 and 2016 items 1579 and 1948);
10) expenditure on the work referred to in Article 7 ust. 2 of the Act of 14 July 2000. restructuring the financial restructuring of sulphur mining (Dz. U. of 2016 r. items 1752);
11) research and dissemination of their results and technical progress in environmental protection and water management;
12) development of the manufacturing industry of technical means and control and measuring apparatus for the protection of the environment and water management;
13) the development of a network of measuring stations, laboratories and information processing centres, to study the state of the environment;
14) the system of control of the payment of the environmental charges provided for by the Act, in particular the creation of databases of entities using the environment required to bear the fees;
15) support the implementation of the tasks of the state monitoring of the environment, other control and measurement systems and environmental research as well as measurement systems of water consumption and heat;
16) assisting systems for collecting and processing data related to access to environmental information;
17. actions to prevent and eliminate major accidents and mining damage, as well as their consequences;
18. observing the areas at risk of the mass movements of the land and the areas in which these movements occur;
19) counteract the natural disasters and eliminate their effects on the environment;
(20) to prevent or remove the effects of environmental pollution, where the entity is not responsible for establishing the responsible person;
21. Air-protection-related projects;
22) to support the use of local renewable energy sources and to introduce more environment-friendly energy carriers;
23) (repealed)
24) assisting the ecological forms of transport;
(25) organic farming activities directly affecting the state of soil, air and water, and in particular the running of agricultural holdings producing ecological methods located in protected areas on the basis of the provisions of the Act of 16 April 2004. o Nature conservation;
25a) development of landscape audits;
26) activities related to the maintenance and preservation of parks and gardens, which are the subject of protection on the basis of the provisions on the protection of monuments and the care of the monuments;
27) development of protection plans for areas subject to protection under the provisions of the Act of 16 April 2004. environmental protection and monitoring of nature conservation;
28) projects related to the protection and restoration of protected species of plants or animals;
29) nature conservation projects, including the design and maintenance of green areas, revelations, bushes and parks;
30) tasks related to increasing the country's lesistness and preventing damage to forests and eliminating those damages caused by biotic and abiotic factors;
31) health prevention of children inhabited in areas where environmental quality standards are exceeded;
32) environmental education and the promotion of ecological activities and the principle of sustainable development;
33) preparing and servicing of national and international conferences in the field of environmental protection and water management;
34. actions on the collection and dissemination of information about the best available techniques and activities related to the registration and analysis of applications for the issue of integrated licences and issued integrated licences referred to in art. 206 and 212;
35) develop and implement new technologies and technologies in the field of environmental protection and water management, in particular concerning the reduction of emissions and water consumption, as well as the efficient use of fuels;
36) expenditure on the acquisition, maintenance, handling and protection of specialised equipment and technical equipment for the implementation of environmental and water management measures;
37) provincial environmental protection programmes, air protection programmes, short-term action plans, noise protection programmes, water conservation and development programmes, waste management plans, water management plans and national the municipal wastewater treatment programme, as well as support for the implementation and control of these programmes and plans;
37a) tasks aimed at supporting Polish environmental technologies at home and abroad, being elements of environmental policy and remaining within the competence of the Minister responsible for the environment;
(38) co-financing of investment projects, operating costs and activities carried out with the participation of non-reimbursable European Union funds;
(39) the preparation of documentation of environmental and water management projects to be co-financed by non-reimbursable European Union funds;
40) co-financing of investment projects, operating costs and activities carried out with non-refundable means obtained in the framework of cooperation with international organisations and bilateral cooperation;
41) co-financing of environmental and water management projects carried out under the rules laid down in the Act of 19 December 2008. o public-private partnership (Dz. U. of 2015 items 696 and 1777 and of 2016 items 1920);
41a) projects related to the implementation and operation of the Eco-Management and Audit Scheme (EMAS) and the Environmental Technology Verification System (ETV);
42) other tasks for the protection of the environment and water management, resulting from the principle of sustainable development and in line with the environmental policy.
2. The Minister responsible for the environment may determine, by means of a regulation, the detailed conditions for the granting of public aid for environmental and water management purposes from the resources at the disposal of the National Fund; and of the voivodship funds, taking into account the need to ensure transparency in the granting of this aid and to ensure that the aid is in compliance with the conditions
Article 400b. [ Purpose of the Funds] 1. The purpose of the operation of the National Fund is to finance the protection of the environment and water management within the scope specified in art. 400a ust. 1 and Art. 410a ust. 4-6.
2. The purpose of the action of the voivodship funds is to finance the protection of the environment and water management within the scope specified in 400a ust. 1 points 1-9a and 11-42.
2a. The aim of the National Fund and the Voivodship Funds is also to create conditions for the implementation of financing for environmental protection and water management, in particular by providing support to the implementation of actions and its implementation. promotion, as well as through cooperation with other entities, including local self-government units, entrepreneurs and entities established outside the borders of the Republic of Poland.
3. The National Fund shall perform the tasks of the National System Operator of the green investment set out in the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances.
4. The national operator of the green investment system may entrust the voivodship to the funds, on the basis of agreements, carrying out the tasks constituting the implementation of the tasks referred to in art. 25 par. 2 paragraphs 7a and 9 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances, bearing the responsibility for their activities as for their own.
5. The agreements referred to in paragraph 1 shall be laid down in the 4, determine in particular the scope of activities carried out by the voivodship funds and the manner of covering by the National System Operator of the green investment of the costs incurred by the voivodship funds to carry out these activities.
6. The National Fund is a financial institution referred to in art. 38 par. 4 lithium b point (ii) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 establishing common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime Fund and Fishing and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 176ance The Council of the ECB shall Urz. EU L 347, 20.12.2013, p. 320), and may act as the entity implementing the financial instrument or fund of funds referred to in that Regulation.
7. Voivodship funds may act as financial intermediaries referred to in art. 38 par. 5 of the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013. establishing common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime Fund and Fishing and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 176ance (a)
8. With the consent of the managing authority or the intermediary body within the meaning of the Act of 11 July 2014. on the principles of implementation of the cohesion policy programmes financed in the financial perspective 2014-2020 (Dz. U. of 2016 r. items 217, 1579 and 1948) The National Fund may entrust to the voivodship funds, on the basis of agreements, tasks related to the implementation of the national operational programme within the meaning of this Act.
9. Delegating the voivodship of the funds referred to in the paragraph. 8, does not exclude the responsibility of the National Fund for their implementation.
Article 400c. [ Bodies of the National Fund] 1. The bodies of the National Fund shall be the Supervisory Board of the National Fund and the Management Board of the National Fund.
2. The support of the Supervisory Board of the National Fund and the Management Board of the National Fund shall be provided by the National Fund
Article 400d. [ The Supervisory Board of the National Fund] 1. The Supervisory Board of the National Fund shall count no more than 12 persons.
2. The composition and structure of the Supervisory Board of the National Fund shall determine, by way of ordinance, the Minister responsible for the environment, taking into account in the composition of the Supervisory Board:
1) two representatives of the local government of the Committee of the Joint Government and the Local Government;
2) the representative of the minister responsible for public finance affairs;
3) the representative of the minister responsible for energy affairs;
4. the representative of the minister responsible for regional development;
(5) a representative of a national-wide environmental organisation that has organisational structures throughout the country, as notified by these organisations and which is supported by the largest number of these organisations.
3. The Minister responsible for the environment announces in the national scope and in the Public Information Bulletin of the Office of the Minister of the Environment responsible for starting the procedure for submitting candidates to the representative of the competent authority ecological organisations in the Supervisory Board of the National Fund, indicating simultaneously the place and the 30-day deadline for their reporting.
4. The environmental organisations shall make the notification referred to in paragraph 1. 3, in written form.
5. In the event of non-declaration of representatives by the self-government of the Commission of the Joint Government and Local Government or environmental organisations, the Minister responsible for environmental matters may delegate to their place their representatives.
6. Members of the Supervisory Board of the National Fund shall appoint and refer to the Minister of the Environment, taking into account the positions of the entities referred to in paragraph 1. 2.
7. Chairperson of the Supervisory Board of the National Fund shall be appointed by the Minister responsible for the environment.
8. The Minister responsible for the environment will determine, by way of regulation, the remuneration of the members of the Supervisory Board of the National Fund for participation in the work of the Board, guided by the provisions on remuneration of members of supervisory boards of the companies of the State Treasury.
Art. 400e. [ Voivodship authorities of funds, servicing of supervisory boards and boards of directors] 1. The organs of the voivodship are the supervisory boards of the voivodship funds and the management boards of the voivodship funds
2. The support of supervisory boards of the voivodship funds and the management boards of the voivodship shall provide the office of the voivod
Article 400f. [ Supervisory Board of Voivodship Funds] 1. The supervisory board of the voivodship funds shall count after 7 persons.
