Full text of Act No. 211 / 1994 Coll.
Act on the Protection of Air from Pollutants (Air Act) - (full text, as resulting from subsequent amendments and additions)
Valid
Declared full text
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15.11.1994
211
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announces the full text of Act No. 309 / 1991 Coll., on the Protection of Air from Pollutants (Air Act), as it results from amendments and additions made by Act No. 218 / 1992 Coll. and Act No. 158 / 1994 Coll.
THE LAW
on air protection against pollutants (Air Act)
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
GENERAL PROVISIONS
Subject matter
The Act regulates the rights and obligations of legal and natural persons in the protection of ambient air (hereinafter referred to as' air ') against the introduction of pollutants by human activity and the manner in which the causes and consequences of pollution are reduced.
Pollutants
The polluting substances for the purposes of this Act are solid, liquid and gaseous substances which, directly or after chemical or physical change in the air or after interaction with another substance, adversely affect the air and thereby threaten and harm the health of humans or other organisms, impair their environment, unduly harass or damage property.
Pollution sources
(1) The sources of air pollution (hereinafter referred to as sources of pollution) under this Act are:
(a) technological objects containing stationary equipment for burning fuels, plant for technological processes, coal quarries and other areas with the possibility of steaming, burning or escaping pollutants or areas on which work is carried out which may cause air pollution, warehouses and landfills of fuels, raw materials, products and waste, and other structures, equipment and activities for which a collaborative or other similar decision has been made on the basis of which the source of pollution may be operated. In doubt, the construction office or other competent public authority shall decide on the definition of the source of pollution, on a proposal from the air protection authority,
(b) moving equipment with combustion engines or other engines which pollute air, in particular road motor vehicles, railway rolling stock, vessels and aircraft (hereinafter referred to as mobile sources of pollution); the details are laid down in a separate Regulation.
(2) The sources of pollution referred to in paragraph 1 (a) are broken down by heat output, the degree of impact of the technological process on air or the extent of pollution on
(a) technological objects containing stationary installations for the combustion of fuels with a heat output greater than 5 MW and equipment of particularly serious technological processes ("large sources of pollution");
(b) technological objects containing stationary installations for the combustion of fuels with a heat output of between 0,2 and 5 MW, installations for major technological processes, as well as coal quarries and similar areas with the possibility of burning, setting up or escaping pollutants (hereinafter referred to as "medium sources of pollution");
(c) technological objects containing stationary installations for the combustion of fuels with a heat output of less than 0,2 MW, equipment for technological processes not falling within the category of large and medium-sized sources of pollution, areas on which work is carried out which may cause air pollution, fuel landfills, raw materials, products and waste and seized exhalates and other structures, equipment and activities which significantly pollute the air ("small sources of pollution").
For the purposes of this Act:
(a) an operator of a source of pollution by a legal or natural person who has the right or the effective possibility to operate that source;
(b) by the investor of the source of pollution, the legal or natural person from which the construction of the source is financed;
(c) by the designer of the source of pollution, the legal or natural person authorised to act under the specific regulations, (2) which designs the source;
(d) by the manufacturer, the legal or natural person who produces equipment, materials or products which pollute or may pollute air;
(e) by an importer, a legal or natural person importing equipment or products for the internal market which pollute or may pollute air;
(f) the existing source of pollution is a source which, in accordance with the provisions in force, was put into service before 30 September 1991 or a source for which a building or other similar permit had been issued before that date and which will be put into service before 31 December 1994;
(g) the new source of pollution is the source for which a building or other similar permit was issued after 1 October 1991, or the source put into service after 31 December 1994, irrespective of the date of issue of the building or other similar permit;
(h) by measuring the emissions of road motor vehicles, verification that the road motor vehicle in service meets the emission limits laid down in a specific regulation. (2a)
Pollution limits and permissible smoke darkness
(1) The emission limit is the maximum permissible amount of the pollutant discharged into the air from the source of pollution expressed as the mass or volume concentration of the pollutant in waste gases or the mass flow of the pollutant per unit of time or mass of the pollutant per unit of production.
