Key Benefits:
Given in Madrid, on December 16, 2016.
FELIPE R.
The Minister of Agriculture and Fisheries, Food and Environment,
ISABEL GARCÍA TEJERINA
RECAST TEXT OF THE INTEGRATED POLLUTION PREVENTION AND CONTROL ACT
Index
Title I. General provisions.
Article 1. Object.
Article 2. Scope.
Article 3. Definitions.
Article 4. Reporting principles for integrated environmental authorisation.
Article 5. Obligations of the operators of the facilities.
Article 6. Interadministrative cooperation.
Title II. Emission limit values and best available techniques.
Article 7. Emission limit values and equivalent technical measures.
Article 8. Information, communication, and access to information.
Title III. Legal status of the integrated environmental authorisation.
Chapter I. Purpose and application.
Article 9. Installations subject to the integrated environmental authorisation.
Article 10. Modifying the installation.
Article 11. Purpose of the integrated environmental authorisation.
Chapter II. Application and grant of integrated environmental authorisation.
Article 12. Content of the request.
Article 13. Submission of the application.
Article 14. Processing.
Article 15. Town Town Planning Report.
Article 16. Public information.
Article 17. Reports.
Article 18. Council report.
Article 19. Report of the basin body.
Article 20. Proposal for a resolution and a hearing procedure.
Article 21. Resolution.
Article 22. Content of the integrated environmental authorisation.
Article 23. Closing the installation.
Article 24. Notification and publicity.
Article 25. Impeachment.
Article 26. Review of integrated environmental authorization.
Article 27. Activities with negative intercommunity or cross-border effects.
Chapter III. Coordination with other environmental intervention mechanisms.
Article 28. Coordination with the environmental impact assessment procedure.
Article 29. Coordination with the applicable regime for classified activities.
Title IV. Environmental discipline.
Article 30. Control, inspection and sanction.
Article 31. Violations.
Article 32. Penalties.
Article 33. Graduation of sanctions.
Article 34. Sanctions concurrency.
Article 35. Measures of a provisional nature.
Article 36. Obligation to replenish and periodic penalty payments.
First transient disposition. Updating integrated environmental authorizations.
Second transient disposition. Transient application.
Transitional provision third. The validity of the BAT reference documents.
Final disposition first. Adaptation to the regime established in the recast text of the Water Law, approved by Royal Legislative Decree 1/2001, of July 20.
Final disposition second. Constitutional foundation.
Final disposition third. Regulatory development.
Final disposition fourth. Incorporation of European Union law.
Annex I. Categories of activities and installations referred to in Article 2.
Annex II. List of polluting substances.
Annex III. Aspects to be taken into account in general or in a particular case where the best available techniques as defined in Article 3.13 are determined taking into account the costs and benefits that may arise from an action and the precautionary and preventive principles.
Annex IV. Public participation in decision-making.
TITLE I
General provisions
Article 1. Object.
purpose of this law is to prevent or, where this is not possible, to reduce and control the pollution of the atmosphere, water and soil by establishing an integrated prevention and control system. pollution, in order to achieve high environmental protection as a whole.
Article 2. Scope.
This law shall apply to facilities of public or private ownership in which any of the industrial activities included in the categories listed in Annex 1 are developed and which, where appropriate, reach the thresholds of capacity established therein, with the exception of installations or parts thereof used for the research, development and experimentation of new products and processes.
Article 3. Definitions.
For the purposes of this law, and its implementing regulations, it shall be understood as:
1. "Groundwater" means all waters under the surface of the soil in the saturation zone and in direct contact with the soil or subsoil.
2. 'Integrated environmental authorisation' means the written decision of the competent authority of the autonomous community in which the installation, for which the protection of the environment and human health is permitted, is allowed to operate; all or part of a facility, under certain conditions designed to ensure that it complies with the object and provisions of this law. Such authorisation may be valid for one or more installations or parts of installations having the same location.
