Full text of Act No. 212 / 1994 Coll.
Act of the Czech National Council on the State Administration of Air Protection and Charges for Pollution (full text as shown by later amendments and additions)
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Declared full text
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15.11.1994
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212
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announces the full text of the Act of the Czech National Council No. 389 / 1991 Coll., on the State Administration of Air Protection and Charges for Pollution, as is apparent from the amendments and additions made by Act No. 211 / 1993 Coll. and Act No. 158 / 1994 Coll.
THE LAW
Czech National Council
on the State Air Protection and Pollution Charges Administration
The Czech National Council decided on this law:
AIR PROTECTION AUTHORITIES
State Air Protection Administration shall:
(a) Ministry of the Environment of the Czech Republic,
(b) Czech environmental inspection, 1)
(c) district authorities;
(d) the authorities of the municipality.
Ministry of Environment of the Czech Republic ("Ministry ')
(a) carry out top state surveillance on the air protection sector;
(b) deliver opinions on plans which may significantly affect air purity, in particular on forecasts for the development of individual sectors and sectors;
(c) proclaims, through an authorised legal or natural person, a meteorological forecast of the occurrence of a smog situation, the occurrence and termination of a smog situation (2), as well as regulatory measures for selected sources of pollution;
(d) ensure research within its scope, monitor technical development in the framework of air protection and promote the expansion of technologies to reduce air pollution;
(e) carry out other tasks as a central body of the State Air Protection Administration;
(f) control compliance with the limits of imitation and deposit; (3) control tasks may be delegated to an organisation within its competence;
(g) make information available to the public to the extent provided for in Article 13 of the Air Act;
(h) issue agreements containing the conditions of protection of air pursuant to § 11 (1) (b) to (d) and (h) of the Air Act, except in the case of transport of materials and products;
i) in the performance of his activities he cooperates with the Ministry of Health of the Czech Republic and with other central bodies of the state administration.
(1) The Czech environmental inspection (hereinafter referred to as "inspection") ensures compliance with the provisions of legislation and decisions on air protection as an environmental component by legal and natural persons. In doing so, it shall in particular:
(a) compliance with emission limits for large and medium-sized sources of pollution, including the control of smoke darkness, 4)
(b) compliance with the obligations of operators of large and medium-sized sources of pollution, 5)
(c) keeping an operational record of sources of pollution and its data, 6)
(d) compliance with the warning and regulatory measures declared for selected sources of pollution in a smog situation. 7)
(2) Furthermore, the inspections shall:
(a) issue agreements containing the conditions of protection of the air referred to in Article 11 (1) (a), (e) to (g), (h) as regards the transport of materials and products and in accordance with point (i) of the Air Act;
(b) decide on the amount of air pollution charges for large sources of pollution under Part Two of this Act;
(c) approve proposals and amendments for major pollution accidents;
(d) approve the use of new technologies, products and equipment for air protection, including technical operating conditions and design of the manufacturer's operating regulations;
(e) imposes on operators of large and medium-sized sources of pollution which do not comply with air protection obligations corrective measures, including the cessation or limitation of the operation of the source of pollution, 10)
(f) impose fines on operators of large and medium-sized sources of pollution, producers and importers of mobile sources for infringements of the obligations laid down, (11) if they are not imposed by a municipality authority pursuant to Article 5 (2) (f) of this Law; It shall impose a fine on the basis of its own findings or on the basis of a notification by the District Office pursuant to Paragraph 4 (1) (d) of this Law,
(g) imposes fines on legal persons and natural persons authorised to do business for infringement of the obligations laid down in the Act prohibiting the manufacture, import and use of substances that harm or threaten the ozone layer of the Earth and products of such substances containing, 11a)
(h) by decision, set emission limits for existing large and medium-sized sources of pollution and the period during which the emission limit set for new sources of pollution must be reached, 12)
(i) authorise legal and natural persons to carry out authorised emission measurements and imitations and check the accuracy of their results.
