Full text of Act No. 472 / 2005 Coll.
Full text of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as resulting from subsequent amendments
Valid
Declared full text
Text versions:
05.12.2005
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
HLAVA II
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
HLAVA III
§ 23
§ 24
§ 25 až 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA IV
§ 34
§ 35
§ 35a
HLAVA V
§ 36
§ 37
HLAVA VI
§ 38
§ 39
§ 40
§ 41
HLAVA VII
§ 42
§ 43
§ 44
§ 45
§ 45a
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
HLAVA VIII
§ 53
§ 54
§ 55
§ 56
ČÁST ŠESTÁ
§ 61
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472
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as follows from amendments made by Act No. 521 / 2002 Coll., Act No. 92 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 695 / 2004 Coll., Act No. 180 / 2005 Coll. and Act No. 385 / 2005 Coll.
THE LAW
on air protection
Parliament has decided on this law of the Czech Republic:
AIR PROTECTION
GENERAL PROVISIONS
Subject matter
(1) That law, in accordance with the law of the European Community1) provides:
(a) the rights and obligations of persons and the powers of the administration in protecting ambient air from the introduction of pollutants by human activity and in the treatment of controlled substances that deplete the ozone layer of the Earth and products containing such substances;
(b) conditions for further reductions in the quantities of pollutants discharged which cause adverse effects on life and animal health, on the environment or on tangible property;
(c) instruments to reduce the amount of substances affecting the Earth's climate system.
(2) This law does not apply to the introduction of radionuclides into the environment, which is regulated by special legislation1a).
Basic concepts
(1) For the purposes of this Act in the field of air protection:
(a) external air in the troposphere, with the exception of air at workplaces designated by specific legislation (m2) and in enclosed areas (air);
(b) any pollutant introduced into, or derived from, the ambient air which directly or after physical or chemical transformation or co-operation with another substance has a harmful effect on life and animal health, the environment, the earth's climate system or physical property;
(c) air pollution by the introduction of one or more pollutants into the air due to human activity expressed in mass units per unit of time;
(d) emissions from the introduction of one or more pollutants into the environment;
(e) an emission limit of not more than the permitted amount of the pollutant or a specified group of pollutants or odoriferous substances discharged into the air from the source of air pollution expressed as the mass concentration of the pollutant in the waste gases or the mass flow of the pollutant per unit of time or the mass of the pollutant per unit of production or human activity or as the number of odour units per unit of volume or as the number of particles of the pollutant per unit of volume;
(f) the emission ceiling of the maximum permissible aggregate emissions of the pollutant or of a specified group of pollutants resulting from human activity, expressed in mass units over a period of 1 year, from all sources of air pollution, from their defined group or from an individual source of air pollution in the demarcated territory;
(g) air pollution levels by mass concentration of pollutants in the air or their deposition from the air per unit of surface area per unit of time;
(h) by the operator of the source of air pollution (hereinafter referred to as the operator), a legal person or a natural person who actually operates the source of air pollution; if there is no such person, the owner of the source of polluting 3 shall be considered as the operator;
(i) imitation of air pollution expressed by mass concentration of the pollutant or a specified group of pollutants;
(j) the maximum permissible level of air pollution, expressed in units of mass per unit of volume, at normal temperature and pressure, by the limit;
(k) the tolerance limit is the percentage of the limit of imitation or part of its absolute value by which the limit may be exceeded;
(l) odoriferous substances or mixtures thereof which cause harassing odour phenomena, characterised by a odour unit;
(m) the maximum permitted degree of air pollution, expressed in the colour of the flue-pipe or found in the flue-pipe by the method laid down in the implementing legislation, is permitted;
(n) a volatile organic substance (VOC) of any organic compound or mixture of organic compounds, except methane whose initial boiling point is less than or equal to 250 ° C, at a normal atmospheric pressure of 101,3 kPa;
(o) the best available technology (s), the most effective and advanced degree of development of the technologies used and their operation, developed on a scale which allows them to be introduced in the relevant economic sector under economically and technically acceptable conditions, while being the most effective in achieving a high level of environmental protection as a whole;
(p) the reduction target of the percentage by which emissions of the pollutant or of the group of pollutants from all sources of air pollution located in the demarcated territory or, where appropriate, from the defined group of sources of air pollution must be reduced within the set time limit compared to the year established as reference;
(r) light pollution by visible radiation from artificial light sources which may bother persons or animals, cause health damage or interfere with certain activities and is based on the location of such sources in ambient air or light sources whose radiation is assigned to the ambient air;
(s) biofuel, liquid or gaseous fuel, as specified in special legislation3a), produced from biomass and intended for the propulsion of road vehicles;
(t) biomass for the production of biofuels for mobile sources, the biodegradable fraction of products, waste and residues from agriculture, forestry and related industries, and the biodegradable fraction of industrial and municipal waste;
(u) other fuels from renewable fuel sources, other than biofuels, which come from renewable energy3b) and which are used in transport;
(v) the minimum amount of biofuels or other fuels from renewable sources determined by the type for which financial support for biofuels is granted to authorised biofuel producers for a specified period;
(w) by an authorised biofuel manufacturer, a person who produces biofuels under the conditions laid down in specific legislation3c) and who, according to government-approved principles, has been assigned a binding share of the specified volume for a specified period;
(x) a specified period for the period during which financial support for biofuel 3d is granted.
