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Royal Legislative Decree 1/2016, Of December 16, Which Approves The Consolidated Text Of The Law On Integrated Pollution Prevention And Control.

Original Language Title: Real Decreto Legislativo 1/2016, de 16 de diciembre, por el que se aprueba el texto refundido de la Ley de prevención y control integrados de la contaminación.

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fficial State Bulletin".

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 "Ooyal 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

Article 12. Content of the request.

1. The application for the integrated environmental authorisation shall contain the provisions of the implementing regulation of this law, and at least the following documentation, without prejudice to what the autonomous communities shall determine for these purposes:

a) Basic project that includes at least the following aspects:

1. The detailed description and scope of the activity and facilities, the production processes and the type of product.

2. The documentation that the person concerned presents to the competent public administration for the control of the activities with an impact on the safety, health of the people or the environment in accordance with the regulations that is applicable.

3. The environmental status of the place where the installation will be located and the possible impacts that are expected, including those that may arise from the cessation of the operation of the facility.

4. Natural resources, raw materials and auxiliary materials, substances, water and energy used or generated in the facility.

5. The installation's emissions-generating sources.

6. Type and quantity of the foreseeable emissions from the installation into the air, the waters and the soil, as well as the determination of their significant effects on the environment, and, where appropriate, the type and quantity of the waste that is are to be generated.

7. Intended technology and other techniques used to prevent and prevent emissions from the installation or, if this is not possible, to reduce them, indicating which of them are considered to be best available techniques in accordance with the BAT conclusions.

8. The measures relating to the application of the order of priority which the hierarchy of waste referred to in Article 4.1.b provides for the waste generated by the installation.

9. Measures planned to control emissions to the environment.

10. The other measures proposed to comply with the principles referred to in Article 4.

11. A brief summary of the main alternatives to the technology, techniques and measures proposed, studied by the applicant, if any.

12. In the event that the facility has a Community environmental management and audit system in place, in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009, on the voluntary participation of organisations in a Community environmental management and audit scheme (EMAS) and repealing Regulation (EC) No 761/2001 and Commission Decisions 2001 /681/EC and 2006 /193/EC provide the latest validated environmental statement and its updates.

(b) Town Hall's urban report in whose territory the facility is located, accrediting the compatibility of the project with urban planning, in accordance with the provisions of Article 15.

(c) Where appropriate, the documentation required by water and coastal legislation for the authorization of discharges into inland waters or from land to sea.

In the case of discharges into the inland waters of basins managed by the General Administration of the State, this documentation shall be immediately forwarded to the basin body by the body responsible for granting the integrated environmental authorisation, in order to indicate whether it is necessary to require the applicant to remedy the lack or to complete the documentation provided.

(d) The determination of the data which, in the opinion of the applicant, is subject to confidentiality in accordance with the provisions in force.

e) Any other information and documentation supporting compliance with the requirements laid down in the applicable legislation, including, where applicable, binding or compulsory insurance, which may be required, inter alia, by Law 26/2007 of 23 October.

f) When the activity involves the use, production or emission of relevant hazardous substances, taking into account the possibility of soil contamination and groundwater contamination at the site of the installation, a base report will be required before starting the installation operation or prior to the authorization upgrade.

This report shall contain the information necessary to determine the state of the ground and the groundwater in order to make the quantitative comparison with the state after the final cessation of the activities, provided for in the Article 23 in addition to the following minimum content:

1. Information about current usage and, if available, about previous uses of the site.

2. º If available, risk analyses and existing reports regulated in contaminated soil legislation in relation to measures in soil and groundwater reflecting the state of the soil. at the time of the drafting of the report or, as an alternative, new measures on soil and groundwater which are related to the possibility of soil and groundwater contamination by those substances dangerous to be used, produced or emitted by the installation concerned.

Where information prepared under other national, regional or regional legislation complies with the requirements set out in this paragraph, such information may be included in the base report which has been presented, or appended to it.

2. The application for the integrated environmental authorisation shall be accompanied by a non-technical summary of all the information specified in the previous paragraph, in order to facilitate their understanding for the purposes of public information processing.

3. In the cases referred to in paragraph 4 of the previous Article, the application for the integrated environmental authorisation shall also include the environmental impact assessment or, where appropriate, the environmental document and other documentation required by the legislation that is applicable.

