Act No. 35 / 1967 Coll.
Act on measures against air pollution
Valid
Effective from 01.05.1967
35
THE LAW
of 7 April 1967
on measures to combat air pollution
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Air pollution
(1) Air pollution within the meaning of this Act means pollution above the permissible level laid down in the Annex to this Act or deterioration of its purity in the manner set out in § 2 (3) (a) and (b).
(2) Any organisation that pollutes the air as referred to in the preceding paragraph shall be an air polluter.
Air pollution charges
(1) Pollutants are obliged to pay annual air pollution charges.
(2) The fee remains on the basis of the basic fee and the premium.
(3) The basic fee is fixed:
(a) in the case of the combustion of solid fuels in the case of steam traction on trawls in quarries and surface mines, in the case of a shift at stations and in the effluents in which the flue gas is not diverted through a chimney, an amount of 10 Kcs per tonne of fuel consumed;
(b) in the case of burning or evaporated parts of coal mines and quarries or landfills and landfills, an annual amount of 50 CZK per square metre of burning area or 1 m3 of steamed volume; the area or volume shall be determined from the weighted average of the measurement results carried out during the year;
(c) in other cases, an amount corresponding to the annual costs associated with the proper operation and maintenance of the equipment required and, where appropriate, the annual costs of other activities reducing air pollution to an acceptable level;
(d) if the costs referred to in point (c) cannot be determined within one year of the application of this law or within one year of the occurrence of pollution without disproportionate difficulties, an annual amount of 100 KCs for each 1000 kg of individual pollutants exceeding the permissible offenses listed in the Annex to this Act.
(4) A premium is added to the basic charges according to the air pollution areas. The premium shall be fixed for:
| a) | vnitřní lázeňská území | 100 % |
| b) | ostatní lázeňská, rekreační a chráněná území | 80 % |
| c) | území sídlišť | 60 % |
| d) | území vymezená pro průmyslovou činnost | 20 % |
| e) | ostatní území | 40 % |
The definition of the different areas shall be determined by the spatial planning body on a proposal from the sanitary services authorities. Where air is contaminated in several areas, the premium shall be determined according to the area most polluted.
(1) Fees shall not be paid where:
(a) exhalation occurs during the operation of steam traction and the operation of motor vehicles;
(b) exhalation occurs in the combustion of fuel not exceeding 200 kg per hour or 200 tonnes per year;
(c) the quantity of pollutants discharged into the air does not exceed the values set out in the Annex to this law;
(d) the prevention or reduction of pollution, if any, at least to an acceptable level is not yet technically feasible.
(2) The provisions of the preceding paragraph do not apply to the cases referred to in Article 2 (3) (a) and (b).
Fines
(1) The polluters are required to pay a fine in addition to the fees if:
(a) have not implemented the measures imposed by the State Technical Inspection of Air Protection (Section 13 (2) (c) or, where appropriate, by the sanitary services for air protection;
(b) they shall be unaware of the proper maintenance, operation and failure-free operation of the equipment used to reduce air pollution, including exhalates detected, in accordance with the operating rules.
(2) Fines shall also be paid by organisations which are not subject to the fee if they infringe the obligations referred to in the preceding paragraph.
(1) Where a fine is imposed for the first time for the reasons set out in Paragraph 4 (1), it shall be fixed at least half of the annual fee fixed in accordance with Article 2, but not more than half of the annual fee.
(2) Pollutants to whom a fine has already been imposed and who do not implement the measures referred to in Article 4 (1) (a), or within a new time limit, or once again negate the obligations referred to in Article 4 (1) (b) shall be fined up to twice the annual fee.
(3) The organisations referred to in Paragraph 4 (2) shall be fined from 5 000 KCs to 1 million KCs.
(1) Where a fine is imposed pursuant to Paragraph 4, workers of organisations who have committed a breach of the obligations referred to in Article 4 (1) (a) and (b) shall at the same time be imposed a fine of between 100 and 5 000 CZK, if not a criminal offence.
(2) Where a fine has been imposed under the preceding paragraph, a fine may no longer be imposed under other provisions.
Proceedings on fees and fines
Fees and fines shall be imposed by the district national committees, or, where appropriate, by the local national committees, in whose territory the source of pollution is concerned.
