Executive Order On Environmental Regulation Of Certain Activities

Original Language Title: Bekendtgørelse om miljøregulering af visse aktiviteter

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Overview (table of contents)



Chapter 1



Area





Chapter 2



Review mechanism for certain temporary activities, etc.





Chapter 3



Accountability





Chapter 4



Non-commercial animal husbandry





Chapter 5



Unsanitary conditions





Chapter 6



Integrated pest management





Chapter 7



Animal waste and carcasses





Chapter 8



Funerary care





Chapter 9



Noise and air





Chapter 10



Municipal regulations





Chapter 11



Complaint





Chapter 12



Criminal and commencement provisions



The full text of the Ordinance on environmental regulation of certain industrial industries)

Under section 7 (1) (8). 9, section 7 (b), article 16, paragraphs 1 and 3, article 18, paragraph 1, § 89 (b), section 92 and section 110, paragraph 3, of the law on environmental protection, see. lovbekendtgørelse nr. 879 of 26. June 2010, as amended by Act No. 1273 of 21. December 2011, lays down: Chapter 1 Scope § 1. The notice sets out the rules on notification of certain temporary activities, prevention of and response to pollution and unsanitary conditions from non-professional animal husbandry and certain other activities, as well as on local authorities ' access to prepare municipal regulations. In addition, the notice sets out the rules on removal of the appeals procedure for certain decisions in accordance with § 42.

Chapter 2 Review mechanism for certain temporary activities, etc.

§ 2. The who will carry out the following activities on a temporary basis, shall notify in advance to the local authority, see. However, paragraph 2:1) location and use of asphalt plants.

2) location and use of installations for the treatment of contaminated soils.

3) location and use of waste water or sludge treatment plant, including lime stabilisation works.

4) location and use of nedknusnings plant of construction materials.

5) Dust or noise-generating demolition activities.

6) dismantling of ships.

7) Dust or noise-generating building facade treatment.

8) surface treatment of free-standing steel constructions or other larger free standing constructions.

9) Dust or noise-generating works in General.

(2). The obligation under paragraph 1 to review a temporary activity does not apply, if the Municipal Council under section 20 (2) of the regulation, has adopted a local regulation for the municipality or to the relevant geographical area in the municipality of whether that temporary activity. Such a local regulation may, however, contain provisions on notification, see. Article 20, paragraph 2.

§ 3. In section 2, paragraph 1, the said notification must be received at the local Council no later than 14 days before the activity on the site is intended to be started. The Municipal Council may establish a time limit. The notification shall describe the operational period length and the measures, which the person responsible has made or intends to make in order to prevent or remedy the pollution or nuisance to the environment, including operating the future distribution of day, evening and night hours.

(2). The local authority may impose conditions or shut down the prohibition of activity. If the local authority has not taken such a decision within the time limit specified in paragraph 1 may commence activity, see. However, paragraph 4. The information in the notification of operating time, pollution control measures, etc. provides the framework for an activity that begins with the Municipal Board's tacit approval.

(3). The Municipal Council must, as soon as possible, acknowledge that the notification has been received. The receipt shall indicate 1) the activity can commence at the expiration of the time limit referred to in paragraph 1 within the framework of the information submitted in the notification of operating time, anti-pollution measures, etc., if not the Municipal Council has laid down conditions for or prohibiting the activity, see. (2), 2) to the Municipal Council may extend the deadline again if the complexity of the case so warrant, see. paragraph 4, 3) the Municipal Board's tacit consent or the setting of conditions for the activity does not prevent Municipal Council in later to lay down conditions or shut down the prohibition of the activity in the event that gives rise to significant pollution, see. § 4, 4) the Municipal Board's decision in accordance with paragraphs 2 and 4 may be appealed to the Nature-and Environmental complaints board if the decision relates to the municipally owned or municipally-run plants, including plants where Municipal Council has a significant impact on the Organization of the operation, see. sections 21-23, 5) appeal deadline for decisions that can be appealed to the natural and environmental complaints, see. § 23 and 6) bringing the deadline for other decisions, see. § 101.

(4). If the complexity of the case so warrant, the Municipal Council before the expiry of the time limit referred to in paragraph 1, inform the notifier of its intention to lay down conditions or grant injunctive relief before a specified time after the said period. The notice of suspension shall be reasoned. If the local authority does not have fixed terms or prior to prohibition in accordance with paragraph 2, can the notified activity commences upon expiry of the extended deadline. The information in the notification of operating time, anti-pollution measures, etc., is the framework for an activity that begins with the Municipal Board's tacit approval.

§ 4. If a initiated activity, see. section 2, paragraph 1, gives rise to significant pollution, the local authority, derogation from the conditions laid down or already tacit consent under section 3 (2) or (4) lay down conditions for the further work or shut down the prohibition of activity. This is true regardless of the reported pollution prevention measures, operating times, etc. or already provided conditions are complied with.

§ 5. Submission of a review under section 2, paragraph 1, does not exempt for obtaining the necessary authorisations, permits or exemptions under the environmental protection act or other legislation.

