What is Act No. 76 / 2002 Coll.?

Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Integrated Prevention Act) — Act on integrated pollution prevention and control, on integrated pollution register and on amending certain laws (Act on integrated prevention).

When it became Act No. 76 / 2002 Coll. effectiveness?

Act No. 76 / 2002 Coll. became effective 01.01.2003.

Is Act No. 76 / 2002 Coll. still valid?

Yes, Act No. 76 / 2002 Coll. is still valid and effective.

Act No. 76 / 2002 Coll. - Act on integrated pollution prevention a...

76

THE LAW

of 5 February 2002

on integrated pollution prevention and control, on an integrated pollution register and amending certain laws (Integrated Prevention Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Purpose and subject matter of the law

(1) The purpose of the Act is, in accordance with European Union1) to achieve a high level of environmental protection as a total2) by applying integrated pollution prevention and control arising from the activities listed in Annex 1 to that Act.

(2) This law

(a) lay down the obligations of the operators;

(b) provide for the procedure for issuing an integrated authorisation and for further management and procedures concerning an integrated authorisation;

(c) determine the competence of public authorities under this law;

(d) regulates the arrangements for the exchange of information on best available techniques, the establishment and operation of technical working groups and the publication of information on best available techniques;

(e) lay down penalties for infringements of the obligations laid down by this law;

(f) regulate the management of the integrated prevention information system and determine its content.

(3) This law does not apply to:

(a) pollution caused by the introduction of radioactive substances (3) into the environment;

(b) discharges of radioactive substances into the environment and emission limits established for these substances under specific legislation, 3)

(c) the treatment of genetically modified organisms in accordance with a specific legislation; 4)

§ 2

Basic concepts

For the purposes of this Act:

(a) equipment of a stationary technical unit in which one or more of the industrial activities listed in Annex 1 to this Act are carried out and any other directly related activities which are technically related to the industrial activities listed in Annex 1 to this Act taking place at the site concerned and could affect emissions and pollution, not least to a stationary technical unit used for research, development and testing of new products and processes; a stationary technical unit in which none of the activities listed in Annex 1 to this Act are carried out shall be considered as an installation if it has been requested to issue an integrated permit;

(b) pollution by human activities directly or indirectly caused by the intrusion of substances, vibrations, noise, heat or other forms of non-ionising radiation into the air, water or soil which may be harmful to human or animal health or which may adversely affect the quality of the environment or cause damage to physical property or may reduce or prevent the use of environmental values which are protected by specific legislation; 5)

(c) emissions of direct or indirect discharges of substances, the spread of vibrations and radiations of noise, heat or other forms of non-ionising radiation from equipment to the environment;

(d) an emission limit of maximum permissible emissions expressed in quantities, concentrations, mass flows or other specific quantities which must not be exceeded during one or more time periods; emission limits may also be established for certain groups, species or categories of substances, in particular those listed in Annex 2 to this Act;

(e) by the best available techniques, the most effective and advanced stage in the development of technologies and methods of operation, showing the practical suitability of certain techniques as a basis for determining emission limits and other mandatory operating conditions for installations intended to prevent emissions, or, where this is not possible, reducing emissions and their adverse environmental impacts as a whole;

1. techniques mean both the technology used and the way in which the equipment is designed, constructed, operated, maintained and disabled;

2. available techniques are techniques developed on a scale that allows the industry to be introduced in the relevant industry under economically and technically acceptable conditions, taking into account costs and benefits, if the operators of the installation are available under reasonable conditions, whether used or produced in the Czech Republic,

3. best means the most effective techniques in terms of achieving a high level of environmental protection as a whole;

when determining the best available technology, account shall be taken of the aspects listed in Annex 3 to this Act,

(f) by the environmental quality standard, a summary of the requirements established under specific legislation, 5) which the environment must meet at a given time and place;

(g) by means of an integrated authorisation of a decision laying down the conditions for the operation of the installation and which is issued instead of decisions, opinions, observations and assents issued in accordance with specific environmental, public health and agriculture legislation, if these Regulations so permit (6);

