NOTIFICATION - EMISSION OF GASES AND DUST TO THE AIR

According to the Code of Administrative Procedure, the competent environmental protection authority has 30 days to accept the notification (or to send comments). If the Office fails to send comments to the Applicant within 30 days from the date of submission of the application to the Office, it is considered that he has “tacitly” accepted the application without any comments. There are cases of sending a letter by the Office confirming the receipt of the application (these are rare cases, but they do occur).

Entities which so far have not had their formal and legal status properly regulated, in the case of an inspection by the voivodeship environmental protection inspector, receive post-inspection orders that indicate the obligation to regulate the outdated formal and legal status!

In accordance with the law, the environmental protection authority examining the application for a permit for the emission of gases or dust into the air may issue a negative decision. This happens when the operation of the installation would significantly exceed the emission standards, limit values ​​(reference) or certain conditions imposed by law would not be met.

Both emission standards and reference values ​​are determined by means of executive regulations of the competent minister, based on the Environmental Protection Law.

These documents indicate to entrepreneurs, institutions and other entities the upper values ​​for substances that should not be exceeded when emitting pollutants (i.e. gases and dusts) into the atmosphere.

On the other hand, an administrative decision issued to a given entity in the field of gas and dust emissions into the air imposes specific, often more stringent, limit values ​​than those provided in the regulations, for which entities may be held accountable in the future.

The emission limit values ​​described in the decision also enable certain authorities to control air quality and facilitate the exercise of air protection, understood as care for its condition. These authorities have the right to carry out measurements of concentrations and amounts of substances emitted by entities into the atmosphere during official inspections of the operation of the entrepreneur's installations. These authorities also carry out immission measurements as part of the inspection, i.e. the concentration of these substances in the air in a given area / in a given location. We often see some of the effects of immission control on TV news programs as a summary of the state of air for a given city.

Meeting the limit values ​​(not exceeding the reference values ​​and often also the emission standards) is a prerequisite, which is one of the criteria for obtaining a positive decision on the emission of gases and dust into the air. If you do not know whether the operated installations meet the required emission standards, you will receive the necessary help at Ekomeritum. We will make all the necessary measurements and calculations, prepare documentation, and if the permissible values ​​are exceeded, we will try to advise what solutions are possible to meet the emission standards.

Pursuant to the Code of Administrative Procedure, the office should consider the application for a decision (permit) without undue delay within 1 month, and in particularly complicated cases, within 2 months from the date of initiation of the procedure.

It should be remembered that these deadlines do not take into account the circulation of letters with requests for answers and explanations to official letters, the time given for the applicant to respond, the deadlines for suspending the proceedings for various reasons, which are provided by the Office based on the loopholes provided by the KPA. At the moment, when we are dealing with the prevailing pandemic, most cases are treated as complicated. The duration of the administrative procedure is unpredictable due to remote work on the part of offices, a large number of cases and people in quarantine.