Article 13. Submission of the application.

The application for integrated environmental authorisation shall be submitted to the body designated by the autonomous community in whose territorial scope the installation is located, without prejudice to Article 16.4 of the Law 39/2015 of 1 October.

As long as no specific designation is produced by the Autonomous Community, the application shall be submitted to the authority of that Administration which holds the environmental powers.

Article 14. Processing.

In all those aspects not regulated in this law, the procedure for granting the integrated environmental authorization shall be in accordance with the provisions of Law 39/2015 of 1 October.

Public administrations will promote the real and effective participation of people interested in the procedures for granting, substantial modification, and review of the integrated environmental authorization of a installation.

Public Administrations shall ensure that the participation referred to in the preceding paragraph takes place from the initial stages of the respective procedures in accordance with the provisions of Article 24. To this end, the provisions for participation laid down in Annex 4 shall apply to such procedures.

Article 15. Town Town Planning Report.

Upon application by the person concerned, the City Council in whose territory the installation is located shall issue the report referred to in Article 12.1.b) within the maximum period of 30 days. In case of failure to do so, the report shall be future use, the site no longer creates a significant risk to human health or the environment due to soil and groundwater contamination due to the activities that have been carried out. permitted, taking into account the conditions of the installation site described in the first Application for integrated environmental authorisation.

Article 24. Notification and publicity.

1. The body responsible for granting the integrated environmental authorization shall notify the decision of granting, modification and review to the applicants, to the City Council where the installation is located, to the various bodies that have issued a binding report and, where appropriate, to the state body competent to grant the substantive authorisations referred to in Article 11.2.a) of this law.

2. The public has the right to access the resolutions of the integrated environmental authorizations, as well as their subsequent modifications and revisions, in accordance with Law 27/2006, of July 18.

3. The autonomous communities shall make public, in their respective official bulletins, the administrative decisions which have been granted, substantially modified or revised the integrated environmental authorisations, identifying the installation affected by the announcement making the resolution public. In addition, they shall make available to the public, inter alia by electronic means, the information referred to in points (a), (b), (e) and (f)

(a) The content of the resolution, including a copy of the integrated environmental authorisation, including its annexes, and any subsequent conditions and adaptations.

b) A memory in which the grounds on which the administrative decision is based are based, including the results of the consultations held during the public participation process and an explanation of how they were held in account.

c) The title of the BAT reference documents applicable to the installation or activity.

(d) The method used to determine the conditions of the authorisation referred to in Article 22, including the emission limit values in relation to the best available techniques and the emission levels associated with the best available techniques.

(e) Where an exemption is granted under Article 7.5, the specific reasons for such exemption based on the criteria set out in that paragraph, and the conditions imposed.

(f) Information on the measures taken by the operator following the final cessation of activities, in accordance with Article 23.

g) Environmental inspection reports within four months of the completion of the on sitevisit.

(h) The results of the measurement of the emissions required under the conditions laid down in the integrated environmental authorisation, and which are held by the competent body.

Article 25. Impeachment.

1. The interested parties may object to the binding reports issued in the regulated procedure in this law either by challenging the administrative decision to terminate the procedure for granting the environmental authorisation. The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union

2. Where the administrative procedure of the decision terminating the procedure for granting the integrated environmental authorisation concerns the conditions laid down in the binding reports, the authority of the autonomous community competent to resolve the appeal shall transfer it to the bodies which have issued them, so that they, if they deem it appropriate, submit claims within 15 days. If they are issued in time, the above claims will be binding for the resolution of the appeal.

3. If, in the case of a judicial-administrative appeal, which could be brought against the decision bringing an end to the administrative procedure, claims relating to the mandatory and binding reports, the administration which had issued them have the consideration of the defendant, in accordance with the provisions of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

Article 26. Review of integrated environmental authorization.

1. At the request of the competent body, the holder shall submit all the information referred to in Article 12 which is necessary for the review of the conditions of the authorisation. Where appropriate, the results of the emission control and other data shall be included to allow for a comparison of the operation of the facility with the best available techniques described in the relevant BAT conclusions and with the emission levels associated with them.

When reviewing the conditions of the authorisation, the competent body shall use any information obtained from the controls or inspections.