(1) Pollutants shall be required to notify each year without notice to the competent national committee by 15 February of the data necessary for the determination of the fees in accordance with the facts of the previous year, including the calculation of the fees, whether or not they will be subject to the fees after the examination of the data; at the same time they are obliged to provide the necessary technical and economic evidence to determine the amount of the fees referred to in Article 2 (3).
(2) The fact that the fees incurred in the current calendar year are due or justified shall be notified within 15 days as a basis for the issue of a new or amended original decision pursuant to Article 7.
(3) If the polluters fail to comply with the time limits referred to in paragraphs 1 and 2, they shall be obliged to pay a penalty payment for each day of delay of one payment of the fees provided for in paragraph 2. Pollutants who are not otherwise subject to the charge (Paragraph 3 (1)) are obliged to pay a penalty of 1000 CZK for each day of delay but not more than 50 000 CZK in such cases.
Payment and maturity of fees and fines
(1) The payment of fees and fines must not affect the price of goods and services.
(2) Fees and fines are paid to the national committee responsible under Article 7.
(1) The polluters are required to pay the fee on their own calculation in quarterly instalments of advance payments within 15 days of the end of the calendar quarter.
(2) Repayments already paid under the preceding paragraph shall be settled with payments corresponding to the decisions imposing the charge (Paragraph 7) within 15 days of its receipt. Under this Decision, further quarterly instalments shall also be adjusted until a new report pursuant to § 8 (1) or (2) respectively.
(3) The fines shall be payable within 15 days of receipt of the decision pursuant to Article 7.
(4) Pollutants or workers, as the case may be, (Paragraph 6 (1)), are required to pay a penalty payment for each day of delay of one percentage of the outstanding amount.
Income of fees, fines and periodic penalty payments
(1) The part of the 60% levy yield and the entire amount of the fines is the unplanned income of local and urban national committees whose perimeter is affected by the harmful consequences of air pollution. If harmful consequences arise also within the districts of national committees other than those which have imposed fees or fines or periodic penalty payments, the proceeds shall be distributed in proportion to the proportion in which they are affected. The proceeds are distributed by the national committees closest to the highest level. If air pollution affects two or more regions, the regional national committees concerned shall agree on how to distribute the yield.
(2) Part of the 40% fee yield shall be paid by the national committees on a quarterly basis no later than 30 days after the end of the preceding quarter to the Ministry of Forestry and Water, which shall use it to prevent, eliminate and mitigate the harmful consequences of air pollution.
Scope of Ministry of Forestry and Water Management
(1) Ministry of Forestry and Water Management
(a) develop proposals for technical and economic concepts and other comprehensive technical and economic measures to protect air and monitor how central authorities and organisations ensure such measures;
(b) express its views on the project documentation of investments approved by the State Technical Commission which may significantly affect air purity;
(c) may provide for a binding method for measuring the effect of pollutants;
(d) ensure scientific and technical research in the field of air cleanliness and monitor the development of technical equipment against air pollution.
(2) The scope of the Slovak National Council and its bodies in carrying out the tasks arising from this Act will be governed by the Law of the Slovak National Council.
State Technical Inspection of Air Protection
(1) The State Technical Inspection of Air Protection at the Ministry of Forestry and Water is hereby established as a national control body. Its organisation shall be determined by the Minister for Forestry and Water.
(2) State Technical Inspection of Air Protection
(a) checks the air quality protection, compliance with the construction and putting into service dates of such facilities, as well as ensuring air protection in the investment project documentation;
(b) checks the quantity of polluting operations;
(c) assist organisations in addressing technical issues relating to the protection of air cleanliness and require organisations, after consultation with the competent health service authorities, to implement technical or similar measures to prevent, or mitigate, air pollution;
(d) assist the national committees in the technical aspects of charging fees, in particular when examining polluter data (§ 8) and when imposing fines;
(e) give national committees incentives to impose fines.
(3) The state technical inspection of air protection works with the health service authorities in carrying out tasks under Act No. 20 / 1966 Coll., on the care of the health of the people, in the field of protection of air cleanliness. When issuing binding opinions pursuant to Section 4 of Act No. 20 / 1966 Coll., the public health services in the field of air cleanliness are engaged in cooperation with the State Technical Inspection of Air Protection.
