Law On Pollution Text consolidated by the Ministry of Environmental Protection and Regional Development with amending law of 20 June 2002. If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause. The Saeima has adopted and the President has proclaimed the following Law: Chapter 1 General Provisions Section 1 Terms The following terms are used in this Law: 1) substantial change - a change in operation which, in the opinion of the permitting authority, may have significant adverse effects on human beings or the environment; 2) change in operation - a change in the nature or functioning of the installation, or its extension, which may have consequences for the environment; 3) emission - the direct or indirect release of substances, vibrations, heat, non-ionising radiation, noise or other discharge from a stationary or diffuse source during a polluting activity that affect or may affect the environment; 4) contaminated military area - a contaminated area, which contains either explosive objects and materials, or toxic or otherwise hazardous substances, which are used or were intended for military purposes; 5) operator - any natural or legal person who operates a polluting activity or is responsible for the technical functioning of this activity or has decisive economic power over the polluting activity concerned; 6) polluting activity - the use of soil and subsoil, water, air, buildings or installations and other stationary objects, which may cause any environmental pollution or risk for accidents, as well as an activity within a contaminated area that may lead to further dissemination of pollution; 7) pollution - the direct or indirect impact of the emission on the environment, which may be harmful to human health, result in damage to material property, create or may create damage on the environment, including ecosystems, impair or interfere with exploitation of natural resources or other legitimate uses of the environment; 2 8) contaminated area – soil, subsoil, water, sediments, as well as buildings, production units or other objects, which contain pollutants; 9) potentially contaminated area – soil, subsoil, water, sediments, as well as buildings, production units, or other objects that, according to unverified information, may contain pollutants; 10) remediation – clean-up and rehabilitation of a contaminated area to the level where, as the minimum, human health or the environment is no longer endangered and where the area can be used for the certain economic activity; 11) technology – set of technical methods and modes used to achieve some specific purpose or result, including application of patents, trademarks, licences, technical developments, as well as use of special machinery and equipment; 12) substance - any chemical element or its compounds. Section 2 Purpose The purpose of this Law is to prevent or reduce damage on human health, property and the environment caused by pollution, to counteract consequences of such damage and: 1) to prevent pollution or, where that is not possible, to reduce emissions to air, water and soil arising from polluting activities; 2) to prevent or, where that is not possible, to reduce the use of non-renewable natural resources and energy for polluting activities; 3) to prevent or, where that is not possible, to minimise generation of waste; 4) to provide for inventory and registration of contaminated and potentially contaminated areas lying within the national territory; 5) to determine the measures for investigation of contaminated and potentially contaminated areas and for remediation of contaminated areas; 6) to identify the persons, who shall cover the costs of investigation of contaminated and potentially contaminated areas and the costs of remediation of contaminated areas. Section 3 Scope of Law (1) This Law determines pollution prevention and control requirements on the operator and a procedure for pollution prevention and control, including, inter alia: 1) requirements for start-up, operation and cessation of polluting activities; 2) requirements to be followed during permitting of polluting activities and water use, and a notification procedure for those polluting activities, which are not subject to authorisation; 3) a procedure for laying down environmental quality standards; 4) a procedure for laying down emission limit values for certain substances, conditions on 3 polluting activities and other restrictions on the operation of polluting activities; 5) a procedure for inventory, registration, investigation, and remediation of contaminated areas; 6) conditions on supervision, control and monitoring of polluting activities and a public information procedure. (2) This Law applies also to the mobile sources of pollution, identified by the Cabinet of Ministers. (3) Activities involving radioactive substances, nuclear waste, sources of ionising radiation, and genetically modified organisms are regulated by other legislation. Chapter 2 Requirements and conditions for operation of a polluting activity Section 4 Requirements for operation of a polluting activity During a polluting activity, the operator shall respect its specific character and shall comply with the following requirements: 1) to take the measures to prevent pollution or reduce emissions; 2) to ensure compliance with environmental quality standards; 3) to monitor the polluting activity; 4) to provide environmental authorities and other public institutions, local governments and general public with the information required by this Law and other legislation; 5) to comply with the requirements related to location of a polluting activity; 6) to gather the information about the impact on human health and the environment, which may be caused by the polluting activity, and to provide the necessary information to the employees, who carry out this activity; 7) to comply with the conditions of Section 11. Section 5 Preventive measures The operator and responsible public and local institutions shall take appropriate preventive measures to prevent or, where that is not possible, to reduce environmental pollution or the risk for pollution and the risk for accidents. Preventive measures shall include: 1) use of available technical means and organisational measures in all parts and processes of the polluting activity; 2) where appropriate, limitation or suspension of the production or other activities for a certain period of time due to weather conditions or otherwise; 3) limiting or avoiding the use of non-renewable natural resources and energy and limiting or 4 avoiding generation of waste within the whole cycle of substances and materials through reuse and recycling of substances and materials or other measures; 4) avoiding handling of chemical substances, chemical preparations and organisms, if there are substitutes available that are less hazardous to human life, health or the environment; 5) assessment of the risk for accidents and taking the necessary measures to counteract accidents or to reduce the consequences in the case of the accident; 6) where appropriate, cessation of a polluting activity and immediate remediation of the contaminated