(2) For the purposes of this Act in the field of the protection of the ozone layer of the Earth:
(a) the treatment of controlled substances by their production, import, export, placing on the market, storage, collection, recycling, regeneration and disposal; the treatment is also the use of the controlled substance in the manufacturing process and use for quarantine and disinfection purposes to protect the goods from transport,
(b) treatment of products containing controlled substances, their production, import, export, placing on the market, collection and storage, servicing and recycling;
(c) recycling of products processing discarded products for the recovery of controlled substances and material using4a).
(3) For the purposes of this Act in the field of the protection of the Earth's climate system:
(a) by the climate system of the Earth, all atmosphere, hydrosphere, biosphere, geosphere and their interaction;
(b) climate change, which is linked directly or indirectly to human activity changing the composition of the global atmosphere and is observed as a comparable period of time in addition to the natural climate variability;
(c) substances affecting the earth's climate system, carbon dioxide, methane, nitrous oxide, partially and completely fluorinated hydrocarbons and sulphur fluoride.
Obligations of legal and natural persons
(1) Everyone is obliged to limit and prevent air pollution and to reduce the amount of pollutants discharged by it under this Act and the implementing legislation.
(2) All fuels may be produced, stored, imported, sold and used only in accordance with specific legislation4), 5) and this Act and in accordance with quality requirements within the time limits set by the implementing legislation. The waste cannot be used as fuel under the Waste Act.
(3) Products containing volatile organic substances, including fuel, may be produced, imported, sold, labelled, transported, pumped, stored and used only in accordance with the quality requirements and handling methods laid down in the implementing legislation.
(4) The incineration of substances in sources of air pollution which are not fuels designated by the manufacturers of their equipment, or substances listed in a set of technical operational parameters and technical organisational measures to ensure the operation of air pollution sources pursuant to Article 11 (2) shall be prohibited. This prohibition shall not apply to firefighting and to work to eliminate the consequences of dangerous epidemics and natural and other crisis situations carried out in accordance with specific legislation6.
(5) Only wood, charcoal, dry plant materials and gaseous fuels, as specified by the manufacturer, may be incinerated in open fires, garden fireplaces or in open grilling facilities, and those fuels or materials shall not be contaminated by chemicals. The municipality may, by means of a generally binding decree, lay down conditions for the incineration of plant materials pursuant to Paragraph 50 (3) (a) or prohibit the incineration of plant materials, provided that it provides for another way of eliminating them under special legislation7).
(6) When constructing new and changing existing particularly large stationary sources of air pollution, or modernising them, persons authorised to do so shall be obliged to choose the best available techniques in accordance with the requirements of this Act and specific legislation.
(7) Where technically possible, pollutants from a particularly large, large and medium-sized source of air pollution shall be diverted to the air in a defined manner, by a chimney, by a discharge or discharge from an emission control device the height of which must be calculated in order to protect human health and the environment. The method of discharge of waste gases shall be indicated in the environmental conditions referred to in Article 17 (8) (c).