3. 'substantive authorisation' means the authorisation of industrial plants or installations which are legally or legally subject to prior administrative authorisation, in accordance with the Article of Law 21/1992 of 16 July 1992 on Industry. In particular, they will have this consideration the authorizations established in Law 24/2013 of December 26, of the Electrical Sector; in Law 34/1998, of 7 October, of the Sector of Hydrocarbons, and in Chapter IV of the Organic Law 4/2015, of 30 of March, on the protection of citizen security, as regards chemical installations for the manufacture of explosives.
4. 'Poultry' means poultry as defined in Article 2.4 of R">The recast text of the Integrated Pollution Prevention and Control Act is approved, the text of which is inserted below.
Single additional disposition. Regulatory referrals.
The regulatory references made in other provisions of Law 16/2002 of 1 July of Integrated Pollution Prevention and Control shall be construed as referring to the corresponding precepts of the recast text. approves.
Single repeal provision. Regulatory repeal.
All provisions of equal or lower rank that are opposed to the present recast text of the Law on Integrated Prevention and Control of Pollution, and in particular Law 16/2002 of 1 July, are repealed. Integrated Pollution Prevention and Control.
Single end disposition. Entry into force.
This rule will take effect the day following your publication in the "O oyal Decree 1888/2000 of 22 November 2000 laying down animal health conditions applicable to Community trade in and imports of poultry from the Poultry and hatching eggs from third countries.
5. "Conclusions on Best Available Techniques (BAT)": Decision of the European Commission containing the parts of a Best Available Techniques (BAT) reference document setting out the conclusions on the best techniques available, their description, the information to assess their applicability, the emission levels associated with the best available techniques, the associated measurements, the associated levels of consumption and, if appropriate, the rehabilitation measures of the location in question.
6. 'Pollution' means the direct or indirect introduction, by human activity, of substances, vibrations, heat or noise in the atmosphere, water or soil, which may have adverse effects on human health or the quality of the environment; environment, or which may cause damage to property or damage or impair enjoyment or other legitimate uses of the environment.
7. 'Best Available Technical Reference Document (BAT)' means a document resulting from the exchange of information organised in accordance with Article 13 of Directive 2010 /75/EU of the European Parliament and of the Council of 24 November Industrial emissions, prepared for certain activities, which describe in particular the techniques applied, current emissions and consumption levels, the techniques taken into account to determine the best techniques available, as well as the conclusions on the Best Available Techniques (BAT) and the emerging techniques, taking particular account of the criteria listed in Annex 3.
8. 'Emission' means the expulsion into the atmosphere, water or soil of substances, vibrations, heat or noise from the direct or indirect form of point sources or diffuse sources of the installation.
9. "Base report or baseline report": This is the baseline report containing information on the state of soil and groundwater contamination by relevant hazardous substances.
10. 'Environmental inspection' means any action carried out by or on behalf of the competent authority to verify, promote and ensure the adequacy of the facilities to the conditions of the integrated environmental authorisations and to monitor, in case necessary, its environmental impact. Included in this definition are, among other actions: in situvisits, emissions measurement, internal reporting and tracking documents, self-control verification, testing of used techniques, and adequacy of the environmental management of the facility. The purpose of the inspection is to ensure compliance with the environmental regulations of the activities or facilities under the scope of this standard.
11. "Installation" means any fixed technical unit in which one or more of the industrial activities listed in Annex 1 of this Law is developed, as well as any other activities directly related to those activities that are related to technical nature of the activities carried out in that place and may have an impact on emissions and pollution.
12. "Best available techniques (BAT)": The most effective and advanced stage of development of the activities and their operating modalities, which demonstrate the practical ability of certain techniques to form the basis of the limit values for emission and other conditions of authorisation to prevent or, where this is not practicable, to reduce emissions and the impact on the whole of the environment and the health of persons.
For these purposes:
a) "Techniques": The technology used together with the way the installation is designed, built, maintained, exploited and paralyzed.