(3) Inspections in the performance of their duties
(a) cooperate with local competent authorities of government and self-government and with the Czech Hydrometeorological Institute;
(b) is entitled to require and provide information from other authorities of the State Administration of Air Protection, the Sanitary Service and the Czech Hydrometeorological Institute;
(c) make information available to the public to the extent provided for in Section 13 of the Air Act.
(1) District Office
(a) is the authority concerned in territorial and building management13) in terms of air protection, unless it is a building authority;
(b) process the concept of air protection taking into account the composition of the fuel fund within its territorial scope;
(c) propose to the Ministry, in agreement with the authorities of the municipalities concerned, the scope of the area in which the smog warning and regulatory system will be operated,
(d) declare, in agreement with the authorities of the municipalities concerned in the smog situation, warning and regulatory measures to limit emissions from sources of pollution, other than selected sources of pollution, and check compliance with them; If an infringement is detected, the authorities of the municipality shall inform the inspection thereof and, as regards large sources of pollution, the inspection,
(e) supervise the municipal authorities as they provide air protection within their responsibility;
(f) make information available to the public to the extent provided for in Article 13 of the Air Act;
(g) decide on charges for medium sources of pollution under Part Two of this Act.
(2) The District Office controls
(a) compliance with the warning and regulatory measures declared for sources of pollution in the smog situation set out in the regulatory rules for the operation of sources of pollution, if not for selected sources of pollution, and imposing fines on their operators for non-compliance with those measures, 13a)
(b) compliance with the obligations of manufacturers, importers and fuel vendors laid down by a special regulation governing the quality of fuels, the way in which they are supplied and sold, 13b) and imposing fines for infringements of the obligations laid down. (c)
(3) In the capital city of Prague, the office of the district office under this law is the Magistrate's office of the capital city of Prague.
(1) The municipality is the authority concerned in territorial and building management13) in terms of air protection, unless it is entrusted with the function of the building authority.
(2) Municipality authorities
(a) may provide for a general binding order:
1. urban pollution control zones;
2. specific requirements for the type of fuel for small sources of pollution;
(b) control compliance with the obligations of the small pollution operator and impose fines on them for non-compliance; 14)
(c) check compliance with the permissible smoke darkness of operators of large, medium and small sources of pollution and impose fines on them for non-compliance; 15)
(d) impose on operators of small sources of pollution which do not comply with air protection obligations corrective measures, including the cessation or limitation of the operation of the source of pollution, 10)
(e) make information available to the public to the extent provided for in Article 13 of the Air Act;
(f) decide on the fees for small polluting resources (18) according to Part Two of this Act.
CHARGES
(1) Air pollution charges are paid by legal and natural persons operating large, medium and small sources of pollution ("operators").
(2) The level of the charge of large pollution operators is decided by inspections.
(3) The amount of the charge of medium-sized pollution operators shall be decided by the district authority.
(4) The amount of the charge of small pollution operators shall be decided by the authorities of the municipality. These fees are the income of the municipality's budget and must be assigned to protect the municipality's environment.
(1) The annual amount of the charge for one large or medium source of pollution shall be fixed for all types of charged pollutants produced as set out in the Annex.
(2) The annual fee for one small source of pollution shall be set at a fixed amount of up to CZK 40 000 in proportion to the size of the source of pollution and the damage caused by the pollution, as set out in the Annex; the obligation to pay fees does not apply to natural persons operating small sources of heat pollution up to 50 kW.
(3) Of the amount calculated in accordance with paragraph 1, the operator shall be charged a fee of the adjusted amount:
30% in 1992 and 1993,
60% in 1994 and 1995,
80% in 1996,
100% since 1997 inclusive.
(1) The operator shall separately calculate the fee for each source of pollution charged and notify that calculation by 15 February of the calendar year to the competent air protection authority, including the data necessary to determine the amount of the charge in accordance with the facts of the previous year.
