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LAW OF UKRAINE

of July 16, 2024 No. 3855-IX

About the integrated prevention and control of industrial pollution

This Law establishes legal and organizational basis on prevention, reduction and control of the pollution resulting from implementation of the types of activity determined by this Law for ensuring high level of environment protection and constitutional rights on the environment, safe for life and health, by application of integrated approach to regulation of pollution and implementation of the best available technologies and methods of management.

Article 1. Determination of terms

1. In this Law the stated below terms are used in the following value:

1) release receipt of substances, vibrations, heat, noise or other physical and biological factors to the environment owing to anthropogenous activities, intentional or emergency, planned or unplanned, including spillage, emissions, downloading, removal or burial, dumpings into water objects or dumping through systems of water disposal without final purification of the return (waste) waters;

2) emission - the direct or mediated release, including dumping, substances, vibration, heat, noise or other physical and biological factors from installation in atmospheric air, waters, the earth or subsoil;

3) maximum permissible emission weight, expressed rather specific parameters, concentration and/or level of emission which shall not be exceeded within one or several periods of time;

4) allowing body - the central executive body realizing state policy in the field of protection of the surrounding environment;

5) the Unified state register of the integrated ecological permissions (further - the Register) - the public electronic register providing creation, collection, accumulating, storage, accounting, protection, reflection, processing, provision and promulgation of information and documents, and also electronic interaction between operators of installations, allowing body, competent authorities, other public authorities, local government bodies, the public for the purpose of prevention, reduction and control of the pollution resulting from implementation of the types of activity determined by this Law;

6) pollution - the direct or mediated receipt as a result of anthropogenous activities of substances, vibrations, heat, noise or other physical and biological factors in atmospheric air, waters, the earth or subsoil which entailed change of their structure and/or properties can also adversely influence health of the person or the environment, to lead to damage of property, to limit or violate normal conditions of life activity of the person and/or legal use of natural resources;

7) competent authorities - executive bodies which according to their powers and within competence participate in the course of issue of the integrated ecological permission (modification of it) and provide to allowing body conclusions concerning issue of the integrated ecological permission (modification of it) and the offer concerning conditions of the integrated ecological permission, namely: the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reproduction and protection of natural resources; the central executive body realizing state policy in the field of waste management; the central executive body realizing state policy in the field of development of water economy in the field of management and control of use and protection of waters and reproduction of water resources; the central executive body realizing state policy in the field of protection of atmospheric air; the central executive body realizing state policy in the field of civil protection; the central executive body realizing state policy in the field of health care; the central executive body realizing state policy in the field of effective use of fuel and energy resources, energy saving, renewable energy resources and alternative types of fuel; the regional, Kiev and Sevastopol city public administrations, executive body of the Autonomous Republic of Crimea on environmental issues and natural resources of the corresponding administrative and territorial units which can undergo to influence owing to installation activities, on the location of installation;

8) the integrated ecological permission document of allowing nature in the field of environmental protection which is issued by allowing body and grants the right to perform activities for operation of installations, namely the types of activity determined by this Law on the conditions determined in such permission which operators of installations shall receive prior to their operation;

9) the operator of installation subject of managing performing or intending to perform technical operation of the installation which is in its property, direct trust, operational management, economic maintaining or use;

10) the industrial platform part of the land surface with certain location (geodetic coordinates) on which it is located one or more installations;

11) installation - stationary technical unit (object) on which it is performed one or more types of activity determined by this Law and any other directly connected types of activity within the same industrial platform which have technical communication with the activities determined by this Law and can influence emissions and pollution.

2. Other terms are used in this Law in the following values:

the term "public" - in the value given in the Law of Ukraine "About environmental impact assessment";

the terms "the best available technologies and methods of management", "conclusions of the best available technologies and methods of management" - in the values given in the Law of Ukraine "About protection of the surrounding environment";

the term "dangerous substance" - in the value given in the Law of Ukraine "About objects of the increased danger";

the term "accident" - in the value given in the Code of civil protection of Ukraine;

the terms "installation of burning of waste", "installation of joint burning of waste" - in the values given in the Law of Ukraine "About waste management";

the term "genetically modified organism" - in the value given in the Law of Ukraine "About the state system of biosafety during creation, testing, transportation and use of genetically modified organisms";

the term "subject of managing" - in the value given in the Law of Ukraine "About authorization system in the field of economic activity";

the term "pilot production" - in the value given in the Law of Ukraine "About scientific and scientific and technical activities";

the terms "administrator of the register", "holder of the register", "public electronic register", "technical administrator of the register" - in the values given in the Law of Ukraine "About public electronic registers".