(h) the operator of the establishment is a legal person or natural person who actually operates or will operate the establishment; where such a person is not known or does not exist, the owner of the installation shall be considered to be the operator of the installation;

(i) a substantial change in the use, mode of operation or scope of equipment which may have significant adverse effects on human health or the environment; a material change shall always be considered as

1. a change in the use, mode of operation or scope of the installation, if it itself achieves the thresholds set out in Annex 1 to this Law;

2. a change of operation in a waste heat treatment plant (28) processing only other waste which affects the heat treatment of hazardous waste in an installation listed in Annex 1 to this Act;

3. a change in the use, mode of operation or range of equipment which includes an exemption from the emission levels associated with the best available techniques (§ 14 (5)) or results from the review of the mandatory conditions of the integrated permit carried out on the basis of § 18 (2) (d);

(j) the reference document on best available techniques, the document resulting from the exchange of information organised at European Union level pursuant to Article 13 of Directive 2010 / 75 / EU of the European Parliament and of the Council, shall be drawn up for designated activities and shall describe in particular the techniques used, the current levels of emissions and consumption, the techniques considered to identify the best available techniques as well as the conclusions on best available techniques and any emerging techniques, with particular regard to the criteria set out in Annex 3 to this Law;

(k) conclusions on best available techniques document containing parts of the best available techniques reference document setting out conclusions on best available techniques, their description, information to assess their applicability, emission levels associated with best available techniques, related monitoring, related consumption levels and, where appropriate, relevant remediation measures;

(l) emission levels associated with the best available techniques, the range of emission levels obtained under normal operating conditions by applying the best available techniques or by combining the best available techniques as described in the best available techniques conclusions, expressed as an average over a specified time frame under specified reference conditions;

(m) a new technique of industrial activity which, if developed for commercial purposes, could provide either a higher general level of environmental protection or at least the same level of environmental protection and higher cost savings than the existing best available techniques;

(n) the soil of the upper layer of the crust situated between the solid rock ground and the ground surface; the soil is composed of mineral particles, organic matter, water, air and living organisms,

(o) dangerous substances of substances or mixtures as defined in Article 3 of Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures,

(p) basic report on the state of pollution of soil and groundwater by the relevant hazardous substances.

HLAVA II

INTEGRATED AUTHORISATION

Procedure for issuing an integrated authorisation

§ 3

Application for an integrated authorisation

(1) An application for an integrated authorisation (hereinafter referred to as an application) shall be submitted by the operator of the installation to the administrative authority which is responsible locally for issuing an integrated authorisation (hereinafter referred to as the Authority) in electronic form.

(2) The annexes to the application may be presented in paper form if there are technical or economic reasons.

(3) The Office shall verify, within 10 days of the date of receipt of the request, whether the application contains all the required elements (Section 4) and whether the equipment in the application is defined in accordance with this law and the implementing legislation. If the Authority does not invite the operator of the installation to complete the application within that period, the application shall be deemed complete.

(4) If, after the expiry of the period referred to in paragraph 3, the Authority concludes during the procedure that it is not possible to continue the procedure without further completion of the application, it shall invite the operator of the installation to complete it. All parties must be informed of the completion of the application.

§ 3a

Preliminary information on the application

Before submitting an application, the Authority shall, at its request, provide the operator with preliminary information in accordance with the Administrative Rules (29) on the requirements of the application (§ 4) and on the definition of the installation in the application in accordance with this Act and the implementing legislation.

