Decree Amending The Decree On Authorization And Approval, Etc. Of Livestock (Implementation Of Parts Of The Directive On Industrial Emissions, Etc.)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om tilladelse og godkendelse m.v. af husdyrbrug(Implementering af dele af direktivet om industrielle emissioner m.v.)

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Overview (table of contents)

Appendix 1




The full text
Decree amending the Decree on authorization and approval, etc. of husdyrbrug1)
(Implementation of parts of the directive on industrial emissions, etc.)
§ 1
Order no. 294 March 31, 2009 on authorizations and approvals etc. of livestock, as amended by Executive Order no. 1681 of 22 december 2010, Executive Order no. 291 of 6 april 2011, Executive Order no. 1344 of 21 december 2011, Executive Order no. 120 February 1, 2012, Executive Order no. 865 of 24 august 2012 and Executive Order no. 1036 of november 5, 2012, is amended as follows:

1. The footnote to the Order title read:

'1) The Order contains provisions implementing parts of European Parliament and Council Directive 2011/92 / EU of 13 December 2011 on the assessment of certain public and private projects on the environment, Official Journal 2012 no. L 26, p 1, parts of the European Parliament and Council Directive 2010/75 / EU of 24 november 2010 on industrial emissions (integrated pollution prevention and control of pollution), Official Journal 2010 no. L 334, page 17, parts of the European Parliament and Council Directive 2009/147 / EC of 30 november 2009 on the conservation of wild birds (birds Directive), Official Journal 2010 no. L 20, page 7, parts of Council Directive 92/43 / EEC of 21 May 1992 conservation of natural habitats and of wild fauna and flora (Habitats Directive), Official Journal 1992 no. L 206, page 7, last amended by Council Directive 2006/105 / EC of 20 november 2006, Official Journal 2006 no. L 363, page 368, and parts of Council Directive 91/676 / EEC of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, Official Journal 1991 no. L 375, page 1, as amended the latest by the European Parliament and Council Regulation (EC) no. 1137/2008 of 22 October 2008, Official Journal 2008 no. L 311, side1. "

2. The introduction is worded as follows:
'Pursuant to § 3, paragraph. 2, § 7, paragraph. 2 and 4, § 9 paragraph. 4, § 17, par. 1-3, § 18 paragraph. 2 and 3, § 34 paragraph. 1-3, § 35, § 40 paragraph. 3 and 4, § 41 paragraph. 2, 4 and 5, § 55, stk. 9 and 10, § 66, § 69a, § 75 paragraph. 1, § 78 and § 111 of the Act on environmental approval, etc. of livestock in accordance. Act no. 1486 of 4 December 2009, as amended by Act no. 122 of 23 February 2011, Law no. 1273 of 21 December 2011 and law no. 446 of 23 May 2012, § 35 paragraph. 2 and § 90 of the Environmental Protection Act, cf.. Legislative Decree no. 879 of 26 June 2010, § 38 k, paragraph. 4 and 5 and § 38 m paragraph. 3 of the Act on contaminated land, referred to. Act no. 1427 of 4 December 2009, as amended by Act no. 446 of 23 May 2012 and § 3 of the Act on frikommuner, see. Law no. 550 of 18. June 2012, states: "

3. After § 1 is inserted before Chapter 2 as a new chapter:

'Chapter 1 a

definitions

§ 1 a. The Order apply:

1) Emission: Direct or indirect discharges to air, water or soil of substances, vibrations or noise from individual or diffuse sources in the livestock sector.

2) Emission Limit: The emission in terms of certain specific parameters, concentration or level which must not be exceeded during a defined control period (time).

3) Emission levels associated with the best available techniques: The emission levels that can be achieved under normal operating conditions by the use of single or a combination of the best available techniques as described in BAT conclusions set as an average over a given period of closer reference specified criteria.

4) the BAT reference document: A document that is the result of the exchange of information organized pursuant to Article 13 and adopted under Article 75. 2, the European Parliament and Council Directive 2010/75 / EU on industrial emissions or a document prior to 1 January 2011, adopted by the European Commission under the previous directives on the prevention and control of pollution. The document describes among other things the applied techniques, present emissions and consumption levels, BAT conclusions, techniques considered for the determination of best available techniques and emerging techniques.


5) BAT conclusion: A document that contains the European Commission's decision on the parts of a BAT reference document adopted by Article 75. 2, the European Parliament and Council Directive 2010/75 / EU on industrial emissions, which sets the conclusions on best available techniques, the description of the technique, information to assess their applicability, the emission levels associated with the best available techniques , associated monitoring, associated consumption levels and, if necessary, measures to limit the damage from pollution from livestock farming.

6) BAT standards: The best available techniques, as defined in Denmark and in terms of the Environmental Protection Agency drafted BAT standard terms published on the EPA website www.mst.dk.