2. The Supervisory Boards of the voivodship funds shall consist of:
1) regional environmental directors or their alternates, being regional natural conservators, or provincial environmental protection inspectors or their alternates;
2. the chairman of the regional nature conservation councils or their alternates, or the chairman of the regional environmental impact assessment committees or their alternates;
3) the chairman of the committee responsible for the environment of the voivodeships or their deputies;
4) Directors or Deputy Director of the Department of Environmental Protection of the Marshal Offiches;
5) representatives of ecological organizations reported by the organizations operating and having organizational structures on the territory of a given voivodship and enjoying the support of the largest number of these organizations;
6) representatives of the economic authorities elected by the Sejmics of the voivodships from among candidates reported by the economic authorities;
7) the chairman of the councils appointed by the Minister responsible for the environment from among the employees of the National Bureau of the Fund or the Office serving the Minister of the Environment.
3. Marshals of voivodships declare in the press about the regional coverage and in the Public Information Bulletin of the Marshal's Office the initiation of the procedure for the notification of candidates to representatives of ecological organizations in the supervisory councils of the voivodship funds, at the same time indicating the place and the 30-day deadline for their reporting.
4. The environmental organisations shall make the notification referred to in paragraph 1. 3, in written form.
5. In the event of notification by the ecological organisations, more than one candidate of the selection of the representatives of the ecological organisations from among the notified candidates shall make the state seismics
6. In the event of non-notification by the ecological organisations of any candidate, in accordance with the mode set out in the paragraph. 3, representatives of environmental organisations shall indicate the committees responsible for the environment of the voivodships ' seismics.
7. Members of the Supervisory Boards of the voivodship shall appoint and refer, taking into account the position of the entities referred to in paragraph 1. 2, seismics of voivodships, subject to the paragraph. 8 and 9.
8. The Minister of Environmental Affairs refers to the members of the supervisory boards of the voivodship funds, if they cease to perform the functions referred to in the paragraph. 2 points 1 and 2.
9. The goverment of the voivodships shall immediately inform the Sejmiki of the voivodships of the cessation of the duties referred to in the paragraph. 2 point 4, by members of supervisory boards of voivodship funds.
10. Detailed conditions for remuneration of the members of the supervisory boards of the voivodship funds for participation in the work of the Board and the amount of remuneration of the members of the supervisory boards of the voivodship funds for participation in the works of the Board shall be determined by the Boards
Article 400g. [ Reimbursement of travel and accommodation costs] Members of the Supervisory Board of the National Fund and Supervisory Boards of voivodship funds residing outside the village where the meeting is held, and participating in the meeting shall be entitled to reimbursement of travel expenses and accommodation on conditions specified in the legislation issued on the basis of art. 77 5 § 2 of the Labour Code.
Art. 400h. [ Tasks of the Supervisory Board of the National Fund and Supervisory Boards of voivodship funds] 1. The tasks of the Supervisory Board of the National Fund and the Supervisory Boards of the voivodship funds shall be respectively:
1) setting the criteria for the selection of projects financed from the funds of the National Fund and the Voivodship Funds;
2) approving the applications of the Management Board of the National Fund and the management boards of the voivodship funds in matters of issuing own bonds and borrowing of loans and loans;
3) approving the applications of the Management Board of the National Fund and the Management Board of the Voivodship Funds for the granting of loans and grants whose unit value exceeds:
(a) in the case of a loan or grant from the National Fund, the equivalent amount of 1 000 000 euro or EUR 500 000, respectively,
(b) in the case of a loan or grant from the voivodship-0,5% of the revenue received by that fund in the previous year;
4) approving the annual reports of the Management Board of the National Fund and the management boards of the voivodship funds from the activities and annual accounts of the National Fund and the Voivodship Funds
5) setting the rules for the remuneration of members of the National Fund and employees of the National Bureau of the Fund and the members of the Board of Governments of the Funds and employees of the Voivodship Office of the Funds;
6) control of the activities of the Management Board of the National Fund and the Board of Governments of
7. submission, by 30 April of each calendar year, of the activity reports:
(a) the National Fund, the Minister for Environmental Affairs,
(b) provincial funds-the competent authority of the voivodship and the Minister for environmental matters;
(8) the establishment of the rules and procedures for the granting of guarantees, including the permissible total amount of the guarantees provided and the permissible amount of the guarantees for the obligations of the entity or group of entities, and the procedures and rules for the collection of fees from the guarantees.
1a. Annual report on the activity of the voivodship shall be published in the voivodship of the official journal.
2. The tasks of the Supervisory Board of the National Fund shall also be:
1) the presentation of the Minister of Environmental Affairs and the Minister for Water Management, in order to agree on a common strategy for the operation of the National Fund and the Voivodship Funds;
2) the adoption, once every 4 years, of the common strategy of action of the National Fund and the voivodship funds, until 30 June of the year preceding the first year covered by this strategy;
3) the adoption, once every 4 years, of the strategy of action of the National Fund, resulting from the common strategy of action of the National Fund and the Voivodship Funds, by 30 September of the year preceding the first year covered by this strategy;
4) the adoption, taking into account the strategies, programmes and programming documents referred to in art. 14 para. 1, and lists of priority projects submitted by the voivodship funds, the business plan and approval of the list of priority programmes of the National Fund, by 31 January each year; the list of priority programmes in the part concerning water management needs to be agreed with the President of the National Water Management Board;
5) adoption of draft annual financial plans;
6) the adoption of a financial plan in the Task Force;
7) the establishment of the rules for the granting and redemption of loans and the mode and rules for the granting and settlement of grants;
8) approval of the requests of the Management Board of the National Fund for the provision of guarantees, if the obligation under this title exceeds the equivalent amount of 1 000 000 euro;
9) approval of the requests of the Management Board of the National Fund in matters of acquisition of bonds, the embracing or acquisition of shares and shares in companies and the contribution of shares to companies;
10) making the selection of the entity competent to audit the financial statements.
3. (repealed)
4. The tasks of the Supervisory Boards of the voivodships shall also be:
1) the adoption, once every 4 years, of the strategy of action of the voivodship funds, resulting from the common strategy of action of the National Fund and the Voivodship Funds and from regional circumstances, until 30 September of the year preceding the first year covered these policies;
2) the establishment of plans for the activity of the voivodship funds, by 30 November each year, for the following year, taking into account the strategies, programmes and programming documents referred to in art. 14 para. 1, and the strategy of the operation of the voivodship funds and the provincial environmental programs;
3) approval, by 30 June each year, for the year of the next lists of priority regions of the voivodships, after consulting the National Fund for financing projects involving Union funds Non-reimbursable European and after agreement with the competent director of the regional management board of the water management in the field of financing of water management projects in the water region;
4) the adoption of annual financial plans;
5) setting out the rules for the granting and redemption of loans and the mode and rules for the granting and settlement of grants;
5a) approval of the requests of the Management Board of the Voivodship Guarantee Fund, if the obligation under this title exceeds 0,5% of the revenues obtained by this fund in the previous year;
6) making the selection of the entity competent to audit the financial statements;
7) approving the requests of the provincial boards of funds in matters of acquiring or disposing of real estate.
5. The permissible total amount of the guaranteed guarantees may not be higher than 60% of the value of the fund of its own National Fund or provincial fund respectively.
6. The permissible amount of guarantees for the obligations of the entity or group of entities shall not exceed 20% of the value of the fund of its own, respectively, the National Fund or the Voivodship Fund.
Article 400i. [ The Board of National Fund] 1. The Management Board of the National Fund counts from 3 to 5 persons.
2. The Management Board of the National Fund shall provide
1) the President of the Management Board of the National Fund, appointed by the Minister responsible for the environment, from among the persons selected on the basis of an open and competitive recruitment, and dismissed by the Minister responsible for the environment-at the request of the Council The Supervisory National Fund;
2) the Deputy President of the Management Board of the National Fund appointed by the Minister responsible for the environment, from among the persons selected through an open and competitive recruitment, and dismissed by the Minister responsible for the environment-at the request of the Council Supervisory National Fund.
3. The appointment referred to in the paragraph. 2 points 1 and 2, constitutes the establishment of a relationship of work on the basis of appointment within the meaning of the provisions of the Labour Code
4. The position of the President of the Board of the National Fund may occupant a person who:
1) holds a master's professional title or equivalent;
2) is a Polish citizen;
3) benefit from full public rights;
4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;
5) has managerial competence;
6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;
7) has an education and knowledge in the scope of matters belonging to the National Fund's properties.