§ 4

Content of the application

(1) The application shall contain:

(a) the firm or name, or name and surname, registered office or place of business, identification number of the person, if assigned;

(b) name and surname, identity card number, if not issued, the number of the document replacing it, the address of the place of permanent residence or, where applicable, the address for delivery, if the operator of the establishment is a natural person who is not an entrepreneur;

(c) a description of the activity, identification details of the location of the activity (municipality, cadastral territory, partition number or name of the construction), or category of activity, if listed in Annex 1 to this Act and identification of the main activity;

(d) a brief summary of the information referred to in points (a) to (c), (e) to (l), (p) and (q) in a generally understandable manner;

(e) a description of the raw materials and auxiliary materials, other substances and energy used or produced by the installation;

(f) a list and a description of the sources of emissions and sources of noise, vibration and non-ionising radiation, and a description of the other effects of the equipment, their characteristics, environmental and human health effects and the expected amount of emissions to individual environmental components;

(g) the characteristics of the state of the territory (in particular a description of the existing imitation situation and the existing state of pollution of soil and groundwater) where the installation is or is intended to be located, including the definition of basic conflicts within the territory;

(h) a description of the technology and other techniques to prevent emissions and, where this is not possible, to limit pollution emissions;

(i) a description of the measures to prevent, re-use, recycling and recovery of waste generated in the installation;

(j) a description of the existing or envisaged measures for measuring and monitoring emissions emitted into the environment;

(k) comparison of existing or envisaged equipment with the best available techniques;

(l) a description of other planned measures to ensure that preventive obligations are met, such as energy efficiency, prevention of accidents (8) and the reduction of their possible consequences, the elimination of risks of potential environmental pollution and the threat to human health arising from an installation after its completion to the greatest extent possible;

(m) design of mandatory operating conditions and justification (§ 13), including evaluation of the conformity of the design with the best available techniques, including, where appropriate, expert assessment (§ 14 (5));

(n) decisions, opinions, observations and endorsements which have been issued under specific legislation, 10) and supporting documents relating thereto, provided that they can replace the information referred to in this paragraph;

(o) the supporting documents required for the decision, opinions, observations and assents under specific legislation6) and the integrated authorisation to replace them if they are no longer contained in the particulars referred to in (a) to (n);

(p) an overview of any alternatives to the proposed techniques and measures tested by the operator of the installation;

(q) the basic report (§ 4a) if the operator of the installation is obliged to ensure its preparation.

(2) The Authority and the competent administrative authorities are required to provide the operator of the installation, at his written request, with available information on the state of the environment in the territory concerned by the operation of the installation.

(3) The implementing act shall establish the model of the application, the scope and the manner in which it is completed.

§ 4a

Basic report

(1) Where dangerous substances which may cause soil and groundwater contamination (30) at the site of the installation are used, produced or discharged, the operator of the installation shall ensure the preparation of the basic report and submit the basic report to the Authority for approval as part of the application.

(2) The baseline report shall contain the information needed to determine the state of pollution of soil and groundwater in order to make a quantified comparison with the state of complete cessation of operation of the installation pursuant to Paragraph 15a. The elements of the basic report shall be laid down in the implementing legislation.

(3) The basic report can only be processed by qualified persons under Article 3 of the Geological Labour Act (31). In the processing of the basic report, these competent persons shall proceed under the Geological Labour Act 31).

(4) Documents relating to soil and groundwater pollution at the site of the installation, processed under other legislation32, may be used for the processing of the basic report.

§ 5

Professional support for state administration

The Ministry of the Environment (hereinafter "the Ministry ') shall provide professional support to the performance of public administration in the field of integrated prevention by means of its controlled contribution organisation (hereinafter" the Agency'). At the same time, the Ministry shall extend the main activities of this organisation in its establishment list in accordance with the first sentence and extend its organisational arrangements to include an integrated prevention unit.

§ 5a

Integrated prevention information system

(1) The integrated prevention information system is a national public administration information system (33) managed by the Ministry and is part of a single environmental information system.

(2) The integrated prevention information system serves to ensure all obligations relating to disclosure and public access to information under this law.

(3) The Ministry shall manage and coordinate the procedure of the competent public authorities when publishing data in the integrated prevention information system under this Act.