(2) The emission limit is the maximum permissible mass concentration of the pollutant contained in the air.
(3) The storage limit shall be the maximum permissible amount of pollutant settled after impact on the surface area unit per unit of time.
(4) The permissible darkness of smoke is the maximum permissible degree of air pollution in the combustion of fuels expressed in the colour of the flue-gas.
(5) The list of pollutants, the categorisation of sources of pollution and the limits of pollution for the sources referred to in § 3 (2) (a) to (c) and the permissible darkness of smoke will be declared by the Ministry of the Environment by a generally binding legislation. The Imission Limits and their control methods shall be declared by the Ministry of the Environment and the Ministry of Health by mutual agreement.
(6) The declared emission limits may be tightened up not earlier than five years after their effectiveness and shall be declared no later than three years before the date specified as the date of entry into force of the tightened limit. Emission limits for pollutants or sources of pollution which have not yet been established shall be declared at least three years before the date set as the date on which they become effective.
(7) The emission limits for mobile sources of pollution referred to in Article 3 (1) (b) are laid down by the Ministry of Transport, in general, by binding legislation.
(8) The quantity of pollutants discharged from the source shall be determined by measurement or a balance sheet calculation. Measurements shall be carried out in a place where no further cleaning or dilution of the discharged gases is carried out. The details of the location and method of measurement shall be laid down in a separate Regulation.
OBLIGATIONS OF LEGAL AND PHYSICAL PERSONS
General obligations
(1) In the manufacture, import, transport and sale of equipment, products and materials which, when used, in consumption or storage, pollute or may pollute the air, each producer, importer, transporter and seller shall be obliged to choose an air protection solution.
(2) Manufacturers and importers are obliged to produce and import for the internal market only those mobile sources which meet the conditions for operation and emission limits. Mobile sources with combustion engines shall be subject to periodic checks on the quantity of pollutants discharged. The conditions for periodic checks shall be laid down in specific provisions.
(3) Manufacturers, importers and fuel vendors are obliged to produce, import and sell fuels in accordance with the quality requirements laid down in the specific regulation [Paragraph 20 (d)].
(4) In combustion plants, fuels other than those specified by the installation manufacturer may not be incinerated, as specified in the technical operational parameters and technical organisational measures to ensure the operation of pollution sources (Section 7 (2)).
(5) In the construction of new installations which may be a source of air pollution or in the modernisation of existing installations, the best available technologies must be chosen taking into account the adequacy of the expenditure on their acquisition and measures to reduce emissions gradually.
Obligations of large and medium-sized pollution operators
(1) Operators of large and medium-sized sources of pollution are obliged to:
(a) put into service and operate sources of pollution in accordance with the technical conditions of operation of the installation and in accordance with the conditions laid down by the air protection authority pursuant to Article 11 (1);
(b) comply with the emission limits (§ 5 (5) to (7)) and the permissible darkness of smoke (§ 5 (4) and (5));
(c) comply with the instructions of the air protection authorities for redress (Section 12 (1));
(d) keep their own operational records of resources and determine the quantity of pollutants discharged in the manner laid down in a specific regulation;
(e) provide the competent air protection authorities with the data provided for in the legislation and other data needed to establish the air status;
(f) immediately remove in the operation of sources of pollution hazardous to air quality and take the necessary measures to prevent accidents in time;
(g) develop, for the purpose of regulating emissions under the situations referred to in Article 16, regulatory rules for the operation of sources of pollution and submit it to the Authority for approval;
(h) in the event of a serious and immediate threat to or deterioration of air quality, immediately stop or restrict the operation of the source of pollution, its part or any other activity causing the threat or deterioration of air quality, and comply with the instructions of the air protection authorities on redress (§ 12 (1)); inform the public at the same time in an appropriate manner;
(i) ensure technical means for monitoring emissions of air pollutants, where a specific regulation so provides;
(j) to allow the personnel of the air protection authorities or those delegated by them access to sources of pollution in order to detect the amount of pollutants and to control the source of pollution and its operation;
(k) inform the public about air pollution from the source of pollution and the measures taken to reduce such pollution.