5. Information on the position of the President of the Management Board of the National Fund shall be announced by placing the notice in a place commonly available at the headquarters of the National Fund and in the Public Information Bulletin of the National Fund and Bulletin Board Information from the Chancellery of the Prime Minister. The notice shall include:
1) the name and address of the National Fund;
2. determination of the position;
3) requirements related to the position resulting from the provisions of law;
4) the scope of the tasks performed on the post;
5) an indication of the required documents;
6) deadline and place of submission of documents;
7. information on the methods and techniques of recruitment.
6. The term referred to in paragraph 5 point 6, shall not be less than 10 days from the date of publication of the notice in the Information Bulletin of the Public Chancellery of the Prime Minister.
7. Nabór to the position of the President of the Management Board of the National Fund shall be carried out by the Supervisory Board of In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.
8. Evaluation of the knowledge and managerial competence referred to in paragraph. 7, may be made on behalf of the Supervisory Board of the National Fund by a person not a member of the Supervisory Board of the National Fund, which has the appropriate qualifications to make this assessment.
9. Member of the Supervisory Board of the National Fund and the person referred to in paragraph. 8, they have the obligation to keep in secret information concerning the applicants for the post obtained during the recruitment process.
10. In the course of the selection, the Supervisory Board of the National Fund shall send no more than 3 candidates, to which the Minister shall present to the Minister responsible for the environment.
11. The Supervisory Board of the National Fund shall draw up a protocol containing the following:
1) the name and address of the National Fund;
2) determining the position for which the recruitment was conducted, and the number of candidates;
3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;
4. information on the methods and techniques used for the recruitment;
5) justification of the choice made or the reasons for the non-nomination of the candidate.
12. The result of the recruitment shall be announced immediately by the inclusion of the information in the Public Information Bulletin of the National Fund and the Public Information Bulletin of the Chancellery of the Prime Minister. Information on the outcome of the recruitment shall include:
1) the name and address of the National Fund;
2) determination of the position for which the recruitment was conducted;
3) the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or the information about the failure of the candidate.
13. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of recruitment and of the result of this recruitment is free of charge.
14. To conduct recruitment for the posts referred to in paragraph 1. Paragraph 2, the provisions of paragraph 2 shall apply mutatis mutandis. 4-13.
15. Funding of a member of the Management Board of the National Fund may not be combined with employment in government or local government administration, with membership in supervisory councils of companies with the participation of the State Treasury, membership in supervisory councils of companies with the participation of entities local government, as well as with the mandate of the Member, the senator or the councillor of the local government unit.
16. The President of the Management Board of the National Fund shall represent the National Fund on the outside, making all legal acts on the rights and obligations of the property of the National Fund, subject to Art. 400k ust. 4.
17. The President of the Management Board of the National Fund shall act in matters of labour law in relation to the employees of the National Bureau of the Fund.
18. The President of the Management Board of the National Fund employs employees of the National Fund of the Fund in managerial positions after consulting the Management Board of the National Fund.
Art. 400j. [ Boards of Voivodship Funds] 1. Governments of the voivodship funds shall count from 2 to 5 persons.
2. Governments of the voivodship funds shall constitute:
1) governors of the Board of Governors of the Funds,
2) Deputy Governors of the Management Board of the Voivodship Funds
-appointed and dismissed by the authorities of the voivodships, at the request of the supervisory boards of the voivodship funds.
3. The appointment referred to in the paragraph. 2, constitutes the establishment of employment on the basis of appointment within the meaning of the provisions of the Labour Code.
4. Funding of a member of the management board of the voivodship shall not be combined with employment in government or local government administration, membership in supervisory boards of companies with the participation of the State Treasury, membership in supervisory boards of companies with the participation of entities local government, as well as with the mandate of the Member, the senator or the councillor of the local government unit.
5. The Presidents of the Board of Governors of the Funds shall represent the voivodship funds on the outside, making all legal acts on the rights and obligations of the Voivodship funds, subject to Art. 400k ust. 5.
6. The Presidents of the Voivodship Management Board shall act in matters of labour law in relation to the employees of the provincial offices of funds.
7. The Presidents of the Voivodship Management Board shall employ staff of the provincial offices of funds in managerial positions after consulting the management boards of the voivodship funds.
Article 400k. [ Tasks of the Management Board of the National Fund and Board of Governments of Funds] 1. The tasks of the Management Board of the National Fund and the Board of Governments of the Funds shall be respectively
1) developing projects of plans of the National Fund's activities and plans for the activities of the voivodship funds, whose parts are financial plans;
2) the development of draft annual financial plans;
3) making a selection of ventures to finance from the funds of the National Fund and the Voivodship Funds;
4) the management of the funds of the National Fund and the voivodship funds, subject to the powers of the Supervisory Board of the National Fund and the Supervisory Boards of the voivodship funds;
5) controlling the use of loans and grants awarded from the funds of the National Fund and the Voivodship Funds;
6) developing analyses and assessments of ecological efficiency of the functioning of the National Fund and the Voivodship Funds;
7) submission to the Supervisory Board of the National Fund and supervisory counties of the voivodship funds reports on the activities of the National Fund and the Voivodship Funds;
8) giving an opinion on the possibility of assistance from the National Fund and provincial tasks funds of regional environmental directors on the historical pollution of the land area covered by the schedules in question in Article 101j ust. 1, and to the extent of direct threats to the detriment of the environment or damage to the environment covered by the schedules referred to in Art. 16a of the Act of 13 April 2007. of preventing damage to the environment and repair thereof.
2. The tasks of the National Fund of the Fund shall also be:
1) developing the projects of the common strategy of the National Fund and the Voivodship Funds and projects of the National Fund Strategy, after consulting the Minister responsible for regional development and the minister competent for affairs energy as to the arrangements contained therein;
2) develop draft financial plans in a task-based arrangement;
3. the compilation and transmission of quarterly information on the entities paying the fees referred to in Article 3 (3). 14 para. 1 and Art. 17 para. 1 and 2 of the Act of 20 January 2005. o the recycling of end-of-life vehicles (Dz. U. of 2016 r. items 803 and 1948), giving the name, the registered office and address, the name and address of those entities, the amount of the amount paid in respect of the fee and the date of payment within the meaning of the art. 60 of the Act of 29 August 1997. -Tax Ordinance, by the end of the month following the end of the quarter to which this information relates;
4. the drawing up and transmission of the Minister responsible for the environment, by 30 June of the following year for the previous calendar year, of the following:
(a) the accumulated revenue from the fees referred to in Article 14 para. 1 and Art. 17 para. 1 and 2 of the Act of 20 January 2005. the recycling of end-of-life vehicles,
(b) the municipalities that have received funding for the collection of abandoned end-of-life vehicles,
(c) the counties that have received funding for the collection of end-of-life vehicles;
(5) the drawing up and transmission of information on the accumulated effects of the measures referred to in Article 4 to the Minister responsible for the collection of information on the collection of information on the collection of information on the collection of 15 para. 3 point 2, art. 62 ust. 6 and the proceeds of the fees referred to in Article 72 par. 2 and Art. 77 par. 2 of the Act of 11 September 2015. with the used electrical and electronic equipment (Dz. U. Entry 1688), by 30 June of the following year for the previous calendar year.
3. The tasks of the provincial authorities of the funds shall also be:
1) develop draft strategies of the Voivodship Funds;
2) drawing up and forwarding to the Chief Inspector of the Environmental Protection quarterly information about the companies paying the fees referred to in art. 64 par. 2 and 3 of the Act of 29 July 2005. with the used electrical and electronic equipment (Dz. U. of 2013 r. items 1155, of 2014 items 1322 and 1662 and of 2015 items 881 and 1688), stating the company, the designation of the registered office and the address of those traders and the amount of the amount paid for the given fee, by the end of the month after the end of the quarter to which this information relates.
4. For the making of legal acts on the rights and obligations of the property of the National Fund, in addition to the President of the Management Board of the National Fund, there are authorized two persons, acting together, from among:
1) other members of the National Fund Board;
2) plenipotentiaries appointed by the President of the Management Board of the National Fund, operating within the limits of their solicitation.
5. In addition to the legal acts concerning the rights and obligations of the voivodship funds, in addition to the governors of the management boards of the voivodship funds, there are two persons, acting together, among the following:
1) other members of the management boards of the Voivodship Funds;
2) plenipotentiaries appointed by the Governors of the Board of Governors of the Funds, operating within the limits of their solicitation.
6. Making by the persons referred to in the mouth. 4 and 5, legal action on the rights and obligations of the National Fund and the Voivodship Funds without the conduct of the mode specified in Art. 400h ust. 1 point 3 does not invalidate this legal action in relation to third parties.
