Act No. 218 / 1992 Coll.
Act amending and supplementing Act No. 309 / 1991 Coll., on Air Protection against Pollutants (Air Act)
Valid
Effective from 01.06.1992
218
THE LAW
of 27 April 1992
amending and supplementing Act No 309 / 1991 Coll., on the Protection of Air from Pollutants (Air Act)
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 309 / 1991 Coll., on the Protection of Air from Pollutants (Air Act) is amended as follows:
1. Paragraph 3, including the title, reads:
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 may be 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"). "
2. the following points (f) and (g) shall be added after point (e) of Section 4:
"(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. "
3. In Article 5 (4), the words' for the sources referred to in Article 3 (2) (a) to (c) 'shall be inserted after the words' pollution limits'; the words' agreed 'shall be replaced by' discussed '.
4. In Article 5, the following paragraph 5 is added after paragraph 4:
"(5) The emission limits for mobile sources of pollution referred to in Article 3 (1) (b) shall be laid down by the Federal Ministry of Transport by means of a generally binding law."
Paragraph 5 shall become paragraph 6 and the following paragraphs 7 and 8 shall be added after paragraph 6:
"(7) The list of pollutants, the categorisation of sources of pollution and the limits of pollution declared by the Federal Committee on the Environment or by the government authorities of the Republics referred to in paragraph 4 may be amended and the declared limits of pollution tightened not earlier than five years after their effective date; the amendment or tightening must be declared at least three years before the date specified as their effective date. The resources shall comply with the limits set within five years of their effective date.
(8) The quantity of pollutants discharged from the source shall be measured or calculated by 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. ';
5. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(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)]."
Paragraphs 3 and 4 shall be renumbered 4 and 5.
6. the following point (c) shall be added after point (b) of Section 8:
"(c) comply with the instructions of the air protection authority on redress (§ 12 (1))."
7. Paragraph 8 shall become paragraph 1, followed by the following paragraph 2:
"(2) The obligations referred to in paragraph 1 (b) shall not apply to operators of small sources of pollution (local space heaters) which are located in dwellings in residential homes, family houses and construction sites for individual recreation. ';
8. In Article 9 (2), the words "to call on the air protection authority 'shall be deleted.
9. In the second sentence of Paragraph 11 (2), "(§ 6 (4)) 'is replaced by" (§ 6 (5))'.
10. Article 14 (3) reads as follows:
"(3) The emission limits established for existing sources of pollution shall be 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 30 June 1993 and shall at the same time 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. ';
11. in Paragraph 14 (4), the reference "[§ 5 (4) (b)]" shall be deleted at the end of the sentence.
12. Paragraph 17 shall become paragraph 1, followed by the following paragraph 2:
"(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 regularly used for the performance of business. ';
13. in Paragraph 18 (1):
"(1) A fine of between 30 000 and 10 000 000 Kcs shall be 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). "
In Article 18, references to "§ 6 (3) 'are renumbered to" § 6 (4)'.
14. In Paragraph 18 (4), the word "small 'shall be inserted after the word" operator'.
15. in Article 18 (6) (b):
"(b) it has not made a remedy imposed by the air protection authority pursuant to Article 12 (1)."
(1) This Act shall take effect on 1 June 1992.
(2) Paragraph 5 (7) shall take effect on 1 October 1992.
Havel v. r.
Dubček v. r.
CHF
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 218 / 1992 Coll., amending and supplementing Act No. 309 / 1991 Coll., on Air Protection against Pollutants (Air Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.1992 |
|---|---|
| Effective from | 01.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0