(8) Legal and natural persons shall, where technically possible and economically acceptable to them, make use of central heat sources and, where appropriate, alternative sources in the case of new buildings or in the event of changes to existing buildings, provided that their operation complies with this law and with the provisions issued for its implementation. At the same time, they are required to verify the technical and economic feasibility of cogeneration.
(9) Operators of air pollution sources are obliged to provide, at the request of the Authority (§ 42), or, if the implementing legislation so provides, information on these sources, their technical status and emissions emitted from those sources. The construction of a line source of air pollution requires a dispersion study.
(10) The person placing motor petrol and diesel for free circulation in the tax territory of the Czech Republic is required to ensure that the reported fuel range includes, by 1 January 2007 at the latest, the specified amount of biofuels according to the type laid down by the implementing legislation. This implementing act shall also determine the period covered by the volume determined.
(11) The person referred to in paragraph 10 shall, on 31 January each year, inform the Directorate-General for Customs of the total quantities of fuels for transport purposes listed in the previous calendar year for free tax circulation in the tax territory of the Czech Republic and the share of biofuels in that quantity.
(12) The person referred to in paragraph 10 shall, within a specified volume, purchase from the authorised biofuel producers biofuel produced by them in a quantity corresponding to its share of the market in fuels for transport purposes within the territory of the Czech Republic by energy content, at the minimum purchase prices established under the special legislation (7a) (hereinafter referred to as the "minimum purchase price '), excluding bioethanol for transport purposes (hereinafter referred to as" bioethanol'), directly, bioethanol from the State Material Reserve Administration (hereinafter referred to as "the" minimum purchase price '). Bioethanol The State Material Reserve Administration shall purchase at the minimum purchase prices established under the Specific Legislation (7a) in a specified volume from authorised producers equal to their share of the fixed volume. The conditions and procedure for the purchase and sale of bioethanol by the State tangible reserve management shall be laid down in implementing legislation.
(13) The implementing act lays down the requirements on the quality of fuels in terms of air protection and the deadlines for achieving them, the way in which products containing volatile organic substances are handled and the deadlines for achieving these requirements and the principles and formalities for recording and balancing the consumption of volatile organic substances and the principles for assessing the possibility of using central heat sources in terms of technical and economic acceptability.
AIR PROTECTION
Category and classification of sources of air pollution
(1) The sources of pollution are:
(a) mobile;
(b) stationary.
(2) Mobile sources of air pollution (hereinafter referred to as "mobile source of pollution") are self-propelled and other mobile and, where appropriate, portable equipment equipped with air pollution internal combustion engines, provided that such engines are self-propelled or are incorporated as an integral part of technological equipment. In particular,
(a) means of transport by road vehicles, railway vehicles and machinery, aircraft and vessels;
(b) non-road mobile machinery, such as compressors, portable construction machinery and equipment, bulldozers, forklifts, mobile lifting platforms, agricultural and forestry machinery, road maintenance equipment, snowploughs, snowmobiles and other similar equipment;
(c) portable tools fitted with an internal combustion engine, such as motor mowers and saws, pick-ups and other similar articles.
The conditions for protection of air from pollution caused by mobile sources of pollution are governed by specific legislation4), 5), 8).
(3) A stationary source of air pollution (hereinafter referred to as "stationary source") is an incineration or other process plant which pollutes or may pollute the air, a shaft, a quarry and other surface with the possibility of the vapour, combustion or drift of pollutants, as well as the area on which work or activities are carried out which cause or may cause air pollution, the storage and landfill of fuels, raw materials, products, waste and other similar equipment or activity.
(4) Stationary resources are divided
(a) according to its effect on air quality on categories
1. particularly large,
2. big,
3. Medium and
4. small,
(b) according to technical and technological arrangements:
1. plants of combustion technological processes in which fuels are oxidized for the purpose of the use of released heat, hereinafter referred to as "combustion sources,"
2. waste incineration plants (7) and plants approved under Paragraph 17 (2) (c) for waste co-incineration; and
3. other stationary sources ("other sources").