(2) Operators of large sources of pollution are obliged to develop, as a mandatory part of local operating regulations, a set of technical operational parameters and technical organisational measures to ensure the operation of pollution sources, including measures to mitigate and eliminate the effects of emergency conditions in accordance with the conditions of air protection and to submit their proposals and amendments to the approval of the air protection authority (§ 11 (1)).
Obligations of small pollution operators
(1) Small pollution operators are required to:
(a) to put into service and operate sources of pollution in accordance with the conditions for the operation of such facilities laid down by the manufacturers or air protection authorities, if they strengthen the conditions laid down for the operation of such facilities;
(b) to allow the personnel of the air protection authorities or those delegated by those authorities to access sources of pollution in order to identify the amount of pollutants and control the source of pollution and its operation and to provide them with the necessary supporting documents; the details of the determination of the quantity of pollutants discharged from the source of pollution and the degree of air pollution are laid down in specific rules,
(c) comply with the instructions of the air protection authority on redress (§ 12 (1));
(d) comply with the permissible darkness of smoke.
(2) The obligations referred to in paragraph 1 (b) do not apply to operators of small sources of pollution (local space heaters) which are located in dwellings in residential homes, family houses and buildings for individual recreation.
Basic obligations of mobile pollution operators
(1) Mobile pollution sources operators shall operate and maintain such sources in accordance with the conditions laid down by the manufacturers of such plants and emission limits.
(2) In areas requiring special air protection, mobile operators, not rail rolling stock, are obliged to comply with the declared regulatory measures of the air protection authorities under a specific regulation. 3a) In regulating the operation of mobile sources, air protection authorities cooperate with the authorities of the Czech Police.
Air protection authorities
Air protection bodies are bodies where the law of the Czech National Council provides for the competence to exercise public administration on this section.
Approval of the air protection authority
(1) Consent of the Authority of the Czech Air Protection Administration (hereinafter referred to as the "Air Protection Authority") containing the conditions for air protection is required
(a) the placing and authorisation of buildings of large and medium-sized sources of pollution, including their changes, and their entry into service;
(b) the design of type materials and model projects for pollution sources;
(c) projects for the introduction of new production and technology for large and medium-sized sources of pollution;
(d) proposals and amendments to the Czechoslovak technical standards, the application of which affects the protection of the air and the approval of exemptions from their obligations, where the granting of an exemption by a special law 4);
(e) proposals for territorial planning documents;
(f) placing and authorising construction of small sources of pollution whose documentation has not been approved as a type base or model project;
(g) changes in fuel and raw materials used and changes in the use of technological installations of large and medium-sized sources of pollution; in the context of the agreement to change the use of technological equipment, the air protection authority may, taking into account the nature of the change, set additional emission limits or, where appropriate, tighten emission limits for technological equipment. Those limits are not subject to the restrictions laid down in Article 5 (6),
(h) the production, import and transport of equipment, materials and products which pollute or may pollute the air;
(i) to issue and modify a set of technical operational parameters and technical organisational measures pursuant to Article 7 (2).
(2) Proposals, projects, measures and requests for approval pursuant to paragraph 1 shall be submitted by operators, investors, designers, manufacturers or importers to the competent air protection authority, as appropriate. Applications shall include a justification for the solution most favourable in terms of air protection (Paragraph 6 (5)) and, in the cases referred to in paragraph 1 (a), (c), (f), (g), (h), an expert opinion.
(3) For the submission of the expert opinions referred to in paragraph 2, the competence certified by the air protection authority shall be required. The conditions for verification of competence shall be laid down in specific rules.
Authorisations and responsibilities of the air protection authority
(1) Operators of a large, medium or small source of pollution which does not comply with the obligations laid down by this law and other generally binding legislation governing air protection obligations shall be required by the air protection authority to take corrective action.
(2) The air protection authority shall order the restriction or cessation of operation of the source of pollution where the operator of the large or medium source of pollution:
(a) fails to fulfil the obligations under Article 7 (1) (h) in the event of a serious and immediate threat to or damage to air quality;
(b) exceed the emission limit or permissible darkening of smoke and has not made any correction imposed by the air protection authorities to eliminate air pollution pursuant to paragraph 1 or § 7 (1) (b) and (c);
(c) re-establish a breach of obligations for which he has already been fined pursuant to Paragraph 18 (7).
