69/2013 Sb.
LAW
of 19 December 2003. February 2013
amending the Act No. 76/2002 Coll. on integrated pollution prevention and control
pollution on the integrated pollution registry and amending certain
laws (the law on integrated prevention), as amended, and
some of the other laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on integrated prevention
Article. (I)
Act No. 76/2002 Coll. on integrated pollution prevention and control,
integrated pollution registry and amendment of certain laws (the law on the
integrated prevention), as amended by Act No. 521/2002 Coll., Act No.
437/2004 Coll., Act No. 695/2004 Coll., Act No. 444/2005 Coll., Act No.
222/2006 Coll., Act No. 25/2008 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll. and Act No. 85/2012 Coll., is hereby amended as follows:
1. In article 1 (1). 1, the words "European Community" ^ 1 ")" shall be replaced by the words
"The European Union ^ 1)".
Footnote 1:
"1) European Parliament and Council Directive 2010/75/EU of 24 October.
November 2010 on industrial emissions (integrated pollution prevention and control
pollution). ".
2. In article 1 (1). 2 at the end of the text of the letter b), the words "and other
management and procedures for integrated permit ".
3. In section 1 (1). 2 (d)):
"d) provides the essentials of exchange of information on best
available techniques, the establishment and the activities of the technical working groups
and the publication of information on best available techniques ".
4. In section 1, at the end of paragraph 2, the period is replaced by a comma and the following
subparagraph (f)), which read:
"(f)) governs the management information system of the integrated prevention and provides
its contents. ".
5. In section 2 (a). and the words ") not listed in annex 1 to this Act,
When the operator asks for her "shall be replaced by the words", in which
There is none of the activities referred to in annex 1 to this Act,
If it was requested ".
6. In section 2 (a). (d)), the words "polluting substances" shall be deleted.
7. In section 2 (a). (e)) the introductory part of the provisions: "the best available
the techniques of the most effective and advanced stage in the development of technologies and
methods of operation which indicate the practical suitability of certain
techniques as a basis for setting emission limits and other binding
the conditions of operation of the device, which is intended to prevent,
or if this is not possible, reducing emissions and their adverse effects on
the environment as a whole, while ".
8. In section 2 (a). (e)) (2) the word "operator" is the word
"the device".
9. In section 2 (a). e) point 3, the word "technique" is replaced by
"techniques" and at the end of the text, point to the words "as a whole".
10. In section 2 (a). g), the words ", including the operation of the activities directly related
with the operation of the equipment at the site "shall be deleted.
11. In article 2 (h)) be deleted.
Letters i) and (j)) are referred to as letters of h) and (i)).
12. In section 2 (a). (h)), after the word "that" is inserted after the word "actually" and on the
the end of the text of the letter with the words "; If no such person is aware of the
or does not exist, it is considered the owner of the equipment operator
the device ".
13. In section 2 of the letter i) including footnote No. 28:
"i) substantial change in the change of use, method of operation, or a range of
the device, which may have significant adverse effects on human health
or the environment; a major change is always considered
1. change in the method of operation, or use of, the range of the device, if alone
each reaches the thresholds specified in annex No. 1 to this
the law,
2. change the operation of the device to the thermal treatment of waste ^ 28)
processing in the device referred to in Appendix 1 to this Act
the only other wastes, which touches the heat treatment
waste,
3. change in the method of operation, or use of, the range of devices that
includes a derogation from the emission levels associated with best available
techniques (section 14 (5)) or clear from the results of the review of the mandatory
the conditions of the integrated permit pursuant to § 18 paragraph. 2
(a). (d)),
28) section 2 (a). about) Act No. 201/2012 Coll., on the protection of the atmosphere ".
14. Footnote 7a is hereby repealed.
15. In section 2, the following points (j)) to (p)) are added:
"j) reference document on best available techniques document
that is the result of the organized exchange of information on the level of the European Union
According to the article. 13 directive of the European Parliament and of the Council 2010/75/EU, is
drawn up for the intended activity, and discusses in particular the techniques used,
the present level of emissions and consumption, the considered techniques for determining the
the best available techniques, as well as the conclusions on best available
techniques and any emerging technology, with a special
taking into account the criteria set out in annex 3 to this Act,
the conclusions of the) best available techniques document containing parts
reference document on best available techniques, laying down the
the conclusions on best available techniques, their description, information to the
evaluation of their applicability, emission levels associated with the best
the available techniques, associated monitoring, and the related level of
consumption and, where applicable, the appropriate remedial measures,
l) emission levels associated with best available techniques range
emission levels obtained under normal operating conditions, using the best
available techniques or a combination of the best available techniques, as
are described in the conclusions on best available techniques, expressed
as the average of the time reference for the specified usek
conditions,
m) emerging technology a new technique industrial activities, which
could in the event that will be developed for commercial purposes, to provide
either a higher General level of protection of the environment, or at least
the same level of protection of the environment and greater cost savings than
the current best available techniques,
n) the soil top layer of Earth's crust, which is located between the hard
the rock subsoil and the Earth's surface; the soil is composed of mineral
particles, organic matter, water, air and living organisms,
o) dangerous substances or mixtures of substances as defined in article. 3 of regulation
The European Parliament and of the Council (EC) no 1272/2008 of 16 September. December 2008
on classification, labelling and packaging of substances and mixtures,
p) basic news information on the State of soil and groundwater pollution
relevant hazardous substances. ".
16. In section 3, paragraph 3. 1 the word "authority" is replaced by "administrative authority,
that is locally relevant to the issue of the integrated permit (hereinafter referred to as
"the Office") ".
17. In section 3, paragraph 3, the following paragraph 4 is added:
"(4) in the case of a request referred to in paragraph 1 (b). (b)) or supplement
supporting documents in paper format in accordance with paragraph 2 is a critical text of the
the documentary forms of the application. ".
Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.
18. In section 3, paragraph 3. 5 at the end of the text of the first sentence, the words "and whether it is
equipment in the application defined in accordance with this Act and the implementing
the law "and in the second sentence, the words", the application contains a
all the prescribed requirements "shall be replaced by the words" shall be considered as a request for
the complete ".
19. In section 3, paragraph 6 is added:
"(6) if the Office after the expiry of the period referred to in paragraph 5 in the course of proceedings
It concludes that without further supplement the applications it is not possible to continue
the proceedings, invite the operator of equipment to its complement. With the addition of
the request must be presented to all interested parties. ".
20. In section 3, paragraph 7 shall be deleted.
21. in section 3, the following new section 3a, including the title and notes
line 29 reads:
' section 3a
Preliminary information on the application
Before submitting an application, the authority shall provide the operator of equipment on its
request preliminary information by administrative order 29) prescribed ^ ^
details of the request (section 4) and the definition of the device in the request in accordance with the
This Act and the implementing legislation.
29) section 139 of the Act No. 500/2004 Coll., the administrative procedure code. ".
22. In section 4, paragraph 4. 1 (a). and the words ' and) your device
registered in the commercial register or other register also extract from
commercial register or other register, if the operator of a facility
a legal person or a natural person who is an entrepreneur, "shall be deleted.
23. In section 4, paragraph 4. 1 (a). (c)), the words "and directly related activities"
deleted, the word "equipment" shall be replaced by the word "activities", the word
"" shall be replaced by the word "listed" and at the end of the text of the letter is
the words "and to determine the principal activity".
24. In section 4, paragraph 4. 1 (a). (f)), for the words "emissions", the words "and
sources of noise, vibrations and non-ionizing radiation "and the words" life
"with the words" and the health of the people. "
25. In section 4, paragraph 4. 1 (a). (g)), after the words "pollution of the situation", the words
"and the current state of pollution of the soil and groundwater."
26. In section 4, paragraph 4. 1 letter i) is added:
"i) a description of the measures to prevent, to the preparation of the reuse,
recycling and recovery of waste that arise in the establishment ".
27. In section 4, paragraph 4. 1 (a). l), the words ", where appropriate, proposals for plans
waste management, prevention of security programme proposals
a major accident and safety messages or documents already
approved, in the case of devices referred to in annex 1 to this
the law or if required for device specific legislation ^ 9) "
including the footnote No. 9 shall be deleted.
28. In section 4, paragraph 4. 1 at the end of the text of the letter m), the words ",
including the assessment of the compliance of the draft with the conclusions on best available
techniques, possibly including vocational assessment (section 14 (5)) ".
29. In section 4, paragraph 4. 1 the letter p) is added:
"p) an overview of the possible alternatives to the proposed techniques and
the measures approved by the operator, equipment ".
30. In section 4, paragraph 4. 1 the following letter q):
"q) basic message (Section 4a), if the operator is obliged to
to ensure its development. "
31. in section 4, the following new Section 4a, including title and notes
line no. 30 to 32 is added:
' Section 4a
Basic report
(1) If you are in the device used, produced or from the device
discharged hazardous substances that may cause pollution of the soil and
groundwater ^ 30) in place of the device, the operator is obliged to device
to ensure the elaboration of basic reports and submit the basic message of the Office
for approval as part of the application.
(2) the basic message must contain the information that is needed to
determine the State of contamination of soil and groundwater, in order to make the
quantified comparison with the status of a full closure
According to § 15a. Basic essentials report provides detailed legal
prescription.
(3) the basic message can handle only professionally competent persons
According to § 3 of the law on geological works ^ 31). In the processing of the basic
reports forwarded to the competent person referred to in the Act on
geological works ^ 31).
(4) for the basic processing of the message, you can use the documents relating to the
pollution of soil and groundwater at the site equipment, processed according to the
other legislation ^ 32).
for example, 30) Annex No. 1 to the Act No. 254/2001 Coll., as amended by Act No.
20/2004 Coll. and Act No. 150/2010 Sb.
31) Law No. 62/1988 Coll., on geological works, as amended
regulations.
for example, 32) Law No 59/2006 Coll. as amended, Act
No. 254/2001 Coll., as amended, Act No. 92/1991 Coll., on the
the conditions of the transfer of assets to other persons, as amended
legislation, Decree No. 17/2009 Coll., on the detection and correction of organic
the injury on land, Decree No 450/2005 Coll., on details of the treatment
harmful substances and the details of the emergency plan, the way and the extent to
reporting of accidents, their disposal and the removal of their harmful
the consequences, as amended by Decree No. 175/2011 Coll. and Decree No. 369/2004
On the design, implementation and evaluation of the geological work,
notification of risk geofaktorů and on the procedure for the calculation of stocks
exclusive of the bearings, as amended by Decree No. 18/2009 Sb. ".
32. In section 5, in the first sentence, after the words "Department of the environment"
the words "(hereinafter referred to as" the Ministry ")" and in the second sentence, the words
"The Ministry of the environment" shall be replaced by the word "Ministry".
33. in section 5, the following new section 5a, including title and notes
footnote No. 33 is added:
"§ 5a
Information system of the integrated prevention
(1) the information system of the integrated prevention is a national information
the system of public administration ^ 33), managed by the Ministry, and is part of the
a unified information system for the environment.
(2) the information system of the integrated prevention is used to ensure all
obligations relating to the publication of information and access
the public to the information under this Act.
(3) the Ministry of methodically directs and coordinates the procedure the competent authorities
public administration in the disclosure in the information system of the integrated
prevention in accordance with this Act.