(7) The Minister responsible for the environment, guided by the need to harmonise the information, shall determine, by means of a regulation, the manner in which the information referred to in paragraph is to be transmitted and the models referred to in paragraph 1. 2 points 3 to 5.
Article 400l. [ Bureau of Funds] 1. The work of the National Fund of the Fund shall be headed by the President of the Management Board of the National Fund by the Director of
2. Director of the National Bureau of the Fund shall appoint and dismiss the President of the Board of National Fund
3. The appointment referred to in the paragraph. 2, constitutes the establishment of employment on the basis of appointment within the meaning of the provisions of the Labour Code.
4. The work of the provincial offices of funds shall direct the governors of the Board of Governors of the Funds.
Art. 400m. [ Recruitment of candidates for employment on vacant posts in the National Fund of the Fund and in the offices of the voivodship funds] 1. The recruitment of candidates for employment on the vacant positions of work in the National Fund of the Fund and in the offices of the voivodship funds shall be open and competitive.
2. Announcement of recruitment of candidates for employment in:
1. The National Fund of the Fund shall be published in a place which is widely available at the National Fund's headquarters and in the Public Information Bulletin of the National Fund;
2) the office of the voivodship fund shall be published in a place commonly available at the seat of the Voivodship Fund and in the Public Information Bulletin of the Fund.
(3) Information on candidates who have made themselves known shall constitute public information within the scope of the requirements set out in the notice of the recruitment.
4. The deadline for the submission of documents, specified in the notice of the appointment, shall not be less than 14 days from the date of publication of this notice in the Public Information Bulletin.
5. After the expiry of the deadline for the submission of the documents specified in the notice of recruitment, the list of candidates who meet the formal requirements specified in the notice of appointment shall be immediately disseminated by placing in:
1) a place commonly available at the headquarters of the National Fund and in the Public Information Bulletin of the National Fund;
2) a place commonly available at the seat of the voivodship fund and in the Public Information Bulletin of the Fund.
6. The list referred to in paragraph. 5, contains the names of candidates and their place of residence within the meaning of the provisions of the Civil Code.
7. The protocol of the recruitment of candidates for job vacancies in the National Fund of the Fund and in the offices of the voivodship funds shall be drawn up.
8. The protocol referred to in paragraph 1 7, shall include in particular:
1) determining the position of the work for which the recruitment was conducted, the number of candidates and the names, surnames and addresses of no more than 5 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the appointment;
2. information on the methods and techniques used for the recruitment;
3) justification of the choice made.
9. Information on the recruitment result shall be disseminated within 14 days from the date of employment of the selected candidate or the termination of the recruitment, where no candidate has been recruits in the result of the recruitment.
10. The information referred to in paragraph 1. 9, contains:
1) the name and address of the office in which the recruitment was conducted;
2) determine the position of the work;
3) the name of the candidate and his place of residence within the meaning of the provisions of the Civil Code;
4) justification of the choice made by the candidate or justification for the non-employment of any candidate.
(11) Information on the outcome of the recruitment process shall be disseminated to:
1) a place commonly available at the headquarters of the National Fund and in the Public Information Bulletin of the National Fund;
2) a place commonly available at the seat of the voivodship fund and in the Public Information Bulletin of the Fund.
(12) If the employment relationship of a person who has been chosen by recruitment has ceased within three months of the date of establishment of the employment relationship, another person may be recruited from among the best candidates listed in the minutes of the recruitment process. The provisions of the paragraph 9-11 shall apply mutatis mutandis.
Article 400n. [ Accounting rules] The rules governing the accounting of the National Fund and the Voivodship Funds shall determine the accounting rules.
Article 400o. [ Statue] The Minister responsible for the environment in agreement with the Minister responsible for public finance shall give the National Fund, by way of regulation, the statutes setting out the internal organisation of the National Fund, the mode of operation of its organs and the manner of granting of proxies, guided by the need to ensure the smooth operation of the National Fund and the proper use of public funds collected by the National Fund in order to implement the principle of sustainable development.
Art. 400p. [ Voivodship Statutes] The internal organisation of the voivodship funds, the detailed mode of operation of their bodies and the manner of granting of proxies determine the statutes of the voivodship funds issued, by way of a resolution, by the Sejmics of the voivodships
Article 400q. [ Financial Economy] 1. The National Fund and the voivodships shall carry out a self-contained financial economy, covering from the funds held and the received proceeds expenses for the financing of the tasks defined in the Act and the costs of the activities.
2. The National Fund and the voivodships shall carry out a financial economy in such a way as to ensure the full use of funds from the European Union which are not reimbursable for environmental protection and the water management.
3. The basis of the financial economy of the National Fund and the Voivodship Funds is the annual financial plan.
4. The National Fund and the voivodship funds shall be extracted in the annual financial plans:
1) income from operations;
2) grants from the state budget or budgets of local government units;
3) costs, including:
(a) the remuneration and the premiums charged to them,
(b) interest payments arising from the commitments entered into,
(c) purchase of goods and services;
(4) resources for property expenditure;
5. funds transferred to other entities;
6. the state of receivables and liabilities at the beginning and end of the year
7) the state of cash at the beginning and end of the year.
5. In the annual financial plan of the National Fund, changes in revenues and expenses may be made after obtaining the consent of the Minister responsible for the environment, issued after obtaining the opinion of the Sejm of the committee responsible for budget matters. The Minister responsible for public finance shall be informed immediately of any changes made.
6. The National Fund shall draw up a financial plan in the Task Force for the financial year and two consecutive years, in the arrangement of the State functions, budgetary tasks and sub-tasks.
7. The Council of Ministers will determine by way of regulation a detailed way of running the financial economy of the National Fund and the Voivodship Funds, guided by the need to ensure a uniform way of earmarking public funds for implementation the principles of sustainable development and the observance of public finances.
Art. 400r. [ Supervision of the activities of the National Fund] 1. The supervision of the activities of the National Fund shall be exercised by the Minister responsible for environmental matters.
2. Resolutions of the Supervisory Board of the National Fund shall be transferred within 7 days from the date of their adoption of the Minister of the competent environmental affairs.
3. The Uchwała Supervisory Board of the National Fund contrary to the law is invalid.
4. The nullity of the resolution in whole or in part shall decide, by decision, by the supervisory authority within 14 days from the date of receipt of the resolution.
(5) The supervisory authority, when initiating proceedings for the annulment of a resolution, may suspend its execution.
6. In the cases of annulment of the resolution, the provisions of the Code of Administrative Procedure shall apply accordingly.
7. After the expiry of the period referred to in paragraph. 4, the supervisory authority may not, in its own scope, annul the resolutions of the Supervisory Board of the National Fund.
8. After the expiry of the period referred to in paragraph. 4, the supervisory authority may challenge the resolution to the administrative court.
9. In the case referred to in paragraph. 8, the issue of the order on the cessation of execution of the resolution shall be held by the administrative court.
10. The provisions of the paragraph. 2-9 shall apply mutatis mutandis to the voivodship funds, with the fact that the supervisory authorities are of the voivodship.
Article 401. [ Funds Revenues] 1. The contributions of the National Fund and voivodship funds shall be the proceeds from the fees for the use of the environment and administrative fines levied on the basis of the Act and the special provisions.
2. National Fund and provincial funds may be voluntary contributions, transcripts, donations, benefits in kind and receipts from foundations and receipts from projects organised for the protection of the environment and water management.
3. The revenue of the National Fund and the Voivodship Funds may be the funds coming from the budget of the European Union and funds from foreign sources, non-refundable, other than the funds deriving from the budget of the European Union.
4. The National Fund and the voivodship funds may receive grants from the state budget in the scope specified in the separate laws.
5. The revenues of the National Fund and the Voivodship Funds may also be revenues from the issuance of own bonds and other revenues related to the activities of these funds.