(b) "available techniques" means techniques developed on a scale that allows their application in the context of the relevant industrial sector, economically and technically feasible, taking into account the costs and the benefits, whether the techniques are used or produced in Spain or not, provided that the holder can have access to them on reasonable terms.
c) "Best Techniques": The most effective techniques for achieving a high overall level of environmental protection as a whole.
13. "Non-substantial modification" means any modification of the characteristics or operation, or of the extension of the installation, which, without consideration of substantial, may have consequences for the safety, health of the persons or the environment.
14. 'substantial modification' means any modification made in an installation which, in the opinion of the body competent to grant the integrated environmental authorisation and in accordance with the criteria laid down in Article 10.4 and 5, may have harmful or important impacts on people and the environment.
15. 'emission levels associated with best available techniques (BAT)' means the range of emission levels obtained under normal operating conditions by making use of one of the best available techniques or a combination of the best available techniques, as described in the BAT conclusions, expressed as an average over a given period of time, under specific reference conditions.
16. 'Environmental quality standards' means the set of requirements laid down by the applicable rules to be met at a given time in a given environment or in a particular part of the environment.
17. 'Body competent to grant integrated environmental authorisation' means the body designated by the autonomous community in which the installation subject to the authorisation is located. As long as no specific designation is produced by the autonomous community, the authority of the autonomous community shall be deemed to be competent.
18. 'equivalent parameters or technical measures' means those which, as a supplementary or supplementary, shall be considered when the characteristics of the installation do not allow for an appropriate determination of emission limit values or where there is no applicable rules.
19. "Interested persons":
(a) All those in whom any of the circumstances provided for in Article 4 of Law 39/2015 of 1 October of the Common Administrative Procedure of Public Administrations are present.
b) Non-profit legal persons who meet the following requirements:
1. The protection of the environment in general or of any of its elements in particular, and which such purposes may be affected by the taking of a decision on the protection of the environment in general or in its statutes, the granting or review of the integrated environmental authorisation or its conditions.
2. To take two years legally constituted and to actively exercise the activities necessary to achieve the objectives laid down in its statutes.
3. º That according to its statutes it develops its activity in a territorial area that is affected by the installation for which the integrated environmental authorization is requested.
20. "Public" means any natural or legal person, as well as their associations, organisations and groups constituted in accordance with the rules applicable to them.
21. 'Residue' means any waste as defined in Article 3 (a) of Law 22/2011 of 28 July of contaminated waste and soils.
22. 'hazardous waste' means any hazardous waste, as defined in Article 3 (e) of Law 22/2011, of 28 July.
23. "Soil": The upper layer of the earth's crust, located between the rocky bed and the surface, composed of mineral particles, organic matter, water, air and living organisms and which constitutes the interface betwe class="capitulo_tit">Purpose and application
Article 9. Installations subject to the integrated environmental authorisation.
The operation of the facilities in which one of the activities listed in Annex 1 is developed is subject to integrated environmental authorisation. This authorisation shall, in any event, precede the construction, assembly or transfer of the installations and shall be adapted to the modifications which occur on the premises.
Article 10. Modifying the installation.
1. The modification of an installation subject to integrated environmental authorisation may be substantial or not substantial.
2. The holder of an installation intending to carry out a non-substantial modification of the plant shall inform the competent authority to grant the integrated environmental authorisation, indicating in a reasoned opinion that it is a Non-substantial modification. This communication shall be accompanied by supporting documents for the reasons set out above.
The holder may carry out the modification provided that the competent authority to grant the integrated environmental authorisation does not manifest otherwise within one month. In the event that an amendment to the integrated environmental authorisation is necessary, as a result of the non-substantial modification of the installation, the autonomous community shall publish it in its official journal.
3. If the holder intends to make a substantial modification, it may not be carried out until the integrated environmental authorisation is amended by the regulated simplified procedure. In this procedure, the content of the application for amendment to be submitted shall be governed, in accordance with the provisions of Article 12 of this Law, which shall, in any event, include documents justifying the substantial nature of the amendment to be made to the perform as well as the basic project on the part or parts of the installation affected by the modification to be performed.