(4) in the information system for the purposes of integrated prevention
the publication of these data shall be kept:
and a brief summary of the data) of the application [of section 4 (1) (b), (d))],
(b)) the list of competent persons, including the issued certificate of registration
(§ 6 (2)),
(c) the uniform rules and test) requirements on the range of expertise,
the proof is a condition of entry in the list of competent
persons (§ 6, paragraph 5),
(d) competent person) (§ 11),
(e)), the decision on the application (section 13 (2) and (3)), relating to the modification of the integrated
authorization (section 19 (4)), the merging of the integrated permit (section 20a),
the cancellation of the integrated permit (section 20 (2)) and to the exclusion of the device from the
the scheme of the Act (section 20 (3)),
(f) the decision on the appeal against) the decision on the application (section 13, paragraph 11),
g) information about the exemptions granted to the emission levels associated with the
best available techniques (article 14, paragraph 5),
(h) information on the implementation of the declared) conditions of the integrated permit (art. 16a paragraph.
1),
I) changes the device operators (section 17),
j) full texts of the integrated permit (§ 19a (7)),
k) reports on inspections (section 20b paragraph 9)
l) a list of the establishments for which it was issued by the integrated permit
This law, and their operators,
m) information about the conclusions on best available techniques and
reference documents on best available techniques,
n) information about the obligations of the Czech Republic resulting from legal
European Union legislation in the field of integrated prevention and control
pollution of the ^ 1)
For more information from the field) of the integrated prevention within the framework of the Czech
Republic and the European Union.
(5) data from the information system of the integrated prevention referred to in
paragraph 4 shall be published on the website of the Ministry.
(6) data from the information system of the integrated prevention are used to
the Czech Republic's obligations arising from the relevant legal
European Union legislation in the field of integrated prevention and control
pollution ^ 1).
33) section 3 of the Act No. 365/2000 Coll., on public administration information systems
and amending certain other acts, as amended. ".
34. section 6 including the footnotes no 34 and 35 read as follows:
"Technically competent person
§ 6
(1) the professional qualifications for the purposes of this Act, means the credentials
legal persons or natural persons by the Ministry to provide
professional representation under section 11, and that by writing to the list of professionally
eligible persons referred to in paragraph 2.
(2) the Ministry in agreement with the Ministry of industry and trade or
The Ministry of agriculture under their scope writes with
indication of the extent of the competence of a defined substantively in the list
competent person is a legal person or a natural person who
Demonstrates competence in accordance with paragraphs 3 and 4 (hereinafter referred to as "professionally qualified
the person "). On the implementation of the registration, the Ministry shall issue to the competent
the person the certificate. List of competent persons, the Ministry of
published in Journal of Ministry and through the information
integrated prevention system. If a natural or legal person has been
on the basis of the requests referred to in paragraph 3 is written into the list of professionally
the eligible persons, the Ministry of communication to inform about it within 15 days from the date of
the date of the findings of fact on which the registration was made.
(3) on the application by natural or legal persons for inclusion in the list of professionally
eligible persons must be accompanied by supporting documents, from which it follows
and professional level) sufficient for the category of activities, in particular in the
the area of integrated pollution prevention and control and the best
available techniques,
(b)) adequate technical, administrative and organizational background,
(c) the number of employees with) the necessary work experience, with the corresponding
higher education, knowledge and skills with respect to legal
person or professional experience in the field, the corresponding higher education,
knowledge and skills, in the case of a natural person,
(d) the category of activities in accordance with annex) No 1 to this Act, for which the
a request for registration in the list of competent persons,
(e) the physical integrity of persons or) employees of legal persons under
subparagraph (c)).
(4) the natural or legal person can write to the list of professionally
eligible persons only from the assumption that the natural person or
employees of legal persons referred to in paragraph 3 (b). (c))
the professional knowledge of the areas covered by this law, in particular the use of the
the best available techniques, the use of emission limits, used
techniques and their impact on the environment, and also knowledge
legislation governing the protection of the environment in the range of
the relevant categories of activities and related aspects of the technical
protection of the environment. Expertise are demonstrated by examination
before the Commission, composed of representatives of the Ministry, the Ministry of
trade and industry and the Ministry of agriculture.
(5) the Ministry in cooperation with the Ministry of industry and trade and
The Ministry of agriculture, according to their field of competence, shall draw up
more detailed requirements on the range of expertise, which demonstrate the
It is a condition of entry in the list of competent persons for each
categories of activities referred to in annex 1 to this Act. These requirements and
single test procedure the Ministry publish through
the information system of the integrated prevention.
(6) For integrity, is considered to be the natural person who has not been
convicted of an offence, the merits of which are related to the activities of the
professionally competent person in accordance with this Act. Integrity is demonstrated
statement of criminal records no older than 3 months.
The Ministry's integrity in order to authenticate the requests by other
^ Law 34) an extract from the criminal register; the request for
the release of the statement from the criminal register and the excerpt from the register Index
penalties shall be communicated in electronic form, in a way that allows
remote access. In the case of foreigners is proof of good repute like document
the State of which the alien is a citizen or has permanent residence,
or affidavit in the case, that the State of which he is a citizen, such
the document does not make. In recognition of the integrity of the document which issued the
the competent authority of another Member State of the European Union, the
under special legislation ^ 35).
(7) the competent person has the obligation to exercise the activity, to which it is
responsible for, so, to avoid conflict of interests, in particular, must provide
statement referred to in section 11 for a device that operates by itself or
operates a person controlled or controlling it, or for devices, for
that participated in the drafting of the application.
(8) the competent person is required to notify the Department of a change of data
referred to in the certificate of registration of the design in the list of competent
persons within 30 days from the date of the change.
34) Law No. 269/1994 Coll., on criminal records, as amended
regulations.
35) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
change some of the laws (law on the recognition of professional qualifications), as amended by
amended. ".
35. in section 6, the following new section 6a and 6b are inserted:
"§ 6a
(1) the entry in the list of competent person is valid for a period of
a maximum period of 5 years. Application for entry on the list of professionally
eligible persons can be made repeatedly.
(2) the validity of the registration in the list of competent persons will be extended
a maximum of 5 additional years if professionally qualified person continues to meet the
the conditions for the exercise of the activities done by the person under this Act,
and ask for the extension of the registration for at least 6 months before the expiry of the
set the period of its validity. The Ministry for the extension of the registration issue
suitably qualified person certificates. Professionally competent person, that has not been
registration extended, may once again request an extension of the registration as soon as possible after
the expiration of 1 year.
(3) in the case of publication of a new reference document on the best
available techniques, new conclusions on best available techniques
or changes the Ministry in agreement with the Ministry of
of agriculture and the Ministry of industry and trade of the verification of the professional
eligibility for all competent persons registered in the list of
competent people with a range of professional competence, which
includes the category of activities in accordance with Annex 1 to this Act.
The competence is verified before the Commission
composed of representatives of the Ministry, the Ministry of industry and trade and
The Ministry of agriculture. Professionally competent persons are required to demonstrate
the professional knowledge of the areas covered by this Act in relation to the
published documents referred to in the first sentence. The Ministry shall inform the
a technically competent persons concerned exam date at least 30 days
in advance.
(4) the competent person is required to submit to the control of performance
activity. Competent person carries out the control of the Ministry in
cooperation with the Ministry of industry and trade or the Ministry of
Agriculture according to their field of activity.
(5) a competent person clears the Ministry from the list of professionally
the eligible persons, if this person
and,-expires) If a legal person, or dies or is declared
of the dead, in the case of a natural person,
(b)) shall cease to have competence under section 6 (1). 3,
(c)) or serious way repeatedly violates the obligation provided for in § 6
paragraph. 7,
(d)) in the verification of professional competence referred to in paragraph 3 does not prove
the required expertise, or
(e)) when checking the performance of the activities referred to in paragraph 4 are a discovered serious
the shortcomings.
(6) to exclude from the list of competent persons for the reasons referred to in
paragraph 5 (a). (b) to (e)), the Ministry of communications shall inform at the same time)
a competent person, which carried out the deletion concerns.
(7) a professionally qualified person who has been deleted from the list of professionally
eligible persons on the basis of paragraph 5 (b). c) to (e)), can be reused
submit an application for entry in the list of competent persons for the same
activity category as specified in annex No. 1 to this act as soon as possible after
the expiration of 3 years from the date of its deletion from the list of competent
persons.
§ 6b
(1) Professional representation under section 11 may be temporarily on the territory of the Czech Republic
also provide a legal person, if he proves that
and) was established under the law of another Member State of the European Union and has a
their registered office, Central Administration or principal place of business at
territory of another Member State of the European Union and the
(b)) is the holder of an authorization to pursue the activity to which it is referred to in this
pověřována act professionally competent person, in accordance with the legislation of the
another Member State of the European Union.
(2) Professional representation under section 11 may be temporarily on the territory of the Czech Republic
also provide the natural person who is established in another Member State
The European Union, if he proves that
and) is a national of a Member State of the European Union and
(b)) is the holder of an authorization to pursue the activity to which it is referred to in this
pověřována act professionally competent person, in accordance with the legislation of the
another Member State of the European Union.
(3) evidence of compliance with the conditions referred to in paragraph 1 (b). and (b))) or
paragraph 2 (a). and (b)), and these persons are obliged to) submit to the Department of
before the start of the activities referred to in section 11. For the activities of such persons shall be valid
Similarly, section 6 (1). 7. ".
36. In section 7 (2). 1, letter a) the following new subparagraph (b)), which read:
"(b) the owner of the device), if the operator of a device".
Letters b) to (d)) shall be renumbered as paragraphs (c) to (e)).)
37. In section 8 (2). 2 in the first sentence, the words "on a public portal
Administration ^ 11) "shall be replaced by the words" by means of the information system
integrated prevention ", in the second sentence, the words" on a public portal
Administration ^ 11) "shall be deleted and in the fourth sentence, the words" request on portal
public administration "shall be replaced by the words" brief summary of the data referred to in section 4, paragraph 4.
1 (a). (d)) through the information system of the integrated prevention ".
38. In section 11 (1). 1, after the word "or" shall be inserted after the words "in particular
complex cases ".
39. In section 11 paragraph 2 and 3 shall be added:
"(2) the technically qualified person for representation of the use of the best available
the technician must at least contain the
and the comparison with the device) best available techniques,
(b) assessment of the draft mandatory conditions) operation of equipment including
the evaluation of their compliance with the conclusions on best available techniques
and their technical and satisfiability
(c) evaluation of the vocational assessment under) § 14 paragraph. 5 if it was
presented, in the cases referred to in § 14 paragraph. 6 and 7 of the opinion to determine the
the best available techniques.
(3) the competent person shall send the professional representation of the Office within 30 days from the
the date on which the request was received. If the Office finds reasons to return
representation to completion, within 5 working days of its receipt, it
publish through the information system of the integrated prevention and on
its official Board for 15 days. ".
40. In section 11, the following paragraph 4 is added:
"(4) the Office may return the representation of professional competent person to
completion within 5 working days of its receipt. Professionally qualified
the person expressing the dopracuje according to the instructions of the Office within 10 days of the date when eats
It was returned. Completing the professional representation of the Office shall publish without delay after the
its receipt in the manner referred to in paragraph 3. '.
41. In section 12, paragraph. 1, the words "within 5 days from ' shall be replaced by the word" after ", words
"within 5 days from the date" shall be replaced by the word "after", and at the end of paragraph
added the sentence "If Requested by the Office to the examination of applications processing
professional representation, oral proceedings may take place after the expiry of the period
that was the expression of support posted on the official notice board of the authority in accordance with
§ 11 (1). 3. ".