6. The National Fund and the voivodship funds may take out loans and loans.
7. The National Fund of the Fund shall also be:
1) the proceeds of the fees referred to in art. 210 par. 1;
(1a) receipts from monetary penalties imposed on the basis of art. 315a;
2) the proceeds of the charges, referred to in Chapter VII of the Act-Geological and Mining Law;
2a) the proceeds of the guarantee fees and the supplementary guarantee fees referred to in art. 28e (b) 4 and art. 28f ust. 1 act-Geological and Mining Law;
3) receipts from the receivables and fees referred to in art. 142 of the Law of 18 July 2001. -Water rights;
4) receipts from the replacement fee referred to in art. 9a ust. 1 point 2 of the Act of 10 April 1997. -Energy law (Dz. U. of 2017 items 220);
(4a) receipts from the replacement fee referred to in Article 4 (a). 11 of the Act of 20 May 2016. energy efficiency (Dz. U. Entry 831);
(4b) receipts from the replacement fee referred to in Article 4 (b). 52 par. 1 point 2 of the Act of 20 February 2015. o renewable energy sources (Dz. U. Entry 478 and 2365 and of 2016 items 925, 1579 and 2260);
5) (repealed)
6) (repealed)
7) the proceeds of the fees referred to in art. 13 (1) 1 and 2 of the Act of 12 June 2015. a scheme for greenhouse gas emission allowance trading;
7a) the amount of the reductions referred to in Article 402 ust. 4a;
8) receipts from product fees levied on the basis of regulations on the obligations of entrepreneurs in the management of certain wastes and on the product fee;
8a) the means provided by the introductory packages on the basis of the art. 19 (1) 4 point 2 of the Act of 13 June 2013. the economy of packaging and packaging waste (Dz. U. of 2016 r. items 1863, 1948 and 2255) in the performance of the obligation to conduct public educational campaigns;
8b) receipts from product fees referred to in art. 34 par. 2 and Art. 37 par. 2 of the Act of 13 June 2013. the management of packaging and packaging waste;
9) the proceeds of the fees referred to in art. 14 para. 1, art. 17 para. 1 and 2 and Art. 43a ust. 2 of the Act of 20 January 2005. the recycling of end-of-life vehicles;
10) receipts from the fees referred to in art. 72 par. 2 and Art. 77 par. 2 of the Act of 11 September 2015. with used electrical and electronic equipment;
(11) receipts from the measures referred to in Article 15 para. 3 points 2 and art. 62 ust. 6 of the Act of 11 September 2015. with the use of electrical and electronic equipment in order to carry out public education campaigns;
11a) proceeds from the administrative fines imposed on the basis of the Act of 14 December 2012. Of waste;
11b) (repealed)
(12) receipts from monetary penalties imposed on the basis of art. 32 and 33 of the Act of 29 June 2007. on the international shipment of waste (Dz. U. of 2015 items 1048 and of 2016 items 1948);
13) (repealed)
13a) the proceeds of the fees referred to in art. 65 par. 1 of the Act of 24 April 2009. with batteries and accumulators (Dz. U. of 2016 r. items 1803);
(14) receipts from the reference made on the basis of art. 47 § 2 of the Act of 6 June 1997. -Penal Code (Dz. U. of 2016 r. items 1137 and 2138).
7a. The revenues referred to in paragraph 1. Article 7 (14) is intended solely for environmental protection purposes.
8. The funds of the voivodship funds are also:
1) (repealed)
2) the proceeds of the monetary penalties referred to in art. 9y ust. 1 and 2, art. 9z ust. 1, 2, 4 and Art. 9z of the Act of 13 September 1996. keeping cleanliness and order in the municipalities (Dz. U. of 2016 r. items 250, 1020, 1250, and 1920).
Art. 401c. [ Purpose of the Fund's National Measures] 1. The resources of the National Fund in the amount not less than the amount of revenues referred to in art. 401 (s) Point 1, after deduction of the costs of handling these revenues, shall be devoted to the financing of the tasks of the Minister responsible for the environment referred to in Article 4 (1). 206 and 212.
2. The funds of the National Fund in the amount of not less than half of the amount of the revenues referred to in art. 401 (s) Article 7 (2), after deduction of the costs of servicing these revenues, shall be allocated to:
1) financing geology needs for the benefit of the country;
2) (repealed)
3) financing the implementation of the tasks of the National Administrator of Underground Carbon Dioxide Storage, except for the tasks referred to in art. 28e (b) 2 of the Act-Geological and Mining Law.
2a. Means of the National Fund in no less than the amount of revenues referred to in art. 401 (s) Point 2a, after deduction of the costs of servicing these revenues, is intended to finance the implementation of the tasks of the National Administrator of Underground Carbon Dioxide Sites, referred to in art. 28e (b) 2 of the Act-Geological and Mining Law.
3. The resources of the National Fund in the amount of not less than half of the amount of the revenues referred to in art. 401 (s) Point 2, after deduction of the costs of handling these revenues, is intended to finance mining needs to reduce the negative impact on the environment resulting from the mining and winding down of mining plants.
4. The resources of the National Fund in no less than the amount of revenues referred to in art. 401 (s) Article 7 (3), after deduction of the costs of servicing these revenues, shall be allocated to:
1. maintenance of water cadastre;
2. development of water management plans;
3) rebuilding of ecosystems degraded by the inaccurate exploitation of water resources;
4) the development and release of information and publication on the infrastructure of inland waterways.
5. The resources of the National Fund in the amount not less than the amount of revenues referred to in art. 401 (s) Points 4 to 4b shall be allocated to support, after deduction of the costs of servicing these revenues:
1) improvement of energy efficiency, including high-efficiency cogeneration, within the meaning of the Act of 10 April 1997. -Energy law;
2) thermomodernization projects within the meaning of the Act of 21 November 2008. to support thermomodernisation and refurbishing (Dz. U. of 2017 items 130);
3) the development of the installation of a renewable energy source within the meaning of the Act of 20 February 2015. of renewable energy sources, together with the necessary electricity or heat generation facilities and equipment, and the construction or conversion of networks for the connection of these installations, in particular for:
(a) the acquisition or assembly of micro-installations or small installations within the meaning of the Act of 20 February 2015. o renewable energy sources,
(b) the acquisition of gas-reducing stations enabling the installation of a renewable energy source to be used for the production of agricultural biogas;
4) development of the production of renewable energy installations on the territory of the Republic of Poland;
5) other activities related to installations of a renewable energy source or the generation of energy from these sources, in particular on:
(a) to promote the generation of electricity in installations for a renewable energy source or to use the energy generated in those installations,
(b) the development or implementation of new technologies or technologies for the generation of electricity in installations for renewable energy sources or the use of energy produced in these installations;
6) the implementation of the tasks of the Minister responsible for energy security for ensuring the country's energy security and shaping the conditions for the proper functioning and development of the energy sector, resulting from the principle of sustainable development and in accordance with the State's energy policy;
7) projects in the field of energy security of the country, including security of energy supply, energy raw materials and fuels;
8) projects related to the development of energy infrastructure, including the functioning of energy systems, taking into account the principles of the rational economy and the needs of the country's energy security.
6. (repealed)
7. (repealed)
8. The resources of the National Fund in no less than the amount of revenues referred to in art. 401 (s) Points 7 and 7a, after deduction of the costs of handling these revenues, shall be devoted to the financing of the tasks of the National Balance-balancing and Emission Management Centre referred to in Article 7 (1) of Regulation (EU) No 775,b. 3 para. 1 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances.
9. Means of the National Fund in no less than the amount of revenues referred to in art. 401 (s) Points 8 to 11a, 12, and 13a, after deduction of the costs of handling these revenues, shall be allocated to:
1) subsidize projects and tasks related to waste management, waste prevention and environmental education;
2) (repealed)
2a) to support activities aimed at countering illegal activities in the processing of end-of-life vehicles;
3) the establishment and implementation of the database of products and packaging and of waste management as referred to in the Act of 14 December 2012. Of waste;
4. to finance activities in the field of:
(a) the management of waste in the cases referred to in Article 23-25, of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006. on shipments of waste,
b) training of public administration bodies performing the duties of the Republic of Poland related to the control and supervision of the international shipment of waste,
(c) the purchase of equipment and software for the bodies referred to in point (b);
5) the execution of tests and measurements related to the waste by the authorities of the Inspectorate of Environmental Protection and laboratory tests in the content of heavy metals in batteries or accumulators by the Trade Inspection.
9a. The resources of the National Fund not less than the amount of revenues referred to in art. 401 (s) Point 1a, after deduction of the costs of servicing these revenues, shall be allocated to:
1) preparation, development and updating of air protection programmes and short-term action plans;
2) the implementation of air protection programmes and short-term action plans;
3) measurements and assessment of air quality in zones where the limit levels or target levels of the substance in the air are exceeded.
10. The obligations of the National Fund relating to the earmarking of funds for the purposes referred to in paragraph. 1-9a, are multiannual commitments.
11. The amount of the obligations laid down in the paragraph. 1-9a may be reduced with the consent of the Minister responsible for the environment. When granting the consent, the Minister responsible for the environment shall take account in particular of the need for the implementation of the principle of sustainable development, strategy, programmes and programming documents referred to in Article 4. 14 para. 1, and the obligations laid down in the laws of the European Union and international agreements to which the Republic of Poland is a party.
12. Financing of objectives other than those referred to in paragraph. 1-9a of the National Fund's revenue listed in art. 401 (s) 7 shall only be carried out in the form of loans referred to in Article 3. 411 par. 1 point 1.