area; 7) the measures necessary to preclude dissemination of pollution; investigation and remediation of the contaminated area as well as monitoring of the polluting activity; 8) the requirement to apply best available techniques if the operator carries out any polluting activity referred to in Annex to this Law. Section 6 Knowledge and duty to provide information (1) Before start-up of a polluting activity or substantial change in it, the operator shall collect information about its possible impact on human health and the environment. (2) The operator shall provide the employees, who carry out a polluting activity, with necessary knowledge about the operation of this activity and its possible impact on human health and the environment, about preventive measures designed to restrict this impact and the action to be taken in the case of accident. (3) The operator has the duty to inform environmental authorities, which, in accordance with this Law, are responsible for permitting and control, and general public and relevant local government about the results of the monitoring required by the permit and about the impact on human health and the environment caused by the polluting activity. (4) The operator shall inform the relevant Regional Environmental Board if the permit conditions are violated or further compliance with the permit conditions is jeopardised. Section 7 Monitoring of a polluting activity The operator shall monitor a polluting activity and in particular such processes, which directly lead to environmental pollution or risk for pollution. To identify trends of environmental changes, the operator shall ensure environmental monitoring in the area, which may be affected by the polluting activity. [20 June 2002] 5 Section 8 Location of a polluting activity (1) Prior to start-up of a polluting activity, which, in accordance with this Law, is subject to authorisation, the operator shall evaluate alternative sites available for operation of this activity. This requirement applies to the polluting activity as a whole, to specific processes and to emission points. A polluting activity, or a part of it, shall be located at a site where it will cause the least adverse impact on human health and the environment. (2) Paragraph one shall not apply to the polluting activities, which location, [applicable] techniques and technologies and impact on the environment have been evaluated in accordance with the Law on Environmental Impact Assessment. Section 9 Cost efficiency The operator shall implement the measures and requirements prescribed in Section 5, 6, 7 and 8 taking into consideration that their total implementation costs should not be excessive in relation to the expected positive environmental effects and that compliance with environmental quality standards shall be ensured. Section 10 Emission limit values and emission standards (1) Emission limit value means the maximum amount of the emitted substance or other factors expressed in terms of certain specific parameters (concentration or a level of emission), which may not be exceeded during one or more periods of time or under normal operating conditions. Emission limit values shall be laid down for certain substances or groups of substances. (2) The emission limit values shall normally apply at the point where the emission leaves the installation, moreover, any dilution being disregarded when determining them. (3) For emission limit values for discharges into water arising from the installation concerned, the effect of a water treatment plant shall be taken into account, provided this does not lead to the higher levels of environmental pollution. (4) Emission standard means the amount of the emitted substance fixed in the permit or other factors expressed in terms of certain specific parameters (concentration or level of emission), which may not be exceeded during one or more periods of time, or the amount or concentration of the emitted substance, which may not be exceeded under normal operating conditions and which shall not exceed relevant emission limit value. Section 11 Requirements for operation of a polluting activity (1) During a polluting activity, the operator of shall comply with: 1) the prohibition to emit certain pollutants into the environment; 2) emission limit values and emission standards for certain types of pollutants; 6 3) a procedure for reduction, prevention or control of emissions arising from certain economic activities or related to specific installations or substances; 4) a conformity assessment procedure for installations or groups of installations, which emit specific pollutants. (2) To ensure compliance with the conditions of Paragraph one, the Cabinet of Ministers shall determine: 1) a procedure for prevention, limitation and control of emissions of air pollutants from stationary sources; 2) emission limit values for waste water and prohibitions to emit pollutants into water; 3) regulations on the water and soil protection against pollution caused by nitrates from agricultural sources; 4) regulations on noise emissions from outdoor installations; 5) regulations on air emissions caused by non-road mobile machinery; 6) regulations on environmental pollution caused by production of asbestos and its products; 7) regulations on the requirements to be imposed on waste incineration and operation of waste incinerators. (3) The Cabinet of Ministers shall determine maximum total acceptable [level of] air emissions in Latvia within a certain period of time and for certain types of pollutants. [20 June 2002] Chapter 3 Environmental quality standards and implementation programmes for environmental quality standards Section 12 Environmental quality and environmental quality standards (1) Environmental quality shall be determined through comparison with the desired quality of air, surface water, groundwater, soil and subsoil or other environmental components; to ensure achievement of such quality, environmental quality standards shall be determined, expressed in terms of measurable parameters. (2) To prevent damage to human health or the environment and to ensure conservation of biological diversity in a long time perspective, taking into account also a safety margin, the Cabinet of Ministers shall lay down standards of air, surface water, groundwater and soil quality, which shall specify: 1) the date when the standards shall be complied with and the area where they shall apply; 2) the highest and lowest acceptable levels for existence of substances, noise, organisms or other 7 nuisances in the environment or the values pointing at their existence; 3) definite parameters, monitoring procedure and methods that indicates whether the relevant standards are breached; 4) the measures to be taken where the standards have been breached. (3) The environmental quality standards, laid down by legislation, may be achieved gradually through several definite transitional periods. Section 13 Limit values and guide values (1) Environmental quality standards are subdivided into limit values and guide values. (2) The limit values shall be legally binding to any operator who is carrying out or planning