7) IE livestock: Animal with activities covered by § 12 paragraph. 1, no. 1-3 of the Act on environmental approval, etc. of livestock. "

4. The heading to § 7 added:
'General principles'

5. § 7 paragraph. 1 is replaced by:
"The municipal council, in assessing an application for authorization pursuant to § 10 or approval under §§ 11, 12 or 16 of the Act on environmental approval, etc. of livestock sure that

1) the applicant has taken the necessary measures to prevent and limit pollution by using best available techniques and

2) The livestock sector also can be operated on site without affecting the environment in a way which is incompatible with the interests of vulnerability of the surroundings and quality. "

6. § 8 paragraph. 1, no. 4, read:

'4) that the waste hierarchy, see. § 6 b of the Act on environmental protection, observed, ".

7. heading to § 9 added:
"The general level of protection '

8. heading to § 10 added:

'Permissions'

9. heading to § 11 added:
"Approvals"

10. § 11 paragraph. 1, no. 3, read:

'3) The inspections that livestock sector need to make, including an indication of calculations, measurements, procedures, etc. must be set requirements for frequency of reporting and methodology to assess whether the limits are met, times for reporting the results of the monitoring to the local council, and indication of whether the sampling and analysis can be performed by the livestock sector itself or to be performed by an accredited laboratory. IE livestock must report information on the results of emission monitoring at least once a year. "

11. In § 11 paragraph. 1, the following new number:

'4) Regular maintenance and monitoring of the measures taken to prevent and reduce emissions from livestock farming. "
No. 4-13 is then no. 5-14.

12. In § 11 paragraph. 1, the following point. 15:

»15) IE livestock must use, production or release of relevant hazardous substances associated with IE-livestock production is limited in order to avoid the risk of contamination of soil and groundwater on the livestock sector. When hazardous substances are substances and mixtures as defined in Article 3 of the European Parliament and Council Regulation (EC) no. 1272/2008 on classification, labeling and packaging of substances and mixtures. "

13. After § 11 added:
'Defining the best available techniques

§ 11 a. The municipal council shall in determining the best available techniques in the approval or review of livestock use BAT standard terms and pay special attention to the following criteria:

1) Use of technology that results in the least possible waste.

2) The use of less hazardous substances.

3) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate.

4) Comparable processes, facilities or methods of operation which have been tried with success on an industrial scale.

5) technological advances and changes in scientific knowledge.

6) Those emissions nature, effects and volume.

7) The dates for new or existing installations.

8) The time needed to introduce the best available techniques.

9) The consumption and nature of raw materials, including water consumed in the process and energy efficiency.

10) The need to prevent or reduce emission the overall impact of the environment to a minimum.

11) The need to prevent accidents and limit their consequences for the environment.


12) information published by public international organizations, including the BAT reference documents, to the extent these are relevant to the type of livestock.

§ 11 b. The local authority must use the BAT standard terms and put relevant BAT conclusions into account in the approval and review of IE livestock when the relevant BAT conclusions are adopted in accordance with the procedure laid down in Article 75. 2, the European Parliament and Council Directive 2010/75 / EU on industrial emissions and published by the European Commission in the Official Journal.

PCS. 2. Environmental Protection Agency makes BAT conclusions for livestock in accordance with. Annex 6, available on the EPA website www.mst.dk.

PCS. 3. Until a relevant BAT conclusion is published in the Official Journal, the local council will use the Environmental Protection Agency BAT standards and put the conclusions on best available techniques in existing BAT reference documents the basis for the approval and review of IE livestock.

PCS. 4. Once the relevant BAT conclusions or BAT reference documents do not address the use best available techniques, delaktiviteten, production process or their potential environmental impacts establishes municipal BAT for IE livestock in accordance with § 11a after consulting the livestock sector. The best available techniques to ensure protection of the environment, comparable to levels in both BAT standard terms and BAT conclusions or findings of an existing BREF.

Setting emission limit values, etc.

§ 11 c. Local authorities shall set in the approval and review emission levels set. § 11 paragraph. 1 pt. 2, before or at the point where the emissions leave the livestock sector, and before any dilution.

PCS. 2. The local council may supplement or replace emission limit values ​​by equivalent parameters or technical measures with equivalent functionality and environmental protection.

PCS. 3. Local authorities shall set emission limit values, equivalent parameters and technical measures based on the best available techniques pursuant. §§ 11a and 11b, without prescribing the use of any technique or technology. The emission limit values ​​for IE livestock must as a minimum comply with § 11 d § 11 g.