42. In section 12, paragraph. 2 the words "§ 11 (1). 2 "shall be replaced by the words" § 11 (1).
3. "
43. In section 13 (3). 1, the last sentence shall be deleted.
44. In section 13 (3). 3 (b). (c)), the words "and related activities"
shall be deleted.
45. In section 13 (3). 3 (b). (d)), the words "and directly related activities"
shall be deleted.
46. Section 13 is at the end of paragraph 3 the dot replaces the comma and the following
letter e), which reads as follows:
"e) enumeration of the decision, opinions, comments and approvals issued by
special legislation ^ 6), which shall be replaced by the integrated
permission. ".
47. In section 13 (3). 4 (b)):
"(b)) the risk of possible measures to avoid pollution of the environment
and risks to human health arising from the establishment after the end of his
activities and the conditions for ensuring the full closure
the return of the space operation to the State in accordance with the requirements of section
15A, ".
48. In section 13 (3). 4 at the end of the text of subparagraph (c)), the words "and
measures to monitor the waste that arise in the establishment ".
49. In section 13 (3). 4 (b). (d)), the words "animals", "the forest," and ", nature
and the landscape "are deleted.
50. Section 13 (3). 4 (b). (h)), after the words "to the operation,", the words
"the trial run under special legislation ^ 24)," and the words "
which can result in a risk to the environment or
human health "shall be deleted.
Footnote 24:
"24) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended. ".
51. In section 13 (3). 4 (b). I), the words "and, where appropriate, the technical transfer
the measures "are replaced by the words" technical measures "and to monitor emissions
at the end of the text of the letter with the words "; in the case of the use of the procedure
According to § 14 paragraph. 4 (b). (b)) also request that the results of the monitoring
emissions were available for the same time period, and the reference conditions
as in the case of emission levels associated with best available
techniques ".
52. In section 13 (3). 4 letter to):
"the evaluation of the performance of process conditions) of the integrated permit, including
the obligation to forward to the Office regularly, at least once a year, the results of the
the monitoring of emissions and other required information Office to
monitoring of the implementation of the integrated permit conditions; in the case of the use of
the procedure according to § 14 paragraph. 4 (b). (b) a summary of the results of the monitoring) also
emissions allowing comparison with the emission levels associated with the best
the available techniques ".
53. In section 13 (3). 4 the letter l) and (m)), including notes
footnote No. 36:
"l) procedures and requirements for the regular maintenance of equipment and procedures for the
prevent emissions into soil and groundwater and soil monitoring methods and
groundwater in connection with the relevant dangerous substances, which
may be present on the site, and with regard to the possibility of pollution
soil and groundwater at the site of the device,
m) the conditions for the assessment of compliance with emission limits; These terms and conditions
may be replaced by a reference to other legislation ^ 36).
36) for example, Decree No. 415/2012 on permissible pollution level
and its detection and the implementation of some of the other provisions of the law on
air protection, regulation of the Government No. 61/2003 Coll., on indicators and
values for the permissible contamination of surface water and waste water,
terms of authorisation for the discharge of waste water into surface water and
into the sewers and on sensitive areas, as amended,
Decree No 293/2002 Coll., on the fees for discharge of waste water into the
water surface, as amended. ".
54. In section 13 (3). 5 the second sentence be deleted, the words "the environment"
shall be inserted after the words "or in the conclusion of the fact-finding procedure" and the words "If the
are therein "shall be deleted and the end of the paragraph the following sentence
"The authority in the justification of the integrated permit shall also indicate, on the basis of
What conclusions on best available techniques and reference
documents on best available techniques were stored binding
conditions of operation. In the case of the granting of exemptions from the emission levels associated with the
best available techniques pursuant to § 14 paragraph. 5 justification must
the integrated permits contain specific reasons for granting this
exceptions, including the conclusions of the expert assessment, and the justification of mandatory
traffic conditions laid down on the basis of the exemptions granted. ".
55. In section 13 is at the end of paragraph 6 the following sentence "This decision,
the opinions, statements and agreements cannot be after the release of the integrated permit
issue in accordance with the specific legislation ^ 6). ".
56. In section 13 paragraph 7 is added:
"(7) if the grounds for the appeal or against decisions on the application decomposition
related to the use of the best available techniques within the scope of the Ministry of
industry and trade or the Ministry of agriculture, or other
technical aspects of the operation of equipment associated with these best
the available techniques, the Ministry shall send the revocation or the decomposition and a copy of the
application for the issue of the integrated permit, including this decision
The Ministry of industry and trade or the Ministry of agriculture under
their scope to assess whether the failure occurred
use the relevant conclusions on best available techniques and
reference document on best available techniques in determining
mandatory conditions of operation. These central administrative offices shall send their
comments within 15 days from the date of receipt of the appeal or of degradation against
by the decision. These comments are the basis for the issue of
the decision of the Ministry or the Minister of the environment on the appeal
or decomposition. ".
57. In section 13 paragraph 7 the following paragraph 8 is added:
"(8) if the grounds for the appeal or against decisions on the application decomposition
relate to the conditions related to the protection of public health, it shall
the Ministry of the appeal or a copy of the application to decomposition and release of
the integrated permit, including the decision of the Ministry of
health care, which is to appeal or degradation, expressed in terms of
the protection of public health. The Ministry of health will send its
comments within 15 days from the date of receipt of the appeal or of degradation against
by the decision. This representation is the basis for issuing the decision
the Ministry of the Minister of the environment or of revocation or
degradation. ".
Paragraphs 8 and 9 shall be renumbered 9 and 10.
58. In section 13 (3). 9, the words "for a period of 60 days ' shall be deleted, the words" on the portal
public administration ^ 11) "shall be replaced by the words" through the information
integrated prevention system "and after the words" official "
the words "for a period of 30 days".
59. In section 13 (3). 10, the words "Department of the environment"
shall be replaced by the word "Ministry".
60. In section 13 shall be added to paragraph 11, which read:
"(11) If a decision on the appeal against the decision or degradation
the request referred to in paragraph 2 or 3 shall be published by the Department of management of the completed
the decision on the revocation or the decay within 5 days from the date of its acquisition of legal
power through the information system of the integrated prevention. ".
61. In section 14, paragraph. 1 in the second sentence, the words "vibration, noise, heat,
or other forms of non-ionizing radiation ' shall be replaced by the words "and the relevant
the limits for noise, vibrations and non-ionising radiation ^ 37) "and at the end of paragraph
1 the following sentence "the emission limits may be supplemented or replaced by
equivalent parameters or by other technical measures, which
ensure an equivalent level of protection of the environment. ".
Footnote No. 37:
"37) Act No. 258/2000 Coll., as amended.".
62. In section 14, paragraph. 2, the first word in the sentence ' substances ' is replaced by
"the pollutants and appropriate limits for" and the first sentence, the following
the phrase "to dilute before the point where the emissions leave the device in the
determination of the emission limits shall be disregarded. ".
63. In section 14, paragraph. 3, the first sentence shall be replaced by the phrase "in the determination of
mandatory conditions of operation, in particular the emission limits, the authority is based on the
best available techniques and apply the conclusions on best available
techniques, without prescribing the use of any, however, specific methods
or technology. "and the words" emission limits must not be more favourable than the emission
limits "shall be replaced by the words" obligatory conditions for operation must not be lenient
before traffic conditions ".
64. In article 14, paragraph 4 is added:
"(4) the authority shall set the emission limits, which ensure that under normal
operating conditions emissions do not exceed the emission levels associated with the best
the available techniques, as defined in the decisions about the conclusions of the
the best available techniques, and one of these ways
and by determining the emission limits), which do not exceed the emission levels associated
with the best available techniques; These emission limits are expressed
for the same period as the emission levels associated with best available
techniques or for a shorter period and under the same reference conditions,
or
(b)) by setting emission limits, other than those referred to in
(a)), as regards values, the period and terms of reference.
Where the procedure laid down in point (a) (b)), the Office shall, at least once a year
assess the results of monitoring of emissions, with the aim to ensure that the emissions per
normal operating conditions do not exceed the emission levels associated with the
best available techniques. ".
65. In article 14, the following paragraph 5 to 10 are added:
"(5) the authority may in particular cases lay down less stringent emission limits,
than is provided in paragraph 4. The procedure can be applied only if the expert
the assessment submitted by the operator proves that the result does not
serious environmental pollution, overall will be achieved
a high level of environmental protection and that would achieve emission levels
associated with the best available techniques described in the conclusions of the
the best available techniques led to the cost, which would
was not proportionate to the benefits for the environment, for the reasons
and geographical location of the device) or local environmental conditions
environment, or
(b) the technical characteristics of the device).
The elements of the content of vocational assessment provides detailed legal
prescription.
(6) if the Office of the obligatory conditions for operation on the basis of the best
available techniques, which are not described in any relevant conclusions
on the best available techniques shall proceed to
and the technology parameters) were designed with special regard to the
the criteria referred to in annex No 3 and
(b)) meet the requirements laid down in paragraphs 1 to 5.
Do not contain the appropriate conclusions on best available techniques
the values of the emissions associated with best available techniques must be used
the technique of ensuring the protection of the environment equivalent to
best available techniques as described in the conclusions on the best
available techniques.
(7) do not apply to any conclusions on best available techniques for
activity or the type of the process undertaken in the facility, or
If you are not engaged in any conclusions on best available techniques all
the possible impacts of an activity or process on the environment, the Office shall
obligatory conditions for operation on the basis of the best available techniques,
that, after consultation with the operator of the establishment shall determine for the activities in question
or processes, with particular attention to the criteria referred to in
Annex No. 3 to this Act.
(8) in determining the requirements for the monitoring of emissions is based on the authority of the
the monitoring requirements that are described in the conclusions on the best
available techniques, if any. The authority shall establish the minimum frequency
monitoring to ensure regular monitoring of the soil
at least once every 10 years, and regular monitoring of groundwater
Once in 5 years, if this monitoring is based on the systematic
the evaluation of the risk of pollution.
(9) the authority may, for testing and use of emerging techniques to grant
temporary derogation from the emission limits set out in paragraphs 3 to 7 in
total length not exceeding 9 months, if after the expiry of the period
the use of techniques either stopped, or when the activity reaches at least
emission levels associated with best available techniques.
(10) the adoption of a decision pursuant to article. 13 (3). 5 of the directive of the European
Parliament and of the Council 2010/75/EU on the conclusions on best available
techniques on the level of the European Union for the purposes of the determination of the binding
the terms of service shall apply the conclusions on best available techniques of
reference documents on best available techniques adopted by the
The European Commission 6. January 2011, with the exception of the emission limits in accordance with
paragraphs 4 and 5. ".
66. under section 15 shall be added to § 15a, which including the title:
"§ 15a
The closure device
(1) the obligatory conditions for operation on the complete termination of the operation
the device provides authority in integrated permits so as to ensure
compliance with paragraphs 2 to 5.
(2) the termination of the operation of the device must not be linked to the threat of
environment and with the risk of higher levels of pollution. The operator is
always be obliged to indicate the place of operation of the device to the State that will not be
pose no significant risk to human health or the
environment.
