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Maj 08 2009
LAW NO.03/L-043 ON INTEGRATED PREVENTION POLLUTION CONTROL
e premte , 08 maj 2009

LAW NO. 03/L-043

ON INTEGRATED PREVENTION POLLUTION CONTROL

 

 

Assembly of Republic of Kosovo,

 

In support of Article 65, point (1), of the Constitution of the Republic of Kosovo;

 

Recognising the need to harmonise environmental standards in Kosovo for integrated prevention pollution and control with those of the European Union,

 

Adopts:

LAW ON INTEGRATED PREVENTION POLLUTION CONTROL

 

 

CHAPTER I

 

GENERAL PROVISIONS

 

Article 1

Purpose

 

The purpose of this Law is intervention prevention pollution control arising from industrial activities laid down in Annex 1., in particular by preventing or reducing wastes and emissions to the air, water and land.

 

 

Article 2

Determination

 

For the purposes of this Law, the following determinations shall apply:

 

"Installation" means a stationary technical unit where one or more of the activities listed in Annex 1 of this law, are carried out, and any other directly associated activities which have a technical connection with the activities carried out on that site and which could have an effect on emissions and pollution;

 

"An existing installation" is an installation already in operation form the day of entry into force of this law, or an installation that has been granted a construction permit under the effective legal provisions, provided that the construction of the installation commences within one year of the date that this Law comes into effect.

 

"A new installation" is an installation other than an existing installation.

 

"Emission" means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into air, water or land;

 

"Emission limit value (ELV)" means the mass, expressed in terms of certain specific parameters, concentrations and/or level of special emissions, which cannot be exceeded during one or more periods of time. 

 

"Environmental quality standard" means the set of conditions which must be fulfilled at a given time by a given environment or particular part of a given environment, as defined under the legal provisions that are effective.

 

"Republican authority" means the governmental body responsible for carrying out the provisions under this Law.

 

"Ministry" means Ministry of Environment and Spatial planning.

 

"Municipal authority" means the competent authority in municipal level.

 

"Substance" means any chemical element and its compounds, with the exception of radioactive substances and genetically modified organisms.

 

"Pollution" means the direct or indirect introduction of substances, radiation, vibrations, heat, odours or noise into the environment as a result of human activity, which may be harmful to human health.

 

"Permit" means the written decision of the Republican authorities authorising the operation of all or part of an installation and which contains the integrated conditions necessary to guarantee that the installation is in compliance with the requirements of this Law and achieves a high standard of protection of human health and the environment.

"Change on operation" means a change in the nature or functioning of an installation, or an extension of the installation which in itself may have consequences for the environment.

 

"Substantial change" means a change in operation which, in the opinion of the republican authority, may have significant negative effects on human health or the environment.

 

"Operator" means, the natural or legal person who operates or controls the installation.

 

"The public" means one or more natural or legal persons, groups, associations or organisations.

 

"The public concerned" means the public affected or likely to be affected, having an interest in taking a decision on issuing or updating or a permit, permit conditions, including non-governmental organisations promoting environmental protection as defined by law.

 

"Best available techniques" (BAT) means the most effective processes and good developed and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and/or reduce emissions and impact on environment.

 

"Techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.

 

"Available techniques" means those techniques which have been developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the cost and advantages, as long as they are reasonably accessible to the operator.

 

 

CHAPTER II

ENVIRONMENTAL INTEGRATED PERMITS

 

Article 3

General requirements for operator

 

1. Person shall operate an installation only under the authorization of the Ministry.

 

2. A permit may authorise the operation of more than one installation only if they are located on the same site and operated by the same operator.

 

3. The application for a permit must be submitted by the person who will have control over the operation of the installation after authorisation of the permit.