2. Within four years of the publication of the BAT conclusions as regards the main activity of an installation, the competent authority shall ensure that:

(a) They have been revised and, if necessary, adapted all the conditions of the authorisation of the installation concerned, in order to ensure compliance with this law, in particular Article 7; and

b) The installation meets the conditions of the authorization.

The review will take into account all the conclusions regarding the BAT reference documents applicable to the installation, since the authorization was granted, updated or revised.

3. Where an installation is not covered by any of the BAT conclusions, the conditions of the authorisation shall be reviewed and, where appropriate, adapted where progress in the best available techniques allows for a reduction. significant of the emissions.

4. In any case, the integrated environmental authorisation shall be reviewed ex officio when:

a) The contamination produced by the installation makes it convenient to revise the emission limit values or the adoption of new ones.

b) You can significantly reduce emissions without imposing excessive costs as a result of major changes in the best available techniques.

c) The operation or activity security requires other techniques to be used.

(d) The basin body, in accordance with the provisions of the water legislation, considers that there are circumstances that justify the revision of the integrated environmental authorization as regards discharges into the public domain. water catchment areas managed by the General Administration of the State. In this case, the basin body shall, by means of a binding report, require the competent authority to grant the integrated environmental authorisation in order to initiate the review procedure within a maximum of 20 days.

e) This is required by the sectoral legislation resulting from application to the installation or it is necessary to comply with new or revised environmental quality standards pursuant to Article 22.3.

5. The review of the integrated eplication of the integrated environmental authorisation, the holder shall take the necessary measures to withdraw, control, contain or reduce the relevant dangerous substances so that, taking into account their current or approved future use, the site no longer believes such a risk.

3. Where the holder is not required to draw up the basic report, after the final cessation of activities, he shall take the necessary measures to withdraw, control, contain or reduce the relevant dangerous substances so that, Taking into account its current or with the applicable regime for classified activities.

The procedure for granting integrated environmental authorization shall prevail over any other means of administrative intervention in the activities of citizens who may establish competent administrations. for the exercise of nuisance, unhealthy, noxious and dangerous activities. For these purposes, the integrated environmental authorisation shall, where appropriate, be binding on the local authority where it involves the refusal of the exercise of the activities or the imposition of corrective measures, as well as with regard to all aspects

environmental impact of the

TITLE IV

Environmental discipline

Article 30. Control, inspection and sanction.

1. The autonomous communities shall be competent to take the precautionary and control measures and to carry out the sanctioning power and to ensure that the objectives of this law and its development are met.

(EC) No Regulation of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council

Competent bodies in the field of inspection may designate entities which demonstrate the appropriate technical capacity for carrying out, on their behalf, material inspection activities which are not reserved for public officials; in no case will these actions be able to deal with the design of systems, plans or inspection programmes. In the designation of these entities, a selection procedure must be followed in which the principles of advertising, transparency, freedom of access, non-discrimination and equal treatment are respected, in accordance with the legislation of the public sector contracts.

2. The competent bodies shall establish an environmental inspection system for installations which shall include the analysis of the whole range of relevant environmental effects of the installation concerned.

3. The results of these actions shall be made available to the public within four months of the completion of the visit on site and in accordance with Law 27/2006 of 18 July.

Article 31. Violations.

1. Without prejudice to what is, where appropriate, laid down by sectoral legislation and by the autonomous communities, infringements in the field of integrated pollution prevention and control are classified as very serious, serious and minor.

2. These are very serious violations:

(a) Exercise the activity or carry out a substantial modification of the facility without the mandatory integrated environmental authorisation, provided that serious damage or deterioration has occurred for the environment or has been put in place in serious danger to the safety or health of persons.

(b) Failure to comply with the conditions laid down in the integrated environmental authorisation, provided that serious damage or damage to the environment has occurred or the safety or health of persons has been seriously endangered.

(c) Failure to comply with the obligations arising from the provisional measures provided for in Article 35 of this Act where it poses a serious danger to the health of persons or the environment.

(d) Exercise the activity in breach of the obligations laid down in the additional protection rules which the autonomous communities have issued, where they have established the requirement for notification and registration, provided that they are there is serious damage or deterioration to the environment or the safety or health of persons has been put in serious danger.

3. These are serious violations:

(a) Exercise the activity or carry out a substantial modification of the facility without the mandatory integrated environmental authorisation, without causing serious damage or deterioration to the environment or without placed in serious danger to the safety or health of persons.