(3) a full closure of the operator shall assess the
in particular, the State of soil and groundwater contamination by dangerous substances
used, produced or emitted by the device. If
the device as referred to in the basic report caused significant
pollution of the soil or groundwater to these dangerous substances, the
the operator steps necessary to remove the pollution so that
the place was mentioned in a State that is described in the basic message. For this
the purpose can be to take into account the technical feasibility of such measures.
(4) the operator of a complete closure in the
If the pollution of the soil and groundwater at the site represents
a significant risk to human health or the environment as a result of
permitted activities carried out by the operator of the device prior to approval
the basic message, shall take the necessary measures to eliminate, control,
isolation or reduce the amount of the relevant hazardous substances so as to
the site ceased to pose a risk listed. It is necessary to
take account of the current or approved future use of the site
and the characteristics of the status of the territory, where the device is located.
(5) if the operator of equipment not covered by the obligation to draw up a
the basic message, the operator shall make a full end of operation
the device measures necessary to eliminate, control, isolation or reduction
quantity of hazardous substances to the place due to
soil and groundwater pollution caused by permitted activities
does not present any significant risk to human health or the
environment. In doing so, it is necessary to take account of the current or future approved
How to use of the site and the characteristics of the status of the territory where the
the device is installed. ".
67. In section 16. 1 at the end of the text of subparagraph (a)), the words "
including the conditions of operation of the equipment set out in the operational systems and
other documents adopted within the framework of the integrated permit ".
68. In section 16. 1 letters b) to (d)) including footnote No 8
added:
"(b)) report the Office each planned change in use, the mode of operation of the
or the range of the device, which could have consequences for the
environment,
(c)) to allow the competent administrative authorities to exercise control and review
activities under this Act, without undue delay, to cooperate with the
them and provide them with all the information required in a true and complete
the form,
(d)) to prevent accidents, shall immediately report to the Office and the inspection
all emergency equipment crashes and accidental leaks ^ 8)
pollutants into the environment from facilities that have
serious impacts on the environment, and the violation of binding conditions
the operation set out in the integrated permit,
8 for example, section 2 (b)). (e)) Law No 59/2006 Coll. on the prevention of major
accidents caused by selected hazardous chemical substances or
chemical preparations and amending Act No. 258/2000 Coll., on the protection of
public health and amendment to some related laws, as amended by
amended, and Act No. 320/2002 Coll., amending and cancelling
certain acts in connection with the termination of the activities of the district offices, in
as amended, (the Act on the prevention of major accidents), section 40 and
41 of Act No. 254/2001 Coll., as amended by Act No 150/2010 Sb. ".
69. In section 16. 1, letter d) the following points (e) and (f))),
are added:
"e) in the cases of incidents, accidents and emergency equipment
^ 8) leakage of pollutants into the environment from the device, which
they have serious impacts on the environment, it shall immediately take the measures
to limit the impact on the environment and to avoid other possible
incidents or accidents,
(f) in the case of breach of the binding), the conditions of operation shall immediately adopt
measures to ensure in the shortest possible time remedy status
caused by the breach of these terms and conditions, ".
Letter e) is renumbered as paragraph (g)).
70. In section 16. 1 (a). g), the words "binding" and "traffic" shall be deleted and the
the words "in a manner and form prescribed by the implementing the legal
Regulation ' shall be replaced by the words "in accordance with article 16a, paragraph. 2. "
71. under section 16 shall be inserted a new section 16a, including title and notes
footnote No. 38 and 39:
"§ 16a
Fulfilment of the conditions of the integrated permit
(1) the operator shall forward annually to the authority in
electronic message with information about the fulfilment of the conditions of the integrated
to enable the Office to the extent laid down in the integrated permit pursuant to section 13
paragraph. 4 (b). k) (hereinafter referred to as the "report on the fulfilment of the conditions of the integrated
the authorisation "). If the operator has reported some of the same data
required to demonstrate compliance with the conditions of the integrated permit within
the fulfilment of reporting obligations under other legislation ^ 38)
through an integrated system of performance reporting obligations in the
environment ^ 39) or through the data boxes
the Ministry intended to fulfil the reporting obligations in the area of
of the environment, will include a link to this information.
(2) For the purposes of the notification referred to in paragraph 1 is the operator of equipment
shall be obliged to keep a register of information on the implementation of the integrated permit conditions and
keep this record for a period of 5 years. In the keeping of the record on the implementation of
the integrated permit conditions, you can also use the data collected on
under other legislation ^ 38).
(3) to check compliance with the conditions of the integrated permit, the competent
the administrative authorities use the data reported by the operator of the device to the
under other legislation ^ 38) through an integrated
system of fulfilment of the reporting obligations in the field of
environment ^ 39) or through the data of the Ministry of the specified mailbox
to the fulfilment of the reporting obligations in the field of the environment.
(4) the pattern of reports on the implementation of the integrated permit conditions be determined
the implementing legislation.
for example, 38) Law No 201/2012 Coll., on the protection of the atmosphere, law No.
254/2001 Coll., as amended, Act No. 185/2001 Coll., in
as amended, law No 25/2008 Coll., on the integrated
registry of environmental pollution and the implementation of the integrated system
reporting obligations in the field of the environment and amending
certain acts, as amended.
39) section 4 of law No. 25/2008 Coll., on integrated pollution registry
the environment and the implementation of the integrated system of reporting
obligations in the field of the environment and on the amendment to certain acts, in
the text of Act No. 77/2011 Sb. ".
72. In section 17, the number "10" is replaced by "15".
73. In the heading of section 18, the word "performance" is deleted.
74. In section 18, paragraph. 2 (b)) shall be deleted.
The present subparagraph (c)) to e) shall become letters (b)) to (d)).
75. In section 18, paragraph. 2 at the end of the text of subparagraph (c)), the words ", or
Another change to the specific legislation that ^ 6) may have an impact on the
binding conditions for operation defined in the integrated permit ".
76. In section 18 at the end of paragraph 2 is replaced by a comma and the word dot
"or" and the following point (e)), which read:
"(e)) shall apply where the Office in determining the emission limits procedure according to § 14
paragraph. 4 (b). (b)) and the monitoring results show that the emissions for the current
operating conditions exceeding the emission levels associated with the best
available techniques. ".
77. In section 18 paragraph 3 reads:
"(3) the authority shall carry out a review of all the mandatory conditions of the integrated
the authorisation, if the published decision of the conclusions about the best
available techniques for the main activity of the facilities referred to in annex No. 1 to the
This law. The review shall take account of all the new or updated
the conclusions on best available techniques applicable to the device,
which were adopted at the level of the European Union pursuant to article. 13 (3). 5
Directive of the European Parliament and of the Council 2010/75/EU from granting the authorisation
or its last revision. Based on the review of the Office of the
ensure that in the four years since the publication of the relevant conclusions on the best
available techniques were obligatory conditions for the integrated permit in
accordance with the conclusions on best available techniques and to the operator
the device was obliged to comply with these conditions. ".
78. In section 18, paragraph 3, the following new paragraphs 4 to 6 shall be added:
"(4) where no conclusions about the best
available techniques, the Office always examine the binding conditions
the integrated permit, allows the development of best
available techniques, a significant reduction in emissions.
(5) if the device has been granted a derogation from the emission levels associated with the
best available techniques pursuant to § 14 paragraph. 5, the Office is obliged to
assess the justification for the granting of this exemption under each review
binding conditions of the integrated permit, with the exception of the review
carried out pursuant to paragraph 2 (a). (c)), if not his reason for change
emission limits or standards of environmental quality from
because of other changes to the specific legislation ^ 6), which can have the effect of
on the obligatory conditions for operation defined in the integrated permit, and
the review carried out on the basis of paragraph 6.
(6) the authority may carry out a review of the conditions of the integrated permit
and on the basis of the Declaration) changes in the equipment referred to in section 16. 1 (a). (b)),
(b)) based on the complaint of the inspection or the regional hygiene station, or
(c)) is in place for the long term operation of the plant exceeded the standard
the quality of the environment. ".
Paragraphs 4 to 6 shall be renumbered as paragraph 7 to 9.
79. § 18 paragraph 7 is added:
"(7) the review of the mandatory conditions of the integrated permit shall be carried out
the investigation at the site of the operation or the review of the documents submitted by the
the operator of the device, or other documents related to the
the mandatory conditions of the integrated permit. Employees of the Office in
review activities demonstrate the staff card, which is at the same time
proof of their credentials to perform review. ".
80. In section 18, paragraph. 8, the words "made adjustments" shall be replaced by the words
"the planned reviews, the results of the reviews, stored
penalties and remedies "and at the end of the paragraph, the following sentence
"The Office may also inspect and the regional hygiene station of the invite to
review. ".
81. In section 18 shall be added to paragraph 10 and 11 shall be added:
"(10) the authority in the review of the mandatory conditions of the integrated permit
apply the relevant information obtained from monitoring or checks
made pursuant to this Act.
(11) the operator is required to submit, at the request of the authority, any
the information that is necessary for the review of the mandatory conditions
the integrated permit, including the results of monitoring of emissions and other
information permitting a comparison of the operation of the equipment with the best available
the techniques described in the relevant conclusions on the best available
techniques and with the emission levels associated with best available
techniques. ".
82. section 19 reads as follows:
"§ 19
On the basis of a review, pursuant to section 18 of the Office is authorised to
and save the plant operators perform) within a reasonable period, measures to
the remedy under section 19b paragraph. 1,
(b)) in the event that the device is operated in contravention of
the integrated permit conditions, to decide on the administrative code of Russia
According to § 37,
(c) invite the operator devices) within a reasonable period specified by the Office to
the submission of the application for the change of the integrated permit pursuant to section 19a, paragraph. 1,
(d) the operator of a device) issued decision to limit or stop the
the operation of the device or its part under section 19b paragraph. 3 to 5,
(e)) to initiate ex officio proceedings for the modification of the integrated permit pursuant to section
19(a)(1). 3. ".
83. In article 19a, paragraph. 1 the first sentence, the words "in the service" shall be deleted and in the second
a sentence with the word "reasonably" be replaced by the word "analogy".
84. Article 19a, paragraph 2, including the footnote No. 40:
"(2) the operator may under report of the planned changes in the
the device referred to in section 16. 1 (a). (b)) directly to request a change
the integrated permit. If the Bureau concludes that this is the
a substantial change in the management of the device proceed by analogy with § 3
up to 15. If the Office considers that it is not a substantial change in the
devices, continues in the proceedings on the application referred to in paragraph 4 and the administrative
order ^ 40).
40) Act No. 500/2004 Coll., as amended. ".
85. In section 19a of the following paragraphs 3 to 7 shall be added:
"(3) if the authority based on the announcement of the planned changes in the device according to the
§ 16. 1 (a). (b)), which was associated with change requests
the integrated permit referred to in paragraph 2 or on the basis of a review by the
section 18 and 19 to the conclusion that it is not a substantial change in the device, but that
It is necessary to make a change of the integrated permit, will decide on the change
the integrated permit in the proceedings ex officio.
(4) unless it is in accordance with the conclusion of the authority of a substantial change in the device are
participants in the proceedings about the change of the integrated permit brought under
paragraph 2 or 3 of the entities referred to in section 7 (2). 1 (a). and (b))) and in section 7 of the
paragraph. 2. the authority may request from the operator, equipment additions
documents necessary for the issue of a decision. The Office shall always require
the expression of the relevant administrative authorities, the scope of the change
touches. The competent administrative authorities shall send to the Office of its representation within 15 days
from the date of receipt of the request for change of the integrated permit or notice of
the initiation of the change of the integrated permit ex officio. Change
Similarly, the authority shall publish the integrated permit under section 13 (3). 9. the Office
sends the change to the Ministry of the integrated permit within 7 days from the entry into
legal force of this change.