(13) Where, within the framework of the undertaking referred to in paragraph 1, 5, the measures are intended to support the development of:
1. installations using biomass power generation, shall be supported in particular by technologies with an energy conversion efficiency of at least 85% in the case of their use in self-contained dwellings or Premises of a different purpose within the meaning of the Act of 24 June 1994 about the ownership of the premises (Dz. U. of 2015 items 1892), and in the case of their use in industrial installations at least 70%;
2. heat pumps, in particular heat pumps, meeting the minimum eco-label requirements set out in Commission Decision 2007 /742/EC of 9 November 2007. establishing the ecological criteria for the award of the Community eco-label to electrically, gas-powered, or gas-absorbing heat pumps (Dz. Urz. EU L 301, 20.11.2007, p. 14, of late. zm.);
3) installations using the heat generation of solar radiation, the support shall include, in particular, technologies based on European standards, including installations subject to eco-label, labelling energy.
14. When assessing the efficiency of energy conversion and the ratio of input power to the output power of the installation referred to in paragraph. 13, the procedures in force in the law of the European Union or in international law shall apply in particular.
Art. 401d. [ Receipts from sales contracts of units] 1. The revenue of the National Fund shall also be the proceeds from the sale of Kyoto units referred to in art. 19a of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances.
2. Proceeds from the sale of assigned amount units collected on the climate account referred to in art. 23 (1) 1 of the Act of 17 July 2009. the system for the management of greenhouse gas emissions and other substances, less the cost of their handling, shall be devoted to:
1) subsidise tasks related to supporting projects carried out within the programmes and projects covered by the National Green Investment Scheme referred to in art. 22 par. 1 of the Act of 17 July 2009. the scheme for the management of greenhouse gas emissions and other substances;
(1a) refinancing:
(a) the National Fund for the costs associated with the allocation of appropriations other than those referred to in paragraph 1. 1,
(b) to the provincial fund for the allocation of funds
-for the financing of programmes or projects in the areas referred to in Article 22 par. 2 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances, including costs related to the transfer of funds to the revenue of the State budget for the purpose of financing the tasks of the state budget units, covering the implementation of those programmes or projects;
2) coverage of expenses related to the support of the Consultative Board referred to in art. 24 ust. 1 of the Act of 17 July 2009. the scheme for the management of greenhouse gas emissions and other substances;
3) cover the costs associated with the performance of tasks referred to in art. 25 par. 2 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances.
Article 402. [ Receipts for fees and penalties] 1. The Management Board of the Voivodeship and the voivodship of the environmental protection inspector shall conduct the extracted bank accounts for the collection and redistribution of the proceeds referred to in art. 401 (s) 1. These inflows, increased by the revenues from the interest rates on bank accounts, are transferred to the bank accounts of the National Fund, the voivodship funds and on the accounts of budgetary districts and budgets of the communes, by the end of the next months after their impact on the extracted bank accounts of the voivodship board and the provincial environmental protection supervisor.
1a. The Board of Governors shall avenge the influence referred to in art. 401 (s) 1, increased by the revenue from the interest rate on the bank account, the fees paid for the enforcement of receivables and the costs of handling the bank account.
1b. (lost power)
2. Provincial environmental inspector prior to the transfer of the proceeds from the penalties to the accounts of the National Fund and the voivodship funds referred to in the paragraph. 1, shall be reduced by 20%, and the amount resulting from the reduction shall be paid to the revenue of the State budget.
2a. The Management Board of the voivodship before the transfer to the account of the National Fund and the voivodship funds of the proceeds of the fees referred to in art. 401 (s) 1, shall be reduced by:
1) 3%-in the case of voivodships, in which the proceeds from the fees in the previous calendar year amounted to PLN 100 million;
2) 1,5%-in the case of voivodships in which the proceeds from the fees in the previous calendar year amounted to above PLN 100 million.
2b. The amount obtained from the reduction referred to in paragraph 2 (b). 2a, shall be allocated to:
1) creating and modifying databases containing information about entities that use the environment;
2. employing persons dealing with the control and recovery of fees for the use of the environment.
3. In the event of untimely transfer of the influence referred to in paragraph. 1, these receipts shall be transferred with interest on arrears as defined by the provisions of the Act-Tax Ordinance.
4. Proceeds of the fees and penalties account for 20% of the municipal budget revenue, and in 10%-the income of the county budget, subject to the paragraph. 4a, 5 and 6.
4a. Proceeds from the charge for the entry into the air of sulphur dioxide (SO2) and oxides of nitrogen (NOx) before the distribution referred to in paragraph 1. 4, shall be reduced by an amount representing 7,5% of these receipts, which constitutes the revenue of the National Fund.
4b. The Board of Governors shall transfer the amount of the reduction referred to in paragraph. 4a, to the bank account of the National Fund.
5. Proceeds from the fees for the removal of a tree or shrub and the penalties referred to in art. 88 ust. 1 of the Act of 16 April 2004. o Nature conservation, constitute in full the revenue of the municipality's budget, with the exception of the proceeds of the fees and penalties imposed by the starostia, which constitute in full the income of the district's budget, and the proceeds of the fees and penalties imposed by the Marshal of the Voivodeship, which account for 35% of the revenue of the National Fund and in 65% of the provincial fund.
6. Proceeds on charges and penalties for the storage and storage of waste shall constitute 50% of the revenue of the municipality's budget and in 10% of the revenue of the district budget in which the waste is stored. If the landfill is located in the area of more than one district or more than one municipality, the income shall be divided in proportion to the areas occupied by the landfill in the area of these districts and municipalities.
7. Proceeds of the fees and penalties after the breakdown referred to in paragraph 1. 4 or 6, they account for 35% of the revenue of the National Fund and in 65% of the provincial fund.
8. (repealed)
8a. Proceeds from the financial penalties referred to in Article 32 and 33 of the Act of 29 June 2007. on the international shipment of waste, the voivodship of environmental protection inspectors shall transfer to the bank account of the National Fund within the deadline until the end of the following month after the end of each quarter.
9. (repealed)
10. (repealed)
11. (lost power)
12. (repealed)
13. (lost power)
14. (repealed)
15. (repealed)
16. (lost power)
Article 403. [ Tasks of powiats and municipalities in the area of financing environmental protection and water management] 1. The tasks of the powiats include the financing of environmental protection and water management within the scope specified in art. 400a ust. 1 points 2, 5, 8, 9, 15, 16, 18, 21 to 25, 29, 31, 32 and 38 to 42 in an amount not less than the amount of the revenue for the fees and penalties referred to in Article 3 (1) (a) (a) of the basic Regulation. 402 ust. 4, 5 and 6, which constitute the revenue of the powiats ' budgets, less the surplus on those revenues transferred to the voivodships.
2. The tasks of its own municipalities shall be the financing of the protection of the environment and water management within the scope set out in art. 400a ust. 1 points 2, 5, 8, 9, 15, 16, 21 to 25, 29, 31, 32 and 38 to 42 shall not be less than the amount of the proceeds of the fees and penalties referred to in Article 3 (1) (b), (b) and (2) of the Regulation. 402 ust. 4, 5 and 6, which constitute the revenue of the municipalities ' budgets, less the surplus on those revenues transferred to the voivodships.
3. Financing of environmental protection and water management referred to in paragraph. 1 and 2, shall take place in the mode specified in the separate provisions, subject to the paragraph. 4-6.
4. Financing of environmental protection and water management referred to in paragraph. 1 and 2, may rely on the grant of a deliberate grant within the meaning of the provisions of the Act of 27 August 2009. on public finances from the budget of the municipality or the district budget to finance or subsidising the investment costs:
1) entities not included in the public finance sector, in particular:
(a) natural persons,
(b) housing communities,
(c) legal persons,
(d) entrepreneurs;
2) units of the public finance sector which are municipal or district legal persons.
5. The rules for the award of the special-purpose subsidy referred to in paragraph 1. 4, covering, in particular, the criteria for the selection of investments to be financed or subsidised and the procedure for granting the grant and the manner in which it is cleared shall be determined by the Municipal Council or by the Council of the district by way of a resolution.
6. The sharing of the special-purpose subsidy referred to in paragraph. 4, shall take place on the basis of a contract concluded by the municipality or district with the entities referred to in the paragraph. 4. Where the grant constitutes State aid or de minimis aid, the grant shall take account of the conditions of admissibility of the aid laid down in the provisions of European Union law.
Art. 404. [ Surplus of revenues transferred to the appropriate provincial fund] 1. Gmines and powiats, whose income from fees and penalties referred to in art. 402 ust. 4, 5 and 6, are greater than 10 times the average national income of the previous year per capita, calculated respectively for municipalities and powiats, transfer the surplus from these revenues to the competent provincial fund.