(2) The competent air protection authority shall examine the data specified in the notification and, if the facts relevant for the determination of the fee are found, shall issue a decision. The decision shall include the amount of the fee, including the conditions for any deferral of payment of part of the fee within the meaning of paragraph 5.
(3) The operator is obliged to pay the fee according to his own calculation of the advance payment in instalments within 25 days after the payment deadline. The advance payments paid shall be settled with payments corresponding to the decisions imposing the charge within 15 days of the decision being taken.
(4) Charges for the source of pollution are paid
(a) from CZK 1 million per year in monthly instalments,
(b) up to CZK 1 million per year in quarterly instalments,
(c) up to CZK 10,000 per year in half-yearly instalments,
d) up to CZK 2,000. once.
(5) If the operator has proven to have initiated at the source of pollution work to reduce the emissions of charged pollutants, the payment of a fee of 40% shall be deferred during the period of implementation of the measure. Where the operator completes such work in accordance with the conditions laid down in paragraph 2, the air protection authority shall decide to waive the fee. In the event of non-compliance with the conditions for deferral, the air protection authority shall decide on the obligation to pay the fee and shall set a time limit.
(6) For failure to comply with the notification obligation referred to in paragraph 1, the competent air protection authority (§ 6 (2) to (4)) shall impose a fine of up to CZK 10,000. If this obligation is not fulfilled within an additional time limit, the fine may be re-imposed.
(7) The operators shall be obliged to notify the competent authority of air protection (§ 6 (4)) within 15 days of their finding as a basis for the issue of a new or amended original decision pursuant to paragraph 2.
PUBLIC NOTIFICATION ON ELIMINATION
(1) The Ministry ensures, through a dedicated organisation, information on air quality, in particular in regular media relations.
(2) In the event of a deterioration of the air condition or the possibility of a smog situation in cases provided for in specific regulations, 19), the public shall likewise inform the air protection authorities responsible for announcing it pursuant to Sections 2, 3 and 4 of this Act of the announcement and recall of the warning and regulatory measures.
(3) Municipality and district authorities shall inform in other cases, in an appropriate and normal manner, of the announcement and withdrawal of smog warning and regulatory measures.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
The Ministry shall decide on the appeal against the inspection decision.
(1) Inspectors and authorised personnel of other public air protection authorities are entitled to carry out their activities
(a) to the extent necessary to enter or, where appropriate, to enter foreign land or to enter foreign premises used for the business or other economic activity, where this does not require authorisation under specific regulations. 20) The State is responsible for the damage caused; it may not waive that responsibility;
(b) require the necessary documents, particulars and written or oral explanations concerning the subject matter of the check.
(2) Inspectors and authorised personnel of other public air protection authorities are required to:
(a) maintain confidentiality regarding the facts which they have learned about their activities, in particular to ensure that these secrets do not fall into the wrong hands;
(b) inform the operator before entering foreign premises.
The Ministry is regulated by decree
(a) a list of categorisation of stationary sources of pollution, pollutants, pollution limits, permissible smoke darkness and technical conditions of operation of stationary sources of pollution;
(b) the definition of areas requiring specific air protection and specific measures to reduce air pollution;
(c) the method of determining the amount of emissions and the technical means of measuring emissions;
(d) the requirements for the keeping of operational records of large and medium-sized sources of pollution and the extent of other data which pollution sources operators are obliged to provide to the air protection authority;
(e) quality requirements, delivery and sale of fuels;
(f) principles for the development of the operation of smog regulatory systems, including the setting of specific imitation limits and the selection of sources of pollution pursuant to § 2 (b). (c) this Act;
(g) qualification requirements for workers serving large and medium sources of pollution and qualification requirements for staff controlling large, medium and small sources of pollution;
(h) verification of competence for the submission of expert opinions.
repealed
Administrative procedures initiated before the application of this Act shall be completed by the air protection authority which initiated the procedure as competent under the previous rules.