(5) if the operator of an installation in the context of the announcement of the planned changes in the
the device has filed a request for a change of the integrated permit and Office finds
the reasons for the review of the mandatory conditions of the integrated permit pursuant to section 18 of the
paragraph. 6, the Office may suspend the proceedings for a review of the change
the integrated permit.
(6) change of equipment is always considered the material in the case that the
includes a derogation from the emission levels associated with best available
techniques referred to in § 14 paragraph. 5 or clear from the results of the review
binding conditions carried out by the integrated permit pursuant to § 18 paragraph.
2 (a). (d)). If the operator of the device shall submit a separate application for
exemption under § 14 paragraph. 5, proceed in the management of change
Similarly, the integrated permit under section 3 to 15.
(7) at the request of the operator of the device, the Office shall issue the full text of propositional
part of the integrated permit, as is apparent from the decision to change.
The operative part of the text of the výrokových is issued integrated permit and
each decision to change. The Office may complete version of propositional
part of the integrated permit issued ex officio in the context of the
the release of the decision about the change of the integrated permit. The full text of propositional
part of the integrated permit is published through the information
integrated prevention system. ".
86. the following section is inserted after section 19a 19b, which including the title:
"§ 19b
Corrective measures and stop operation of the equipment
(1) in the event that the operator fails to comply with the obligations laid down
This law or the integrated permit, the authority or inspection
entitled to save the plant operators to perform within a reasonable time
measures to remedy the situation. After a period of time limits for the implementation of measures to remedy the
not apply to section 37 and 38.
(2) the administrative authorities referred to in paragraph 1 are entitled to save
the operators of the equipment measures to remedy even in the event that the operator
the device did not infringe the obligations laid down by this law or integrated
the authorization, if it is about an incident, accident, equipment or
emergency evasion ^ 8) pollutants from the device to the
the environment, which have serious impacts on the environment.
(3) If the operator of the equipment stored in the specified measures to remedy the
the time limit, the authority has not implemented or inspection shall be authorized to issue a decision on the
the limitation or cessation of operation of equipment or parts of it.
(4) the authority shall be entitled to issue a decision on the limitation or cessation of operation
the device or its parts in the event that the operator does not give
within the time limit under section 19 (a). (c)), an integrated change request
the authorization.
(5) the authority or inspection shall issue the decision to limit or stop the
the operation of the device or its parts, if the violation of the obligations laid down
This law or integrated permit represents the risk that the
occurs when an immediate, substantial negative impact on the
environment. This decision may be issued even without the imposition of measures
to remedy the situation.
(6) the procedure referred to in paragraphs 1 to 5, or inspection authority
provide that an appeal against a decision does not have suspensory effect.
The decision to limit or stop the operation of the device or its parts
are without prejudice to the legal effect of the integrated permit conditions under section 13 of the
paragraph. 4 (b). (b)).
(7) the authority or inspection saves as necessary measures to remedy the legal
the successors of the operator of the device, which is not the originator of the defective condition.
The obligations resulting from the corrective measures and the decision to limit or
stopping the operation of the device by the operator stored
paragraphs 1 to 5 shall pass to his successor in title ".
87. section 20 including title and footnote No 6:
"section 20
The demise of the integrated permit
(1) the authorisation to lapse in the demise of the Integrated operator of the equipment without the
legal successor.
(2) the Office shall decide on the revocation of the integrated permit ex officio or
at the request of the operator, the device when
and their operation) after it has satisfied the conditions of the integrated
authorizations associated with the termination of the operation of the device, or
(b)) non-use of the integrated permit, without a serious reason for a longer period
than 4 years.
(3) the Office shall, at the request of the operator, the device shall decide on the exclusion of the device from the
the scheme of the Act, if the operator of a sufficiently
the decline proves the capacity of the device below the relevant threshold value
referred to in annex 1 to this Act. The participants in proceedings for the issue of
This decision is the operator and owner of the establishment,
If it is not the operator of the equipment. In the decision, the Office shall specify the enumeration
decisions, opinions, comments and approvals under the special law
^ 6) legislation necessary for the continued operation of the plant, which would otherwise have been
replaced by the integrated permit. Each of these administrative acts
the authority assigns obligatory conditions for the integrated permit, which to him
apply. At the same time, the Office for each group of binding conditions
the integrated permit States that are repealed on the date of entry into force
the relevant decision in accordance with the specific legislation ^ 6), or
the date of the entry into force of the decision by a special legal
code ^ 24), for which the basis will be the relevant opinions, comments
or consents in accordance with special legislation ^ 6). The date of the legal
the power of the last of the issued integrated permit decision.
(4) an application for an exemption from the scheme of the Act, the device can also
the operator of the device, in which there is none of the activities referred to in
Annex No 1 to this Act. In the procedure shall, mutatis mutandis, in accordance with
of paragraph 3.
(5) the decisions referred to in paragraphs 2 and 3 shall be published by analogy with section 13
paragraph. 9.
6) for example, Act No. 201/2012 Coll., on the protection of the atmosphere, law No.
254/2001 Coll. on waters and on amendments to certain acts (the Water Act),
as amended, Act No. 185/2001 Coll., on waste and amending
certain other laws (the law on waste), as amended
legislation, Act No. 258/2000 Coll., on the protection of public health and
some related laws, as amended, law No.
164/2001 Coll., on the natural medicinal resources, natural resources
mineral water, natural healing Spa and Spa places
changes to some related laws (the Spa Act), as amended by
amended, law No 166/1999 Coll. on veterinary care and
changes to some related laws (health law), as amended by
amended. ".
88. under section 20, the following new section 20a to 20 c, including headings and
footnote No. 41 and 42 are added:
"section 20a
Merge the integrated permit
(1) the Office shall, at the request of the operator, the device decides to merge the two or
more integrated permits into one integrated authorisation, if
the integrated permit issued for a facility operated by the same
the operator on the same site. Merge the integrated permit
the changes of one of the integrated permit, which merges
concerns, and the abolition of other integrated permits.
(2) participants in the proceedings about the merging of the integrated permit are entities
which were parties to the proceedings on the issue of the integrated permit, which
merge the concerns, or their successors in title. The decision on the application for
merge with integrated permits exposes the similarly under section 13 (3).
9.
Check
§ 20b
(1) Check, which carries out the inspections under this law, includes
all activities, including the performance of checks on the operation of the equipment,
the monitoring of emissions and checks the documentation and handouts, authentication,
custom monitoring, checks used techniques and fitness management
the operation of the device in terms of the environment, carried out with the aim of
control equipment in terms of the obligations laid down in this dodržovaní
by law or by the integrated permit, encourage dodržovaní these
obligations and, where necessary, monitor their impact on the
the environment.
(2) Inspectors shall exercise control activities demonstrate card
the inspection, which is at the same time proof of their credentials to perform
checks.
(3) the inspection processes control plan for the period of the calendar year. Plans
the controls apply to all devices, for which it was issued
the integrated permit under this Act.
(4) the control plan must at least include
and a general assessment of the relevant significant) questions in the field of
environment,
(b)) the geographical area to which it applies,
(c)) the list of equipment to which it applies,
(d) drawing up the programmes) the procedures for regular checks in accordance with paragraph 5,
(e) the procedures for emergency checks) in accordance with paragraph 7.
(5) Inspection on the basis of the plans of the checks regularly draw up programs
the normal controls, including the determination of the frequency of checks on the spot for the different
types of equipment. The interval between two inspections on the spot shall be at the
the basis of the systematic risk assessment in the field of the environment for
the equipment concerned, while in the case of devices representing the highest
the risk must not be longer than 1 year, and in the case of equipment, representing
the lowest risk of longer than 3 years.
(6) When the systematic risk assessment in the field of the environment,
always examine the
and the potential and actual impact) of the equipment on human health and the
the environment taking into account the levels and types of emission, the sensitivity
the local environment and the risk of accidents,
(b) the history of compliance with conditions) of the integrated permit,
(c) participation of the operator) facility in the Community system for
the environmental management and audit scheme (EMAS) ^ 41) or another system
environmental management.
(7) the special audit shall be carried out in particular for the purpose of the examination
complaints relating to the environment and to investigate serious
accidents, incidents and cases of non-compliance with the requirements in
the area of the environment, and, if necessary, even before the release of the
the integrated permit, a review of the mandatory conditions of the integrated
to enable or change the integrated permit. Emergency checks can be
carried out also on the basis of knowledge of the supervisory authority of the custom control
activity.
(8) If the inspection finds in the course of checks on major
violations of the mandatory conditions of the integrated permit, within 6 months
from this recurring inspection.
(9) following each inspection shall draw up an inspection in addition to the
the Protocol on control findings ^ 42) report, which contains a description of
audit findings and conclusions about the possible additional measures (hereinafter referred to as
"the report").
(10) a copy of the inspection report shall be sent to the operator of equipment within 2 months
Since the implementation of the performance of checks on the spot, unless within that period not
written Protocol on control findings ^ 45).
(11) the inspection shall publish a report through the information system
integrated prevention within 4 months from the date of the performance of checks on
the spot.
(12) Inspection shall inform the authority and the regional hygiene station of the
planned inspections and imposed fines and measures to remedy the situation.
§ 20 c
(1) the control of compliance with the mandatory conditions set out in the integrated
the permit to protect public health in the area of protection against the adverse
the effects of noise, vibrations and non-ionizing radiation carried the County
public health station.
(2) the provisions of section 20b paragraph. 9 to 11 of the report of the inspection on the control
carried out on the basis of this Act, the regional hygiene stations
shall apply mutatis mutandis.
(3) the regional hygiene station shall inform the inspection authority of the planned
inspections and fines imposed.
41) European Parliament and Council Regulation (EC) No 1221/2009 of 25 June.
November 2009 on the voluntary participation by organisations in a Community
for environmental management and audit scheme (EMAS) and repealing Regulation
Council Regulation (EC) no 761/2001, Commission decision 2001/681/EC and 2006/193/EC.
42) Act No. 255/2012 Coll., on the control (control code). ".
89. section 27:
the "section 27
(1) a system of exchange of information on best available techniques (hereinafter
"the system of exchange of information") provide the Ministry, Ministry of
industry and trade and the Ministry of agriculture. On the system of exchange of
the information is also involved in the Agency, regional authorities, civil
associations, generally beneficial companies, employers ' associations and
Chamber of Commerce, whose main activity is the promotion and protection of the
profes-related interests or public interests under special laws
regulations.
(2) in the framework of the system of exchange of information Ministry, Ministry of
industry and trade, the Ministry of agriculture to individual categories
the activities referred to in annex 1 to this Act and the cross-cutting areas
under their jurisdiction, provide
and the establishment and operation of the) technical working groups,
(b) the translation of relevant documents) of the European Union to the best available
techniques,
c) informing the public authorities, operators of equipment and
the public on the best available techniques and the newly emerging
techniques.