a polluting activity if emissions arising from this activity may affect the area concerned. (3) Environmental authorities shall take into account the guide values when they are deciding about the issuing of the permit and about conditions for application of best available techniques, as well as when they are controlling polluting activities. (4) When carrying out a polluting activity, the operator shall limit emissions so that they do not exceed guide values or, in case if they are exceeded, the operator shall gradually reduce the emissions until the relevant guide values are complied with. [20 June 2002] Section 14 Restrictions on start-up of a polluting activity No polluting activity may be started if the limit values for certain pollutants are exceeded or are likely to be exceeded within a certain area, and where emissions arising from this activity may increase the total level of these pollutants within the area concerned. In such cases, no permit shall be issued for operation of a polluting activity. [20 June 2002] Section 15 Restrictions on a polluting activity If the limit values for certain pollutants are exceeded or are likely to be exceeded within the area where a fully authorised polluting activity is operated: 1) the operator shall, in accordance with Chapter 2, take the necessary measures for gradual reduction of emissions, which might affect human health or the environment within the area concerned; 2) a permit for substantial change in operation shall not be issued if such change may lead to emissions, which increase the total level of the pollutants concerned within this area; 3) during reconsideration of the already issued permits their conditions shall be altered or updated in accordance with Chapter 2. 8 Section 16 Co-operation of operators (1) In the cases referred to in Section 14 and 15, the operator may enter into an agreement with another operator, who is authorised to emit pollution concerned, for the purpose of reducing total emissions of relevant pollution; the operator shall inform Regional Environmental Board about the agreement. (2) If the agreement leads to less total emissions of the pollution that is caused by all the polluting activities covered by the agreement and if all the other requirements on the reduction of pollution determined by this Law or other legislation have been complied with, Regional Environmental Board shall accept this agreement. (3) The operators of the polluting activities covered by the agreement shall apply for permits and Regional Environmental Board shall issue the permits corresponding to the emission reduction envisaged by the agreement. Section 17 Implementation programmes for environmental quality standards and pollution reduction programmes (1) Where the limit values for certain pollutants are exceeded or are likely to be exceeded, or in other cases stipulated by the legislation, the Ministry of Environmental Protection and Regional Development or other institutions, which have this duty according to the legislation, shall develop implementation programmes for environmental quality standards or action programmes aiming at pollution reduction within a certain area or within the whole national territory. The programmes shall specify: 1) the purpose of pollution reduction; 2) emission limit values for certain substances and a prohibition to emit certain pollutants; 3) specific measures to reduce emissions arising from different sectors of the national economy, in particular, transport, energy industries, agriculture and forestry; 4) the measures that motivate the operators to conduct and implement the agreements referred to in Section 16; 5) financial sources for implementation of the programmes. (2) The Cabinet of Ministers or, in cases determined in legislation, relevant local governments shall approve the implementation programmes for environmental quality standards or action programmes for pollution reduction. [20 June 2002]2 Section 18 Vulnerable zones and sensitive areas 9 (1) Vulnerable zones and sensitive areas means territories where pollution may have especially harmful effects on human health or the environment, inter alia, biological diversity, or territories, which are very sensitive to pollution. (2) The Cabinet of Ministers shall determine the criteria for designation of sensitive areas and vulnerable zones and their management procedure, fix the boundaries of these areas and zones or shall designate the whole national territory or administrative territory of certain local governments as a sensitive area or vulnerable zone, specifying: 1) which sensitive areas are subject to special requirements on urban waste water treatment; 2) which vulnerable zones are subject to special requirements on water and soil protection against pollution caused by nitrates from agricultural sources. (3) The Cabinet of Ministers shall: 1) adopt the regulations on the action programme designed to reduce or prevent water pollution caused by nitrates within relevant vulnerable zones, and determine the deadlines for implementation of this programme; 2) establish a Board to co-ordinate management of vulnerable zones, referred to in Paragraph two, Clause 2, involving the representatives from the Ministry of Environmental Protection and Regional Development, Ministry of Agriculture and Ministry of Welfare, or from the institutions under their subordination, supervision or authority and a representative nominated by agricultural non-governmental organisations, as well as approve the statutes of this Board. Chapter 4 Classification of polluting activities and conditions on their operation Section 19 Classification of polluting activities and a permit for operation of a polluting activity (1) Polluting activities shall be subdivided into categories A, B, and C considering pollution level and impact on or risk for human health and the environment caused by these activities. (2) The requirements of Chapter II shall apply also to the activities, which are not covered by category A, B, or C, but still may create pollution. (3) In order to start or continue a category A or B polluting activity, the operator shall obtain a permit – a written decision issued by Regional Environmental Board that applies to a production unit, to whole or a part of an installation (hereinafter – installation) or several installations, which are located on the same site and operated by the same operator. The permit authorises operation of a polluting activity provided the installation complies with the requirements of this written decision and legislation. 