 

4. The operator shall ensure that the installation to operate in compliance with the conditions in the permit.

Article 4

Application for a permit

 

1. An application to the competent authority for a permit shall be in writing and shall contain:

 

1.1. the name, address and telephone number of the applicant, and, if different, any address to which correspondence relating to the application should be sent;

 

1.2. the address of the site of the installation;

 

1.3. a map or plan showing the site and the location of the installation on that site;

 

1.4. the name of any municipality in whose which the site is located;

 

1.5. a description of the installation and the activities listed in Annex 1 of this law to be carried out in the installation, and any other directly associated activities to be carried out on the same site as the installation which has a technical connection with those listed activities and which could have an effect on emissions and pollution;

 

1.6. a report on the conditions of the site of the installation. This report shall, in particular, identify any substance on, in or under the land which may be a risk to human health and the environment;

 

1.7. process flow diagrams of the production processes intended to be used;

 

1.8. the materials, including water, and the energy to be used in or generated by the installation;

 

1.9. nature ,quantity and resource of emission and wastes from installation on environment ,also identification and description of any possible effects important for human health and environment;

 

1.10. the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions and wastes from the installation for the environment and human health;

 

1.11. the proposed measures and methods to be taken to monitor the emissions and wastes from the installation;

 

1.12. a description of the measures to be taken for the prevention, reuse, recovery, recycling and safe disposal of waste generated by the operation of the installation;

 

1.13. a description of any proposed additional measures to be taken to comply with the general requirements set out in Article 6 of this law;

 

1.14. a brief description of the main alternatives in production methods and techniques, if any, studied by the applicant;

 

1.15. any additional information which the applicant wishes the Ministry  to take into account in considering the application of this law;

 

1.16. where an installation is subject to an environmental impact assessment under the Law on Environmental Protection, all relevant information obtained and the conclusions of the environmental impact assessment;

 

1.17. permits or licenses issued to the installation by republican authorities;

 

1.18. a non-technical summary of the information in the application.

 

2. The application shall be accompanied by the appropriate fee carried out based on the sub legal act issued by the Ministry.

 

3. The applicant shall send to the Ministry the signed original application for a permit and nine copies of the application.

 

 

Article 5

Application procedure

 

1. After receipt of the application for a permit, the Ministry shall immediately inform the applicant in writing of the receipt.

 

2. Within fourteen (14) days of receiving the application for a permit the Ministry shall send a copy of the application to the following authorities from sub-paragraphs 21.-2.4. of this paragraph which want to participate on decision making for the permit:

 

2.1. the municipal authority in whose area the installation is located ;

 

2.2. the Kosovo Environment Protection Agency KEPA;

 

2.3. the Environmental Accident Prevention Authority;

 

2.4. any other authorities who are competent for issuing licenses or permits for the installation.

 

3. When considering any application for a permit relating to the abstraction of or direct or indirect discharge to water, shall be considered the Kosovo Water Law (Regulation No. 2004/41).

 

4. The Ministry shall convene a meeting of the authorities who have expressed interest in participating in the decision on the permit. At this meeting, the participants shall agree a schedule for the decision on the application, and the division of responsibilities for the preparation of the permit.

 

5. In the term from fourteen days of the receipt of the application for a permit, the Ministry shall advertise the application for a permit in one or more national newspapers in official language, and in particular inform the public concerned through other appropriate forms of communication.

 

6. The Ministry may request, in writing form, further information from the applicant that it considers necessary to evaluate the application. The request shall specify the reason or reasons for the request and shall set an appropriate deadline for submission of the further information.

 

7. The applicant shall send the further information by the deadline. Upon request of the applicant, the Ministry may, in writing, extend the period for submission of the information.

 

8. If the applicant fails to send further information by the deadline, the Ministry may treat the application as withdrawn and shall inform the applicant of this decision.

 

9. Upon receipt of the further information, the Ministry shall immediately send it to the authorities referred to in paragraph 2 of this Article.

 

10. The Ministry and the authorities referred to in paragraph 2 of this article may visit the site of the installation to verify any information in the application.

 

11. When agreement is reached among the authorities participating in the decision on the permit, the Ministry shall send the draft permit to the applicant, with an invitation to comment in writing on the permit by an appropriate deadline.