(4) The authorities of the State Technical Inspection of Air Protection are entitled to enter into establishments, facilities and objects in the performance of their tasks, to carry out observations and measurements to determine the state of air purity and to require the necessary documentation and data.
Transitional, common and final provisions
The time limit for the first notification pursuant to Article 8 (1) shall be 31 July 1967.
(1) Air pollution charges will be paid in the first year following the entry into force of the Act at 50% and in the second year at 75% of the amounts established pursuant to Article 2.
(2) Pollutants who, at 1 May 1967, already have the necessary facilities to protect air cleanliness or who start construction by 30 April 1969 at the latest and complete it within the time limit agreed with the State Technical Inspection of Air Protection shall be granted a discount on the fees reduced under the preceding paragraph, by charging 25% for the construction started before 30 April 1968 and 37,5% for the construction started before 30 April 1969, in accordance with Article 2, until the installation is put into service. If the agreed deadline for putting the plant into service is not complied with, the polluters shall pay the fees in accordance with the preceding paragraph and for the years 1969 and others in accordance with the provisions of Paragraph 2.
The Government may amend the permissible level of air pollution listed in the Annex to this Act.
The obligation to compensate under other provisions *) is not affected by this law.
(1) This Act is without prejudice to the provisions of Act No. 20 / 1966 Coll., on the care of the health of the people.
(2) The Order of the Ministry of Finance No 178 / 1960 Coll., on measures to protect air purity is hereby repealed.
This Act shall take effect on 1 May 1967.
Novotný v. r.
Lenárt v. r.
Laštovka v. r.
Annex to Act No. 35 / 1967 Coll.
A. Allowed level of air pollution in the combustion of fuels (§ 1) and the basis for calculating the fees under § 2 (3) (d)
| Výška komínu1) (m) | Přípustný úlet (kg/h) | ||
|---|---|---|---|
| Popílek | SO2 | Ostatní škodliviny2) | |
| 7 | 2,5 | 2 | 4 k max3),4) |
| 8 | 3 | 2,3 | 4,6 k max |
| 10 | 4 | 3,2 | 6,4 k max |
| 12 | 5 | 4,2 | 8,4 k max |
| 14 | 7 | 5,3 | 10,6 k max |
| 16 | 9 | 6,8 | 13,6 k max |
| 18 | 11,4 | 8,4 | 16,8 k max |
| 20 | 14 | 10 | 20,0 k max |
| 25 | 21 | 13,5 | 27,0 k max |
| 30 | 31 | 22,5 | 45,0 k max |
| 35 | 42 | 32,5 | 65,0 k max |
| 40 | 55 | 46 | 92,0 k max |
| 45 | 70 | 60 | 120,0 k max |
| 50 | 84 | 82,5 | 165,0 k max |
| 55 | 110 | 100 | 200,0 k max |
| 60 | 130 | 122 | 245,0 k max |
| 65 | 160 | 145 | 290,0 k max |
| 70 | 192 | 170 | 340,0 k max |
| 75 | 225 | 195 | 390,0 k max |
| 80 | 260 | 227 | -455,0 k max |
| 85 | 290 | 257 | 514,0 k max |
| 90 | 325 | 295 | 590,0 k max |
| 95 | 360 | 335 | 670,0 k max |
| 100 | 400 | 375 | 750,0 k max |
| 110 | 490 | 900 | 930,0 k max |
| 120 | 580 | 1425 | 1130,0 k max |
| 130 | 675 | 1950 | 1340,0 k max |
| 140 | 785 | 2475 | 1560,0 k max |
| 150 | 900 | 3000 | 1790,0 k max |
| 160 | 1010 | 3555 | 2060,0 k max |
| 170 | 1130 | 4110 | 2320,0 k max |
| 180 | 1270 | 4665 | 2600,0 k max |
| 190 | 1400 | 5220 | 2890,0 k max |
| 200 | 1550 | 5779 | 3200,0 k max |
| 220 | 1820 | 6355 | 3840,0 k max |
| 240 | 2110 | 6930 | 4500,0 k max |
| 260 | 2400 | 7510 | 5160,0 k max |
| 280 | 2700 | 8085 | 5820,0 k max |
| 300 | 3000 | 8665 | 6500,0 k max |
B. Allowed level of air pollution in technological production processes and the basis for the calculation of fees pursuant to § 2 (3) (d)
The permissible level of air pollution in technological production processes shall be determined according to the part: And the annexes by using the values of permissible flashes for other pollutants.