(4) In the integrated prevention information system, the following data shall be kept for publication purposes:

(a) the application and a brief summary of the application data (Article 4 (1) (d));

(b) observations in the context of professional support for the exercise of the state administration in an integrated authorisation procedure (Section 11);

(c) the decision on the application (§ 13 (2) and (3)), the amendment of the integrated authorisation (§ 19a (4), the merger of integrated authorisations (§ 20a), the abolition of the integrated authorisation (§ 20 (2)) and the exclusion of equipment from the scheme of this law (§ 20 (3)),

(d) the decision on appeal against the decision on the application (Paragraph 13 (11)),

(e) information on exemptions from best available techniques (Section 14 (5));

(f) reported information on compliance with the conditions of the integrated permit (Paragraph 16a (1));

(g) changes to operators (§ 17);

(h) the full text of the integrated authorisations (§ 19a (7));

(i) inspection reports and review information (Sections 20b (9) and 18 (12));

(j) a list of establishments for which an integrated permit has been issued under this Act and their operators;

(k) information on best available techniques conclusions and best available techniques reference documents;

(l) information on the obligations of the Czech Republic arising from European Union legislation on integrated pollution prevention and control (1);

(m) further information on integrated prevention within the Czech Republic and the European Union.

(5) The data from the integrated prevention information system referred to in paragraph 4 are published on the Ministry's website.

(6) Data from the integrated prevention information system are used to fulfil the obligations of the Czech Republic under the relevant European Union legislation on integrated pollution prevention and control (1).

§ 7

Interested parties

(1) The parties to an integrated authorisation procedure are always:

(a) the operator of the installation;

(b) the owner of the installation, if not the operator of the installation;

(c) the municipality in whose territory the establishment is or is to be located;

(d) the region on whose territory the installation is or is intended to be located;

(e) a territorial unit whose territory, environment or population could be affected by the operation of an establishment if, within 30 days of the date of publication of the information referred to in Article 8 (2), it notifies the Office in writing of its participation in the proceedings;

(f) economic chambers and employers' associations whose activity is the promotion and protection of professional or public interests under special legislation12), provided that, within 30 days of the publication of the information referred to in Article 8 (2), they notify the Office in writing of their participation in proceedings,

(g) a legal person governed by private law whose activity under the founding act is the protection of the environment or public health and whose principal activity is not an enterprise or other gainful activity which has been established at least 3 years before the date of publication of the information referred to in Article 8 (2) or which is supported by its signatures by at least 200 persons, provided that, within 30 days of the date of publication of the information referred to in Article 8 (2), it notifies the Office in writing of its participation in the proceedings.

(2) Compliance with the support condition of at least 200 persons referred to in paragraph 1 (g) shall be demonstrated by a legal person supporting the signature. The heading supporting the signature documents and each of its numbered signatures shall include at least:

(a) the identification details of the legal person for whose support the signed instrument is intended;

(b) the fact that the instrument is intended to promote the participation of a legal person in administrative proceedings concerning an establishment in which interests protected by this law may be affected;

(c) the name of the establishment referred to in (b);

(d) the reference number and the date of issue of the notice of initiation referred to in (b).

(3) Any person supporting a legal person referred to in paragraph 1 (g) shall enter his name, surname, date of birth and address of the place of residence on the signature sheet and attach his own handwritten signature. The period of validity of supporting signatures shall be 1 year from the date indicated in the heading supporting the signatures.

(4) A party shall also be deemed to be a party to proceedings, 6) if his status as a party is no longer defined in paragraph 1.

§ 8

Dispatch and publication of the application

(1) The Office shall, as soon as it finds that the application is complete, send it for comments.

(a) to the parties to the proceedings, except for the operator of the establishment making the request;

(b) to competent administrative authorities which exercise jurisdiction under specific legislation6) and whose administrative acts are replaced by the issue of an integrated authorisation;

(c) a State whose environment may be significantly adversely affected by the operation of an installation, hereinafter referred to as "the State concerned."

