Decree of the Ministry of Finance No. 178 / 1960 Coll.
Decree on measures to protect air purity
Valid
Effective from 01.01.1961
178
DECLARATION
Ministry of Finance
of 1 December 1960
on measures to protect air purity
On the basis of the Resolution of the Government of the Czechoslovak Socialist Republic of 21 October 1960 No 968, the Ministry of Finance provides, in agreement with the State Planning Commission, the Ministry of Health and the Ministry of Agriculture, Forestry and Water:
Preliminary provisions
Air pollution, brought about by the ever-increasing industrialisation of our national economy, and the harmful consequences of pollution resulting from it must be effectively prevented, because human health care, the protection of economic and other animals and vegetation is one of the fundamental tasks of socialist building and is directly linked to the raising of the standard of living of workers. Therefore, care should be taken to ensure that air pollution does not occur where possible and, to this end, to discuss with air pollution undertakings measures that would ensure as much as possible clean air.
(1) Ensuring protection of air cleanliness is carried out in close cooperation with all the relevant actors, i.e. national committees, businesses and their superior departments. All measures to ensure the protection of air cleanliness must be discussed with the relevant undertaking or with its superior ministry (National Committee). Undertakings may be penalised for failure to comply with measures to protect air cleanliness.
(2) Undertakings which pollute the air shall discuss the measures imposed on them to protect the clean air with all their workers. The implementation of these measures should be ensured in collective agreements concluded by workers with the undertaking.
(3) Only measures that are real and feasible can be imposed on the firm, especially in view of the current state of science and technology.
(4) Penalties can only be imposed if the real measures imposed are not fulfilled.
Tasks of the Planning Committees
(1) The measures for the protection of air cleanliness are imposed by the district planning committee, if the air pollution undertaking agrees to implement these measures, in other cases by the regional planning committee. The Regional Planning Commission shall, before its decision, discuss the measures envisaged with the Ministry, which shall include the undertaking to which the implementation of the measure is imposed.
(2) The measures for the protection of air cleanliness are imposed by the Planning Commission of the District National Committee in whose territory there is a source of pollution. If there is a source of pollution in the territory of two (more) counties, the matter shall be discussed by the planning committee of the District National Committee in whose territory the establishment is situated. If the interests of other counties are also affected, their representatives shall be invited to act.
(3) The penalties imposed by the Planning Committee shall be implemented without delay by the competent authorities in substance and locally.
Expert Committee on Healthy Natural Environment Care
(1) In regional planning committees and in regional planning committees designated by the Councils of the Regional National Committees (in particular in the counties where significant sources of air pollution occur), a expert committee on the care of a healthy natural environment (hereinafter referred to as the "expert commission ') shall be established. These expert committees will be composed of representatives
(a) commissions or departments of planning, medical, construction, agriculture, financial and district hygienists, which will submit to the Commission for consideration of findings, proposals and initiatives in its field of activity;
(b) Regional or Regional Trade Union Councils;
(c) major enterprises.
(2) If necessary, the Commission shall invite other experts.
(3) The expert commissions do not have decision-making power.
(1) The Chairman of the Panel of Experts shall be appointed by the Board of the National Committee with which the Board is set up.
(2) The National Committee's Planning Department, in cooperation with the relevant other elements of the National Committee, shall provide the preparation of the documentation for the meetings of the Panel of Experts; in particular, cooperate closely with the health and anti-epidemic service.
(1) The expert commissions discuss measures for the protection of air cleanliness with undertakings, propose to the planning committee to impose such measures on undertakings, monitor the implementation of the agreed or imposed measures, check compliance with the resolutions of the Government or other bodies aimed at protecting air cleanliness and effectively ensure that air is not contaminated. In particular, expert commissions may propose: change production technology, measures to ensure dust-free treatment of raw materials, materials, waste, noise, etc., as well as other appropriate measures.
(2) The expert commissions effectively assist businesses in drawing up timetables for both long and short-term air protection measures. Individual undertakings shall cooperate in drawing up a timetable with a panel of experts to assess the reality of the measures under consideration and to recommend supplementing them, reworking them, shortening the deadlines, etc. The Commission shall monitor and monitor the implementation of the timetable drawn up and approved. The responsible representative of the organisation concerned and / or representative of the relevant department shall participate in the discussion of timetables in the Panel.
(3) In the event of a failure to comply with the real measures to protect air cleanliness, the expert committee shall propose to the planning committee of the national committee that a penalty, type or amount of penalty, be imposed on the guilty undertaking. Undertakings that care for air cleanliness in a good way shall propose or recommend the award of remuneration.
Penalties
(1) Penalties may be imposed on undertakings of national economic organisations which pollute air by exhalation
(a) combustion of fuels;
(b) in production,
(c) transport, loading, unloading and storage (raw materials, materials, excipients, waste, finished products, etc.),
(d) by other means (e.g. burning coal mines, etc.).
(2) Penalties may not be imposed for air pollution affecting individual vehicles (vessels) of steam undertakings (including road steam cylinders) and aircraft.
In particular, undertakings may:
(a) refuse consent to the operation of newly built plants or individual plants;
(b) refuse consent to the extension of existing operations;
(c) refuse approval to make changes to the operation or to introduce new production technology;
(d) impose periodic penalty payments;
(e) propose the reduction or withdrawal of the premium to workers who, although it is their task, do not take care to prevent, eliminate or reduce air pollution; the reduction or withdrawal of premiums is subject to the applicable general rules.