10 Section 20 Category A polluting activities (1) Category A polluting activities are those carried out by installations listed in Annex to this Law. The operator of category A activities shall apply best available techniques. (2) Stationary technological units, where one or several polluting activities referred to in Annex to this Law are operated, shall obtain a category A permit. The category A permitting conditions shall apply to these installations, taking into account pollution level or risk for human health and the environment caused by the installation, in conformity with the parameters defined, taking into account also polluting activities of technically associated installations that may have an impact on the emissions and environmental pollution. (3) The thresholds given in Annex to this Law shall refer either to production capacities or outputs. The operator, who carries out several polluting activities referred to in Annex to this Law, shall add together the capacities of these activities if they are falling under the same branch of industry, referred to in Annex, and if they are carried out in the same installation or on the same site. (4) Category A permits shall not be required for installations used for research, development and testing of new products or production processes. (5) The Cabinet of Ministers shall issue the regulations on application for a category A permit, issuing of the relevant permit, use of best available techniques, and: 1) determine a time plan for permitting of the installations that needs a category A permit; 2) fix the maximum transitional period, which may be granted to achieve compliance with the permit conditions related to application of best available techniques; 3) approve a permit form and application form, specifying the measures for protection of human health, air, water and soil, and for waste management. If a polluting activity involves also water extraction, the permit shall also include water use limits; 4) determine a procedure for application and permitting; 5) determine a procedure for making an application available to the public and enabling public comments and the procedure for making permit conditions, results of monitoring and control available to the public; 6) determine a procedure for forwarding the information to the other states and a monitoring procedure for cases where trans-boundary pollution may occur. Section 21 Best available techniques and their selection (1) Best available techniques means the techniques which represent the most effective and most advanced stage in the development of a certain activity and its method of operation, which can be applied in practice to prevent or, where this is not practicable, to reduce emissions so to 11 comply with limit values and emission standards as well as to reduce the impact on the environment as a whole. (2) “Techniques” include both the technology used and the way, in which the installation is designed, built, maintained, operated and decommissioned. (3) “Available” are those techniques developed on a scale which allows their implementation in the certain industrial sector, under economically and technically viable conditions, taking into consideration their costs, whether or not these techniques have been used inside Latvia before. (4) The techniques shall be considered as “the best” ones if they include technologies and methods, which most effectively provide for the highest possible level of protection of the environment as a whole. (5) When choosing the best available techniques, the operator shall bear in mind the likely costs of their introduction and application and the environmental principles, determined by Law on Environmental Protection, and specific nature of particular polluting activity, as well as: 1) use low - waste technology; 2) use technology that ensure compliance with the requirements of Section 5; 3) use substances that are less hazardous to human life, health and the environment; 4) promote recycling of substances generated and used in the production process and promote recovery of waste; 5) use processes, facilities and methods of operation which have been tried with success on an industrial scale; 6) take into account technological advances and changes in related scientific knowledge and understanding; 7) consider the nature, effects and volume of the emissions concerned; 8) consider envisaged suspension or commissioning dates for the installation; 9) consider the time needed to introduce best available techniques; 10) consider consumption of raw materials, including water, used in the process and energy efficiency of the technique used; 11) prevent or reduce to a minimum risks for emissions and their impact on human health and the environment; 12) prevent accidents, but in the case of accident minimise its consequences for the environment; 13) use the information about best available techniques published by the European Commission or by international organisations. 12 Section 22 Category B polluting activities (1) Category B polluting activities means polluting activities, which start-up, continuation or substantial change in operation need a category B permit. (2) The Cabinet of Ministers shall identify category B activities, taking into account pollution level, impact on or risk for human health or the environment caused by these activities, the Cabinet shall approve also an application form and permit form and determine the application and permitting procedure. If a polluting activity involves also water extraction, the category B permit shall also include water use limits. (3) The Cabinet of Ministers shall determine the procedure for making available to the public permit conditions for a category B polluting activity and results of the [relevant] monitoring and control. Section 23 Category C polluting activities (1) Category C polluting activities means those activities, which do not need a permit, but which shall be notified to environmental authorities before the operation is started or substantial change in operation is made. (2) The Cabinet of Ministers shall identify category C activities taking into account pollution level, impact on or risk for human health or the environment caused by these activities, as well as shall determine the content of the notification and the notification procedure. Section 24 Notification of category C polluting activities (1) The operator of a category C polluting activity shall submit an application to Regional Environmental Board at the latest 30 days before the activity starts. (2) The operator shall submit an application to Regional Environmental Board at the latest 30 days before a substantial change in operation of a category C polluting activity is made. (3) [20 June 2002]. [20 June 2002] Chapter 5 Issuing and reconsideration of category A and B permits Section 25 Pre-conditions for a permit that authorise start-up of or substantial change in a polluting activity A permit to start a polluting activity or to make substantial change in its operation shall be issued provided: 1) the operator has submitted an application in conformity with the requirements of this Law and other legislation; 13 2) the operator has assessed an environmental impact arising from this polluting activity and has obtained the opinion about the Final Environmental Impact Statement in cases where, in accordance with legislation, Environmental Impact Assessment is required for this polluting activity; 3) industrial accidents prevention programme or safety report and emergency plans have been developed and confirmed where these documents are required for this activity in accordance with legislation. Section 26 Consultations with other public authorities and