4. In order to justify the substantial modification, account shall be taken of the provisions of the implementing regulation of this law, and in any event, the greatest impact of the proposed amendment on safety, health of persons and the environment. environment, in the following aspects:
a) The size and production of the installation.
b) The natural resources used by the same.
c) Your water and energy consumption.
d) The volume, weight and typology of the waste generated.
e) The quality and regenerative capacity of the natural resources of the geographic areas that may be affected.
f) The degree of contamination produced.
g) The risk of accident.
h) The incorporation or increase in the use of hazardous substances.
5. Any extension or modification of the characteristics or operation of an installation shall be considered to be substantial if the modification or the extension alone reaches the established capacity thresholds, where these exist, in the Annex 1, or if it is to be subject to the ordinary environmental impact assessment procedure in accordance with the rules on this matter.
6. Where the modification of an installation results in a decrease in its production capacity until it falls below the thresholds of Annex 1, the integrated environmental authorisation shall no longer be required, causing a reduction in the inventory of the facilities referred to in Article 8.2. Such amendments shall be communicated to the competent body for verification and publication in the official journal.
Article 11. Purpose of the integrated environmental authorisation.
1. The purpose of the integrated environmental authorization is:
(a) Establish all those conditions that guarantee the fulfillment of the object of this law by the facilities subjected to it, through a procedure that ensures the coordination of the different Public administrations to intervene in the granting of such authorisation to expedite formalities and reduce the administrative burdens of individuals.
(b) Dispose of a pollution prevention and control system that integrates all existing environmental authorizations in the field of production and waste management into a single act of administrative intervention, including the incineration of municipal and hazardous waste and, where appropriate, waste disposal; discharges into inland waters, including discharges into the whole system of sanitation, and discharges from land to the sea, as well as Environmental determinations in the field of air pollution, including concerning volatile organic compounds.
2. The granting of the integrated environmental authorisation, as well as its modification and revision, will precede, where appropriate, the other means of administrative intervention in the activities of the citizens, among others:
(a) Substantive Authorisations or other means of administrative intervention of the industries referred to in Article 3.3.
(b) Actions relating to the means of administrative intervention in the activities of citizens establishing the competent authorities for the control of activities with an impact on the safety, health and safety of workers persons or the environment, without prejudice to the coordination mechanisms laid down in the relevant legislation.
3. The integrated environmental authorisation shall be granted without prejudice to the authorisations or concessions to be required for the occupation or use of the public domain, in accordance with the provisions of the recast of the Water Act, adopted by Royal Decree-Law 1/2001 of 20 July, and in Law 22/1988 of 28 July 1988, of costs, and other rules applicable to it.
Regardless of what is provided for in the previous paragraph, discharges to inland waters and to the land-based maritime public domain, from land to sea, are included in the integrated environmental authorisation. agreement with this law.
4. The autonomous communities shall have the necessary to include the following actions in the procedure for granting and modifying the integrated environmental authorisation:
(a) The actions in the field of environmental impact assessment, or other environmental assessment figures provided for in the autonomic regulations, when this is the case and the competence for this is from the autonomous community.
b) Those other actions that are provided for in their environmental autonomic regulations.
5. The autonomous communities shall have the necessary to enable the inclusion in the procedure of granting of the integrated environmental authorization the actions of the bodies which, if necessary, must intervene under the provisions of the Royal Decree 840/2015 of 21 September 2015 approving measures to control the risks inherent in major accidents involving dangerous substances.
CHAPTER II
Request and Grant of Integrated granted to the facilities under Article 7.5 that document the reasons for setting less stringent emission limit values.
5. The information regulated in this article will be published in accordance with the provisions of Law 27/2006 of July 18, which regulate the rights of access to information, public participation and access to justice in the field of media. environment.
TITLE III
Legal framework for integrated environmental authorization
CHAPTER I