When do emission permits and other environmental decisions expire? - Eco-meritus

When do emission permits and other environmental decisions expire?

There are a number of legal instruments for environmental protection in the Polish legislation. Permits for the release of gases or dust into the air, water permits or decisions on environmental conditions are usually issued for a definite period of time. When do they expire? Which of them can be extended when their term is coming to an end?

Permits for the emission of gases or dust into the atmosphere - how long are they valid?

 Permits for the release of gases or dust into the air are issued for an indefinite period - no longer than that . After the expiration of the existing permit, it is necessary to obtain a new permit. The application for its issuance must be submitted well in advance so that you can run your business without interruption.

Waste generation permit and waste collection or processing permits – when do they expire?

 Waste generation permits are usually issued for period up to 10 years. However, the legislator provided for two exceptions to this rule.

  1. If a waste treatment permit is issued to the operator of a ship recycling facility. Then it is valid for (can be extended by another 5).
  2. If the generation of waste is included in the integrated permit. Then it is released on time unmarked. However, it should be remembered that significant changes in waste management generate the obligation to update the integrated permit, despite the fact that it was issued earlier for an indefinite period!

Waste collection permits and waste processing permits are valid for a period of 10 years. Both the waste generation permit and the waste collection and treatment permit can be extended. It is enough for the waste holder to submit an application for a new permit in advance.

Water permits - validity periods

 How long a water permit will be granted depends on the type of equipment and the scope of water services and works required by the project. As a rule, water permits are granted by PGW Wody Polskie at most up to 30 years. However, there are some exceptions to this rule:

  • discharge of sewage into waters or land – permit validity up to 10 years,
  • introducing industrial wastewater containing substances particularly harmful to the aquatic environment into waters or sewage systems owned by other entities – permit validity up to 4 years,
  • extracting sand, gravel, stone or other materials from surface waters – permit validity up to 5 years,
  • cutting plants from water or shore – validity of the permit max. 5 years.

Integrated permit - how long is it valid?

 The integrated permit is issued for an indefinite periodunless it is a permit of the ship recycling facility operator. Then they are issued for a specified period - not longer than 5 years, and the validity of such a permit can be additionally extended for another 5 years. Importantly, an integrated permit may be issued for a fixed period at the request of the entity that runs the installation.

Decision on environmental conditions - validity dates

 As a rule, the decision on environmental conditions is valid for 6 yearsprovided that the investor submits an application for an investment decision, e.g. a building permit or a decision approving an architectural and construction project, at that time. Importantly, the period of validity of the DOŚ can be extended up to 10 years. However, you must remember the deadlines. An application for an extension of the validity of the decision on environmental conditions should be submitted:

  • five years after the date on which the ELD became final,
  • and at the same time early enough to receive the position of the authority before the expiry of 6 years from the date when the DOŚ became final.

So how much time does an investor have in practice to submit an application for an extension of the validity of the ELD? 10 miesięcy. This period takes into account the two-month period that the authority has to deal with the case in complex cases. However, it should be remembered that the authority extends the period of examining applications in various situations (e.g. by referring to the Code of Administrative Procedure), which usually results in extending the periods of responding to the applicant's inquiries by more than 2 months. In practice, it is necessary to take into account the possibility of such a situation by the investor not wanting to waste valuable time.

Most environmental permits and decisions are issued for fixed time. In order to be able to continue operations without obstacles, it is worth remembering that an application for an extension or a new decision should be submitted well in advance. Acting without the required permits may result in unpleasant, "painful" consequences for the Investor.