local governments Prior to issuing of the permit, Regional Environmental Board shall send the information, which is necessary to provide comments on the application and permit conditions, to the relevant local government and branch office of the State Agency “Public Health Agency”, and shall examine their comments. [20 June 2002] Section 27 Public participation (1) An application for a category A permit and, in cases determined by the Cabinet of Ministers, also application for a category B permit shall be made available to the public to enable the public to comment thereon. (2) The conditions of the issued category A and B permits and the results of monitoring and control shall also be made available to the public. (3) If an application or a permit includes a commercial secret or the information, which, in accordance with legislation, should be regarded as limited access information, Regional Environmental Board, acting upon the operator’s application, may decide that several parts of the application or permit are of limited public access. This provision shall not apply to the information on pollution emissions and on risk for accidents. Section 28 Application for a permit and permitting (1) The operator shall prepare an application for a permit inviting experts, where necessary. (2) The application shall contain the information on: 1) the installation and its activities; 2) the raw and auxiliary materials, other substances and the energy used in or generated by the installation; 3) the sources of emissions arising from the installation; 4) the environmental conditions on the site of operation; 5) the nature and quantities of foreseeable emissions from the installation into water, air or soil as well as identification of significant effects of emissions on the environment; 14 6) the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation; 7) best available techniques, which the operator of a category A polluting activity applies or plans to apply to prevent or limit pollution; 8) measures for prevention or reduction and recycling of waste generated by the installation; 9) other measures to comply with the requirements of Chapter II and III; 10) the proposed monitoring procedure for the polluting activity. (3) The application shall include information about possible alternatives of the polluting activity and shall provide grounds for choice of the particular activity. If the above-mentioned alternatives have already been evaluated during the Environmental Impact Assessment procedure, the operator shall attach to the application the Final Environmental Impact Statement and opinion about it. (4) Where the permit is issued for a polluting activity, which, in accordance with legislation, shall be subject to Environmental Impact Assessment, Regional Environmental Board shall evaluate and take into account Environmental Impact Statement and shall abide by requirements concerning the Final Environmental Impact Statement expressed in the opinion of the Environmental Impact Assessment State Bureau. (5) Permits shall be issued by that Regional Environmental Board, which is responsible for the area where the installation is located. Where appropriate, the Regional Environmental Board invites experts except the ones who have participated in the preparation of the application. [20 June 2002] Section 29 Permit to start-up new and to continue existing polluting activity (1) An existing category A and B polluting activity means a polluting activity, which has to obtain a category A or B permit, which is fully authorised to emit pollution, and which is either in operation or will be put into operation no later than 1 year after the date determined by the Cabinet of Ministers. (2) The Cabinet of Ministers shall determine the date after which no new category A or B polluting activity may be put into operation without a relevant permit. (3) The Cabinet of Ministers shall determine the date by which the operator shall apply for a permit for an existing category A or B polluting activity. (4) The permit for substantial change in operation of a category A or B activity shall be obtained following the same procedure as determined for permitting of a category A or B polluting activity. 15 (5) No category A or B polluting activity may be continued without a relevant category A or category B permit after the date determined by the Cabinet of Ministers. Section 30 Notification on change in operation (1) Prior to introducing any change in operation, the operator shall notify Regional Environmental Board within the time period determined by the Cabinet of Ministers. The Regional Environmental Board shall assess whether this change shall be deemed as substantial and whether amendments to the permit conditions are necessary and shall inform the operator thereof. Any change in operation, which leads to exceeded thresholds set out in Annex to this Law shall be deemed to be substantial. (2) Where the operator has introduced such change in operation, which have resulted in the alteration of the category of polluting activity, Regional Environmental Board shall consider whether another category permit shall be issued or decide that the polluting activity may be operated without a permit from this time on. Section 31 Permit conditions (1) A permit shall contain conditions, which ensure protection of human health and relevant quality of the environment, including protection of air, surface water, ground water, soil and subsoil. Permit conditions shall include, inter alia: 1) emission standards for pollutants likely to be emitted from the installation, having regard to their nature and their potential to transfer pollution from one media (water, air, soil) to another, and also other types of emission standards; 2) requirements to be followed by the operator to ensure protection of human health and the environment, and conditions on waste management, use of natural resources and energy, and use of chemicals and chemical products; 3) measures related to abnormal operating conditions, inter alia, start up, possible leaks, malfunctions, momentary stoppages and definite cessation of operations; 31) environmental objectives for a particular area or the measures to be taken according to the River Basin Management Plan and deadlines for their implementation; 4) other measures to ensure compliance with the requirements of Chapter II. (2) Category A permit conditions shall be based on the application of best available techniques, without prescribing the use of any technique or specific technology, but taking into account technical characteristics of the installation concerned, its geographical location and local environmental conditions. 