(b) Failure to comply with the conditions laid down in the integrated environmental authorisation, without serious damage or deterioration to the environment, or no serious danger to the safety or health of the environment; persons, as well as not taking the necessary steps to ensure that compliance is ensured as soon as possible and thus to avoid any other possible accidents or incidents.

(c) Failure to comply with the obligations arising from the provisional measures provided for in Article 35 where it does not pose a serious danger to the health of persons or the environment.

d) Transmit the ownership of the integrated environmental authorization without communicating it to the competent body to grant the same.

(e) Failure to communicate to the competent authority of the autonomous community any modifications made to the installation, provided that they are not of a substantial nature.

(f) Not immediately inform the competent authority of the Autonomous Community of any non-compliance with the conditions of the integrated environmental authorisation, as well as of the incidents or accidents affecting significant to the environment.

g) Prevent, delay, or obstruct inspection or control activity.

(h) Exercise the activity in breach of the obligations laid down in the additional protection rules which the autonomous communities have issued, where they have established the requirement for notification and registration, provided that they are there is damage or deterioration to the environment or the safety or health of persons has been endangered.

i) Proceed to the definitive closure of an installation in breach of the conditions laid down in the integrated environmental authorisation relating to soil and groundwater contamination.

4. They are minor infractions:

Failure to comply with the requirements set out in this law or in the rules approved under it, when it is not typified as a very serious or serious infringement.

Article 32. Penalties.

1. The offences listed in the previous Article may give rise to the imposition of all or some of the following penalties:

a) In the case of a fatal violation:

1. º Multa from 200,001 to 2,000,000 euros.

2. Final definitive closure, total or partial, of the facilities.

3. Temporary closure, in whole or in part, of installations for a period of not less than two years and not more than five years.

4. Inablement for the exercise of the activity for a period of not less than one year and not more than two years.

5. º Revocation of the authorization or suspension thereof for a time not less than one year and no more than five years.

In addition, the publication may be ordered, through the means deemed appropriate, of the penalties imposed, once they have acquired firmness on the administrative or, in their case, jurisdictional way, as well as the the names, names or names or social reasons of the naturhe Council of Ministers of discrepancies with the competent authority to grant the authorization It shall forward a copy thereof to the competent authority of the autonomous community to grant the integrated environmental authorisation and, where appropriate, to the State body to grant the substantive authorisations referred to in Article 3.3 which shall be incorporate their condition into the content of the integrated environmental authorisation, as well as the of the substantive authorisations that are required.

Article 29. Coordinational or legal persons responsible and the nature and nature of the infringements.

b) In the case of a severe violation:

1. º Multa from 20,001 to 200,000 euros.

2. Temporary closure, total or partial, of the facilities for a maximum period of two years.

3. Inablement for the exercise of the activity for a maximum period of one year.

4. º Revocation of the authorization or suspension thereof for a maximum period of one year.

c) In the case of a minor infringement: A fine of up to 20,000 euros will be punished.

2. Where the amount of the fine is less than the benefit obtained by the commission of the infringement, the penalty shall be increased to a maximum of twice the amount of the benefit obtained by the infringer.

Article 33. Graduation of sanctions.

In the imposition of the sanctions, due consideration must be given to the seriousness of the fact that the infringement and the sanction applied, considering in particular the following criteria for the graduation of the sanction:

a) The existence of intentionality or reiteration.

b) Damage caused to the environment or health of the persons or the hazard created for the safety of the persons.

(c) The reoffending by commission of more than one violation that is typified in this law when it has been declared by firm resolution.

d) The benefit obtained by the commission of the infringement.

Article 34. Sanctions concurrency.

When for the same facts and legal bases, the infringer could be punished according to this law and to other laws that were applicable, of the possible sanctions will be imposed the most serious.

Article 35. Measures of a provisional nature.

1. Where a sanctioning procedure has been initiated, the body competent to impose the sanction may, inter alia, agree on one or more of the following provisional measures:

(a) Measures of correction, security or control that prevent continuity in the production of risk or damage.

b) Precinct equipment or equipment.

c) Temporary, partial or total closure of facilities.

d) Parada of the installations.

e) Temporary suspension of the authorization for the exercise of the activity.

2. The measures referred to in the previous paragraph may be agreed before the agreement to initiate the administrative penalty procedure in accordance with the terms laid down in its general regulatory rules.