 

 

Article 6

Permit requirements

 

1. When determining the conditions of a permit, the Ministry shall require that installations are operated in such a way that:

 

1.1. all appropriate measures are taken to prevent pollution;

 

1.2. the installations listed in Annex 1 of this law apply the best available techniques;

 

1.3. waste is avoided, recovered, recycled or, where this is not technically or economically feasible, is disposed of in a way that avoids or reduces impacts on human health and the environment;

 

1.4. energy and water is used efficiently;

 

1.5. the necessary measures are taken to prevent accidents and to limit their consequences to human health and the environment; and,

1.6. on the definite cessation of activities, the necessary measures are taken to avoid any risk of pollution and to return the site of the installation to a safe, clean and natural condition.

 

2. A permit shall contain Conditions which, taken as a whole:

 

2.1. guarantee a high level of protection of human health and the environment;

 

2.2. minimise transboundary and long-distance pollution;

 

2.3. ensure protection of the biodiversity, air, water, groundwater and soil;

 

2.4. minimise waste and guarantee appropriate management of waste;

 

2.5. are consistent with the principle of proportionality.

 

2.6. emission limit values for pollutants or groups of pollutants, in particular those listed in Annex 2 of this law that are likely to be emitted from the installation in significant quantities;

 

2.7. the emission limit values shall take into account the nature of the pollutants or groups of pollutants and their potential to be transferred from one environmental medium to another;

 

2.8. conditions for release monitoring, and specifying the measurement methodology, frequency, and evaluation procedure;

 

2.9. conditions requiring the operator to submit regularly to the Ministry  the data necessary to monitor emissions and to check compliance with the permit;

 

2.10. conditions relating to the periods when the installation is not operating normally and human health and the environment may be affected; in particular, conditions on the start-up of operations, leaks, malfunctions and momentary stoppages;

 

2.11. the steps to be taken prior to the operation of the installation;

 

2.12. the steps to be taken after the definitive cessation of operations in the installation;

 

2.13. requirements concerning the operator's obligation to adopt emergency response plans and to inform the Ministry  and emergency department immediately of any incident or eventually accident which may significantly human health and the environment;

 

2.14. the duration of the permit, and,

 

2.15. any other specific conditions which, in the opinion of the republican authority, are necessary to achieve the purposes of this Law.

 

 

 

Article 7

Emission limit values

 

1. Emission limit values in other laws shall be considered as maximum emission limit values for the purpose of sub-paragraph 2.1. paragraph 2 Article 6 of this law.

 

2. Emission limit values shall normally apply at the point where the emissions leave the installation and may not take dilution in the environment into account.

 

3. Emission limit values shall be based on the best available techniques for the installation and shall take into account the technical characteristics of the installation, its geographic location and the local environmental conditions.

 

4. Where an environmental quality standard can only be met by requiring stricter emission limit values than those that would be imposed by sub-paragraph 2.1. paragraph 2 Article 6 of this law   the stricter emission limit values shall be required.

 

5. Where appropriate, emission limit values may be supplemented or replaced by equivalent parameters or technical measures.

 

 

Article 8

Transboundary effects

 

1. When the Ministry becomes aware that the operation of an installation in Kosovo is likely to have negative effects on the human health and environment of another state, the Ministry shall forward to the appropriate authority of other state:

 

1.1. a copy of the application for a permit;

 

1.2. summaries of the comments received and a summary of the environmental impact assessment;

 

1.3. an invitation to comment on the application and to propose conditions for inclusion in the permit;

 

1.4. a copy of the draft decision on the application and the draft permit, with an invitation to comment;

 

1.5. other relevant information requested by the government of the other state;

 

1.6. a copy of the final permit.

 

2. The information provided to the other state shall be sent in a timely manner after the application is received, or in response to a request from the other state.

 

3. The information provided shall be the basis for any consultations in the framework of any bilateral relations between Kosovo and the other state on a reciprocal and equivalent basis.

 

4. Where an application has been sent to a state under paragraph 1 of this article the Ministry shall inform the applicant within five (5) days.