C. Allowed air pollution by solids in the production of clinker, cement and lime
| Celková produkce (t/h) | Přípustný úlet (kg/h) při předpokládané výšce komínu (70 ± 10 )m1) |
|---|---|
| 25 | 120 |
| 50 | 160 |
| 100 | 250 |
| 150 | 270 |
D. Formula for the calculation of fees under § 2 (3) (d)
The fee using the values of the outflows is calculated using the formula
P = (e - ep). h. 0,10 + p,
| kde značí | P | roční poplatek v Kčs |
| e | skutečné množství vypouštěné škodliviny v kg/h,1) | |
| ep | přípustné množství vypouštěné škodliviny v kg/h, | |
| h | počet provozních hodin za rok, | |
| 0,10 | roční výši poplatku za 1 kg vypouštěných škodlivin nad přípustnou míru (§ 2 odst. 3 písm. d) v Kčs, | |
| p | přirážku podle § 2 odst. 4. |
E. Boundary of the quantity of discharges from which the obligation to notify pursuant to § 8 (11) applies)
| Škodlivina2) | Přípustné množství (kg/h)3) | |
|---|---|---|
| Prach (max. 20 % Si) | 5,0 | |
| Kysličník uhelnatý | 60,0 | |
| Kysličníky dusíku (jako NO2) | 3,0 | |
| Chlór | 1,0 | |
| Sirovodík | 0,08 | |
| Olovo (kromě tetraalkyolova) | 0,007 | |
| Sirouhlík | 0,3 | |
| Arzén (anorganické sloučeniny kromě AsH3) | 0,03 | |
| Fluór (anorganické sloučeniny plynné) | 0,3 | |
| Saze (amorfní C) | 1,5 | |
| Formaldehyd | 0,5 | |
| Fenol | 3,0 | |
| Rtuť kovová | 0,003 | |
| Mangan (jako MnO2) | 0,1 | |
| Kyselina sírová | vyjádřeno v H•iontech | 0,1 |
| Kyselina dusičná | vyjádřeno v H• iontech | 0,1 |
| Kyselina chlorovodíková | vyjádřeno v H• iontech | 0,1 |
| Akrolein | 3,0 | |
| Amoniak | 3,0 | |
| Benzen | 24,0 | |
*) In particular Economic Code No. 109 / 1964 Coll., Civil Code No. 40 / 1964 Coll., Labour Code No. 65 / 1965 Coll., Government Decree No. 40 / 1963 Coll., on Compensation for Damages Caused by Exhalations to Socialist Agricultural and Forestry Organisations.
1) If two or more chimneys are released on the surface of a circle with a diameter of 1 km, the chimneys of the same undertaking shall be considered as one chimney. For different chimney heights, the method of calculation shall be determined by the Ministry of Forestry and Water in the working instructions.
2. Other harmful substances are those listed in Part E of the Annex.
(3) The maximum immediate concentration allowed under the guidelines of the ministries of health and agriculture, forestry and water management is No 24 / 1960 of the Collection of Hygiene Regulations on maximum permitted concentrations of pollutants in air.
(4) Where the pollutants are released for less than 1 hour, the permissible flyer values shall be calculated in proportion to the reductions.
1) At a more significantly different chimney height, the Ministry of Forestry and Water Management shall determine the permissible offenses in cooperation with the main hygienist CSSR.
1) The actual drift in kg / h is calculated by dividing the actual drift in kg / year by the number of operating hours. For sources of pollution with changing performance, the method of calculating fees shall be determined by the Ministry of Forestry and Water.
1) In the case of interest less than this quantity, fees are not payable [Paragraph 3 (1) (c)].
2) The values for pollutants not listed in the table will be established by the main hygienist of the CSSR in cooperation with the Ministry of Agriculture and the Ministry of Forestry and Water Management.
3) If the pollutants are discharged for less than 1 hour, the values of the permitted quantities shall be calculated in proportion to the reductions.
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Regulation Information
| Citation | Act No. 35 / 1967 Coll., on measures against air pollution |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.04.1967 |
|---|---|
| Effective from | 01.05.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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