The fines imposed by the county authorities and the municipal authorities for the breach of obligations and for air pollution are always the income of the authority which has decided on the fine and must be assigned to protect air in the territory entrusted to it. The county authorities and the municipal authorities collect and enforce the air pollution fines imposed by them.
This Act shall take effect on the day of its publication.
* * *
The Act of the Czech National Council No. 389 / 1991 Coll., on the State Administration of Air Protection and Charges for Pollution, came into force on 4 October 1991, Act No. 211 / 1993 Coll., on the Prohibition of the Production, Import and Use of Substances Harming or Threatening the Ozone Layer of the Earth and Products of such Substances, took effect on 13 August 1993 and Act No. 158 / 1994 Coll., amending and supplementing Act No. 309 / 1991 Coll., on the Protection of Air against Pollution (Act on Air), as amended by Act No. 218 / 1992 Coll.
Uhde v. r.
Annex to Act No. 389 / 1991 Coll.
Determination of the annual air pollution charge for large and medium sources of pollution
A.
Pollutants brought into the air subject to charging
Main pollutants charged:
Solid emissions
Sulphur dioxide
Nitrogen oxides
Carbon monoxide
Hydrocarbons - excluding those specifically mentioned, among the other pollutants charged in Classes I-III.
(a) Class I:
asbestos
| berylium a jeho sloučeniny vyjádřené jako | Be |
| kadmium a jeho sloučeniny vyjádřené jako | Cd |
| rtuť a její sloučeniny vyjádřené jako | Hg |
| thalium a jeho sloučeniny vyjádřené jako | Tl |
benzene
benzo (a) pyrene
Biphenyl and its chlorinated derivatives
2-naphthylamine
vinyl chloride
(b) Class II:
| arsen a jeho sloučeniny vyjádřené jako | As |
| antimon a jeho sloučeniny vyjádřené jako | Sb |
| cín a jeho sloučeniny vyjádřené jako | Sn |
| chrom a jeho sloučeniny vyjádřené jako | Cr |
| kobalt a jeho sloučeniny vyjádřené jako | Co |
| mangan a jeho sloučeniny vyjádřené jako | Mn |
| měď a její sloučeniny vyjádřené jako | Cu |
| nikl a jeho sloučeniny vyjádřené jako | Ni |
| olovo a jeho sloučeniny vyjádřené jako | Pb |
| selen a jeho sloučeniny vyjádřené jako | Se |
| tellur a jeho sloučeniny vyjádřené jako | Te |
| vanad a jeho sloučeniny vyjádřené jako | V |
| zinek a jeho sloučeniny vyjádřené jako | Zn |
| brom a jeho anorganické sloučeniny vyjádřené jako | Br |
| fluor a jeho anorganické sloučeniny vyjádřené jako | F |
Chlorine
phosgene
Phosphane
sulfan
Sulphur
aliphatic aldehydes
aniline
benzyl chloride
1,2-Dibromoethane
1,2-Dichloroethane
1,1 - and 1,2-dichloroethylene
ethylene oxide
epichlorohydrine
phenol
phenylhydrazine
acrylic acid and its esters
Acid - methyl acrylate and its esters
mercaptans
Methanoic acid (formic acid)
nitrocompounds
nitrosodimethylamine
pyridine
trichloromethane
tetrachloroethane
tetrachloroethylene
thioethers
Toluidines
(c) Class III:
ammonia
inorganic chlorine compounds expressed as Cl
acetone
acrylonitrile
Alkene (olefins)
Alkyl alcohols
aliphatic and aromatic ethers
benzaldehyde
1,3-butadiene
2-butanone
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Regulation Information
| Citation | Full text of Act No. 212 / 1994 Coll., Act of the Czech National Council on the State Administration of Air Protection and Charges for Pollution (full text as shown by 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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