(2) The Office shall at the same time, within the time limit referred to in paragraph 1, by means of an integrated prevention information system, on its official plate and on the official plate of the municipality in whose territory the installation is or is intended to be located, ensure the publication of the application and a brief summary of the information referred to in paragraph 4 (1) (d), and the information on when and where it is possible to consult the annexes to the application which are not available in electronic form and, where appropriate, to obtain extracts, copies or copies thereof. The Authority and the municipality shall post this information and on their official boards for a period of 30 days. Any person may send his or her observations on the application to the Office within that period. In doubt, the date on which the Office published the application and a brief summary of the data referred to in Article 4 (1) (d) through the integrated prevention information system shall be deemed to be the date on which publication begins.

(3) The Office will also forward a request to the State concerned for publication, acting in accordance with the international treaties by which the Czech Republic is bound.

(4) The Office is required to ensure the protection of business secrets, personal data and other data protected under specific legislation, 13) if these data are identified as protected in the application. In this way, the particulars referred to in Article 4 (1) (a), (b), (c), (d), (f) and (m) cannot be marked.

§ 9

Observations of competent administrative authorities and parties

(1) The competent administrative authority shall send the Authority its observations no later than 30 days after receipt of the request, which shall include, in particular, an evaluation of the draft mandatory conditions for the operation of the installation and, where appropriate, of the additional mandatory conditions it proposes to include in the integrated permit.

(2) The observations of the competent administrative authorities sent to the Office are not administrative decisions.

(3) The parties referred to in Articles 7 (1) (a) to (d) and 7 (2) may submit their observations to the Office within the time limit referred to in paragraph 1. The parties referred to in Article 7 (1) (e) to (g) may submit their observations to the Office only at the same time as the written declaration of their participation.

(4) The Authority does not take account of the observations sent after the time limits referred to in paragraphs 1 and 3.

§ 10

State observations

If the State concerned requests to discuss its observations on the application, the Office shall proceed in accordance with the international treaties by which the Czech Republic is bound. For the duration of the examination of the application with the State concerned, the time limits for issuing the integrated authorisation provided for by this Act shall be extended.

§ 11

Observations

(1) The Authority may require the examination of an application for technical advice on the application of the best available techniques or, in particularly complex cases, on the whole application. The Office shall inform the parties thereof without delay.

(2) The expression in the context of professional support for the performance of the administration to use the best available techniques shall at least include:

(a) comparison of equipment with the best available techniques;

(b) an assessment of the design of the mandatory operating conditions of the installation, including an assessment of their compliance with the conclusions on best available techniques and their technical feasibility; and

(c) evaluation of the expert assessment referred to in Article 14 (5), where it has been submitted, in the cases referred to in Article 14 (6) and (7), an opinion on the identification of the best available techniques.

(3) The Agency shall send the expert opinion to the Authority within 30 days of receipt of the request. The Authority shall publish it immediately after its receipt by means of an integrated prevention information system and on its official plate for 15 days.

§ 13

Decision on the application

(1) The Authority shall decide on the application of the operator within 45 days of the expiry of the period referred to in Article 9 (1).

(2) If, after examination of the application, the Authority finds that the operator's intention set out in its application does not comply with the requirements of this Act and the specific legislation6) or that the mandatory conditions proposed for the operation of the installation are not met for technical reasons, it shall reject the application for an integrated authorisation.

(3) Where the grounds for refusal referred to in paragraph 2 are not provided, the Office shall, on the basis of the results of the examination of the application, issue an integrated authorisation containing, in addition to the general requirements laid down in the administrative rules:

(a) the firm or name, or the name and surname, registered office or place of business, the identification number of the person, if assigned, if the operator is a legal person or a natural person who is an entrepreneur;

(b) name and surname, identity card number, if not issued, the number of the document replacing it, permanent residence, if the operator of the establishment is a natural person who is not an entrepreneur;

(c) a description of the equipment and a description of the location of the equipment;

(d) the conditions of operation of the installation, the procedures and arrangements to ensure compliance with these conditions (hereinafter referred to as "mandatory operating conditions");

(e) a list of decisions, opinions, observations and assents issued under specific legislation6) which are replaced by an integrated authorisation.