2. The Minister of competent environmental affairs announces, by means of the Notice, in the Official Journal of the Republic of Poland "Monitor Polski" the average national income of the communes and powiats referred to in art. 402 ust. 4, 5 and 6, achieved in the previous year, by the end of the first half of the next year.
3. The Munichments and powiats shall make the contributions referred to in paragraph. 1, for the account of the relevant voivodship fund, by the deadline of 15 August of the year following the year in which the surplus occurred.
(4) Interest shall be calculated on the amounts not paid in time at the rate fixed for tax arrears.
Art. 410a. [ Measures to be used for the dismantling of end-of-life vehicles] 1. (repealed)
2. (repealed)
2a. (repealed)
3. (repealed)
3a (repealed)
3b. (repealed)
3c. (repealed)
4. The National Fund may subsidise investment activities in the scope of dismantling of vehicles withdrawn from the operation of an entrepreneur conducting a dismantling station, which together meets the following conditions:
1) have the decisions required in connection with the conduct of the dismantling station;
(2) he/she has submitted a report within the time limits containing the information referred to in Article 3. 75 par. 2 points 1 and 4 of the Act of 14 December 2012. Waste.
5. The National Fund may subsidise investment activities in the management of waste arising from the dismantling of vehicles withdrawn from the operation of the entrepreneur conducting the dismantling station and the entrepreneur conducting the shredder, or another installation of the treatment, recovery or recycling of waste from end-of-life vehicles, which has the required waste management decisions and meets the requirements of the waste regulations.
6. The National Fund may fund investment activities in the field of collection of end-of-life vehicles to the operator of a vehicle collection point, which has the required waste management decisions and meets the requirements of specified in the waste legislation.
Art. 410c. [ Funding of environmental and water management tasks carried out by budget units] 1. The funds of the National Fund and the voivodship funds may be allocated to the funding of environmental and water management tasks carried out by the budget units.
2. In the budget of the State, a special-purpose reserve shall be created in the amount corresponding to the amount of funds transferred to the state budget units by the National Fund and voivodship funds for the revenue of the state budget.
Art. 410d. [ The purpose of the funds to support projects and investments outside the country] The funds of the National Fund may be used with the consent of the Minister responsible for the environment to support projects and investments in the field of environmental protection and water management outside the country, if this is connected with environmental security The Republic of Poland, subject to art. 410e.
Art. 410e. [ Purpose of measures other than revenue] 1. National funds of the Fund other than the revenue referred to in Article 401 (s) 7, and other than the proceeds from the sale of the units allocated to the Climate Account referred to in Article 3 (1) of Regulation (EC) No 73/EC, as referred to in Article 4 23 (1) 1 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances, may also be used, with the consent of the Minister responsible for the environment, on:
1. the provision of assistance in the framework of international development cooperation for States not listed in Annex I to the United Nations Framework Convention on Climate Change, drawn up in New York on 9 May 1992. (Dz. U. of 1996. items 238), hereinafter referred to as "the Climate Convention";
2) making payments to international organizations, institutions, programmes and funds, ensuring the functioning of financial mechanisms for the implementation of the objectives of the Climate Convention.
2. The aid referred to in paragraph 2. 1 point 1, shall be provided for the promotion of projects and investments from the scope of:
1) to reduce or avoid greenhouse gas emissions;
2) the removals or sequestration of carbon dioxide (CO2);
3) adaptation to climate change;
4. Institutional reinforcement.
3. National Fund resources other than the revenue referred to in Article 3 401 (s) 7, and other than the proceeds from the sale of the units allocated to the Climate Account referred to in Article 3 (1) of Regulation (EC) No 73/EC, as referred to in Article 4 23 (1) 1 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances, intended for the tasks referred to in paragraph 1. 1, carried out by the state budget unit, shall be transferred to that entity in accordance with the art. 410c ust. 2.
Art. 410f. [ Purpose of the funds for compensation] The funds of the National Fund shall also be devoted to compensation resulting from the non-performance or improper performance of contracts for the sale of assigned amount units, concluded on the basis of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances.
Article 411. [ Ways of financing the activities of the National Fund] 1. Financing of the activities referred to in art. 400a ust. 1 and Art. 410a ust. 4-6, from the funds of the National Fund and the voivodship funds shall take place by:
(1) the provision of interest-bearing loans, including loans intended for the preservation of financial liquidity of projects co-financed by the European Union;
2. grant of grants, including:
(a) interest payments on bank loans,
(b) making partial repayments of the capital of bank loans,
(c) interest rate subsidies or bond buyback price,
(d) (repealed)
(e) payment of instalments or other charges to be fixed in leasing contracts within the meaning of the provisions of the Article. 23a point 1 of the Act of 26 July 1991. o Income tax on individuals (Dz. U. of 2016 r. items 2032 and 2048 and of 2017 items 60) and art. 17a point 1 of the Act of 15 February 1992. o corporate income tax (Dz. U. of 2016 r. items 1888, 1926, 1933 and 1948 and of 2017. items 60);
3) awards for environmental and water management activities, not related to the performance of duties of employees of government and local government administration.
1a. (repealed)
1b. (repealed)
1c. (repealed)
1d. Financing of expenditure for the work referred to in Article 7 ust. 2 of the Act of 14 July 2000. the financial restructuring of sulphur mining is carried out in the form of grants.
1e. The total amount of the funds earmarked for the financing referred to in paragraph 1. 1d, specifies the annual financial plan of the National Fund.
1f. The amount of the grant referred to in paragraph 1. 1d, specifies a detailed schedule of the decommissioning and rehabilitation work covering the type and scope of tasks, the amount of the necessary inputs and the time of their implementation approved by the National Fund.
1g. The subsidy referred to in paragraph 1. 1d, used inaccordance with the detailed schedule of the decommissioning and rehabilitation work is refundable to the National Fund.
2. The allocation of resources to finance the needs of geology requires consultation of the Minister responsible for the environment, and for the financing of the needs of mining-the opinion of the Minister responsible for energy and the President of the Higher Mining Authority.
3. The loans referred to in paragraph. Article 1 (1), excluding loans for the purpose of the financial liquidity of projects co-financed by the European Union, may be partially decommitted, subject to timely performance and the achievement of the planned effects.
3a. The fees referred to in paragraph 1 shall be fixed. Article 1 (2) (c) shall apply to bonds issued for purposes relating to the activities referred to in Article 3 (2) (c), and (c). 400a ust. 1 and Art. 410a ust. 4-6, by entities having legal personality performing tasks in the scope of municipal economy.
3b. The fees referred to in paragraph 1. Article 1 (2) (e) shall apply to instalments or other charges borne by the beneficiary, which shall be determined in contracts for the leasing of fixed assets or intangible assets subject to depreciation and serving the objectives of the the scope of environmental protection or water management.
4. The National Fund and the voivodship funds may have the accounts of foreign exchange funds.
5. The National Fund and the Voivodship Funds may provide guarantees:
1) repayment of loans or loans,
2) repayment of interest on loans or loans,
(3) repayment of the appropriations
-provided that such loans, loans or measures are intended for the purposes of environmental or water management and for the establishment of collateral respectively for the National Fund or the Voivodship for Claims as a result of the performance of the guarantors ' obligations.
5a. The abductions are timely and awarded to the amount specified in the contract.
5b. The National Fund and the Voivodship Funds shall levy a commission fee on guarantees, taking into account in particular the amount of the obligation.
6. The National Fund may take over the obligations of the Minister responsible for the environment, if the allocation of funds by the governments of foreign states and international organizations, in accordance with the arrangements of international agreements, is subject to the granting by the the minister responsible for the environment for the reimbursement of sums paid in whole or in part for the reasons set out in those agreements.
6a. The National Fund may include or acquire shares or shares in companies and acquire bonds issued by other entities than the State Treasury or local government units, with the consent of the minister competent for the environment and the minister appropriate for public finance matters, where this is linked to the development of environmental industry and services.
(7) Applications for loans or grants with a unit value of more than EUR 10 000 000 relating to technical measures designed to reduce the negative impact on the environment, in particular the sewage treatment plant, the electrofilters or landfill sites should include a justification including an analysis of possible alternative organisational, technical or technological solutions aimed at eliminating or reducing the generation of impurities and the introduction of cleaner production.
8. The National Fund and the voivodship funds grant grants, loans, guarantees and transfer funds on the basis of civil-law contracts.
9. The forus of the civil law contract shall not apply to the transfer of funds for awards for environmental and water management activities not related to the performance of duties of employees of government and self-government administration referred to in the paragraph. 1 point 3, if their fundraiser is the National Fund or the voivodship funds.