§ 11 d. For IE livestock establishes municipal emission limit values ​​that ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques as laid down in the BAT conclusions referred to. However, §§ 11 e and 11 f. The emission limit values ​​determined

1) for the same or shorter periods of time and with the same reference conditions as in BAT conclusions, or

2) with other values, periods of time and reference conditions than those referred to in BAT conclusions, after which the conditions of paragraphs. 2 and 3 be met.

PCS. 2. The municipal council shall determine the application of paragraph. 1 pt. 2, conditions that emission monitoring is done for the same period of time and reference conditions as those emission levels associated with the best available techniques and livestock farming must prepare a summary of emission monitoring at least once a year and send it to the local council.

PCS. 3. The local authority assesses at least annually the results of the livestock emission monitoring in accordance with paragraph. 2 and verify that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques in BAT conclusions.

§ 11 e. For IE livestock municipal council may exceptionally introduce more liberal emission limits than the emission limit values ​​set out in BAT conclusions when the local council estimates that

1) compliance with the emission levels associated with the best available techniques in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to the plant's geographical location, the local environmental conditions or the plant's technical characteristics,

2) derogation is not causing significant pollution in violation of § 7, paragraph. 1 pt. 2 and

3) to achieve a high level of protection of the environment as a whole.

PCS. 2. the municipal assessment and justification for the application of paragraphs. 1 shall be indicated in the permit or the decision on the basis of reassessment.

PCS. 3. The municipal council shall send a copy of the decision to the Environmental Protection Agency, when paragraph. 1 is used.


§ 11 f. The local authority may in approving an IE-livestock exemptions from compliance with the emission limits in § 11d paragraph. 1, for testing and use of new technology. There can only be granted exemption once per livestock per new technology and highest in a period of nine months.

PCS. 2. The new technique as used in this provision a new technique or technology that could provide either a generally higher or at least equal environmental protection and lower costs than existing best available techniques, if commercially developed.

PCS. 3. The municipal council shall send a copy of the waiver to the Environmental Protection Agency.

§ 11 g. The local authority may for IE livestock set emission limit values ​​that are stricter than those contained in the BAT conclusions when the best available techniques as set out in approvals, orders or BAT standard conditions are stricter than the BAT conclusions. "

14. The heading to § 12 added:
'information disclosure procedure'

15. The heading to § 13 added:
'Relationship with the EIA procedure'

16. The heading to § 14 added:
'Time limit'

17. § 14 shall be inserted before Chapter 5 as a new chapter:

'Chapter 4 a

Compliance with the terms

§ 14 a. Any person who is responsible for an IE-livestock shall immediately inform the local council of non-compliance with permit conditions and shall immediately take the necessary measures to ensure that the conditions are assured. "

18. The title of Chapter 6 reads as follows:

'Chapter 6

Review of approval '

19. § 17 shall be inserted:

"§ 17a. The local authority must take an authorization of a IE livestock reconsidered and, if necessary, issue an injunction or prohibition under § 39 of the Act on environmental approvals etc. of livestock farming when the EU Commission in the Official Journal has published a BAT conclusion relating to the principal of livestock farming activities covered by § 12 paragraph. 1, no. 1-3 of the Act on environmental approvals etc. of livestock farming. The municipal council shall review the approval reconsidered regardless § 40 paragraph. 1 of the Act on environmental approval, etc. of livestock and § 41a paragraph. 1 of the Act on environmental protection.

PCS. 2. This review shall include all conditions of the authorization.

PCS. 3. § 17 paragraph. 2 pcs. 3, 1st clause. And paragraphs. 4 shall apply mutatis mutandis by reassessment under subsection. 1.

PCS. 4. After § 11e paragraph. 1, is used in connection with the approval of IE livestock, the continued use of this part of the municipal reassessment.

PCS. 5. The local council organizes the review in such a way that the livestock sector to meet its based on BAT conclusion updated terms within four years after the publication of the BAT conclusions in the Official Journal. The local council set a deadline for compliance with the new conditions which will expire four years after the publication of the BAT conclusions in the Official Journal. For changes that do not follow the BAT conclusion, the municipal council may set a different implementation deadline. Completion deadline for changes that do not follow the BAT conclusion, can not waive § 40 paragraph. 1 of the Act on environmental approval, etc. of livestock unless the conditions of § 40 paragraph. 2 of the Act on environmental approval, etc. of livestock, are met. "

20. In § 18 paragraph. 1, the words "§§ 40 and 41 'to:' § 40 '.

21. In § 18 paragraph. 2, the words '§ 17' by 'of §§ 17 and 17a'.

22. § 18 paragraph. 5, read:

"PCS. 5. The local council shall publish digitally decisions based on review of IE livestock in accordance. § 22a. "

23. § 18 shall be inserted before Chapter 7 as a new chapter:

'Chapter 6 a

termination

§ 18 a. Upon termination of activities covered by § 12 paragraph. 1, no. 1-3 of the Act on environmental approval, etc. of livestock, Chapter 4 bi Land Pollution Act applies.