 

 

Article 9

Decision on the application

 

1. In authorising a permit for an installation, the Ministry shall only take account of:

 

1.1. the principles in the Law on Environment Protection;

 

1.2. the specific requirements of other laws on environment,  resource management, land use planning, emergency response and public health;

 

1.3. the comments received from the authorities referred to in paragraph 2 Article 5 of this law;

 

1.4. the comments received from any state under Article 8. of this law

 

1.5.the comments received from the concerned public in accordance with the provisions of the Law on Environmental Protection;

 

1.6. any guidance issued by the Minister relevant to the activities of the installation or best available techniques;

 

1.7. the environmental impact assessment for the installation, if relevant.

 

2. The Ministry issue permit:

 

2.1. all applicable fees have been paid and received, and it is satisfied that the operator is a natural person capable of ensuring compliance with the conditions in the permit;

 

2.2. the conditions in the permit are sufficient to ensure that the installation will be operate in compliance with all relevant laws and requirements.

 

3. Ministry shall inform the applicant in writing of its decision.

 

4. At the same time, Ministry shall forward a copy of its decision to the concerned authorities in paragraph 2 Article 5 of this law;

 

5. Ministry shall place a copy of the decision on the register under article 17 of this law.

 

 

Article 10

Permit Validity

 

A permit shall be valid for a period of ten (10) years.

 

 

Article 11

Existing installations

 

1. All existing installations shall comply with this Law no later than 31 December 2017.

 

2. By 1 January 2010, the operator of an existing installation covered by Annex 1 shall provide to the Ministry an application, according to Article 4 of this law and a Compliance Schedule Plan.

 

3. The permit issued by the Ministry to the operator of an installation to which paragraph 1 Article 12. of this law applies shall take account of the proposed Compliance Schedule Plan for that installation.

 

 

Article 12

Change in operation

 

1. Where the operator of an installation proposes to make a change in the operation of that installation he/she shall notify the Ministry.

 

2. The notification under shall be in writing and shall contain a description of the proposed change in the operation of the installation and any potential changes in the operation's impacts on human health and the environment.

 

3. Ministry according to the proposed plan from operator side shall do evaluation of proposed changes in operation and impact and human health an environment.

 

 

Article 13

Modification of the permit

 

1. Where a proposed change in the operation of an installation notified by the operator under paragraph 1 Article 12 of this law  might cause greater risk to human health and the environment, the operator should apply for a permit or change in the permit conditions before introducing the change in operation.

 

2. The operator shall submit an application to modify the permit according to the requirements set out in Article 4. of this law.

 

3. The application for the modification to the permit should cover those parts of the installation that may be affected by the proposed change.

 

4. Ministry shall notify the operator in writing of any changes in the conditions of the permit and the date or dates on which the changes are to take effect.

 

 

Article 14

Review and updating

 

1. Ministry shall review the conditions of a permit after every five (5) years and also when:

 

1.1. the pollution caused by the installation is of such potentially significant harm to human health and the environment that stricter requirements are needed in the permit to meet the requirements of this Law;

 

1.2. for activities listed in Annex 1 of this law  changes in the best available techniques make it possible to significantly reduce emissions from the installation without imposing excessive costs;

 

1.3. new information received by Ministry indicates that the operational safety of the activities carried out in the installation require other techniques to be used;

 

1.4. changes in law apply to the conditions of the permit.

 

2. If as a result of the review, Ministry decides that the conditions of the permit must be updated, it shall do so and shall notify the operator of its decision.

 

 

Article 15

Transfer of permit

 

1. Where the operator of an installation intends to transfer his/her permit to another person, the operator and that other person shall present a joint application to the Ministry for that transfer.

 

2. The application shall be accompanied by the original permit and shall contain:

 

2.1. the name, address and telephone number of the operator;

 

2.2. the name, address and telephone number of the person to whom the permit is to be transferred;

 

2.3. information about the competency, ability and economic resources of the person to whom the permit is to be transferred.