3. For the purposes of this Law the term "maximum permissible emission" includes maximum permissible dumping (гдс) of substance in the value given in the Water code of Ukraine.

4. For the purposes of this Law the term "emission" does not include release of radioactive materials and genetically modified organisms.

Article 2. Law coverage

1. This Law governs the relations in the field of prevention, reduction and control of the pollution resulting from implementation of the types of activity given in appendix to this Law.

2. Operation of this Law does not extend to pilot production, and also to testing of new products and processes.

Article 3. The integrated ecological permission

1. The integrated ecological permission is issued by allowing body to the operator of installation on which the type of activity determined by this Law is performed or will be performed.

2. The integrated ecological permission is issued on one or several installations located on one industrial platform which are operated by one operator of installation.

3. If the integrated ecological permission is issued on two or more installations, it determines requirements for ensuring compliance with this Law all installations.

4. The integrated ecological permission is issued according to conclusions of the best available technologies and methods of management. If conditions of the integrated ecological permission are determined on the basis of the best available technologies and methods of management which are not described in the conclusions of the best available technologies and methods of management connected with what activities of installation, such best available technologies and methods of management shall correspond to the criteria determined by article 12 of this Law, and maximum permissible emissions - to the norms of maximum permissible emissions determined in the corresponding conclusions of the best available technologies and methods of management.

In case of lack of conclusions of the best available technologies and methods of management which include type of activity or type of the production process applied in installation the integrated ecological permission is issued according to the best available technologies and methods of management which are determined on the basis of the criteria determined by article 12 of this Law and with ecological standard rates.

5. Effective period of the integrated ecological permission is unrestricted.

6. For issue of the integrated ecological permission (modification of it) the payment in the amount of 30 subsistence minimums for the able-bodied persons established by the law for January 1 of calendar year in which the corresponding application for receipt of the integrated ecological permission (modification of it) is submitted to allowing body is levied. Means for issue of the integrated ecological permission (modification of it) are enlisted in the government budget.

The payment is not levied for modification of the integrated ecological permission according to the simplified procedure, and also in case of review and updating of conditions of such permission.

7. For the installation put into operation for the first time on which activities will be performed or which belongs to objects which according to the Law of Ukraine "About environmental impact assessment" are subject to environmental impact assessment and also in case of change of nature or functioning of installation or its expansion which according to Item 22 parts two and to Item 14 parts three of article 3 of the Law of Ukraine "About environmental impact assessment" is subject to environmental impact assessment, the integrated ecological permission is issued after receipt of the conclusion on environmental impact assessment in which admissibility of implementation of the planned activities is determined.

8. Receipt of the integrated ecological permission is obligatory for the operator of installation performing the types of activity determined by appendix to this Law.

Implementation of the types of activity determined by appendix to this Law commissioning of installation on which it is performed one or more types of activity determined by appendix to this Law including carrying out commissioning before receipt of the integrated ecological permission is forbidden.

Article 4. The statement for receipt of the integrated ecological permission (modification of it)

1. The operator of installation submits to allowing body electronically through means of the Register the statement for receipt of the integrated permission (modification of it), and also information and documents specified in Items 1-5 of part three of this Article.

2. The statement for receipt of the integrated ecological permission (modification of it) contains information about:

1) the operator of installation and the documents confirming him powers as the operator of installation on implementation of technical operation of installation;

2) installation and its activities (main and auxiliary types of activity), geographical coordinates of the industrial platform;

3) the raw materials and auxiliary materials, other substances and types of energy used in installation or made by it;

4) sources of emissions from installation and sources of their education;

5) conditions of the area on which installation, and its climatic characteristics is located;

6) condition of the industrial platform;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info