Chapter 3 section 6 accountability. The one who carries out one of those in section 2 (1) (8). 5-9, said working for a recipient of, must inform the recipient about the name and address of the granting authority, the person concerned is notified to, and which supervises his or her work.

(2). The person who performs the work with one of the of section 2 (1) (8). 1-4, said facility for a recipient of, must give the recipient of the information referred to in paragraph 1.

Chapter 4 non-commercial animal husbandry section 7. By a non-commercial purposes an animal husbandry animal husbandry that do not exceed the size limits set out in paragraph 2, or other animal husbandry of equivalent size.

(2). Size limits for non-commercial animal husbandry: 1) 2 cows with calves, 4 pieces belonging to other cattle, four horses with associated foals, 2 lakes with fattening of a maximum of 5 hogs, 10 sheep with lamb or 10 goats with kid.

2) paragraph 30 hens.

3) 4 adult dogs with puppies under the age of 18 weeks.

(3). The Municipal Council may, on the basis of a specific assessment determine that animal husbandry shall be deemed to be commercial, although size limits laid down in paragraph 2 are complied with, if the animal team consists of both animals as referred to in paragraph 2, no. 1, and paragraph 2, no. 2 or 3.

§ 8. In urban areas and cottage areas and areas in rural zone, which at the local level are transferred for residential purposes or mixed residential and business, pig, bovine, sheep, goat and horse teams not allowed, see. However, paragraph 3.

(2). The following livestock or other animal husbandry of similar size, with the exception of those referred to in paragraph 1 is allowed in the areas referred to in paragraph 1:1) up to 30 paragraph hens.

2) up to 4 adult dogs with puppies under the age of 18 weeks.

(3). The local authority may grant a derogation from the prohibition provided for in paragraph 1, particularly for properties with existing stables, middens, etc., and in terms of specific requirements for animal team, for fitting-out of the stables and the like as well as middens, etc. in addition to the requirements referred to in this notice. Before a decision is taken, the supervisory authority must make neighbors aware of the case and give them access to comment within a period of at least three weeks.

§ 9. New stables, running farms and similar arrangements for animals, rubbish, liquid manure containers etc. must be placed and arranged in such a way that contamination of the ground water or other water reclamation objects does not take place, and so that they are not to inconvenience to the surroundings.

§ 10. Results in a non-commercial animal husbandry, its stables and the like, as well as installations, etc. essential genes, pollution or the risk of pollution, the Municipal Council may grant injunctions about the making of remedial measures.

(2). Can genes, pollution or the risk of pollution is not remedied, or violated injunction pursuant to paragraph 1, the Municipal Council can lay down the necessary prohibitions, including demanding the plant or the furnishings removed.

Chapter 5 unsanitary conditions § 11. The local authority responsible for supervising the hygiene conditions on publicly available sites, including public toilets, common toilets in residential buildings as well as other common areas in apartment buildings, in so far as there are no fixed rules on this matter in accordance with other legislation.


§ 12. The Municipal Council may grant injunction that pollution must be reduced, or unsanitary conditions shall be restricted or discontinued. In particular, it may be ordered to carry out remedial measures, where the toilets in residential buildings will be useless because of frost or other reasons.

(2). Injunctions may also be given over for activities deemed to pose a risk of substantial pollution nearby or unsanitary conditions.

(3). Can the disadvantages, pollution or the risk of pollution is not remedied, or violated injunction according to paragraphs 1 and 2, the Municipal Council can lay down the necessary prohibition of activity.

§ 13. Latrine should not outlines or spread on the ground at middens, including not as fertilizer. If possible, should, to the extent possible is introduced into the latrine waste water treatment plant for waste water. If latrinen cannot be fed in such installations, the ploughed or buried on the spot. The Municipal Council may provide that burial must take place with the appropriate soil covering on a municipal councillor approved fenced area and in such a way as to avoid any risk of contamination of ground water is excluded.

(2). The local authority may, for reasons to limit the risk of groundwater pollution and to limit pollution and unsanitary conditions give the necessary orders, including the storage, disposal and transport.

Chapter 6 Pests section 14. No one may know the laying of feed or otherwise create restraining order for birds or other stray animals, when this causes inconvenience to the surroundings.

§ 15. The Municipal Council may order that the necessary measures are taken to eradicate pests in order to avoid or limit the disadvantages, unsanitary conditions and the like.

Chapter 7 animal waste and carcasses § 16. The Municipal Council can give orders with a view to ensuring a sound and appropriate storage, transportation and disposal of animal waste. Injunction may, however, be granted only in so far as waste is not covered by the Ministry of food, agriculture and Fisheries rules, or are covered by other legislation under the Ministry of the environment.

Chapter 8 Funeral care section 17. The Municipal Council supervises the hygienic conditions in the mortuary and at cemeteries.

(2). The Municipal Council may order that the groundwater at cemeteries be derived properly, and that older, inadequate drainage facilities should be improved, so that groundwater tooth lowered under usual burial depth.