(4) Under the mandatory operating conditions referred to in paragraph 3 (d), the Authority shall establish:

(a) emission limits (§ 14);

(b) measures to eliminate the risks of potential pollution of the environment and to endanger human health arising from an installation after the closure of its activity and conditions to ensure the return of the installation to a condition in accordance with the requirements of Section 15a when it is fully shut down;

(c) conditions ensuring the protection of human health and the environment in the management of waste and measures to monitor waste arising from the installation;

(d) conditions ensuring the protection of human health and the protection of the environment, in particular the protection of air, soil, groundwater and surface water;

(e) other specific conditions for the protection of human health and the environment which the Authority finds necessary with regard to local environmental conditions and the technical characteristics of the installation;

(f) measures for the efficient use of raw materials and energy;

(g) measures to prevent accidents (8) and to limit any consequences thereof;

(h) procedures or arrangements for operations relating to situations different from normal operating conditions (for example, putting equipment into service, test operations according to special legislation24), equipment failures, short-term interruptions and final termination of equipment operation);

(i) the method of monitoring emissions by technical measures for monitoring emissions, including the specification of the measurement methodology, including its frequency, keeping monitoring records; in the case of the application of the procedure under Paragraph 14 (4) (b), the requirement that the results of the monitoring of emissions are available for the same time periods and reference conditions as for the best available techniques emission levels;

(j) measures to minimise the remote movement of pollution or pollution crossing national borders and to ensure a high level of protection of the environment as a whole;

(k) the procedure for assessing compliance with the conditions of the integrated permit, including the obligation to submit regularly to the Authority, at least annually, the results of the emission monitoring and other data required to enable the Authority to check compliance with the conditions of the integrated permit; in the case of the application of the procedure referred to in Article 14 (4) (b), also a summary of the emission monitoring results allowing comparison with the emission levels associated with the best available techniques;

(l) the procedures and requirements for the regular maintenance of equipment and procedures to prevent emissions to soil and groundwater and the methods of monitoring soil and groundwater in relation to the relevant hazardous substances which may occur at the site and taking into account the possibility of pollution of soil and groundwater at the site of the installation;

(m) the conditions for assessing compliance with emission limits; These conditions may be replaced by a reference to other legislation36).

(5) The justification for the integrated permit shall include the full settlement of the comments made on the application in the statements submitted pursuant to paragraphs 8 to 11. The Authority shall also state in the justification of the integrated authorisation on the basis of which conclusions on best available techniques and best available techniques reference documents are based binding operating conditions. In the case of an exemption from the emission levels associated with the best available techniques referred to in Article 14 (5), the justification of the integrated authorisation shall include specific reasons for granting such an exemption, including conclusions of the expert assessment, and the justification of the mandatory operating conditions established on the basis of the exemption granted.

(6) The mandatory operating conditions imposed by the Authority pursuant to paragraph 4 shall always include conditions, procedures and measures which would otherwise be laid down on the basis of specific legislation, (6) under which decisions, opinions, observations and endorsements would be issued, which are replaced by an integrated authorisation. Such decisions, opinions, observations and assents may not be issued in accordance with specific legislations6).

(7) Where the grounds for appeal or for decomposition against a decision on an application relate to the application of the best available techniques under the responsibility of the Ministry of Industry and Trade or the Ministry of Agriculture, or other technical aspects of the operation of the equipment related to those best available techniques, the Ministry shall send an appeal or breakdown and a copy of the application for an integrated authorisation, including that decision, to the Ministry of Industry and Trade or to the Ministry of Agriculture, according to their scope, to assess whether there has been an error in the application of the relevant conclusions on best available techniques and the reference document on best available techniques when establishing mandatory operating conditions. Those central administrative offices shall send their observations within 15 days of receipt of the appeal or of the decomposition against the decision given. These observations are the basis for a decision by the Ministry or the Minister of the Environment on appeal or degradation.