16 (3) Where environmental quality standards require stricter conditions than those achievable solely by the requirement to use best available technology, additional measures shall be included in the category A permit in order to comply with environmental quality standards. (4) Category B permit conditions shall be based on the technical characteristics of the activity concerned, its geographical location and local environmental conditions. In the cases specified by the legislation, technical characteristics of the installation concerned shall be included in the category B permit. (5) The permit shall include conditions designed to reduce long distance and trans-boundary pollution. (6) Where a polluting activity is located or where its operation is planned in a contaminated or potentially contaminated area, Regional Environmental Board shall include in the permit conditions a requirement for the operator to carry out an investigation of the contaminated or potentially contaminated area or a remediation of the contaminated area. The decision to include conditions on investigation or remediation in the permit conditions shall be made in accordance with Chapter VII. [20 June 2002] Section 32 Reconsideration and updating of permits (1) The permits shall be granted for 5 years. Where the likely effects on human health or the environment caused by the polluting activity are not clear, the permit shall be granted for a shorter period. (2) Regional Environmental Boards shall reconsider permit conditions in accordance with the procedure determined by the Cabinet of Ministers and, where necessary, update or supplement them. (3) The issuing of a permit or permit conditions shall be reconsidered if: 1) new information on adverse effects of pollution on human health or the environment is obtained, limit values of environmental quality standards have been breached, or legislation laying down environmental quality standards have been amended; 2) new best available techniques make it possible to reduce emissions significantly at the operation of a category A polluting activity; 3) in accordance with the opinion of public institutions, the operational safety of the process requires other techniques to be used; 4) reconsideration is required by other legislation. 17 (4) The operator shall submit an application for a new permit to the relevant Regional Environmental Board, at the latest 3 months prior to the expiry date of the current permit or within a month since the circumstances referred to in Paragraph three have been discovered. Chapter 6 Inventory and registration of contaminated and potentially contaminated areas Section 33 Inventory and preliminary assessment of contaminated and potentially contaminated areas (1) The local government shall conduct the inventory and preliminary assessment of the contaminated and potentially contaminated areas within its administrative territory, co-operating with the relevant Regional Environmental Board. (2) The Ministry of Defence shall identify contaminated areas in its possession, conduct their preliminary assessment and notify relevant local governments and Regional Environmental Board. (3) The Cabinet of Ministers shall determine the methodology of and procedure for inventories, inter alia, a finance procedure, and conditions on collection and use of the inventory results. (4) General public shall have free access to the results of the inventory and preliminary assessment of contaminated and potentially contaminated areas. Section 34 Registration and restrictions on the exploitation of contaminated and potentially contaminated areas (1) Regional Environmental Board shall register contaminated and potentially contaminated areas in accordance with the procedure determined by the Cabinet of Ministers. Regional Environmental Board shall register contaminated military areas after the opinion of the Ministry of Defence has been received. (2) When a contaminated area is registered and the opinion of Regional Environmental Board is received, the local government shall determine restrictions on the development planning and on staying at this area as well as on other uses of the area, where appropriate, to protect human health or the environment. Branch office of the State Agency “Public Health Agency” shall determine restrictions necessary to protect human health. (3) Restrictions shall be based on the hazard of the pollutants concerned, their possible impact on people living in the vicinity, environmental quality of these areas and the future need to conduct remediation measures. (4) The Ministry of Defence shall recommend appropriate restrictions on the contaminated military areas, which are not in its possession, and shall determine restrictions on the areas in its possession. 18 (5) The institution, which has determined the restrictions, shall revoke them provided they are no longer necessary for protection of human health or the environment. (6) The institution, which has determined the restrictions referred to in this Section, shall notify about them or about their revocation other institutions involved and those natural and legal persons, which are subject to these restrictions. [20 June 2002] Section 35 Information on contaminated or potentially contaminated areas (1) The person who owns or uses the land property where a contaminated area is located, an operator and any other natural or legal person, who owns information about the contaminated or potentially contaminated areas, which have not been included in the inventory and registered in accordance with the procedure determined by this Law and other legislation, shall inform the relevant Regional Environmental Board or local government thereof. (2) Where a contaminated or potentially contaminated area may endanger human health or the environment, Regional Environmental Board shall release such information to the relevant local government, other institutions and physical and legal persons, with respect to the specific circumstances in each case. (3) Where a contaminated or potentially contaminated area contains or according to unverified information may contain explosive objects or materials, or toxic or otherwise dangerous military substances, the local government or Regional Environmental Board shall inform the Ministry of Defence thereof for the purpose of receiving its opinion. (4) Landowners and land users have the duty to inform possible successors of their rights and obligations about existence of contaminated or potentially contaminated areas within the area in their possession or use and within its vicinity. (5) Latvian Environmental Agency shall collect information about contaminated and potentially contaminated areas within the national territory. Chapter 7 Investigation of contaminated and potentially contaminated areas and remediation of contaminated areas Section 36 Investigation, its purpose and preconditions (1) The purpose of the investigation is to determine whether or not environmental quality standards are breached and whether or not pollution endangers or may endanger human health or the environment. 