 

3. Ministry shall approve t the application for the transfer of the permit, if it is satisfied that the person to whom the permit will be transferred meets the requirements of paragraph 2 Article 9 of this law.

 

4. Where the Ministry refuses to grant the transfer of the permit, it shall notify the applicants in writing, giving the reasons for the refusal.

 

5. The Ministry shall inform the applicants in writing of the approval of the transfer and specify the date upon which the transfer takes effect.

 

6. The Ministry may request, in writing, further information from the applicant that it considers necessary for the purpose of making a decision for an application to transfer under this article. The request shall specify the reason for the request and shall specify the period within further information must be supplied to the republican authority.

 

7. If the further information is not received by the Ministry within the time specified, the Ministry may treat the application to transfer as withdrawn and shall notify the applicants of this decision.

 

 

Article 16

Tariffs

 

1. The Ministry with sub legal act may determine the fees to be paid:

 

1.1. the application for a permit;

 

1.2. the application for changing of activities;

 

1.3. a modification to the permit.

 

 

Article 17

Register

 

1. The Ministry shall maintain a register of information relating to permits authorised under this Law, and containing the information set out in Annex 3. of this law.

 

2. Where information is excluded from the register, a summary of the information shall be entered in the register.

 

3. The Ministry shall ensure that the register is accessible at all reasonable times to the public free of charge.

 

4. The Ministry shall make available facilities for obtaining copies of entries, on payment of a reasonable charge.

5. The Ministry may only exclude public access to information on the register upon grounds established in law.

 

6. Form and content of the register from paragraph 1 of this Article shall be determined by Minister with special act.

 

 

Article 18

Implementation of the law for administrative procedure

 

On the decision making procedure according to this law shall be applied the provisions of the Law for administrative procedures especially for issues that have not been regulated by this law

 

 

 

CHAPTER III

BEST AVAILABLE TECHNIQUES

 

Article 19

Best Available Techniques

 

1. The data set out in this article should be taken into account when determining BAT for categories of industrial activity listed in Annex 1 of this law:

 

1.1. the use of low-waste technology;

 

1.2. the use of less hazardous substances;

 

1.3. where appropriate, the recovery and recycling of substances used and/or generated in the operation process;

 

1.4. where appropriate, the recovery and recycling of waste;

 

1.5. comparable processes, facilities or methods of operation which have been successfully tried on an industrial scale;

 

1.6. technological advances and changes in scientific knowledge and understanding;

 

1.7. the type, nature and volume of the emissions;

 

1.8. the date of putting into operation of new and existing installations;

 

1.9. the period of time needed to introduce BAT;

 

1.10. the type, nature and consumption of the raw materials, including water, used in the process and their energy efficiency;

 

1.11. the necessity to prevent or, where this is not practicable, to reduce to a minimum, the overall impact of the emissions on the environment and the risks to the environment;

 

1.12. the necessity to prevent accidents or, where an accident occurs, to minimise the consequences for the environment and human life;

 

1.13. any information published by the European Commission and international organisations on Best Available Techniques, associated monitoring, and any developments in these.

 

2. When determining BAT, consideration shall be given to:

 

2.1. the likely costs and benefits of a certain measure;

 

2.2. the objectives and principles of environmental protection set out in the Law on Environment Protection.

 

 

Article 20

Reference documents for Best Available Techniques

 

1. When determining BAT in accordance with paragraph 2 Article 19 of this law, consideration shall be given to:

 

1.1. BAT reference documents approved by the Minister;

 

1.2. BAT Reference documents prepared by the European Commission (EU-BREFs);

 

1.3. best international practice

 

1.4. BAT reference documents from other states.

 

2. The Minister establishes and maintains the information system on BAT. The information system shall be made available to the public and electronically accessible.