(5) Combustion sources are classified according to heat input or power in the following categories:
(a) particularly large combustion sources which are sources of pollution with a rated thermal input of 50 MW or more, without taking into account rated heat output;
(b) large combustion sources which are sources of pollution with a rated heat output greater than 5 MW up to 50 MW not falling under point (a);
(c) medium combustion sources which are sources of pollution with rated heat output from 0,2 MW to 5 MW inclusive;
(d) small combustion sources which are sources of pollution with a rated heat output of less than 0,2 MW.
(6) The rated heat input or output of the same operator's particularly large, large and medium combustion sources shall be aggregated for the purpose of determining the source category or emission limits if:
(a) are located in the same room, building or operating unit;
(b) the combustion gases are discharged by a common chimney regardless of the number of chimney vents or, taking into account the layout and type of fuel used, they could be discharged by a common chimney.
(7) For the purposes of determining the source category, the rated heat output of small combustion sources of the same operator shall be aggregated provided that the combustion is discharged by a common chimney or technically feasible.
(8) Waste incineration plants (7) belong to a category of particularly large or large stationary sources and are distinguished by the type of waste incinerated
(a) hazardous waste incineration plants;
(b) municipal waste incineration plants; and
(c) incineration plants other than hazardous and municipal waste.
Combustion plants are classified in the category of particularly large stationary sources.
1. in accordance with point (a), where their nominal operational capacity is more than 10 tonnes per day of waste disposed of,
2. in accordance with point (b), where their nominal operational capacity is greater than 3 tonnes per hour of waste disposed of, or
3. in accordance with point (c), where their nominal operational capacity is greater than 50 tonnes per day of waste disposed of.
(9) Other sources include combustion plants for process heating, where the pollutants generated by the combustion of fuels are carried out together with the pollutants emitted by the technological process.
(10) An operator shall include a stationary source in the relevant category in accordance with this Act and the provisions issued for its implementation. In doubt whether it is a stationary source and its inclusion in the relevant category of stationary sources, the Czech Environmental Inspection Office ("the inspection ') shall decide on the basis of a proposal from the operator or on its own initiative or from another air protection authority.
(11) For technologies and equipment which have not yet been used in operation (newly introduced technologies), the Ministry of the Environment (hereinafter "Ministry") will decide on the category of stationary source and emission limits.
(12) The implementing legislation provides for a way of classifying stationary resources into different categories.
Allowed air pollution level, emission limits
(1) The permissible level of air pollution shall determine the emission limits for each pollutant or their specified group or odour, the permissible darkness of the smoke, the permissible level of odour harassment, emission ceilings and reduction targets for each pollutant or specified group of substances.
(2) Emission limits for stationary sources are broken down into:
(a) the general emission limits established for each pollutant or group of pollutants;
(b) the specific emission limits that are set for the listed stationary sources; the specific emission limits shall be established without taking into account the general emission limits for pollutants or their designated groups of significant emissions in terms of quantity and damage.
(3) Emission limits for products equipped with an internal combustion engine (Section 4 (2) (c)) are laid down in a separate legislation4).
(4) Where several types of fuels are fired simultaneously in a particularly large, large or medium combustion source, emission limits shall be established on the basis of the supporting documents submitted by the inspection operator in accordance with the procedure laid down in the implementing legislation.
(5) Emission ceilings and reduction targets for selected pollutants or specified groups of substances and deadlines for achieving them, where appropriate, emission ceilings and reduction targets for defined territories, for groups or individual stationary sources are set out in national programmes for reducing pollutant emissions in order to comply with the permitted level of air pollution referred to in Article 6 (1).
(6) In the case of a stationary source provided for in the implementing legislation, the Regional Authority may, instead of complying with certain emission limits, require the operator to comply with a reduction plan for pollutants or odour substances, where applicable, or measures to limit the use of raw materials and products from which emissions of pollutants or odoriferous substances are generated (hereinafter referred to as the Emission Reduction Plan).
(7) An operator of a stationary source referred to in paragraph 6 shall draw up a draft emission reduction plan to the extent provided for in the implementing legislation and submit it to the Regional Authority with an application for approval for its implementation.
(8) In the case of a stationary source provided for in the implementing legislation, the Regional Authority shall require the operator, instead of the obligation to comply with emission limits, to comply with the plan to implement the principles of good agricultural practice for a stationary source.