19 (2) Regional Environmental Board shall possess the information that the area is contaminated or potentially contaminated as a precondition for start up of the investigation. Section 37 Preconditions and measures for remediation of contaminated areas (1) A contaminated area shall be subject to remediation, provided 1) limit values of environmental quality standards have been breached; 2) contamination may endanger human health or the environment. (2) Remediation shall include the measures: 1) to prevent migration of pollution or pollution of ground waters; 2) to restore or improve environmental quality of the contaminated area. Section 38 Persons who shall cover the costs of investigation and remediation measures (1) The costs of investigation and remediation measures shall be covered by: 1) the operator, who was operating a polluting activity, which resulted in creation of a contaminated or potentially contaminated area; 2) the operator, who runs or plans to run a polluting activity within a contaminated or potentially contaminated area; 3) the land owner who have had a decisive influence over the enterprise that operated a polluting activity, which has resulted in the creation of a contaminated or potentially contaminated area within his landed propriety; 4) the owner or user of the relevant land property or object, who volunteers for a full or partial coverage of these costs. (2) Where conditions of Paragraph one do not apply to the land owner, he shall cover the costs of remediation measures if these measures were taken with his consent and the value of the land has increased after their application and if the remediation costs can not be fully covered by persons identified in Paragraph one. The costs to be covered by the landowner may not exceed an increase in the land value caused by performed remediation measures. Section 39 Division of liability between several persons (1) If several persons identified under Section 38, Paragraph one, Clause 1, shall cover the costs of the investigation or remediation measures, the costs shall be divided proportionally to the environmental damage caused by each person. The costs shall be divided taking into account the volume and type of emissions and the operation period of the polluting activity. If costs can not be divided, the persons referred to in Section 38, Paragraph one, Clause 1, shall be held jointly and severally liable. (2) The relevant Regional Environmental Board shall evaluate the division of costs. 20 Section 40 Institutions responsible for investigation and remediation (1) Regional Environmental Board shall supervise and control investigation and remediation of contaminated or potentially contaminated areas, except for contaminated and potentially contaminated areas in the possession of the Ministry of Defence. (2) The Ministry of Defence or its authorised institution shall supervise and control investigation and remediation of contaminated or potentially contaminated areas in its possession. (3) Regional Environmental Board, the Ministry of Defence or its authorised institution (hereinafter – the responsible authority) shall co-operate with local governments, the State Land Service, the Ministry of Welfare and other institutions involved in the investigation and remediation. Section 41 Decision on investigation (1) If the responsible authority possesses information about the contaminated or potentially contaminated area that endangers or may endanger human health or the environment, but this information is not sufficient to evaluate the extent of the danger, it shall decide that the investigation is necessary. (2) Where it has been decided that that the investigation is necessary, the responsible authority shall, in accordance with Section 38, identify the persons that shall cover respective costs. (3) Where the persons that shall cover investigation costs cannot be identified or where sufficient funds for the investigation cannot be obtained, the responsible authority shall estimate the funds necessary for the investigation and inform the Ministry of Environmental Protection and Regional Development or the Ministry of Defence concerning the areas in its possession. (4) The Ministry of Environmental Protection and Regional Development or the Ministry of Defence shall consider whether funds from the State budget or other sources can be risen to conduct the investigation. (5) The risk of pollution dissemination shall be considered, when particular methods for investigation and remediation are prescribed; moreover, the method chosen shall be economically reasonable so that its implementation would not impose excessive costs in relation to the expected target. (6) If funds necessary to conduct the investigation have been obtained, the responsible authority shall decide on the conduction of the investigation. Section 42 Conducting the investigation (1) The responsible authority shall issue an instruction for the investigation. The investigation shall be carried out by a qualified natural or legal person on the basis of the instruction and in 21 conformity with the agreement with the financially liable persons or with the responsible authority. (2) The instruction for the investigation shall contain information regarding feasible investigation methods, parameters to be controlled, preventive measures to be taken during the investigation, time plan, monitoring and reporting procedure. (3) The responsible authority shall entrust to the person conducting the investigation development of the investigation programme, which shall specify the purpose of the investigation, the methods and preventive measures to be considered during the investigation. The programme shall be approved by the responsible authority. Section 43 Decision on remediation (1) If the responsible authority possesses information about the contaminated area that endangers or may endanger human health or the environment, it shall decide that the remediation is necessary. (2) Where it has been decided that that the remediation is necessary, the responsible authority shall, in accordance with Section 38, identify persons that shall cover respective costs and their degree of liability. (3) Where the persons that shall cover remediation costs cannot be identified or where sufficient funds for the remediation cannot be obtained, the responsible authority shall estimate funds necessary for the remediation and inform the Ministry of Environmental Protection and Regional Development or the Ministry of Defence concerning the areas in its possession. (4) The Ministry of Environmental Protection and Regional Development or Ministry of Defence shall consider whether funds from the State budget or other sources can be risen to conduct the remediation. (5) If the funds have been obtained, the responsible authority shall decide on the conduction of the remediation. Section 44 Conducting the remediation (1) The responsible authority shall issue an instruction for remediation (with respect to circumstances in each case). The remediation shall be conducted by qualified natural or legal persons on the basis of the instruction and in conformity with the agreement with financially liable persons or with the responsible authority. (2) The instruction for remediation shall contain the information on the desirable results, feasible remediation methods, time plan, monitoring and reporting procedure. (3) The responsible authority shall entrust to the person conducting the investigation development of the investigation programme, which shall specify the purpose of the 22 investigation, the methods and preventive measures to be considered during the