 

 

CHAPTER IV

PUNISHMENT PROVISION

 

Article 21

Delinquency

 

1. With fine on money from fifteen thousand (15.000) to fifty thousand (50.000) Euro shall be punished for violations the legal entity, if:

 

1.1. operates with plants without Ministry authorization (according to paragraph 1, Article 3 of this law);

 

1.2. does not bring the existing plants in accordance with the provisions of this law (according to paragraph 1 Article 11 of this law);

 

1.3. does not inform the ministry for planning of changes on operations (according to paragraph 1 Article 12 of this law);

 

1.4. does not apply for permit or changing of permit conditions before the presentation of the operation changes (according to paragraph 1 Article 13 of this law).

 

2. With fine on money from five hundred (500) to one thousand (1000) Euro shall be punished for violations from paragraph (1) of this article the responsible person of legal entity.

 

 

CHAPTER V

FINAL PROVISIONS

 

Article 22

Decisions

 

1. The Ministry within eighteen months from the day of entry into force of this law shall issue the legal provisions:

 

1.1. the format or formats to be used for an application for a permit in an administrative decision;

 

1.2. the format or formats for the permits and decisions by the Ministry;

 

1.3. model permits containing conditions for specific types of operations or installations;

 

1.4. deadlines and time limits for the permitting procedure;

 

1.5. the procedure for consultation and coordination between competent authorities in deciding the conditions in the permit;

 

1.6. schedules and criteria for inspections and controls of compliance;

 

1.7. the procedures for development and approval of BAT Reference documents;

 

1.8. the form and content of the Register of permits under paragraph 6Article 17 of this law.

 

1.9. any other decisions necessary to ensure full implementation of this law.

 

2. During the compliance of sub legal acts from paragraph 1 of this Article, the Ministry shall inform the governmental institutions and interested public and their comments should be taken into consideration.

 

 

Article 23

Annexes

 

Annexes 1, 2 and 3 attached to this law are its component part.

 

 

Article 24

Entry into effect

 

This law enters into force fifteen (15) days after being published in the Official Gazette of the Republic of Kosovo.

 

                                                                       

Law No. 03/L-043

26 March 2009                                                   

 

 

Promulgated by the Decree No. DL-010-2009,  dated 23.04.2009, of the President of Republic of Kosovo, Dr. Fatmir  Sejdiu.

 

 

 

 

 


 

 

 

 

 

Law No. 03/L-043

 

 

ON INTEGRATED PREVENTION POLLUTION CONTROL

 

 

ANNEX I

 

Categories of industrial activity

 

Installations or parts of installations used for research, development and testing of new products and processes are not covered by this Law.

 

Where threshold values are given below, these refer to the design capacities of the installation.

 

Where one operator carries out more than one activity falling within the same sub-section in the same installation or at the same site, the capacities of such activities shall be added together.

 

 

Energy industries

 

1. Combustion installations with a rated thermal input exceeding 50MW

 

2. Mineral oil refineries

 

3. Coke ovens

 

4. Coal gasification and liquefaction plants

 

 

Production and processing of metals

 

1. Metal ore (including sulphide ore) roasting or sintering installations

2. Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour

 

3. Installations for the processing of ferrous metals:

 

3.1. hot-rolling mills with a capacity exceeding twenty (20) tonnes of crude steel per hour

 

3.2. smitheries with hammers the energy of which exceeds 50 kilo joule per hammer, where the calorific power used exceeds 20 MW

 

3.3. application of protective fused metal coats with an input exceeding two (2) tonnes of crude steel per hour.

 

4. Ferrous metal foundries with a production capacity exceeding twenty (20) tonnes per day

 

5. Installations:

 

5.1. for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;

 

5.2. for the smelting, including the alloyage, of non-ferrous metals, including recovered products, (refining, foundry casting, etc.) with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.

 

6. Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3.           

 

 

Mineral industry

 

1. Installations for the production of cement clinker in rotary kilns with a production capacity exceeding five hundred (500) tonnes per day or lime in rotary kilns with a production capacity exceeding fifty     (50) tonnes per day or in other furnaces with a production capacity exceeding fifty (50) tonnes per day.