10. The National Fund and the Voivodship Funds may make available funds to the banks for the provision of bank loans, loans or grants for the programmes and projects they specify in the field of environmental protection tasks and water management as well as the needs of geology, as well as interest rate subsidies or partial repayments of the capital provided for this purpose of bank loans, or the aid referred to in paragraph 1. 1 point 2 (a) e.
10a. The National Fund and the Voivodship Funds may conclude agreements on the provision of financial resources referred to in paragraph. 10, with banks selected on the basis of the procedures laid down by those funds, ensuring respect for the principle of transparency and equal treatment of banks and conclusion of an agreement with each bank meeting objective, proportionate and non-discriminatory the conditions laid down in those procedures.
10b. (repealed)
10c. (repealed)
10d. To select the banks referred to in paragraph. 10a, do not apply the provisions on public procurement.
10e. The agreements referred to in paragraph 1 10a, shall determine in particular the mode and timing of the transfer of banks by the National Fund and the voivodship funds referred to in paragraph. 10.
10f. National Fund may provide financial resources to the voivodship funds for the granting of loans or grants for the programmes and projects it has indicated in the field of environmental and water management tasks and needs geology.
11. The funds assigned to the National Fund and the Voivodship Funds, originating in foreign aid, are used to finance environmental and water management projects in accordance with the agreements on the basis of which the funds were transferred, and in accordance with the procedures in force in those funds.
Art. 411a. [ Acquisition and participation of shares or shares in companies] 1. The National Fund may acquire shares or shares in companies, if the statutory or statutory object of the activities of these companies is protection of the environment and water management.
2. The National Fund may include shares or shares in companies other than those specified in the paragraph. 1. only in exchange for irrecoverable claims arising out of the agreements concluded with this Fund.
3. The acquisition, acquisition or disposal of shares or shares in companies and the acquisition, acquisition or disposal of bonds, the issuer of which is an entity other than the State Treasury, by the National Fund shall require the consent of the minister competent for the environment. Article Article 15 of the Act of 16 December 2016. on the principles of state management (Dz. U. Entry 2259) does not apply.
4. Disposition of shares or shares in companies and the divestment of bonds, the issuer of which is an entity other than the State Treasury, by the voivodship shall require the consent of the voivodship's management.
5. The Management Board of the National Fund shall present to the Minister responsible for the environment, once a year, not later than 30 June, information on the shares, shares and bonds held.
6. The management of the voivodships shall present to the authorities of the voivodships and the Minister responsible for the environment, once a year, not later than 30 June, information on the shares held, shares and bonds.
Title VIII
(repealed)
SECTION I
(repealed)
Article 422. (repealed) Art. 423. (repealed) Art. 424. (repealed) Art. 425. (repealed)
SECTION II
(repealed)
Art. 426. (repealed) Article 427. (repealed) Art. 428. (repealed) Art. 429. (repealed) Article 430. (repealed) Art. 431. (repealed) Art. 432. (repealed) Article 433. (repealed) Art. 434. (repealed) Art. 435. (repealed) Art. 436. (repealed)
SECTION III
(repealed)
Art. 437. (repealed) Article 438. (repealed)
SECTION IV
(repealed)
Article 439. (repealed) Article 440. (repealed) Art. 441. (repealed)
TITLE IX
Final provision
Article 442. [ Entry into force] The Act shall enter into force within the period and under the rules laid down in a separate law.
TITLE IX
Final provision
Article 442.
1) This Act shall apply to the implementation of the following directives of the European Union as regards its implementation:
1) Council Directive 87 /217/EEC of 19 March 1987 (OJ 1987 L 81, p. on the reduction and prevention of pollution of the asbestos environment (Dz. Urz. EC L 85 of 28.03.1987, p. 40, z późn. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 8, p. 269);
(2) Council Directive 91 /692/EEC of 23 December 1991 (OJ L 81, 12.1991, p. normalising and rationalising reports on the implementation of certain Directives relating to the environment (Dz. Urz. EC L 377, 31.12.1991, p. 48, z późn. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 2, p. 10);
(3) Council Directive 92/43/EEC of 21 May 1992 (1). on the conservation of natural habitats and of wild fauna and flora (Dz. Urz. EC L 206 of 22.07.1992, p. 7, with late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 2, p. 102);
4) Council Directive 96 /59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated triphenyls (PCB/PCT) (Dz. Urz. EC L 243, 24.09.1996, p. 31, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 3, str. 75);
5) (repealed)
6) of Directive 1999 /94/EC of the European Parliament and of the Council of 13 December 1999. relating to the availability of information on fuel consumption and CO2 emissions for consumers with regard to the marketing of new passenger cars (Dz. Urz. EC L 12 of 18.01.2000, p. 16, with late-night zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 5, str. 3);
(7) Directive 2000 /53/EC of the European Parliament and of the Council of 18 September 2000 (1). on end-of-life vehicles (Dz. Urz. EC L 269, 21.10.2000, p. 34, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 5, str. 224);
8) Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of the environmental noise level (Dz. Urz. EC L 189, 18.07.2002, p. 12, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 7, p. 101);
9) Directive 2004 /107/EC of the European Parliament and of the Council of 15 December 2004. on arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (Dz. Urz. EU L 23, 26.01.2005, p. 3, from late. zm.);
10) Directive 2008 /50/EC of the European Parliament and of the Council of 21 May 2008 on the quality of air and cleaner air for Europe (Dz. Urz. EU L 152 of 11.06.2008, p. 1);
(11) Directive 2008 /56/EC of the European Parliament and of the Council of 17 June 2008. establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Dz. Urz. EU L 164 of 25.06.2008, p. 19);
(12) Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008. on waste and repealing certain Directives (Dz. Urz. EU L 312 of 22.11.2008, p. 3);
(13) Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009. on the conservation of wild birds (Dz. Urz. EU L 20, 26.01.2010, p. 7, with late. zm.);
14) Directive 2010 /75/EU of the European Parliament and of the Council of 24 November 2010. on industrial emissions (integrated pollution prevention and control) (Dz. Urz. EU L 334, 17.12.2010, p. 17);
15) partially Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009. on the promotion of the use of energy from renewable sources amending and following repealing Directives 2001 /77/EC and 2003 /30/EC (Dz. Urz. EU L 140 of 05.06.2009, p. 16, with late-night zm.);
16) Directive of the European Parliament and of the Council 2012/18/EU of 4 July 2012. on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96 /82/EC (Dz. Urz. EU L 197 of 24.07.2012, str. 1).
This Act also provides for the implementation of the provisions of Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006. on the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91 /689/EEC and 96 /61/EC (Dz. Urz. EU L 33 of 04.02.2006, p. 1, from late. zm.).
[ 1] It lost its power on 1 May 2004. based on art. 161 of the Act of 16 April 2004. o Nature conservation (Dz. U. Entry 880), which entered into force on 1 May 2004.
[ 2] It lost its power on 1 May 2004. based on art. 72 of the Act of 19 February 2004. o Fisheries (Dz. U. Entry 574), which entered into force on 1 May 2004.
[ 3] Repealed by Art. 144 point 7 of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. Nr. 199, pos. 1227 and 2010 Nr 119, item. 804), which entered into force on 15 November 2008.
[ 4] Nowadays art. 136d ust. 2 does not contain point 2.
[ 5] It lost power on 2 October 2005. based on art. 65 of the Act of 28 July 2005. o Health care, health and health care areas as well as health resorts (Dz. U. Entry 1399), which entered into force on 2 October 2005.
[ 6] Repealed by Art. 56 point 9 of the Act of 17 July 2009. a system for the management of greenhouse gas emissions and other substances (Dz. U. Nr 130, poz. 1070; ost. 1. Dz. U. 2012 r. items 460), which entered into force on 18 September 2009.
[ 7] The rates of use of the environment are deprecated in the Act.
Toll rates for the use of the environment in force from 1 January 2017 were announced in the Notice of the Minister of the Environment dated 29 June 2016. on the amount of the fee rates for the use of the environment for the year 2017 (M.P. pos. 718).
[ 8] The penalty rates specified in the Act are out of date.
Penalty rates applicable from 1 January 2017 were announced in the Notice of the Minister of the Environment of 10 October 2016. on the level of penalties for exceeding the conditions for entering wastewater into or into the ground, and for exceeding the permissible sound level, for the year 2017 (M.P. pos. 992).
[ 9] The amount of the penalty for exceeding the permissible sound level of the penetrating into the environment is outdated.
Penalty rates applicable from 1 January 2017 were announced in the Notice of the Minister of the Environment of 10 October 2016. on the level of penalties for exceeding the conditions for entering wastewater into or into the ground, and for exceeding the permissible sound level, for the year 2017 (M.P. pos. 992).