Article 36. Obligation to replenish and periodic penalty payments.

1. Without prejudice to the criminal or administrative penalty imposed, the infringer shall be obliged to replace or restore the goods to the state before the offence committed, and, where appropriate, to pay the corresponding compensation for the damage caused. Compensation for damages caused to public administrations shall be determined and collected on an administrative basis.

It shall also be obliged to take the additional measures deemed necessary by the competent body to ensure compliance with the conditions of the integrated environmental authorisation and to avoid any other possible conditions. incidents or accidents.

2. Where the infringer fails to comply with the replacement or restoration obligation laid down in the preceding paragraph, the competent authority may agree to the imposition of periodic penalty payments, the amount of which shall not exceed one third of the fine provided for the type of violation committed.

First transient disposition. Updating integrated environmental authorizations.

1. The competent authority for the granting of integrated environmental authorisations shall carry out the necessary actions for the updating of the authorisations for compliance with Directive 2010 /75/EC of the European Parliament and of the European Parliament. Council of 24 November on industrial emissions, prior to 7 January 2014.

Later, the reviews will be carried out in accordance with the provisions of Article 25.2 and 3 of this Law and for those combustion plants that have received the aforementioned flexibility mechanisms. prescriptions that are stipulated in these mechanisms.

2. In accordance with the provisions of paragraph 1, the authorisations currently in force containing explicit requirements concerning:

shall be considered to be updated.

(a) Incidents and accidents, in particular with regard to the obligations of the holders relating to the communication to the competent body and the application of measures, including additional measures, to limit the consequences environmental and avoid other possible accidents and incidents;

b) Failure to comply with the conditions of integrated environmental authorizations;

(c) In the case of waste generation, the application of the waste hierarchy set out in Article 4.1.b);

d) Where appropriate, the report referred to in Article 12.1.f) of this Act, which shall be taken into account for the closure of the facility;

e) Measures to be taken under normal operating conditions;

f) Where appropriate, the control requirements for soil and groundwater;

g) In the case of an incineration or co-incineration plant:

-The waste treating the related installation according to the European Waste List; and

-The emission limit values that are regulated for this type of facility.

These authorisations will be published in the official bulletin of the relevant Autonomous Community, with the agreement of 24 November 2010 on the adaptation to Directive 2010 /75/EU.

The public has the right to access the update of the integrated environmental authorizations, in accordance with Law 27/2006, of July 18.

3. Authorisations which do not include the requirements referred to in the previous paragraph to the entry into force of this standard shall be updated before 7 January 2014. The competent authority shall require the holder of the installation to carry out the fulfilment of the abovementioned requirements necessary to update the authorisation. Following this procedure, the updated integrated environmental authorisation will be published in the official bulletin of the Autonomous Community.

4. All installations whose authorisations have been updated in accordance with the above paragraphs shall be covered by an inspection plan in the terms that they are regulated.

Second transient disposition. Transient application.

1. For installations carrying out the activities referred to in Annex 1, in point 1.1 for activities with a rated thermal input of more than 50 MW, points 1.2 and 1.3, point 1.4.a), points 2.1 to 2.6, point 3.1.a) and b), points 3.2 to 3.5, points 4.1 to 4.6 for activities relating to production by chemical processes, points 5.1 and 5.2 for the activities covered by this law, point 5.3.a) and b), points 5.5, 6.1, 6.2, points 7.1, 8.1, 9.1.a), 9.1.b) for the activities covered by this law, point 9.1.c) and points 9.2, 9.3, 10.1, 11.1 and  14.1, which are in operation and have an authorisation from before 7 January 2013 or for which the holder has submitted a complete application for authorisation before that date, provided that these facilities are brought into operation for more By 7 January 2014, the competent bodies shall bring into force the laws, regulations and administrative provisions adopted in accordance with this law, from 7 January 2014, with the exception of the provisions laid down in that law. Chapter V and Annex 3 of Royal Decree 815/2013 of 18 October, which will apply from 1 January 1993. January 2016.