 

2. Installations for the production of asbestos and the manufacture of asbestos-based products

 

3. Installations for the manufacture of glass including glass fibre with a melting capacity exceeding twenty (20) tonnes per day

 

4. Installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding twenty (20)  tonnes per day

 

5. Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding seventy five (75) tonnes per day, and/or with a kiln capacity exceeding 4 m3 and with a setting density per kiln exceeding three hundred (300) kg/m3.

 

 

Chemical industry

 

Production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical processing of substances or groups of substances listed in Sub-sections 4.1 to 4.6

 

1. Chemical installations for the production of basic organic chemicals, such as:

 

1.1. simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

 

1.2. oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins;

 

1.3. sulphurous hydrocarbons ;

 

1.4. nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates;

 

1.5. phosphorus-containing hydrocarbons;

 

1.6. halogenic hydrocarbons;

 

1.7. organometallic compounds;

 

1.8. basic plastic materials (polymers, synthetic fibres and cellulose-based fibres);

 

1.9. synthetic rubbers;

 

1.10. dyes and pigments;

 

1.11. surface-active agents and surfactants.

 

2. Chemical installations for the production of basic inorganic chemicals, such as:

 

2.1. gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride;

 

2.2. acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;

 

2.3. bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;

 

2.4. salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate;

 

2.5. non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.

 

3. Chemical installations for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers).

 

4. Chemical installations for the production of basic plant health products and of biocides.

 

5. Installations using a chemical or biological process for the production of basic pharmaceutical products.

 

6. Chemical installations for the production of explosives

 

 

Waste management

 

1.Installations for the disposal or recovery of hazardous waste as defined in Article 4 and Annex 3 of the Waste Law for operations R1, R5, R6, R8 and R9 as defined in  that Annex, with a capacity exceeding ten (10) tonnes per day.

 

2. Installations for the incineration of municipal waste, in accordance with the Waste Law, in an incineration plant with a capacity exceeding three (3) tonnes per hour.

 

3. Installations for the disposal of non-hazardous waste, in accordance with the Waste Law, operations D8 and D9 as defined in Annex 3 of the Waste Law, with a capacity exceeding fifty (50) tonnes per day.

 

4. Landfills receiving more than 10 tonnes per day or with a total capacity exceeding twenty five thousand (25,000) tonnes, but excluding landfills of inert waste.

 

 

Mining activities

 

1. Underground extraction of mineral resources with an extraction capacity exceeding one hundred thousand (100,000) tonnes per year.

 

2. Open-cast extraction of mineral resources on a site exceeding twenty five (25) hectares

 

 

Other activities

 

1. Industrial plants for production:

 

1.1. industrial plants for the production  pulp from timber or other fibrous materials

 

1.2. industrial plants for the production of paper and board with a production capacity exceeding twenty (20) tonnes per day

 

2. Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibers or textiles where the treatment capacity exceeds ten (10) tonnes per day

 

3. Plants for the tanning of hides and skins where the treatment capacity exceeds twelve (12) tonnes of finished products per day.

 

4. Slaughterhouses with a carcase production capacity greater than fifty (50) tonnes per day

 

5. Treatment and processing intended for the production of food products from:

 

5.1. animal raw materials (other than milk) with a finished product production capacity greater than seventy five (75) tonnes per day;

 

5.2. vegetable raw materials with a finished product production capacity greater than three hundred (300) tonnes per day (average value on a quarterly basis).

 

6. Treatment and processing of milk, the quantity of milk received being   greater than two hundred (200) tonnes per day (average value on an annual basis).

 

7. Installations for the disposal or recycling of animal carcasses and animal waste with a treatment capacity exceeding ten (10) tonnes per day.

 

8. Installations for the intensive rearing of poultry or pigs with more than:   

 

8.1. forty thousand (40 000) places for poultry;

 

8.2. two thousand (2 000) places for production pigs (over 30 kg);

 

8.3. seven hundred fifty (750) places for sows.

 

9. Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than one hundred fifty (150) kg per hour or more than two hundred (200)  tonnes per year.

 

10. Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization.  

                       

 

ANNEX II

 

Indicative list of the main polluting substances which must be taken into account if they are relevant for fixing emission limit values.