Chapter 9 Noise and air section 18. In order to prevent unnecessary air pollution or noise nuisance can Municipal Board order or provide for access to let the engine of entertaining motor vehicles be in time should be limited.

§ 19. To prevent noise nuisance can Councillor grant injunctions or adopt provisions that restrict non-professional use of noisy, motor gear, tools and similar, as well as annoying moped driving or similar on private grounds outside of approved courses.

(2). Likewise, the Municipal Council give orders that the noise from ventilation systems on private or municipal buildings should be limited.

Chapter 10 Municipal regulations § 20. In order to prevent pollution or unsanitary conditions can Municipal Council, where appropriate, within specified geographical areas within the municipality, enact local regulations about 1) device and operation of undertakings other than list company, which are not covered by other provisions adopted on the basis of the law, and 2) animal husbandry as mentioned under section 8, paragraph 2, in urban areas and cottage areas and areas in rural zone, which at the local level are transferred for residential purposes or mixed residential and business , including the prohibition of certain forms of animal husbandry in certain areas.

(2). The Municipal Council may, where appropriate, within specified geographical areas within the municipality, enact local regulations in § 2, paragraph 1, referred to temporary activities. Such regulations may include the requirement that activities must be reported to the municipal board before they begin.

(3). The Municipal Council shall publish the rules adopted in accordance with paragraphs 1 and 2 of the basic regulation. Article 18, paragraph 2.

(4). Municipal Board's adoption of a regulation may not be appealed to any other administrative authority.

(5). A regulation adopted in accordance with paragraphs 1 and 2 shall not prevent the Municipal Council according to § 42 paragraph 1-4, may require additional anti-pollution measures than specified in the regulation.

(6). The Municipal Council shall forward the adopted regulations for the environmental protection agency for information and registration.

Chapter 11 section 21 Appeal. Municipal Board's decisions after this order cannot be appealed to any other administrative authority, see. However, section 23.

(2). Municipal Board's decisions in accordance with the local regulations, see. § 20, cannot be appealed to any other administrative authority, see. However, section 23.

§ 22. Decisions of the Municipal Council in accordance with section 42 concerning the prevention and remediation of pollution and noise, as well as decisions after § 72 of the giving of information relating to the following activities, may not be appealed to any other administrative authority, see. However, section 23:1) Restaurants, nightclubs, takeaways or similar commercially-run businesses.

2) supermarkets, retail stores or similar commercially-run businesses.

3) sports facilities, leisure clubs or similar recreational activities.

4) Fixed, non-commercial energy plants.

§ 23. Notwithstanding the provisions of sections 21-22 may for nature and environmental complaints board appealed from decisions related to municipally owned or municipally-run plants, including plants where Municipal Council has a significant impact on the Organization of the operation. Complaint deadline is four weeks from the day the decision is communicated, in accordance with article 3. § 93.

Chapter 12 criminal and effective provisions in section 24. With fine punished anyone who 1) fails to make notification under section 2, paragraph 1, of the basic regulation. § 3, paragraph 1, or commences activities in contravention of the deadlines specified in § 3, paragraph 2, of the basic regulation. (4) 2) fail to provide information pursuant to section 6, paragraph 1 or 2, 3) violates section 8, paragraphs 1-2, § 9, § 13 (1) or section 14, 4) violates the terms of an exemption pursuant to section 8, paragraph 3, 5) violate conditions under section 3, paragraph 2, of the basic regulation. (4) terms or prohibitions under section 4, the provisions under section 13, paragraph 1, or 6) fails to comply with the injunction or prohibition under section 3, paragraph 4, article 10, paragraphs 1-2, section 12, section 13, paragraph 2, sections 15-16, section 17, paragraph 2, section 18, or section 19, paragraph 1-2.

(2). In regulations issued by the Municipal Council under section 18, article 19, paragraph 1, or article 20, can that be fixed fines for violations.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 25. The notice shall enter into force on the 1. July 2012.

(2). Executive Order No. 1517 by 14. December 2006 on environmental regulation of certain activities be repealed.

section 26. Decisions and regulations laid down on the basis of the following Ordinances repealed, retain their validity: 1) Bekendtgørelse nr. 664 of 16. December 1982 of the regulations on the protection of the environment.

2) Bekendtgørelse nr. 366 of 10. May 1992 on non-commercial animal husbandry, unsanitary conditions, and more.

3) Bekendtgørelse nr. 367 out of 10. May 1992 concerning establishment other than list company.

4) Bekendtgørelse nr. 944 of 16. September 2004 on environmental regulation of certain activities.

5) Bekendtgørelse nr. 1517 by 14. December 2006 on environmental regulation of certain activities.

(2). Provisions on penalties in the regulations adopted on the basis of one of the notices referred to in paragraph 1 shall retain their validity.

The Ministry of the environment, the 13. June 2012 Ida Auken/Michel Schilling Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market, the official journal of the European Union 2006, nr. L 376, page 36.