COMPETENT AUTHORITIES
Authorities dealing with permit applications to be contacted when applying for a specific decision.
List of application types:
- Gas emission permit, dust emission permit and notification for gas emission and notification for dust emission;
- Water law permit and water law notification;
- Waste generation permit;
- Waste collection and processing permit;
- Integrated Permit;
- Decision approving the hydrogeological documentation and Approval of the geological works project;
- Decision on environmental conditions;
- fire-fighting operation;
- Inventory of trees and shrubs.
1. Gas emission permit/Dust emission permit and gas emission notification/Dust emission notification
competent authority to be released permits to the introduction of gases and dust into the air is the most common Starost.
There are also installations subject to:
RDOŚ – concerning projects in closed areas;
Marshal of the Voivodship - regarding:
- projects located on the premises of plants operating installations that have been qualified as likely to always have a significant impact on the environment;
- projects that may always have a significant impact on the environment, planned in other types of areas.
(art. 152, 154, 183 and Art. 377 and 378 of the EPL)
2. Water law permit and water law notification
competent authority to issue water law permits Polish waters.
It is the competent authority most often director of RZGW (regional water management board) of Polish Waters in the matters of:
a) water permits, (…):
– if the use of water services, construction of water facilities or operation of water installations or devices are related to projects or installations referred to in Art. 378 sec. 2a of the EPL Act, (i.e. for projects that can always have a significant impact on environment)
(for the construction of flood protection structures, for the transfer of water and the construction of necessary water facilities, for the introduction of substances that inhibit the growth of algae into surface waters, for activities related to the reclamation of surface waters or underground waters, for extraction from surface waters, including internal sea waters along with the internal waters of the Gulf of Gdańsk and the waters of the territorial sea, stone, gravel, sand and other materials, as well as cutting plants from the waters or the shore,
– for the discharge of industrial wastewater containing substances particularly harmful to the environment into the sewage system, (…), originating from the operation of the installation (…),
– if the use of water services or construction of water facilities takes place in whole or in part in closed areas (…),
c) water law assessments (...),
(water law permits (…), required for the project, if it is the competent authority for one of the permits, water law permits, (…), if they concern the use of water and construction of water facilities in artificial water reservoirs located on inland flowing waters, which are a project that may always have a significant impact on the environment, the decisions referred to (...)
There are also installations subject to DZZ (Director of the catchment board) Polish Waters - in matters of water law permits referred to in Art. 388 sec. 1 point 1, not listed in point 1 lit. a, cid;
(virtually all others not related to projects that may always have an impact on the environment and to closed areas)
and
Water supervision manager Polish Waters - in matters of water law notifications.
(Art. 397 PW and Art. 378, 388 EPL)
3. Waste generation permit
organ right in most cases jest mayor.
RDOŚ (Regional director of environmental protection) is competent in matters of projects and events in closed areas.
voivodship marshal is competent in the matters of:
- projects and events on the premises of the plants where the installation is operated, which is classified as a project that may always have a significant impact on the environment
- a project that may always have a significant impact on the environment, carried out in areas other than those listed in point 1;
- waste generation permits and integrated permits for regional municipal waste processing installations and for installations specified in the voivodeship waste management plan as regional municipal waste processing installations.
The environmental protection authority competent for:
1) waste generation permits for non-mining waste generated at the site of prospecting, appraisal and extraction of minerals from deposits, as well as their storage and processing,
2) integrated permit for the waste referred to in point 1
is the authority competent to issue a decision approving the mining waste management programme.
In the case of ordinary use of the environment by natural persons who are not entrepreneurs mayor, mayor or city president is competent in the matters of:
1) issuing decisions, (…);
2) accepting measurement results (…);
3) accepting applications, (…).
(Articles 377 and 378 of the EPL)
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4. Waste collection and processing permit
The competent authority is:
Voivodship marshal:
- for projects that may always have a significant impact on the environment,
- for non-hazardous waste subject to recovery in the recovery process consisting in filling in unfavorably transformed areas, if the amount of waste placed in the excavation or sinkhole is not less than 10 Mg per day or the total capacity of the excavation or sinkhole is not less than 25 Mg,
- for regional municipal waste processing installations and for installations specified in the voivodeship waste management plan as regional municipal waste processing installations,
- to issue a waste collection permit if the maximum total weight of all types of waste stored in a year exceeds 3000 Mg;
Starost - In other cases.
RDOŚ (Regional Director of Environmental Protection) - to issue a permit for waste collection and a permit for waste processing in closed areas.
Additionally:
voivodship marshal may authorize the incineration of waste outside installations or devices, if the incineration of waste in installations or devices intended for this purpose is impossible for safety reasons.
It issues a permit for waste incineration outside installations and devices for closed areas RDOŚ regional director of environmental protection.
As regards the consent to close the landfill or its separate part (…) and the decision to close the landfill (…), the competent authority is voivodship marshal, and in the case of projects and events in closed areas - RDOŚ (regional director of environmental protection).