2. In relation to installations carrying out the activities referred to in Annex 1, in point 1.1 for activities with a rated thermal input of 50 MW, point 1.4.b), point 3.1.c), points 4.1 to 4.6 for the activities referred to in Annex 1. activities related to production by biological processes, points 5.1 and 5.2 for activities not covered by Directive 2008 /1/EC, point 5.3.c), (d) and (e), point 5.4, points 5.6 and 5.7, point 6.3, point 9.1.b) for activities not covered by Directive 2008 /1/EC and points 12.1 and 13.1 which are on the holding before 7 January 2013, competent bodies shall apply the laws, regulations and administrative provisions adopted in accordance with this law from 7 July 2015, with the exception of the provisions set out in Chapters IV and V and in Annex 2 and 3 of Royal Decree 815/2013 of 18 October, which shall apply from 1 January 2016.

Transitional provision third. The validity of the BAT reference documents.

Until European decisions containing the first BAT conclusions for each of the industrial sectors are adopted, the BAT reference documents adopted by the Commission shall be applied as such. the European Commission before, except for the fixing of emission limit values.

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.

1. The procedure provided for in this recast text for the authorization of discharges carried out by the activities referred to in Annex 1 to the hydraulic public domain of the basins managed by the General Administration of the State modifies the financial economic regime provided for by the water legislation and the other powers which correspond to the General Administration of the State in the field of the protection of the hydraulic public domain. In particular, the powers relating to surveillance and inspection and the power to sanction are not altered.

2. In the case provided for in Article 19 (3), the relevant catchment area shall liquidate the discharge control fee in accordance with the conditions laid down in the integrated environmental authorisation which, for these purposes, must be laid down provision by the competent regional body to grant it.

Final disposition second. Constitutional foundation.

This recast text has the consideration of basic environmental protection legislation in accordance with the provisions of Article 149.1.23. In addition, the provisions of the first provision and the references to the management of the inter-community basins have their constitutional basis in Article 149.1.22. of the Constitution, which gives the State exclusive competence over the legislation, management and provision of water resources and use when water flows through more than one autonomous community.

Final disposition third. Regulatory development.

The Government is empowered to develop the regulatory framework for this recast text within the scope of its powers and, in particular, to amend its annexes in order to adapt them to the amendments which, if necessary, are introduced by Community legislation.

Regulatory development may include additional technical requirements relating to combustion plants, incineration plants and co-incineration of waste, facilities using compounds volatile organic compounds and installations producing titanium dioxides, in accordance with the terms of Directive 2010 /75/EU of 24 November on industrial emissions.

Final disposition fourth. Incorporation of European Union law.

By this rule, laws that have partially incorporated into Spanish law Directive 2010 /75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (prevention and integrated pollution control).

ANNEX I

Categories of activities and facilities referred to in Article 2

Note: the threshold values mentioned in each of the related activities are generally referred to as production capacity or products. If the same holder carries out several activities of the same category at the same facility, the capacities of those activities shall be added. For waste management activities, this calculation shall apply to installations covered by paragraphs 5.1, 5.3 and 5.4.

1. Combustion plants.

1.1 combustion installations with a total rated thermal input of 50 MW or more:

(a) Electrical energy production facilities under ordinary or special arrangements, in which the combustion of fossil fuels, waste or biomass occurs.

(b) Cogeneration installations, boilers, steam generators or any other equipment or combustion plant existing in an industry, whether or not it is the main activity.

1.2 Oil and gas refineries:

a) Facilities for oil refining or crude oil.

(b) Facilities for the production of fuel gas other than natural gas and liquefied petroleum gases.

1.3 Coqueries.

1.4 Gasification and liquefaction installations of:

a) Carbon;

(b) Other fuels, where the installation has a rated thermal power equal to or greater than 20 MW.

2. Production and processing of metals.

2.1 Calcination or sintering installations of metal ores including sulphurous ore.

2.2 Facilities for the production of cast iron or gross steels (primary or secondary fusion), including the corresponding continuous casting facilities of a capacity of more than 2,5 tonnes per hour.

2.3 Facilities for the transformation of ferrous metals:

a) Hot-rolled with a capacity exceeding 20 tonnes of gross steel per hour.

(b) Forged with hammers whose impact energy is greater than 50 kilojoules per hammer and where the thermal input used is greater than 20 MW.

c) Application of molten metal protection layers with a treatment capacity of more than 2 tons of raw steel per hour.

2.4 Ferrous metal funditions with a production capacity of more than 20 tons per day.

2.5 Facilities:

(a) For the production of non-ferrous raw metals from ores, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

b) For the melting of non-ferrous metals, including alloy, as well as recovery products and other processes with a melting capacity of more than 4 tonnes for lead and cadmium or 20 tonnes for all other metals, per day.