PCS. 2. At the end understood

1) when an IE-livestock have informed the municipal council that all activities on livestock farming ceases

2) when an IE-livestock have informed the municipal council, the capacity or utilization of capacity permanently reduced to less stipladsgrænserne in § 12 paragraph. 1, no. 1-3 of the Act on environmental approval, etc. of livestock farms or

3) the situations covered by § 33 paragraph. 3 of the Act on environmental approvals etc. of livestock farming when approval has been lost in whole or the portion above stipladsgrænserne in § 12 paragraph. 1, no. 1-3 of the Act on environmental approvals etc. of livestock farming.


PCS. 3. IE livestock within four weeks after the cessation of operations report this to the local council with a proposal for evaluation according to § 38 k, paragraph. 1 of the Act on soil contamination. The assessment should include a risk assessment for human health and the environment. Showing the risk that it can not be ruled out that pollution poses a significant risk to human health or the environment, the assessment shall also contain a proposal for measures to ensure that pollution does not pose such a risk. "

24. § 19h, paragraph. 2, no. 4, read:

'4) For IE livestock must emussionsgrænseværdierne observed see. §§ 11c-11f. "

25. § 19 j paragraph. 2 is amended as follows:

"PCS. 2. The notification under subsection. 1 is for one on notification of defined animal husbandry and land. The livestock may be moved to other areas. "

26. § 20 shall read:

"§ 20. The municipal council shall immediately notify the Minister if an application concerns a project which could have significant negative effects on humans or the environment in another country.

PCS. 2. The local authority must not attend to the matter before the Minister gives permission. The local authority shall, where appropriate, the applicant.

PCS. 3. The municipal council shall send a copy of the decision to the Minister of the Environment. "

27. After § 22 added:

"§ 22a. When the municipal council decision on the approval or review of an IE-livestock publish municipal decision digitally.

PCS. 2. The local council publishes digital information on the measures that livestock sector has taken upon definitive cessation of operations, see. § 38 m paragraph. 2 of the Act on soil contamination.

PCS. 3. Publication pursuant to subsection. 1 and 2 shall also contain information about that at all times access to access to the other information that the local council is holding, with the limitations resulting from the Public Records Act, the Public Administration and the Law on public access to environmental information. "

28. Annex 6 is supplemented by Annex 1 to this Order.
§ 2

PCS. 1. This Order shall enter into force on 7 January 2013.

PCS. 2. The municipal council and the Nature and Environmental Appeal Board hears cases under the current rules, when the application for authorization or approval of livestock except IE livestock are received by the local council before 7 January 2013.

PCS. 3. Cases of applications for approval of IE-livestock where the applicant before 7 January 2013, submitted a complete application to the local council, under the previously applicable rules, if approval is granted before 7 January 2014 and applied for the establishment, extension or modification may be in operation by that date.

PCS. 4. Nature and Environmental Appeal Board handles complaints about decisions approving the IE-livestock under the current rules once the application is received by the local council before January 7, 2013, approval was granted before 7 January 2014 and applied for the establishment, extension or change is expected to be in operation before 7 January 2014.

PCS. 5. Where the local council where paragraph. 3 and 4 are used for the approved establishment, extension or modification can not be in operation no later than 7 January 2014, notify the municipal order, see. § 40 paragraph. 3 of the Act on environmental approval, etc. of livestock farms that supplement the terms of the approval under the provisions of this Order, unless the terms already meet the requirements of this Order.

PCS. 6. The municipal council may not earlier than January 7, 2014, issue orders on the basis of a reassessment in accordance with § 17a of livestock, which are in operation January 7, 2013, or as to whom paragraph. 3.

Ministry of Environment, December 20, 2012
Ida Auken
/ Michel Schilling



Appendix 1

'Annex 6
BAT conclusions and the BAT reference documents indicated. § 11b paragraph. 2
BAT conclusions for livestock adopted in accordance with Article 75 of the European Parliament and Council Directive 2010/75 / EU on industrial emissions.













BAT conclusion




number




Date of publication

















BAT reference documents adopted under Directive 2008/1 before 7 January 2013 referred. Article 13. 7, the European Parliament and Council Directive 2010/75 / EU on industrial emissions.
Transverse BAT reference documents







Emissions from storage



energy efficiency



General Principles of Monitoring



Industrial cooling systems



Sewage and waste gas treatment and management systems



Economics and cross-media effects





BAT reference documents for livestock







Intensive poultry and pig





«
Official notes

1) The Order contains provisions implementing parts of European Parliament and Council Directive 2010/75 / EU of 24 November 2010 on industrial emissions (integrated pollution prevention and control of pollution), Official Journal 2010 no. L 334, page 17 .