(Art. 377 and 378 of the EPL and Art. 31, 41, 244a of the UO)
5. Integrated Permit
The competent authority in this case is determined depending on the type and size of the installation. The application consists of:
Marshal's Office, when:
- at least 1 of the installations on the site qualifies as a project that may always have a significant impact on the environment
- the application applies to regional installations for the treatment of municipal waste and for installations defined in the voivodeship waste management plan as regional installations for the treatment of municipal waste (RIPOK)
- the application concerns non-mining waste generated at the site of prospecting, appraisal and extraction of minerals from deposits, as well as their storage and processing
Regional Directorate for Environmental Protection – when the installation is located in closed areas, e.g. railway areas, military areas (airports, ports).
In other cases, an application must be submitted to the county office or municipal office with poviat rights.
(Articles 377 and 378 of the EPL)
6. Decision approving the hydrogeological documentation and Approval of the geological works project
It is the geological administration body of the first instance voivodship marshal, except (…).
Do Mayors(...) include matters related to the approval of geological works plans and geological documentation regarding:
2) groundwater intakeswhose predicted or determined resources do not exceed 50 m3/h;
3) geological and engineering research carried out for the needs of spatial development of the commune and conditions for the foundation of building structures, (…);
4) construction drainage with a capacity not exceeding 50 m3/h;
5) geological works performed in order to use the heat of the earth;
6) hydrogeological conditions in connection with the intended implementation of projects that may have a negative impact on groundwater, including causing their pollution, concerning investments classified as projects that may have a significant impact on the environment, for which the obligation to prepare a report on the environmental impact of the project may be required, excluding projects that may have a negative impact on medicinal waters and supra-voivodship linear investments.
Do Minister responsible for the environmentas the geological administration body of the first instance, include matters related to the approval of geological works plans and geological documentation regarding:
1) mineral deposits referred to in Art. 10 sec. 1;
(...)
1b) determining the hydrogeological conditions in connection with the injection into the rock mass of water from the drainage referred to in point 1a, formation water resulting from the extraction of minerals referred to in Art. 10 sec. 1, and formation waters from underground hydrocarbon storage facilities;
(...)
4) determining hydrogeological conditions in connection with the establishment of protective areas of groundwater reservoirs;
5) determination of hydrogeological and geological-engineering conditions for the purposes of underground non-reservoir storage of substances or underground storage of waste;
(...)
6) regional studies of the geological structure of the country;
(...)
9) boreholes for exploring the structure of a deep subsoil, not related to the documentation of mineral deposits;
10) water construction facilities with damming height exceeding 5 m.
Do Minister responsible for the environment also include matters related to the approval of geological and investment documentation for a hydrocarbon deposit.
(Article 161 of the PGIG)
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7. Decision on environmental conditions
The authority competent to issue a decision on environmental conditions is:
RDOŚ (regional director for environmental protection) - in the case of:
a) being projects that can always have a significant impact on the environment:
– roads,
– railway lines,
– overhead power lines,
– installations for the transmission of crude oil, petroleum products, chemical substances or gas,
– artificial water reservoirs,
– nuclear facilities,
– radioactive waste repositories,
b) projects implemented in closed areas
(...)
e) projects involving the implementation of investments in the field of a public airport (...),
f) investments in the scope of the terminal,
(...)
p) projects involving the change or extension of projects for which the regional director for environmental protection was competent to issue a decision on environmental conditions,
(...)
GDOŚ (General Director for Environmental Protection) - in the case of investments in the construction of a nuclear power facility, (...)
Starost – in the case of consolidation, exchange or division of land;
DRDLP (Director of the Regional Directorate of the State Forests) - in the case of changing the forest owned by the State Treasury to agricultural use;
Mayor, mayor, president of the city – in the case of other projects.
(...)
The application submitted to the competent authority after confirming the formal completeness of the application is subject to consideration by the employees of this authority and opinion by:
– State Poviat Sanitary Inspector
– the Regional Director for Environmental Protection
– Polish waters
on the need to carry out an environmental impact assessment. – Such a number of opinion-giving parties significantly affects the deadlines for completing administrative proceedings.
After issuing an opinion by the above authorities, there are 2 possibilities:
- issuing a decision on environmental conditions usually after a request for explanations and supplements, each time depending individually on the Official to whom the documentation is sent for analysis
and/ or
- if, after the analysis, there was a need to submit an Environmental Impact Assessment Report - the Commune Head, Mayor or President of the City decides in the form of a decision on the need to carry out an assessment and imposes the obligation to submit an Environmental Impact Assessment Report and specifies the scope of additional documents and information that the Investor should submit to the Authority. In such a case, the authority most often suspends the procedure for issuing a decision on environmental conditions.)
(Articles 57, 58, 64, 70, 75, 77, 78 Act on access to information on Wednesday)
8. Firefighting operation
The fire-fighting operation should be agreed with the competent poviat (municipal) fire brigade commander.
9. Inventory of trees and shrubs
The authority competent to issue the permit is:
headman, mayor or City president to remove a tree or shrub from the property;
WKZ (provincial conservator of monuments) to remove a tree or shrub from the property or its part entered in the register of monuments.
(If you want to remove a tree in the right-of-way of a public road, excluding alien poplar species, the permit is issued by the competent authority after consultation with the regional director for environmental protection.
In the case of the desire to remove a tree or shrub in areas under landscape protection within a national park or nature reserve, the permit is issued by the competent authority after consultation with the director of the national park or the regional director for environmental protection).
(Art. 83a. U o Protect Przyr)
The material is for information purposes only and is not an interpretation of the law. Due to possible changes in applicable law, all information provided should be verified and checked for validity.
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