2.6 Facilities for the surface treatment of metals and plastic materials by electrolytic or chemical process, when the volumafo_2">a) Paper pasta from wood or other fibrous materials;

b) Paper or cardboard with a production capacity of more than 20 tons per day.

6.2 Cellulose production facilities with a production capacity exceeding 20 tons per day.

6.3 Industrial installations for the manufacture of one or more of the following wood-based panels: oriented wood chip boards, agglomerated boards, compressed board boards or boards fibers, with a production capacity greater than 600 m3 daily.

7. Textile industry.

7.1 Facilities for the prior treatment (washing, bleaching, mercerization) or for the dyeing of fibres or textile products when the treatment capacity exceeds 10 tons per day.

8. Leather industry.

8.1 Facilities for the tanning of hides when the treatment capacity exceeds 12 tons of finished products per day.

9. Agri-food industry and livestock farms.

9.1 Installations for:

(a) Matches with a capacity of production of channels exceeding 50 tonnes/day.

(b) Treatment and processing, other than mere packaging, of the following raw materials, whether or not treated in advance, for the manufacture of food or feed from:

i) Animal raw material (other than exclusively milk) of a finished product production capacity exceeding 75 tonnes/day;

(ii) Plant raw material of a finished product production capacity of more than 300 tonnes per day or 600 tonnes per day in case the installation works for a period not exceeding 90 consecutive days in a year any;

(iii) only animal and plant raw materials, both in combination and separately, with a production capacity of finished products in tonnes per day exceeding:

-75 if A is equal to or greater than 10, or

-[300-(22.5 × A)] in any other case,

where "A" is the portion of animal matter (as a percentage of the weight) of the production capacity of finished products.

The container will not be included in the final weight of the product.

This subsection shall not apply where the raw material is only milk.

1

c) Treatment and processing of milk only, with a quantity of milk received more than 200 tonnes per day (average annual value).

9.2 Facilities for the disposal or the use of carcasses or animal waste with a treatment capacity of more than 10 tonnes/day.

9.3 Facilities for the intensive breeding of poultry or pigs with more than:

(a) 40,000 places in the case of laying hens or of the equivalent number in nitrogen excreta for other productive guidance of poultry.

b) 2,000 places for bait pigs over 30 kg.

c) 750 places for breeding sows.

10. Consumption of organic solvents.

10.1 Facilities for surface treatment of materials, articles or products using organic solvents, in particular for sizing, stamping, coating and degreasing, waterproofing them, canning, cleaning or impregnating them, with an organic solvent consumption capacity of more than 150 kg of solvent per hour or more than 200 tonnes/year.

11. Carbon industry.

11.1 Installations for the manufacture of sintered carbon or electrographite by combustion or graffiti.

12. Wood conservation industry.

12.1 Conservation of wood and wood products using chemicals, with a production capacity of more than 75 m3 per day. Treatment is excluded to combat chromogenic alterations exclusively.

13. Water treatment.

13.1 Independent waste water treatment, not covered by the legislation on urban waste water, and discharged by an installation referred to in this Annex.

14. CO Capture2.

14.1 Capture of CO2 flows from installations included in this Annex for geological storage purposes in accordance with Law 40/2010 of 29 December 2010 on geological storage of carbon.

ANNEX II

List of polluting substances

Atmosphere:

1. Sulphur oxides and other sulphur compounds.

2. Nitrogen oxides and other nitrogen compounds.

3. Carbon monoxide.

4. Volatile organic compounds.

5. Metals and their compounds.

6. Particles, including fine particles.

7. Asbestos (particles in suspension, fibres).

8. Chlorine and its compounds.

9. Fluorine and its compounds.

10. Arsenic and its compounds.

11. Cyanides.

12. Substances and mixtures in respect of which they have been shown to have carcinogenic, mutagenic or likely to affect reproduction through the air.

13. Polychlorodibenzodioxin and polychlorinated dibenzofurans.

Water:

1. Organohalogenated compounds and substances which may give rise to compounds of this kind in the aquatic environment.

2. Organophosphorus compounds.

3. Organotin compounds.

4. Substances and mixtures of which the carcinogenic, mutagenic or reproductive properties may affect reproduction in or via the aquatic environment are demonstrated.