(3) technical working group in its activities focus primarily on the
and monitoring) the best available techniques in the appropriate area in the Czech
Republic and on the level of the European Union,
(b)) preparing the conclusions on best available techniques and
reference documents on best available techniques,
(c) the provision of reference for the preparation of) the position of the Czech Republic in
the negotiations on the European Union level,
(d) professional quality translations) the evaluation of the conclusions on best available
techniques prior to their publication,
(e)) monitor the development of emerging techniques.
(4) the head and other members of the technical working groups shall be appointed by
the Ministry, the Ministry of industry and trade or the Ministry of
Agriculture in accordance with its sphere of competence. The members of the technical working
groups may propose to all participants the information exchange system referred to in
of paragraph 1.
(5) information on best available techniques and the newly emerging
exposes the techniques on its website, the Ministry of
of trade and industry. ".
90. under section 27 shall be inserted a new section 27a and 27b shall be added:
"§ 27a
The Ministry, the Ministry of industry and trade and the Ministry of
Agriculture in the areas of its competence under this Act support
development and application of emerging techniques, in particular the newly
emerging techniques described in the reference document on the best
available techniques.
section 27b
(1) the Ministry provides the competent authorities of the European Commission in their
to the extent required and format and in the required intervals
information to meet the requirements of European Union legislation in the field of
integrated pollution prevention and control ^ 1).
(2) the Ministry ensures the provision of information on integrated prevention
and control of pollution and, in the case of other international commitments of the Czech
of the Republic.
(3) the regional authorities, inspection, Ministry of industry and trade,
The Ministry of agriculture, the Agency, regional hygiene stations and
the competent administrative authorities are required to provide on request
the Ministry of information. ".
91. In section 28 (f). and), the words "Department of the environment"
shall be replaced by the word "Ministry".
92. In section 29 in the title and the introductory part, the words ' the provisions of the
the environment "shall be deleted.
93. In section 29 (b). (e)), the word "performance" is deleted.
94. In section 29 (b). (f)), the words "European Community" shall be replaced by the words
"The European Union", the word "authorized" shall be deleted and the words
"the publication and interpretation of" words ", ensures the activity
the relevant technical working groups ".
95. In section 29 is at the end of the text of the letter g), the words "and participates in the
the security system of information exchange on best available
techniques ".
96. In section 29 for the letter g) the following point (h)), which read:
"(h)), together with the Ministry of industry and trade or the Ministry of
Agriculture in the area of their competence ensures the preparation of positions of the Czech
Republic of the conclusions on best available techniques, ".
Subparagraph (h)) to (j)) are referred to as letters) to).
97. In section 29 (b). I), the words "European Community" shall be replaced by the words
"The European Union and represents the Czech Republic in the Committee referred to in article. 75
Directive of the European Parliament and of the Council 2010/75/EU ".
98. In section 29 (b). j), the words "at the request of the operator of the device, which
the operation may significantly affect the environment of the
the State, he will provide preliminary information on the completeness of the application before
the filing "be deleted.
99. In section 29 (b). k), the words "European Community" shall be replaced by the words
"The European Union", the words "European Community" shall be replaced by the words
"The European Union" and at the end of the text of the letter shall be added the words ", in
relation to the European Union provides the outputs from the system of exchange of information on
the best available techniques, and the appointment of the members of the working groups
established on the basis of the article. 13 directive of the European Parliament and of the Council
2010/75/EU ".
100. In section 29 is at the end of the letter) is replaced by a comma and dot are added
the letter l) up in) are added:
"l) in doubt, deliver opinions to the classification of activities in the
the scope of this Act,
m) manages the information system of the integrated prevention,
n) is the competent administrative authority for the management of led to the establishment on the territory of
other States of the European Union within the scope of the directive of the European
Parliament and of the Council 2010/75/EU, whose operation can significantly negatively
affect the environment of the Czech Republic,
about) in cooperation with the Ministry of industry and trade and the Ministry of
Agriculture coordinates and provides support to, and development of the newly
emerging techniques
p) in particularly complex cases may reserve the power to the Office
of first instance in proceedings for the issue of the integrated permit, or his
change,
q) issued preliminary information about the request under section 3a for the device, which
the operation may significantly affect the environment of the
the State,
r) leads the list of competent persons according to § 6; in cooperation with the
The Ministry of agriculture and the Ministry of industry and trade is carried out
the verification of the performance of the competent person,
with) shall appoint a representative of the Czech Republic to the Committee and the Commission, based on the
the basis of the provisions of the legislation of the European Union in the field of
integrated pollution prevention and control ^ 1) or on the basis of the
the international conventions in this area, which the Czech Republic is bound,
t) approved the basic report pursuant to Section 4a in the case of equipment whose operation can
significantly affect the environment of the State concerned,
u) decide on administrative offences under section 37 for a device whose operation
may significantly affect the environment of the State concerned, and
about administrative offences under section 37, paragraph. 3,
in) works with the Ministry of trade and industry on the disclosure
information on best available techniques and the newly emerging
techniques. ".
101. In section 30 and the letter):
"and for the category) for the activities listed in points 1 to 4, 6.1
up to 6.3 and 6.7 to 6.10 in annex 1 to this Act monitor
best available techniques is contained in the documents of the European Union,
translations of these documents, type exposes the following documents, including
your interpretation to them, ensures the operation of the relevant technical
working groups, members of the working groups established by the proposed to
the basis of the article. 13 directive of the European Parliament and of the Council of the EU 2010/75/and
provides information on the development of best available techniques ".
102. In section 30 is at the end of the text of subparagraph (c)), the words "and participates in the
the security system of information exchange on best available
techniques ".
103. In section 30 (d)):
"(d)) in its sphere of competence, together with the Ministry ensures
the preparation of positions of the Czech Republic to the conclusions on best available
techniques ".
104. In section 30, the following points (e) to (h))) are added:
"e) together with the Ministry of support and evaluation of new
emerging techniques
(f)) provides incentives for the development of the Ministry of information system
integrated prevention,
g) cooperates with the Ministry within their scope of application when writing to
The list of competent persons according to § 6, and validation of performance features
competent person,
(h)) in cooperation with the Ministry and the Ministry of agriculture provides
publication of information on best available techniques and the newly
emerging techniques. ".
105. In section 31 (a). and) the words "European Community" shall be replaced by the words
"The European Union", the word "authorized" shall be deleted and the words "interpretation to the
them, "shall be inserted after the words" ensure the activities of the competent technical
working groups, members of the working groups established by the proposed to
the basis of the article. 13 directive of the European Parliament and of the Council 2010/75/EU ".
106. In section 31 of the text at the end of subparagraph (c)), the words "and participates in the
the security system of information exchange on best available
techniques ".
107. In section 31, at the end of subparagraph (c)) shall be replaced by a comma and dot are added
the letters d) to (h)) are added:
"(d)) in its sphere of competence, together with the Ministry ensures
the preparation of positions of the Czech Republic to the conclusions on best available
techniques,
(e)), together with the Ministry of support and evaluation of new
emerging techniques
(f)) provides incentives for the development of the Ministry of information system
integrated prevention,
g) cooperates with the Ministry within their scope of application when writing to
The list of competent persons according to § 6, and validation of performance features
competent person,
h) cooperates with the Ministry of industry and trade on the publication of
information on best available techniques and the newly emerging
techniques. ".
108. In section 33 (a). and the words ") at the request of the operator, he shall provide the
preliminary information on the completeness of the application prior to its submission, ' shall be deleted.
109. Section 33 (a). (b)), the word "performance" is deleted.
110. In section 33 (a). (d)), the words "under section 42 shall be replaced by" or
request for change of the integrated permit ".
111. In section 33 to the end of the text of the letter e), the words "and participates in the
the system of exchange of information on best available techniques ".
112. In section 33 (a). (f)), for the word "decision" shall be inserted after the words "on the limitation of
or the "and the words" § 19 paragraph. 1 (a). (c)) and § 19 paragraph. 2 "shall be replaced by the words
"§ 19b paragraph. 3 to 5 ".
113. In § 33 at the end of subparagraph (g) shall be replaced by a comma and dot) following
the letters h) up to) the following:
"h) approved the basic report pursuant to Section 4a,
I) imposes measures to remedy under section 19b paragraph. 1 and 2,
(j)) performs a local investigation in order to determine whether the device
subject to have integrated permits,
the device at the request of the operator) issued preliminary information about the
application under section 3a,
inform the Ministry of l) on the granting of exemptions from the emission levels associated with the
best available techniques pursuant to § 14 paragraph. 5,
m) exposes through the information system of the integrated prevention
the information provided for in this Act,
n) provides incentives for the development of the Ministry of information system
integrated prevention,
of the institution concerned) is in a territorial and building control and release
occupancy by another legal regulation 24) ^ ^ if
the release of the decision, opinions, comments or approvals under the Special
legislation ^ 6), which are the basis for the issue of the territorial
the decision, building permits or occupancy by another
^ Law 24), replaced by the procedure in proceedings for the issue of
the integrated permit under this Act. ".
114. In the section 34 (a). and) the words "or integrated permit" shall be replaced by
the words "and obligations set out in the integrated permit in the field
of the environment ".
115. Section 34 (a). (b)), the words ", if its next operation occurred
or threaten serious environmental harm or substantial material
damages "shall be replaced by the words" pursuant to section 19b paragraph. 3 or 5 ".
116. Section 34 (d)):
"d) exposes the messages from the checks through an information system
integrated prevention, ".
117. Article 34 shall be supplemented with the letters e) to (h)) are added:
"e) imposes measures to remedy under section 19b paragraph. 1 and 2,
f) handles control plans for the calendar year under section 20b
paragraph. 3,
g) handles the normal checks programs under section 20b paragraph. 5,
(h)) and the authority shall inform the regional hygiene station on the planned
the controls, imposed fines and measures to remedy the situation. ".
118. In section 35 is at the end of the text of subparagraph (a)), the words "in the field of
protection against the adverse effects of noise, vibrations and non-ionizing
radiation ".
119. In section 35 (b). (b)), the words "that affect the protection of public
health "shall be replaced by the words" to protect public health in the field of the protection of
from the adverse effects of noise, vibrations and non-ionizing radiation ".
120. In section 35 is at the end of the text of subparagraph (c)), the words "by reason of the
the adverse effects of noise, vibrations and non-ionizing radiation ".
121. In section 35 is at the end of subparagraph (d)) shall be replaced by a comma and dot are added
the letters e) and (f)) are added:
"e) exposes reports from the controls in the information system of the integrated
prevention,
(f) inform the authority and inspection) on the planned checks, and stored
fines. ".
122. In § 36, the words "Department of the environment" shall be replaced by
the word "Ministry" and the words "cooperation" shall be inserted after
"control or".
123. In paragraph 37. 1 (a). (b)), the word "or" is deleted.
124. In section 37, paragraph. 1 at the end of subparagraph (c)) shall be replaced by a comma and dot
the following points (d) to (g))) are added:
"(d) does not report the Office data) the fulfilment of the conditions of the integrated permit pursuant to
section 16a paragraph. 1 or provide data is incomplete or incorrect,
(e)) does not register data for reporting pursuant to article 16a, paragraph. 2,
(f)) has not taken measures to limit the impact on the environment and to prevent
other incidents or accidents referred to in section 16. 1 (a). (e)),
or
(g)) has not taken measures to ensure that the State caused by the breach of the axles
mandatory conditions of operation under section 16(1). 1 (a). f).“.