(9) Pollutant emission reduction plans and plans for the implementation of good agricultural practice principles for a stationary source shall be drawn up by the operator of the source referred to in the implementing legislation within the time limit and for a period fixed by the air protection authority, except for the plans for the sources referred to in Article 54 (7), which shall be drawn up for a period of 5 years.
(10) The operator of a stationary source referred to in paragraph 8 shall, to the extent provided for in the implementing legislation, draw up a draft plan for the implementation of the principles of good agricultural practice for a stationary source and submit it to the Regional Authority with an application for approval for its implementation. The implementation of this plan shall be deemed to fulfil the obligation to comply with the emission limits under this Act.
(11) The Regional Authority shall reject the emission reduction plan submitted and the good agricultural practice plan for a stationary resource if it is drawn up in contravention of this Act and its implementing legislation. The negative opinion shall state the reasons for the rejection and the deadline for the submission of the new draft plan.
(12) The implementing legislation establishes a list of pollutants, their designated groups, emission limits of general and specific, procedure for calculating emission limits in cases of simultaneous combustion of different types of fuels or co-incineration of waste with fuels, conditions for the operation of stationary sources, criteria for compliance with these conditions and compliance with emission limits including methods of sampling and measurement, permissible darkness of smoke, odour and odour numbers, the necessity and manner of processing of the emission reduction plan and the plan for the implementation of the principles of good agricultural practice at the stationary source and group of sources for which those plans are being processed.
Allowed level of air pollution
(1) The permitted level of air pollution shall determine the values of the limit values, the tolerance limits and the frequency of overshoot for each pollutant. In the case of tropospheric ozone, the permitted level of air pollution shall be determined by the target limits and long-term objectives. The emission limit shall not be exceeded by more than the tolerance limit and the specified frequency of excess. Imission limits are binding on air protection authorities in their activities.
(2) The Ministry shall, in cooperation with the competent central administrative authorities, develop draft national programmes for reducing emissions of those pollutants or their designated groups for which emission ceilings or reduction targets and deadlines have been established to achieve them in order to improve air quality by achieving the limits of individual pollutants or their designated groups. National emission reduction programmes shall also be drawn up for pollutants which do not have emission ceilings or reduction targets, but which exceed the limits.
(3) The draft national programmes drawn up in accordance with paragraph 2 and submitted by the Ministry shall be approved by the Government by a resolution, with the exception of the national emission reduction programme of the existing particularly large combustion sources issued by the Government by its regulation. National programmes are updated every five years.
(4) The programmes referred to in paragraphs 2 and 5 may be implemented on the basis of agreements between air protection authorities and fixed-resource operators or persons set up by them to deal with problems related to local adverse climatic and dispersion conditions and, where appropriate, with other effects on the immigration situation. Under the agreement, the operator may accede to the stricter emission limits, without prejudice to the provisions of Paragraph 17 (2) (f).
(5) The Regional Authority shall, for its territory, develop a regional programme for reducing emissions of pollutants or their designated groups and the municipal authority may process a local programme for reducing emissions of pollutants or their designated groups for its territory, with a view to improving the air quality, in particular by achieving the limit values for individual pollutants or their designated groups. Regional emission reduction programmes must comply with national programmes and local emission reduction programmes must comply with national programmes as well as regional emission reduction programmes. The content of the national, regional and local emission reduction programme is set out in Annex 2 to this Act.
(6) The counties and the municipalities of the Delegated Regulation issue regional and local emission reduction programmes. Information on regional and local emission reduction programmes shall be provided on the official plates of the relevant region and the relevant municipality together with the notification where they can be consulted and shall be published in electronic form in a publicly accessible information system. The implementation of these programmes shall be continuously monitored and evaluated by the regional authorities and the municipal authorities.
(7) The emission reduction programmes referred to in paragraph 6 shall be based on the performance of public administration at regional and local level, in particular on spatial planning, territorial decision-making and the authorisation of buildings or their changes, and on the assessment of projects which may significantly affect air cleanliness, or development concepts and programmes for the development of individual disciplines and sector9).
(8) The Ministry ensures air quality monitoring throughout the Czech Republic. The Ministry may entrust air quality monitoring with the legal person established by it.