5. Persistent hydrocarbons and persistent and bioaccumulative toxic organic substances.

6. Cyanides.

7. Metals and their compounds.

8. Arsenic and its compounds.

9. Biocidal products and plant protection products.

10. Materials in suspension.

11. Substances that contribute to eutrophication (particularly nitrates and phosphates).

12. Substances that exert an unfavorable influence on the oxygen balance (and computables by parameters such as DBO, COD, etc.).

13. Substances listed in Annex 1 to Royal Decree 60/2011 of 21 January on environmental quality standards in the field of water policy.

ANNEX III

Aspects to be taken into account in general or in a particular case where the best available techniques as defined in Article 3.12 are determined taking into account the costs and benefits that may arise of an action and the principles of precaution and prevention

1. Use of techniques that produce little waste.

2. Use of less dangerous substances.

3. Development of techniques for the recovery and recycling of substances generated and used in the process, and waste where appropriate.

5.6 Temporary storage of hazardous waste not covered by paragraph 5.5 pending the application of any of the treatments referred to in paragraph 5.1, 5.2, 5.5 and 5.7, with a total capacity exceeding 50 tons, excluding temporary storage, pending collection, at the site where the residue is generated.

5.7 Underground storage of hazardous waste with a total capacity of more than 50 tonnes.

6. Wood-derived industry.

6.1 Industrial installations for the manufacture of:

4. Comparable processes, facilities or method of operation that have given positive tests on an industrial scale.

5. Technical progress and development of scientific knowledge.

6. Character, effects and volume of the emissions concerned.

7. Dates of entry into operation of new or existing installations.

8. Time required for the introduction of a better available technique.

9. Consumption and nature of raw materials (including water) used in energy efficiency procedures.

10. The need to prevent or minimise the overall impact of emissions and risks on the environment.

11. Need to prevent any risk of accident or to reduce its environmental consequences.

12. Information published by international organizations.

ANNEX IV

Public participation in decision making

1. The competent authority of the autonomous community shall inform the public at the initial stages of the procedure, always prior to taking a decision or, at the latest, as soon as it is reasonably possible to provide the information through the electronic means, if available, on the following ends:

(a) The documentation of the application for the integrated environmental authorisation, its substantial modification, or, where appropriate, the documentation relating to the review, in accordance with the provisions of Article 16.

(b) Where appropriate, the fact that the resolution of the application is subject to an environmental, national or cross-border impact assessment, or to consultations between the Member States in accordance with the provisions of Articles 27 and 28.

(c) The identification of the competent bodies to be resolved, of those of whom relevant information may be obtained and of those to whom comments may be submitted or questions asked, with express indication of the the time available to do so.

(d) The legal nature of the resolution of the application or, where appropriate, of the motion for a resolution.

e) Where appropriate, details regarding the review of the integrated environmental authorization.

(f) The dates and places or places where the relevant information will be provided, as well as the means used to do so.

g) The modalities of public participation and public consultation defined in accordance with paragraph 5.

h) In any case, the granting, substantial modification or revision of an authorization relating to an installation when the application of article 7.5 is proposed.

2. The competent bodies of the autonomous communities shall ensure that, within appropriate time limits, the following data are made available to the persons concerned:

(a) In accordance with national law, the main reports and opinions referred to the competent authority or authorities at the time when the persons concerned are to be informed in accordance with the provisions of the paragraph 1.

(b) In accordance with the provisions of the legislation governing access to information and public participation in the field of the environment, any information other than that referred to in point 1 shall be relevant for the resolution of the application, in accordance with Article 8, and that only the information period for the persons concerned as referred to in paragraph 1 may be obtained after the expiry of the reporting period.

3. Interested persons shall have the right to make it clear to the competent body how many comments and opinions it considers appropriate before the application is resolved.

4. The results of the consultations held in accordance with this Annex shall be duly taken into account by the competent body when it comes to resolving the application.

5. The competent authority of the autonomous community to grant the integrated environmental authorisation shall determine the modalities of information to the public and of consultation of the persons concerned. In any event, reasonable time limits will be established for the different phases which allow sufficient time to inform the public and for the persons concerned to prepare and participate effectively in the decision-making process on the medium-term basis. the environment in accordance with the provisions of this Annex.