(3) The air protection authority shall order the limitation or cessation of operation of the source of pollution when issuing an alert and regulatory measure pursuant to Article 16 (2).
Air protection authorities are required to make timely and complete information on air quality and the contribution of individual sources to its pollution. They are always obliged to inform the public about the smog situation (§ 16).
Pollution level
Allowed level of air pollution
(1) The permissible level of air pollution shall be determined by emission, imitation and storage limits for each pollutant and by the permissible darkness of smoke.
(2) The emission limits (Section 5 (5)) set for new sources of pollution must reach a value corresponding to the best available resources (Section 6 (4)).
(3) The emission limits established for existing sources of pollution are based on the lowest available emissions on the technical installations concerned, subject to the conditions laid down for their operation. The air protection authorities shall establish those limits by 31 December 1994 and shall determine when the emission limit set for new sources of pollution must be reached. That period shall be determined taking into account the technologies used and shall expire by 31 December 1998 at the latest. The details shall be laid down in a separate Regulation.
(4) For the purposes of smog warning and regulatory systems for periods of adverse weather conditions and increased air pollution, the Ministry of the Environment shall, by means of a generally binding legislation, establish specific imitation limits.
(5) The law of the Czech National Council provides for the control of compliance with emission, imisation and storage limits and the darkness of smoke.
Special air protection
Specific rules shall define areas requiring specific air protection and shall lay down measures to limit air pollution; such provisions may also establish a smog warning and regulatory system for the areas concerned to protect against highly polluted air (the smog control system) and a regime for its operation.
Smog situation
(1) The smog situation is an extremely polluted atmosphere where the level of pollution exceeds the specific limit of imitation (Paragraph 14 (4)).
(2) Where a smog situation is predicted by the air protection authority, that authority shall declare a warning measure.
(3) If the smog situation arises, the air protection authority shall without delay issue regulatory measures to limit emissions from sources of pollution which contribute to air pollution.
(4) Pollution sources operators shall be obliged to comply with warning and regulatory measures throughout their period of publication.
(5) The Act of the Czech National Council provides for a way of informing the public in the case of a smog situation (paragraph 1).
RELIEF CHARGES AND FINES
Fees
(1) For air pollution, pollution sources operators are required to pay charges according to the quantity and type of pollutants discharged. The amount of fees, their calculation and the method of payment are laid down by the Czech National Council.
(2) The obligation to pay fees shall not apply to natural persons operating small sources of heat pollution up to 50 kW, unless such a source is used for the performance of business.
Fines for legal and natural persons authorised to do business
(1) A fine of between 30 000 and 10 000 000 CZK is imposed by the air protection authority
(a) operators of a large source of pollution in breach of the obligations laid down in Articles 6 (4), 7 (1) (a), (c), (d), (f), (h), (i) and 7 (2);
(b) manufacturers, importers and fuel sellers in breach of the obligations laid down in Article 6 (3).
(2) A fine of between 10 000 and 1 000 000 CZK will be imposed by the air protection authority
(a) operators of a large source of pollution which has not fulfilled the obligations laid down in Article 7 (1) (e), (g), (j), (k) in good time or at all;
(b) producers or importers of mobile sources for infringements of the obligations laid down in Article 6 (2).
(3) A fine of between CZK 5000 and CZK 1 000 000 shall be imposed by the air protection authority on the operator of the medium source of pollution in breach of the obligations laid down in Sections 6 (4) and 7 (1).
(4) The air protection authority shall impose a fine of between 500 and 100 000 CZK on the operator of a small source of pollution if it infringes the obligations laid down in Sections 6 (4), 8 and 11 (2).
(5) The air protection authority shall impose a fine of between CZK 5000 and CZK 5,000 on the operator of sources of pollution which has not complied with the measures of the air protection authority resulting from the smog regulatory system (§ 16 (2)).