(9) The implementing legislation sets out the method for monitoring air quality, including methods of sampling, measurement, evaluation and other technical requirements; Furthermore, they shall set the limit of imitation and tolerance limits for each pollutant or group of pollutants set, the permissible frequency of exceeding the limit of imitation, the target limit, the long-term objectives and the deadlines for achieving them, binding emission ceilings, reduction targets, pollutants or specified groups of substances for which annual emission inventories and annual emission projections related to the 2010 target year will be prepared and the requirements for the preparation and implementation of emission inventories, emission projections and emission reduction programmes.
Special air protection
(1) An air quality degraded area means a zone or agglomeration area where the value of the limit of imitation for one or more pollutants is exceeded.
(2) The zone is the territory defined by the Ministry for air quality monitoring and management purposes; The agglomeration is a housing group of at least 350 000 inhabitants, defined by the Ministry for Air Quality Monitoring and Management.
(3) The air protection authorities shall ensure that concentrations of pollutants are maintained below the limit values in zones or conurbations where there are no air quality degraded areas.
(4) The definition of the areas referred to in paragraph 1 and any changes thereto shall be carried out by the Ministry once a year and published in the Ministry of the Environment Bulletin. The Ministry will further publish a list of zones and conurbations.
(5) The Ministry shall ensure air quality monitoring in accordance with Article 6 (8) in zones and conurbations in whose territories air quality is impaired.
(6) In zones and conurbations, regional authorities and municipal authorities with a population of more than 350 000 shall draw up programmes to improve air quality for pollutants which, in the previous calendar year, have exceeded the limit and tolerance limit or the limit if the limit of tolerance is not set. The purpose of the programme shall be to meet the limit values within the time limits laid down in the implementing legislation. The scope of the programme is set out in Annex 3 to this Act. The municipal authority may develop a local programme to improve air quality. This programme corresponds to the scope of Annex 3 to this Act.
(7) The regional authorities and municipal authorities with a population above 350 000 will update the programmes at three-year intervals or within 18 months of the end of the calendar year in which the zone or agglomeration has exceeded the limit of imitation and tolerance, or, where the tolerance limit is not set, the limit for the pollutant which is not included in the programme of the zone or agglomeration. At the same time as the update, the Ministry shall inform the Ministry of the state of implementation of the measures proposed by the quality improvement programme and shall send a copy of the updated version of the programme to the Ministry. Information on air quality improvement programmes shall be provided on the official plates of the competent authority, together with a notification where they can be consulted, and the programmes shall be published electronically in a publicly accessible information system.
(8) A programme to improve air quality is part of the programme. The structure of the Programme Supplement corresponds to the Specific Regulation 9a). The Regional and Municipal Authority shall include in the Programme Supplement only its own priority measures and projects or measures and projects resulting from local air quality improvement programmes designated as critical for air quality under the Local Programme.
(9) The air quality improvement programmes referred to in paragraph 6 shall be based on the performance of public administration at regional and local level, in particular on the planning, zoning and authorisation of buildings or their changes, and on the assessment of the effects of construction or technology on the environment under specific legislation9).
(10) Air quality improvement programmes developed at zone and agglomeration level shall comply with the national programme and local air quality improvement programmes shall comply with the programme developed at the level of the zone or agglomeration concerned.
(11) For areas with impaired air quality, regional authorities and municipal authorities with a population of over 350 000 will draw up action plans containing an overview of short-term measures. The measures provided for in the action plans will be implemented subject to the conditions laid down in the implementing legislation.
Smog situation
(1) The smog situation is a state of extremely polluted air where the level of air pollution by the pollutant exceeds the specific limit of imitation laid down in the implementing legislation.
(2) The specific limit of imitation referred to in paragraph 1 shall be that level of air pollution beyond which there is already a risk of damage to human health or damage to the ecosystem at short exposure.
(3) The possibility of creating, establishing and ending a smog situation is declared without delay by the Ministry or the legal entity established by it within the framework of the Central Regulations. At the same time as the smog situation arises, it will put out regulatory measures to limit emissions from stationary sources, which are decisively involved in air pollution.
(4) For areas with impaired air quality as referred to in Article 7 (1), the implementing legislation shall provide for a smog warning and regulatory system and its operation, including a list of stationary sources subject to regulation under paragraph 3. The operation of the smog, warning and regulatory system is regulated by the central regulatory order, the regional and local regulatory order.