Penalties
Penalties may be imposed on undertakings which do not comply with or infringe the rules on air purity, in particular because:
(a) they no longer use air-clean installations installed either at all or are not fully used;
(b) they do not have air-clean facilities or, although they have such facilities but not sufficiently effective, and they do not care for their acquisition, installation or modernisation;
(c) they do not plan at the same time as the construction, conversion or change of the technology of the production of the collateral, installation and operation of the air cleanliness equipment at the same time as the start of the production or start production without ensuring the correct operation of such equipment;
(d) do not take into account the proper maintenance of air-clean equipment and other measures to protect it (compliance with technology, discipline, operating rules, etc.).
(1) Penalties are imposed for each source of air pollution.
(2) Any individual installation requiring separate technical measures to protect air cleanliness without depending on other installations (e.g. individual production facilities, landfill, etc.) shall be considered a source of pollution.
(1) The periodic penalty payments are imposed at a level sufficient to remedy the deficiencies. the periodic penalty payment shall be at least 1000 Ccs per resource, up to a maximum of 1 000 000 Cds per year.
(2) In determining the amount of periodic penalty payments, the level of risk shall be based on health, agricultural and forestry considerations, etc., and shall take into account in particular the following indicators:
(a) the quantity and type of exhalates and the location of the source in relation to the surrounding area;
(b) actual consumption of fuels or raw materials, the incineration or processing of which results in air pollution exhalation;
(c) surface area of landfills or burning, smoldering or evaporating substances;
(d) actual production (measured in weight, volume, number of pieces, kWh, etc.);
(e) the level (extent) exceeding the permitted concentration of pollutants in the air, *)
(f) where applicable, additional indicators (e.g. operating conditions, technical condition of the installation, exceeding the permitted concentration of pollutants in the flue gas and end gases of individual sources, etc.).
Sources of payment of periodic penalty payments
Undertakings in which general financial management arrangements are introduced pay periodic penalty payments from their own financial resources (mainly from their own funds or from funds intended to finance decentralised construction). Undertakings shall be paid periodic penalty payments by means of funds which they are entitled to retain for their own use (mainly from their own circulation or from funds intended to finance decentralised construction). The funds of the farm funds of the workers shall not be used to cover the periodic penalty payments.
Application of penalty payments
(1) The fine is the direct revenue of the budgets of the national committees.
(2) The proceeds of the periodic penalty payments are the responsibility of the national committee whose planning committee has imposed the periodic penalty payments.
(3) Where air pollution and the harmful effects of pollution also concern a district (s) other than that whose planning committee has imposed periodic penalty payments, the yield of the periodic penalty payments between the counties concerned shall be distributed in proportion to the proportion in which they are affected by air pollution. The division of the yield of periodic penalty payments between counties shall be carried out by the Regional Planning Commission after hearing the Planning Councils of the respective counties.
(4) The amount of the periodic penalty payments to the national committee shall be reduced if the national committee fails to fulfil its tasks to ensure the cleanliness of the air or fails to fulfil its tasks in this section of the budgetary organisation managed by the national committee. The reduction of the penalty payments due to the District National Committees shall be carried out by the Financial Commission of the Regional National Committee during the annual comprehensive analysis of the activities of the District National Committee.
(1) The planning committee shall decide on the use of the penalty yield on a proposal from the expert committee. If the funds obtained from the periodic penalty payments are not used for the purposes laid down below, the Financial Commission of the Regional National Committee shall decide on their use in agreement with the Regional Planning Committee.
(2) The periodic penalty payments shall apply in particular:
(a) to finance facilities and measures to eliminate the harmful consequences of air pollution (e.g. street and public spaces cleaning, setting up and maintaining protective greenery, extending youth recreation, establishing schools in nature, children's recovery facilities);
(b) to promote the development and production of equipment for the protection of air cleanliness, as well as the remuneration of improvement topics on this section or the purchase of air pollution measuring instruments;
(c) the remuneration of undertakings which are continuously taking care of:
(aa) removal and reduction of sources of air pollution;
(bb) the installation of equipment to protect air cleanliness from a fixed time limit;
(cc) improving the operation and efficiency of installed air-clean installations.
Remuneration
If the expert committee concludes that an undertaking worker is to be remunerated for exceptional merit in reducing, eliminating or preventing air pollution, it shall propose to the undertaking that that worker be awarded a special remuneration. General provisions on special remuneration shall apply to the grant of special remuneration. Where appropriate, reserves of a superior body for the grant of premium funds may be used to cover specific remuneration.
Final provisions
The rights and obligations of health commissions and sanitary and anti-epidemic services resulting from the applicable regulations on air protection (Act No. 4 / 1952 Coll., on Sanitary and Anti-Epidemic Care, as amended by Act No. 18 / 1957 Coll. and Regulation No. 24 / 1954 Coll., on Sanitary and Anti-Epidemic Air Protection) remain unaffected by this decree.
This Decree shall take effect on 1 January 1961.
First Deputy Minister:
Succharda v. r.
*) Guidelines of the Ministry of Health and the Ministry of Agriculture, Forestry and Water Management of 25.8.1960, No HE-3-248 - 11.7.1960 - No 24 / 1960 Coll. Hyg. Regulations.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 178 / 1960 Coll., on measures to protect air purity |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.1960 |
|---|---|
| Effective from | 01.01.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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