125. In section 37, paragraph 1, the following new paragraphs 2 and 3 shall be added:
"(2) the Legal or natural person, operating as a legal successor to the
operators guilty of misconduct by the Office has not notified the
the transition of the integrated permit pursuant to section 17.
(3) the competent person has committed misconduct by
the Ministry has not notified the change of information contained in the certificate of execution
write to The competent person referred to in section 6 (1). 8. ".
Paragraphs 2 to 4 shall be renumbered as paragraphs 4 to 6.
126. In paragraph 37. 4, the words "the conditions of the integrated permit"
replaced by the words "the integrated permit".
127. Article 37, paragraph 5 is added:
"(5) the Legal or natural person, operating as an operator
device commits misconduct that does not perform according to § 19b paragraph.
1 or 2 measures to remedy or to restrict or stop the operation of the
the device or its part under section 19b paragraph. 3, 4 or 5. ".
128. In paragraph 37. 6 (a). and the amount) "1 000 000 CZK ' is replaced by
"2 0000 0000 CZK" and at the end of the text of subparagraph (a)), the following words "up to 3".
129. In paragraph 37. 6 (a). (b)), the amount "of 7 000 000 CZK ' is replaced by
"10 0000 0000 CZK" and the words "2 and 3" shall be replaced by the words "4 and 5".
130. In § 38 paragraph 3 reads:
"(3) if the offence committed by the Board discussed the operator of equipment,
on his proposal to stop the administrative proceedings, if the operator
equipment ensure the Elimination of the consequences of the breach of the obligation,
effective measures to further the duration of the infringement or restoration
the State and the imposition of fines would be given to the cost of the measures taken has led
to excessive hardness. Due to the implementation of measures to prevent the emergence of
other adverse consequences can interrupt the proceedings of the administrative tort. ".
131. Article 38, paragraph 5 is added:
"(5) administrative offences under this law are heard at first instance
inspections, or regional office. The competent authority for examination to the administrative
tort is the authority which shall initiate the procedure first. The Ministry of
discuss administrative offence in the first degree, in the case of administrative violation according to the
section 37, paragraph. 3 or, in the case of equipment whose operation can significantly
adversely affect the environment of the State concerned. Regional
sanitary station hears in first instance administrative offences according to the
This Act, with respect to the protection of public health in the area of protection against
the adverse effects of noise, vibrations and non-ionizing radiation ".
132. In paragraph 38. 7, the first sentence shall be inserted after the phrase "half the income from
these fines, which is income of the County budget is assigned to the specified
protection of the environment. ".
133. In section 45, paragraph. 1, the second sentence shall be deleted.
134. In section 45, paragraph. 3, in the first sentence, the words "substantial change in the operation of the
the device "shall be replaced by the words" change device, which requires a change
the integrated permit, "and in the second sentence, the words" substantial "and" in the
operation "shall be deleted.
135. § 46 paragraph 5 be deleted.
Paragraph 6 is renumbered as paragraph 5.
136. In section 47, the words "Department of the environment" shall be replaced by
the word "Ministry" and at the end of the text of section 47, the words "shall be added to § 4a
paragraph. 2, section 14, paragraph. 5 and section 16a paragraph. 4. ".
137. the annex No. 1 including the footnotes No 27 and 28:
"The annex No. 1 to the law No. 76/2002 Coll.
Categories of activities
1. Energy
1.1. Combustion of fuels in installations with a total rated thermal
input of 50 MW or more.
1.2. Refining mineral oils and gases.
1.3. Coke.
1.4. the Gasification or liquefaction
black coal)
(b)) other fuels in installations with a total rated thermal input of 20
MW or more.
2. Production and processing of metals
2.1. metal ore roasting or sintering installations including sulphide ore.
2.2. production of pig iron or steel primary or secondary
raw materials, including continuous casting, with a capacity of greater than 2.5 t
an hour.
2.3. Processing of ferrous metals
and the operation of the hot-rolling mill) with a capacity exceeding 20 tonnes of crude steel per
an hour,
(b)) the operation of forges with hammers the energy of which exceeds 50 kilojoule per hammer,
where is the thermal output of more than 20 MW,
(c) application of protective coatings) of molten metal is processed
exceeding 2 tonnes of crude steel per hour.
2.4. ferrous metal foundries Operation with a production capacity exceeding 20 t
daily.
2.5. Processing of non-ferrous metals
and non-ferrous) manufacture of crude metals from ore, concentrates or secondary
raw materials by metallurgical, chemical or electrolytic processes,
b) smelting, including casting alloys, non-ferrous metals, including
recovered products and the operation of a non-ferrous metal foundries with a capacity
melting more than 4 t per day for lead and cadmium or 20 tonnes per day for all
other metals.
2.6. Surface treatment of metals and plastic materials using
an electrolytic or chemical process where the volume of the bath more than
30 m3.
3. Processing of minerals
3.1. the manufacture of cement, lime and magnesium oxide
and the production of cement clinker) in rotary kilns with a production capacity
more than 500 t per day or in other furnaces with a production capacity of more
than 50 t per day
(b)) the production of lime in kilns with a production capacity exceeding 50 tonnes per day
(c) production of magnesium oxide) in furnaces with a production capacity of more than 50 t
for the day.
3.2. production of asbestos or asbestos-based products.
3.3. The manufacture of glass including glass fibre, of melting capacity exceeding
20 t per day.
2.1. melting of raw materials, including the production of mineral fibres,
melting capacity exceeding 20 tonnes per day.
3.5. the manufacture of ceramic products by firing, in particular roofing tiles,
bricks, refractory bricks, tiles, stoneware or porcelain on
production capacity greater than 75 tonnes per day, and/or with a kiln capacity exceeding
4 m3 and with a charge greater than the density of 300 kg/m3 on a furnace.
4. Chemical Industry
The categories of activities contained in this section means the production of production
the substances or groups of substances listed in sections 4.1 to 4.6 on the basis
chemical and biological processes on an industrial scale.
4.1. production of organic chemicals, such as
Simple hydrocarbons linear) or cyclic, saturated or
unsaturated, aliphatic or aromatic,
(b) Oxygen-containing hydrocarbons) as alcohols, aldehydes, ketones,
carboxylic acids, esters and blends of esters, acetates, ethers, peroxides
and epoxy resin,
c) organic sulphur compounds,
d) organic compounds of nitrogen, such as amines, amides, nitroderiváty,
nitriles, cyanates, isocyanates,
e) organophosphorus compounds,
f) halogenic hydrocarbons;
g) organometallic compounds
h) polymers designed as raw materials for further processing, synthetic
fibres and cellulose-based fibres,
I) synthetic rubbers,
j) dyes and pigments,
to) of a surfactant.
4.2. production of inorganic substances, such as
a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride,
carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide,
Carbonyl chloride,
b) acids, such as chromic acid, hydrofluoric acid, acid
phosphoric, nitric acid, hydrochloric acid, sulphuric acid,
oleum, sulphurous acids,
(c)) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide,
d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate,
sodium carbonate, perborate, silver nitrate
e) non-metals, metal oxides or other inorganic compounds such as carbide
calcium, Silicon, Silicon Carbide.
4.3. production of fertilizers based on phosphorus, nitrogen and potassium, and it
simple or compound.
4.4. The manufacture of plant protection products or biocides.
4.5. the manufacture of pharmaceutical products, including intermediate products.
4.6. Manufacture of explosives.
5. Waste Management
5.1. the disposal or recovery of hazardous waste at a capacity greater
than 10 t per day and involving at least one of these activities
and) biological treatment,
b) physico-chemical treatment,
c) blending or mixing before some of the other activities of the
referred to in points 5.1 and 5.2,
d) repackaging before some of the other activities referred to
in points 5.1 and 5.2,
e) reclamation or regeneration of the solvent
f) recycling or reclamation of inorganic substances other than metals
or compound metals;
g) recovery of acids or bases,
h) recovery of components used for pollution abatement,
I) recovery of components from catalysts,
j) oil re-refining or other reuse of oils,
to the storage tanks to the surface).
5.2. The disposal or recovery of waste in facilities intended for heat
processing waste ^ 28)
and) when capacity exceeding 3 tonnes per hour in the case of other waste
(b)) when the capacity of more than 10 t per day in the case of hazardous waste.
5.3.
and other waste Removal) with a capacity exceeding 50 tonnes per day
involving at least one of the following activities, with the exception of cleaning
urban waste water treatment
1. biological treatment,
2. physico-chemical treatment,
3. pre-treatment of waste for heat treatment,
4. treatment of slag and ash
5. edit the drtičkách metal waste, including waste electrical and
electronic equipment, end-of life vehicles and their
part of;
(b) the use or the use of combined) with the removal of other than
hazardous waste, while the capacity of greater than 75 tonnes per day, and includes
at least one of the following activities, with the exception of the urban
waste water treatment
1. biological treatment,
2. the pretreatment of waste for heat treatment,
3. treatment of slag and ash
4. modification of metal waste in drtičkách, including the waste electrical and
electronic equipment, end-of life vehicles and their
part of the.
If it is only used in the activities of the treatment of waste anaerobic digestion,
makes the capacity threshold for this activity 100 t per day.
5.4. Landfills receiving more than 10 tonnes of waste a day or have a
a total capacity exceeding 25 000 tonnes, excluding landfills of waste
inert waste.
5.5. Storage of hazardous waste which is not covered by point 3.4, before
carrying out the activities referred to in points 5.1 and 5.2 of the total volume of
more than 50 tonnes, with the exception of the gathering before the collection to the point where
waste arises.
5.6. Underground storage of hazardous waste with a total capacity of more than
50 tonnes.
6. other industrial activities
6.1. Industrial production
a) pulp from timber or other fibrous materials
(b)), paper and cardboard, with a production capacity of more than 20 t per day
(c)) of one or more the following types of wood-based panels: boards
chip-oriented, particle board or hardboard,
the production capacity of more than 600 m3 per day.
6.2. the pretreatment, operations such as washing, bleaching, mercerization or dyeing
textile fibres or textiles where the treatment capacity of more than 10 t per
the day.
6.3. Making leather and fur in the processing capacity of more than 12
t of finished products per day.
6.4.
and the slaughterhouse capacity) the slaughter of more than 50 tonnes of carcasses
daily,
b) treatment and processing, other than exclusively packaging, the following raw materials,
and that's regardless of whether they were or were not previously processed, for the purpose of
the production of food or feed
1. only from raw materials of animal origin (other than exclusively milk) when
production capacity greater than 75 tonnes per day,
2. only from raw materials of plant origin in production capacity of more than
300 t/day, or if the device is not any year in continuous operation, after
For more than 90 consecutive days, 600 t per day
3. from the raw materials of animal and vegetable origin, in the form of combined
or separate products, production capacity in tonnes per day, the greater
than
-75, and if it is 10 or more, or
-[300-(22.5 x A)] in all other cases, where "A" is the proportion of
material of animal origin in percentage by weight of the production
capacity.
In the final weight of the product, the weight of the packaging.
This subsection shall not apply if the raw material milk only.
c) treatment and processing of milk only to be removed when the capacity of the milk
than 200 t per day on average for the year.
6.5. The removal or the processing of animal by-products
the origin and the waste of animal origin, the treatment capacity of more than 10 t
for the day.
6.6. the intensive rearing of poultry or pigs
and) with space for more than 40 000 pieces of poultry,
(b)) with space for more than 2 000 pigs over 30 kg,
or
(c)) with space for more than 750 places for sows.