(5) The Region and the municipality are obliged by their regulation to issue a regulatory order for their territory in areas with impaired air quality. In these regulatory rules, the notification and recall of the signal of the warning and the signal of the regulation on its territory shall, in the event of the possibility of a smog situation or of limiting or suspending the operation of stationary and mobile sources of pollution within its territorial scope, be regulated in accordance with paragraph 3. When drawing up the regional and local regulatory rules, the Regional Authority and the Municipal Authority shall take into account the negative consequences of limiting or stopping livestock farming operations.
(6) The Regional Regulatory Order must not conflict with the Central Regulatory Order. The local regulatory order shall not conflict with the regional regulatory order and the central regulatory order.
(7) In the event of a smog situation, the air protection authority may:
(a) order operators of stationary sources to restrict or suspend the operation of the source;
(b) order mobile source operators to pollute or prohibit the use of such sources.
(8) The regulatory measure may be declared for an essential period of time, only stating the reason and territory to which the regulatory measure applies. In the regulatory measure, the air protection authority shall indicate to which persons the regulatory measure applies and which restrictions are to be imposed.
(9) The person concerned by the regulatory measure is required to comply with that measure throughout the period from the moment when the regulatory measure took effect until its repeal.
(10) Information to the public on the announcement of a signal of warning, a signal of regulation, a signal of warning and their appeal is provided by the Ministry or the legal person or regional authority established by it on television and radio broadcasting; The municipal authority shall declare a signal of warning and a signal of regulation, their changes and appeals in local information means.
(11) The person who operates a television or radio shall, without reimbursement of costs, be obliged to publish, without delay and without modification of the content and meaning, information on the announcement and withdrawal of the warning signal, the regulation signal and the warning signal at the request of the Ministry or the regional authority.
(12) The implementing act shall set out the values of the specific imitation limits for pollutants, or their designated groups, the manner of their control, including the methods of sampling, measurement and other technical requirements, the central regulatory order and its operation, including the list of stationary sources subject to the regulation referred to in paragraph 3, the conditions leading to the publication of action plans, the structure and content of the action plans, the principles of drawing up and implementing action plans and the principles for drawing up and operating regional and local regulatory rules.
Detection of pollutants
(1) The emission of pollutants from particularly large, large or medium-sized stationary sources shall be determined by operators in particular by measurements and, in the cases provided for in the implementing legislation, by calculation. In doubt, the regional authority shall decide on a proposal from the operator.
(2) Emission measurements are carried out at a site where there are no changes in the composition of the effluents discharged into the ambient air. If a stationary source has several fuses, chimneys or discharges, emissions shall be measured on each of them. The measurement and evaluation of the measured values shall be performed on a one-off basis at the dates specified in the implementing legislation or continuously throughout the year (continuous measurement).
(3) Continuous emission measurements shall be continuously measured by mass concentrations of pollutants emitted from a stationary source during the calendar year. The results of continuous emission measurement shall be continuously recorded, evaluated and stored to the extent and in the manner laid down in the implementing legislation.
(4) Where no specific emission limit is set for a stationary source for a given pollutant or group of substances, the operator shall comply with the general emission limit. The Regional Authority shall, at the request of the operator, on its own initiative or on a proposal for an inspection, define by decision the pollutants or their designated groups to meet the general emission limits.
(5) The efficiency of combustion and the quantity of discharges for small combustion sources referred to in Article 12 (1) (f) shall be ascertained by a person holding a valid authorisation under Article 15 (1) (b) or by a person authorised under Article 15 (14) by means of the procedure laid down in the implementing legislation.
(6) The level of air pollution and compliance with the limits shall be ascertained by the air protection authorities by measuring or combining measurements and model calculation or by model calculation or other method of expert estimation. Dispersal studies shall be carried out by a person who holds a valid authorisation pursuant to Article 15 (1) (d) or is authorised under Article 15 (16) and (19).
(7) Measurement to demonstrate compliance with emission limits or verification of the accuracy of measurement of pollutants carried out by the operator for particularly large, large and medium-sized stationary sources and measurement of imitations is carried out by a person holding a valid authorisation pursuant to § 15 (1) (a) or by a person authorised under § 15 (16) and (18).