 

 

Air

 

1. sulphur dioxide and other sulphur compounds.

 

2. oxides of nitrogen and other nitrogen compounds.

 

3. carbon monoxide.

 

4. volatile organic compounds.

 

5. metals and their compounds.

 

6. dust.

 

7. asbestos (suspended particulates, fibres).

 

8. chlorine and its compounds.

 

9. fluorine and its compounds.

 

10. arsenic and its compounds.

 

11. cyanides.

 

12. substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.

 

13. polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

 

 

Water

 

1. organo-halogen compounds and substances which may form such compounds in the aquatic environment.

 

2. organophosphorus compounds.

 

3. organotin compounds.

 

4. substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.

 

5. persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

 

6. cyanides.

 

7. metals and their compounds.

 

8. arsenic and its compounds.

 

9. biocides and plant health products.

 

10. materials in suspension.

 

11. substances which contribute to eutrophication (in particular, nitrates and phosphates).

 

12. substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).

 

 

 

ANNEX III

 

Public Register of Information

 

A register maintained by the Minister and all local authorities shall contain:

 

1. all particulars of any application made to the competent authority for a permit

 

2. all particulars of any notice for further information and any such further information 

 

3. all particulars of any  permit granted by competent authority.

 

4. all particulars of any proposed change in operation notified to the competent authority.

 

5. all particulars of any application made to the competent authority for a transfer of an permit, including any notice for further information and any such further information and any decision of the competent authority to grant or refuse that application. 

 

6. all particulars of any revocation of a permit.

 

7. all particulars of any enforcement notice served by the competent authority

 

8. all particulars of any suspension notice served by the competent authority

9. all particulars of any notice by the competent authority withdrawing an enforcement notice or a suspension notice

 

10. all particulars of any notice and all documents relating to the appeal

 

11. all particulars of any decision of the Ministry or relevant authority on such an appeal

 

12. details of any violation and the penalty incurred

 

13. all particulars of any monitoring information relating to the operation of an installation which has been obtained by the competent authority or the Inspectors as a result of its own monitoring or provided to the competent authority by the operator as a condition of the integrated permit.

 

14. all particulars relating to a Compliance Schedule Plan.

 

15. all particulars of any fee or fines paid to the competent authority.

 

Where any information is withheld from this Register, a statement from the competent authority to this effect shall be placed on the Register.

 

Where any monitoring information is withheld from this Register a statement from the competent authority shall be placed on the Register, based on the monitoring information received, indicating whether or not there has been compliance with any relevant condition of the integrated permit.


 

 

 

 

ANNEX IV

 

Compliance Schedule Plan

 

Where the operator of an existing installation listed in Annex A is required to provide the Minister with a Compliance Schedule Plan, such a Plan shall provide the following information as necessary.

 

Table 1. Activities for compliance with the IPPC permit conditions

 

 

 

 

Activities

Investments (EUR)

Start of activity (date)

End of activity

Activity results

Method of control

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Activities:          Description of the activity/activities which shall be conducted in order to achieve compliance for the installations with the environmental legislation.

 

Investments:      Investments for the activity.

 

Start:    Date (month/year) for which the start of the activity has been planned.

 

End:     Date (month/year) for which the termination of the activity or the launching into operation has been planned.

 

Result from the activity:  The specific result shall be described (example: emission reduction).

 

Method of control:          Description of the way in which the performed activity can be controlled.

 

 

Table 2.   Deadlines for implementing the activities in table 1 and annual investments.

 

Activities

Costs by years, EUR

Year*

Year*

Year*

Year*

Year*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* Cost-benefit analysis by the operator proving the annual expenditure necessary for implementing each of the activities of Table 2

 

                                                                  

Law No. 03/L-043

26 March 2009

 

 

Promulgated by the Decree No. DL-010-2009,  dated 23.04.2009, of the President of Republic of Kosovo, Dr. Fatmir  Sejdiu.

                                                 

 

Last Updated ( e premte , 08 maj 2009 )
 
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