(6) A fine of between 10 000 and 10 000 000 CZK shall be imposed by the air protection authority on the operator of a large or medium source of pollution which:
(a) has infringed the obligations laid down in Article 7 (1) (b);
(b) it has not made any correction imposed by the air protection authority pursuant to Article 12 (1).
(7) If, within a period of one year from the date of the acquisition of legal power, a decision imposing a fine for the re-infringement of the obligations for which a fine has been imposed pursuant to paragraphs 1 to 6 has been taken and the operator has not complied with the corrective instructions laid down by the air protection authority under this Law, the air protection authority shall impose a fine of up to twice the amounts set out in paragraphs 1 to 6 and may order the cessation of the source of pollution or of its operation.
(8) The fine may be imposed within one year from the date on which the air protection authority has identified the infringement, but no later than three years from the date on which the emission limit or the infringement was exceeded. When fixing the amount of the fine, the air protection authority shall take into account the quantity and content of air pollution emitted and the seriousness of the infringement.
COMMON AND FINAL PROVISIONS
The scope of the data which operators of sources of pollution are obliged to provide to the Czech Statistical Office provides for a specific regulation.
The law of the Czech National Council will be determined by the competent central authority of the state administration of the Republic, which will adapt the special regulation
(a) requirements for the keeping of operational records of large and medium-sized sources of pollution [Paragraph 7 (1) (d)];
(b) the extent of other data which pollution sources operators are obliged to provide to the air protection authority (Article 7 (1) (e));
(c) qualification requirements for workers serving large and medium sources of pollution;
(d) quality requirements, how to supply and sell fuels;
(e) areas requiring specific air protection and specific measures to reduce air pollution;
(f) the principles of the creation and operation of smog regulatory systems (Section 15);
(g) the qualification requirements for workers carrying out controls on large, medium and small sources of pollution pursuant to Sections 7 and 8.
Air protection related to the operation of nuclear installations is regulated by a specific regulation. 5)
If the matter which is the subject of the agreement of the air protection authority under this Act is not part of an administrative procedure conducted by another administrative authority, the provisions on administrative procedures shall apply to the issue of the consent, (6) except for the consent granted under Article 11 (1) (b), (d) and (e).
Act No. 35 / 1967 Coll., on measures against air pollution, as amended by the Czech National Council Act No. 146 / 1971 Coll. and the Slovak National Council Act No. 159 / 1971 Coll.
This Act shall take effect on 1 October 1991.
Act No. 218 / 1992 Coll., amending and supplementing Act No. 309 / 1991 Coll., on the Protection of Air from Pollutants (Air Act), became effective on 1 June 1992, with the exception of the provisions of Section 5 (7), which came into force on 1 October 1992, Act No. 158 / 1994 Coll., amending and supplementing Act No. 309 / 1991 Coll., on the Protection of Air from Pollutants (Air Act), as amended by Act No. 218 / 1992 Coll., and Act No. 389 / 1991 Coll., on the Government of Air Protection and Charges for Pollution Act No. 211 / 1993 Coll., became effective on 1 October 1994.
Uhde v. r.
2) § 43 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 103 / 1990 Coll. Decree of the State Commission for Scientific, Technical and Investment Development No. 43 / 1990 Coll., on Project Preparation of Buildings. Decree of the State Commission for Scientific, Technical and Investment Development No. 186 / 1990 Coll., on the authorisation of project activities.
2a) Decree of the Federal Ministry of Transport No. 41 / 1984 Coll., on the conditions of use of vehicles on the road, as amended by Decree No. 248 / 1991 Coll.
(3a) Paragraph 4 (1) (d) of the ČNR Act No. 389 / 1991 Coll., on State Air Protection Administration and Charges for Pollution.
4) Act No. 142 / 1991 Coll., on Czechoslovak Technical Standards.
5) For example Act No. 28 / 1984 Coll., on State supervision of nuclear safety of nuclear installations.
6) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Full text of Act No. 211 / 1994 Coll., Act on the Protection of Air from Pollutants (Air Act) - (Full text as seen from later amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.11.1994 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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