(8) In the cases provided for in the implementing legislation, the measurement of pollutants shall be carried out by the operator at the stationary source in the manner laid down in the implementing act.
(9) The operator shall demonstrate, on the basis of the results of the measurements, the reported emissions of pollutants and compliance with the fixed emission limits and emission ceilings.
(10) The implementing legislation sets out the scope and manner of measurement of pollutants for stationary sources, including their evaluation, continuous emission measurement, including recording, evaluation and storage; Furthermore, it shall establish groups of stationary sources where the pollutants are to be collected by calculation and the calculation procedure including emission factors, measuring the efficiency of combustion for small combustion sources including the quantity and extent of discharges, detailed procedures for determining the level of air pollution, including methods and other requirements, as well as the conditions for operating the measuring station system.
Detection of odours
(1) The introduction of odour from stationary sources into the air above the permissible level of odour harassment is not permitted.
(2) The implementing legislation provides for the permissible level of odour harassment and the method of detection, and lays down emission limits for odour substances and the method for determining the concentration of odour substances.
Obligations of operators of particularly large, large and medium-sized stationary resources
(1) Operators of particularly large, large and medium-sized stationary sources are required to:
(a) to put into service and operate stationary sources in accordance with the air protection conditions set out in the opinions and authorisations issued pursuant to paragraph 17 and in accordance with the technical conditions of operation of the source equipment established by its manufacturer and with the operating rules, provided that an obligation to process it is laid down in paragraph 2; where they are not published, the operators shall proceed in accordance with decisions issued under the legislation in force until the date of application of this law;
(b) comply with the emission limits, including the time limits for filling them, the limit content of substances in products, the emission ceilings, the permissible darkness of smoke and the permissible level of odour harassment;
(c) determine the quantity of pollutants discharged by the procedure and in the manner laid down in the implementing legislation;
(d) comply with the instructions of the air protection authorities on redress pursuant to Paragraph 38;
(e) maintain an operational record of stationary sources to the extent laid down in the implementing legislation and process the summary record of the traffic records and transmit it to the competent air protection authorities;
(f) provide the competent air protection authorities with the data referred to in point (e) and other data requested by them, in particular to establish the proportion of the source to air pollution;
(g) immediately remove in the operation of stationary sources hazardous to air quality and take action to prevent accidents; in the event of such occurrence, report to the air protection authority within 24 hours at the latest; in the event of a failure which is considered to be a deviation from the normal operation of the source due to a technical defect and where emission limits cannot be complied with at the source, immediately disconnect the source in accordance with a set of technical organisational measures, unless it is possible to remove it within 24 hours of its formation; This provision is without prejudice to the obligations laid down in specific legislation6),
(h) develop, for the purpose of regulating emissions in the context of the situation referred to in Section 8, regulatory rules for the operation of stationary sources and submit them for approval;
(i) when issuing the regulatory measures referred to in Article 8 (3) to comply with the obligations arising from the central, regional and local regulatory rules pursuant to Article 8 (4) and (5),
(j) ensure and operate properly the technical means for continuous (continuous) measurement of emissions of air pollutants, including recording, evaluation and storage of its results, provided that the implementing legislation so provides;
(k) in the event of a serious or immediate threat to health due to excessive concentrations of pollutants, immediately stop or restrict the operation of a stationary source, part of it or any other activity which causes the risk or reduction of air quality, inform the inspection and the administrative authorities in accordance with a special legislative provision (6) without delay and comply with their instructions for redress; inform the public at the same time of the consequences of the disorder or other cause which led to the occurrence of the situation;
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
HLAVA II
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
HLAVA III
§ 23
§ 24
§ 25 až 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA IV
§ 34
§ 35
§ 35a
HLAVA V
§ 36
§ 37
HLAVA VI
§ 38
§ 39
§ 40
§ 41
HLAVA VII
§ 42
§ 43
§ 44
§ 45
§ 45a
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
HLAVA VIII
§ 53
§ 54
§ 55
§ 56
ČÁST ŠESTÁ
§ 61
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Regulation Information
| Citation | Full text of Act No. 472 / 2005 Coll., Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.12.2005 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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