Are you applying for an integrated or emission permit? Check whether you need to submit an application to initiate compensation proceedings. In what cases is it necessary and what does it involve?
Compensation proceedings and integrated and emission permits – when is it required?
Entrepreneurs who intend to generate large emissions of pollutants into the natural environment as part of their activities generally need an integrated or emission permit. Otherwise they won't be able to accordance with the law operate the installations used and devices. In some cases, this involves the need to initiate compensation proceedings. When is it required?
An application for compensation proceedings may be submitted simultaneously with the application for a permit or during the ongoing proceedings when the competent public administration authority determines that air quality standards have been exceeded in a given area and informs the applicant about the need to conduct compensation proceedings.
Compensation proceedings are intended to: reduce the emission of harmful substances into the air, such as, among others, nitrogen oxides, lead, carbon monoxide, sulfur dioxide, benzene and suspended dust. The following may be obliged to carry it out in the area where quality standards were exceeded:
- entities that implement a new investment,
- entities that make a significant change to the installation,
- entities operating other installations that have agreed to limit emissions of substances into the air.
If the entrepreneur does not want to carry out compensation proceedings, he or she must take into account that the competent public administration authority will may refuse to issue an integrated or emission permit. Pursuant to Art. 225 section 6 of the Environmental Protection Law of April 27, 2002 (Journal of Laws of 2001, No. 62, item 627), issuing a permit may not increase the risk to human health.
Compensation proceedings – what should be done to obtain an integrated or emission permit?
To obtain an integrated or emission permit in an area with exceeded air quality standards, the amount of the substance whose standards have been violated should be limited. According to the law, the reduction level should be at least 30 percent greater than the amount of the substance allowed to be released into the air.
Additionally to application to initiate proceedings compensation should be accompanied by the following documents:
- application for a permit to release gases and dust into the atmosphere,
- consent of participants in the proceedings or natural persons who are not entrepreneurs to reduce a specific substance released into the atmosphere,
- settlement of the total reduction in the amount of substances covering all installations covered by the compensation procedure,
- proof of payment of stamp duty.
Depending on the type and size of the installation, an application for initiating compensation proceedings together with the required documents submitted to the district office, marshal's office, the district office of the capital city of Warsaw or the regional directorate for environmental protection. If it receives a positive opinion, the competent authority will issue the integrated or emission permit you are applying for. It will specify, among others: permissible amount of gas or dust emissions into the atmosphere.
In the case of an area where air quality standards have been exceeded, an integrated or emission permit is issued precedes the initiation of compensation proceedings. It allows you to reduce the emission of harmful dust and gases into the atmosphere. Under it, a given entity undertakes to reduce the amount of substances whose standards have been violated.
Are you wondering whether the compensation procedure applies to you? Or maybe you don't know how to properly complete the required documents? Contact us. We will answer all your questions and help you complete the formalities related to the compensation procedure.