(8) Where the grounds for appeal or for decomposition against a decision on an application relate to conditions relating to the protection of public health, the Ministry shall send an appeal or breakdown and a copy of the application for an integrated authorisation, including that decision, to the Ministry of Health, which shall be expressed in terms of public health protection. The Ministry of Health shall send its observations within 15 days of receipt of the appeal or decomposition against the decision given. This statement is the basis for a decision by the Ministry or the Minister of the Environment on appeal or degradation.

(9) The decision referred to in paragraph 2 or 3 shall be published by the Authority, through the integrated prevention information system, within 5 days of the date of the acquisition of legal power, and shall, for a period of 30 days, publish on its official plate information on when and where the decision can be consulted. Where the application has been dealt with under Paragraph 10, the Authority shall inform the State concerned of the decision referred to in paragraph 2 or 3.

(10) The Regional Office shall send these decisions to the Ministry within 7 days of the date on which those decisions become legal.

(11) If the decision on appeal or decomposition against a decision on a request under paragraph 2 or 3 has been terminated, the Ministry shall publish the decision on appeal or decomposition within 5 days of the date of its acquisition of legal power through an integrated prevention information system.

Method of establishing mandatory operating conditions

§ 14

(1) The Authority shall establish emission limits for the pollutants listed in Annex 2 to this Act when they are discharged from the installation and other emission limits to be established under other legislation. (6) The Authority may also set emission limits for other groups or categories of pollutants and the corresponding limits for noise, vibration and non-ionising radiation37). (a) the Authority shall establish emission limits for these greenhouse gases only where this is necessary to prevent serious pollution at the place of operation. Emission limits may be supplemented or replaced by equivalent parameters or other technical measures which ensure an equivalent level of environmental protection.

(2) Emission limits for pollutants and relevant limits for vibrations, noise, heat or other forms of non-ionising radiation usually refer to the point where emissions are based on equipment. Dilution before the point where emissions leave the installation shall not be taken into account when determining emission limits. In the case of effluents into sewage, the Authority may take into account the cleaning effect of the sewage treatment plant when determining the emission limit of the installation concerned, provided that an equivalent level of environmental protection as total2 is guaranteed and that the result is not greater environmental pollution.

(3) In establishing binding operating conditions, in particular emission limits, the Authority shall base itself on the best available techniques and apply the conclusions on best available techniques without, however, prescribing the use of any particular method or technology. The mandatory operating conditions thus established shall not be less than those which would otherwise have been laid down under specific legislation. 6)

(4) The Authority will establish emission limits to ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as set out in the best available techniques conclusions decisions, by one of the following means:

(a) setting emission limits which do not exceed the emission levels associated with the best available techniques; the emission limits are expressed over the same period as the emission levels associated with the best available techniques or over shorter periods and under identical reference conditions; or

(b) setting emission limits other than those referred to in (a) in respect of values, periods and reference conditions.

Where the procedure referred to in point (b) is used, the Authority shall assess at least annually the results of emission monitoring to ensure that emissions under normal operating conditions do not exceed the emission levels associated with the best available techniques.

(5) The Authority may, in specific cases, set lower emission limits than those laid down in paragraph 4. The procedure may be applied only if the expert assessment submitted by the operator shows that there will be no significant environmental pollution, a high level of environmental protection will be achieved overall and that the achievement of the emission levels associated with the best available techniques described in the best available techniques conclusions would result in costs which would not be proportionate to the environmental benefits, for reasons of

(a) the geographical location of the installation or local environmental conditions concerned; or

Citation	Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Acts (Integrated Prevention Act)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	01.03.2002
Effective from	01.01.2003
Effective until	-
Status	Valid

Act No. 76 / 2002 Coll.

Act on integrated pollution prevention and control, on integrated pollution register and on amending certain laws (Act on integrated prevention)

Contents

ČÁST PRVNÍ

HLAVA I

§ 1

§ 2

HLAVA II

§ 3

§ 3a

§ 4

§ 4a

§ 5

§ 5a

§ 7

§ 8

§ 9

§ 10

§ 11

§ 13

§ 14

Contents

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