4.2. Surface treatment of substances, objects or products using
organic solvents, in particular for dressing, printing,
coating, degreasing, waterproofing, sizing, painting,
cleaning or impregnating, higher consumption of organic solvents
than 150 kg per hour or more than 200 tonnes per year.
4.2. production of carbon black hard-burnt coal or
electrographite by means of incineration or graphitization.
6.9. Capture of carbon dioxide from installations covered by the
the law on integrated prevention, in order to save the natural
rock structures under other legislation ^ 27).
6.10. the preservation of wood and wood products, chemicals in
production capacity exceeding 75 m3 per day, other than the mere treatment against
the colour white.
6.11. Separately carried out by sewage treatment, which are not
urban waste water which are discharged to the devices, which
covered by this law.
Note:
The threshold values given are generally given in relation to the projected
or production capacity or output of other industrial activities. If
in the same device operated by a few of the activities that fall under the same
description of the activities involving the threshold value, the capacities of these
activities are added together. With regard to activities in the area of waste management,
This calculation shall be applied at the level of activities 5.1, 5.3 (a). and) and 5.3
(a). (b)).
27) Act No. 85/2012 on storing carbon dioxide into natural
rock structures and on amendment to certain laws.
28) section 2 (a). about) Act No. 201/2012 Coll., on the protection of the atmosphere
138. in annex No. 2 of the "Air" point 6 is added:
"6. the solid pollutants including fine particles.".
139. in annex No. 2 of the "Air" section 12, the word "preparations"
shall be replaced by "mixture".
140. In annex 2 section, "water", paragraph 4, the word "preparation" is replaced by
the word "mixture".
141. At the end of annex 2, the following point 13 as follows:
"13. the substances listed in annex No 6 to the regulation of the Government No. 61/2003 Coll.
indicators and values of allowable pollution of surface water and
waste water, the terms of a permit to discharge waste water into the water
surface water and in sewage systems and sensitive areas, as
amended. ".
142. in annex 3, the introductory part of the provisions repealed.
143. in annex 3 paragraph 3, the word "appreciation" is replaced by
"the use of" and the words ", where appropriate, appreciation and recycling" shall be replaced by
the words "and, where appropriate, use and recycling".
144. in annex 3, section 5, the words "changes in scientific knowledge and their
the interpretation of ' shall be deleted.
145. in annex 3 paragraph 9, the word "their" is deleted.
146. in annex 3 paragraph 12 reads as follows:
"12. the information published by international organizations.".
Article. (II)
Transitional provisions
1. The equipment put into service before the 7. 1 January 2013, the device for
which has been issued a final integrated permit, or
the operators have submitted a complete application for the integrated permit
7. January 2013 and which was put into operation no later than 7. January
2014, to 7. January 2014, if not otherwise specified in point 2, the
Act No. 76/2002 Coll., as amended, effective the day of the entry into force of this
the law, in terms of equipment, which are operated by the activities referred to
in annex No. 1 to the law No. 76/2002 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, sections
and with the exception of) 1.1 combustion of fuels in installations with a total rated
thermal input of 50 MW,
(b)) 1.2 and 1.3
(c)) 1.4 (a). and)
d) 2.1 to 2.6,
e) 3.1 to 3.5
f) 4.1 to 4.6 with the exception of the production on the basis of biological processes,
g) 5.1 with the exception of the activities referred to under (e)), h) and k),
h) 5.2 (a). and) with the exception of the disposal or recovery of other waste in the
devices intended for the thermal treatment of waste in the capacity of more
than 3 tonnes per hour, unless it is solely for the use of, or delete
municipal waste,
I) 5.3 (a). and podbodech 1 and 2),
j) 5.4,
6.1 (a)). and (b)),)
l) 6.2 and 6.3,
m) 6.4 (a). and)
n) 6.4 (a). (b) subparagraph 1)
about 6.4 (a)). (b) subparagraph 2) with the exception of the activities engaged in
devices that are not any year in continuous operation for a longer period
than 90 consecutive days, and whose production capacity is greater than 600
t per day and at the same time does not exceed 300 t per day on average in the quarter,
p) 6.4 (a). (c)) and
q) 6.5 to 6.9.
2. The device referred to in point 1 to 7. January 2014, apply the provisions of
section 2 (a). and), d), (g) and (h))), section 3, paragraph 3. 1 and 4 to 6, section 3a, § 4, paragraph 4. 1
(a). and), c), (f)), g), (l)), and p), section 7 (2). 1, § 8, paragraph. 2, section 11 and 12 of section
13 (3). 1, section 13 (3). 2 (a). and (c))) and (e)), section 13 (3). 4 (b). (d)) and
(h)), section 13 (3). 6 to 11, § 16. 1 (a). and, § 17), § 18 paragraph. 6 to 8,
section 19 (a). (b)), and (e)), section 19(a)(1). 1 to 5 and paragraph. 7, section 20, 20a, paragraph 37.
2, 4 and 6, § 38 paragraph. 3, 5 and 7, and article 45, paragraph. 3 of Act No. 76/2002 Coll., in
the texts of the effective date of the entry into force of this law.
3. operators of the devices, which are operated by the activities referred to in
Annex No. 1 to the law No. 76/2002 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, which was put into operation before the 7. January
2013 and are not covered by paragraph 1, are required to have for this device
at the latest by 7. July 2015 integrated permit under section 13 (3). 3
Act No. 76/2002 Coll., as amended, effective from the date of entry into force of this
the law, if they intend to operate these devices after the 7. July 2015.
4. operators of establishments referred to in paragraph 1, who are required to
to ensure the processing of the basic report pursuant to Section 4a, paragraph. 1 of law No.
76/2002 Coll., as amended, effective from the date of entry into force of this Act,
the authority shall submit the basic message for approval in the first proceedings
the change of the integrated permit pursuant to section 19a of Act No. 76/2002 Coll., in
the texts of the effective date of the effectiveness of this law, which will be initiated after the
7. January 2014.
5. operators of installations referred to in point 3, who are required to
to ensure the processing of the basic report pursuant to Section 4a, paragraph. 1 of law No.
76/2002 Coll., as amended, effective from the date of entry into force of this Act,
the basic message of the Office shall submit for approval as part of the application for
the release of the integrated permit.
6. entries to the list of competent person made before the acquisition
the effectiveness of this Act pursuant to section 6 (1). 2 of the Act No. 76/2002 Coll., in
the texts of the effective to date of the entry into force of this Act, the Ministry of
in agreement with the Ministry of industry and trade or the Ministry of
Agriculture according to their field of activity within 2 months from the date of acquisition
the effectiveness of this law in accordance with the annex No. 1 to the law No. 76/2002
Coll., as amended, effective from the date of entry into force of this Act, and shall
professionally qualified persons of the new certificate of registration in the list of professionally
eligible persons under section 6 (1). 2 of the Act No. 76/2002 Coll., as amended by
effective from the date of entry into force of this Act. Until the release of the new
certificate of registration in the list of competent person shall remain in the
validity of the certificate issued on the basis of the entries in list of professionally
the eligible persons, carried out before the entry into force of this Act pursuant to
section 6 (1). 2 of the Act No. 76/2002 Coll., as amended, effective the day of acquisition
the effectiveness of this Act.
7. Control, which has not been completed before the date of entry into force of
This law shall be completed in accordance with existing legislation.
Article. (III)
Cancellation provisions
Government Regulation No. 63/2003 Coll. on the method and extent of system security
Exchange of information on best available techniques, is hereby repealed.
PART THE SECOND
Amendment of the Act on waste
Article. (IV)
In section 82, paragraph. 2 Act No. 185/2001 Coll., on waste and amending certain
other laws, as amended by Act No. 76/2002 Coll., Act No. 188/2004 Coll.
Act No. 222/2006 Coll. and Act No. 154/2010 Coll., the words "section 12 paragraph.
5 "shall be replaced by" section 12 paragraph. 6 "and the words" § 48a (a). (b)), "
the words "§ 50 paragraph. 2. "
PART THE THIRD
Amendment of the Act on administrative fees
Article. In
The annex to the Act No 634/2004 Coll., on administrative fees, as amended by
Law No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll.
Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No. 553/2005 Coll.
Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.
Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.
Act No 130/2006 Coll., Act No. 137/2006 Coll., Act No. 137/2006 Coll.,
Act No. 161/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.
Act No 215/2006 Coll., Act No. 226/2006 Coll., Act No. 227/2006 Coll.
Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No. 575/2006 Coll.
Act No. 106/2007 Coll., the Act No. 261/2007 Coll., Act No. 269/2007 Coll.
Act No. 374/2007 Coll., Act No. 379/2007 Coll., no 182/2008 Coll., Act
No 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll., Act
No 254/2008 Coll., Act No. 296/2008 Coll., Act No. 297/2008 Coll., Act
No 301/2008 Coll., Act No. 309/2008 Coll., Act No 312/2008 Coll., Act
No 382/2008 Coll., Act No. 9/2009 Coll., Act No. 141/2009 Coll., Act
No 197/2009 Coll., Act No. 206/2009 Coll., Act No. 227/2009 Coll., Act
No 281/2009 Coll., Act No. 291/2009 Coll., Act No. 301/2009 Coll., Act
No. 346/2009 Coll., Act No. 420/2009 Coll., Act No. 132/2010 Coll., Act
No 148/2010 Coll., Act No. 153/2010 Coll., Act No. 160/2010 Coll., Act
No 343/2010 Coll., Act No. 427/2010 Coll., Act No. 30/2011 Coll., Act
No 105/2011 Coll., Act No. 133/2011 Coll., Act No. 134/2011 Coll., Act
No 152/2011 Coll., Act No. 188/2011 Coll., Act No. 245/2011 Coll., Act
No 249/2011 Coll., Act No. 255/2011 Coll., Act No. 262/2011 Coll., Act
No 300/2011 Coll., Act No. 308/2011 Coll., Act No. 329/2011 Coll., Act
No 344/2011 Coll., Act No. 349/2011 Coll., Act No. 350/2011 Coll., Act
No 357/2011 Coll., Act No. 375/2011 Coll., Act No. 428/2011 Coll., Act
No 457/2011 Coll., Act No. 458/2011 Coll., Act No. 472/2011 Coll., Act
No 19/2012 Coll., Act No. 37/2012 Coll., Act No. 53/2012 Coll., Act No.
119/2012 Coll., Act No. 169/2012 Coll., Act No. 172/2012 Coll., Act No.
202/2012 Coll., Act No. 221/2012 Coll., Act No. 225/2012 Coll., Act No.
274/2012 Coll., Act No. 350/2012 Coll., Act No. 359/2012 Coll., Act No.
399/2012 Coll., Act No. 407/2012 Coll., Act No. 428/2012 Coll., Act No.
496/2012 Coll., Act No. 502/2012 Coll. and Act No. 503/2012 Coll., amended
as follows:
1. Under item 20 in the "liberation" of the Republic ^ 18) ' shall be
the words "under the law, the local investigation performed integrated treatment
Prevention ".
2. In item 96 in part the subject of the charge is not the words "on the initiative of
the Administrative Office "shall be replaced by the words" in the event that it is not a significant
device change planned by the operator ".
PART THE FOURTH
The EFFECTIVENESS of the
Article. (VI)
This Act shall take effect on the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.