investigation. The programme shall be approved by the responsible authority. Chapter 8 Monitoring, supervision and enforcement Section 45 Self-monitoring (1) The operator has the duty to control regularly the volume of emissions, to carry out monitoring and to release information in accordance with the procedure determined by the Cabinet of Ministers. (2) The operators of category A and B polluting activities shall make regular measurements and inform Regional Environmental Board thereon in accordance with the permit conditions and procedure prescribed by legislation. (3) Self-monitoring shall be carried out in accordance with the permit, which specifies parameters to be controlled, sampling places, frequency and methods of measurement, requirements on summarising and storing of data. (4) The operator shall immediately inform relevant institutions: 1) if human life, health or the environment has been endangered or may be endangered by the polluting activity; 2) in the case of accidents or risk for accidents. (5) Monitoring data shall be available to the permitting authority, control authorities, relevant local government and general public. (6) The operators of category A and B polluting activities shall prepare an annual report on the results of monitoring and send it to the permitting authority and relevant local government. The annual report shall be available to the control authorities and general public. Section 46 Pollutant emissions register (1) The self – monitoring data shall be collected in the pollutant emissions register. (2) The Latvian Environmental Agency shall establish the pollutant emissions register and ensure that the information is available to the general public, in accordance with the procedure determined by the Cabinet of Ministers. Section 47 Supervision (1) The Ministry of Environmental Protection and Regional Development and Environmental Impact Assessment State Bureau shall supervise compliance with the requirements of this Law within the area of their responsibility. (2) The Ministry of Defence shall supervise compliance with the requirements of this Law within contaminated and potentially contaminated military areas in its possession. 23 Section 48 Environmental Impact Assessment State Bureau Environmental Impact Assessment State Bureau shall: 1) review complains about the decisions made by Regional Environmental Boards with regards to granting of permits and permit conditions; 2) inform other states about the application for a permit where trans-boundary pollution is likely to occur, after it has attained accordance of the Ministry of Environmental Protection and Regional Development; 3) establish and maintain a data base containing information about the best available techniques for the relevant industrial sector and inform Regional Environmental Boards about these techniques, as well as provide consultations for representatives of industries about these issues and organise training; 4) establish and maintain a register of the issued permits, which shall be available to any natural or legal person free of charge. Section 49 Enforcement State environmental inspectors shall control the enforcement of this Law. They shall check: 1) whether the operator has obtained the necessary permits, or, in cases where a category C polluting activity is concerned, whether the operator has submitted an application for this activity; 2) whether the polluting activity complies with the basic requirements of Chapter II; 3) compliance with the permit conditions; 4) compliance with environmental quality standards and conditions determined by the Cabinet of Ministers; 5) compliance with the instruction for investigation of contaminated or potentially contaminated areas, compliance with the instruction and programme for remediation of contaminated areas. [20 June 2002] Chapter 9 Appeals [20 June 2002]2 Section 50 Appeals 2 (1) The operator or other natural and legal persons involved, including non-governmental organisations, may appeal2 the decision taken by Regional Environmental Board concerning issuing of a permit or certain permit conditions related to the operation of such polluting activity that may endanger human life or have adverse effects on human health, safety, property or the environment, within 30 days after the date of entry into force of this decision. The appeal shall 24 be submitted to the Environmental Impact Assessment State Bureau. The above- mentioned persons may complain to the Bureau also about insufficient public information during the permitting process. (2) Where the permit conditions authorise start-up or operation of the polluting activity, which may endanger human life or have significant effects on human health, propriety or the environment, a decision concerning conditions of the issued permit may be appealed2 at any time while they are valid. (3) Where an appeal to the Environmental Impact Assessment State Bureau against a decision is made within the time period determined in Paragraph one, the permit shall be suspended until the examination of the complaint. (4) The operation of the existing installation, which needs to extend the current permit or to obtain another type of a permit, shall not be suspended in the case of appeal2, except in cases where the operation is suspended in accordance with the procedure prescribed by legislation. (5) Any natural or legal person, whose health, safety or propriety may be affected by the Regional Environmental Board’s decision on necessity of investigation or remediation of contaminated or potentially contaminated area, or by the decision on coverage of the investigation or remediation costs, may appeal to the Environmental Impact Assessment State Bureau within a 1 month after the date when he/she has learnt about the decision. [20 June 2002] Section 51 Examination of complaints (1) After the examination of the complaint, the Environmental Impact Assessment State Bureau shall decide whether there is a need to obtain supplementary information about the polluting activity from Regional Environmental Board. (2) If supplementary information is necessary to make the decision, the relevant Regional Environmental Board shall entrust to the operator to prepare necessary materials. In such cases the issue shall be reconsidered no later than within 3 months from the date when the complaint was submitted. (3) Regional Environmental Board may extend validity of the existing permit if the permit has expired but the issuing of a new permit has been delayed due to the appeal. (4) If the Environmental Impact Assessment State Bureau concludes that the issued permit does not ensure safety of human life, health or the environment or that the requirements of this Law and other legislation are not considered, it shall decide to nullify decision of Regional Environmental Board concerning issuing of the permit or to nullify some of the permit 25 conditions and shall assign Regional Environmental Board issuing of the new permit where permit conditions are changed. (5) The decision made by the Environmental Impact Assessment State Bureau may be appealed to the court in accordance with the procedure prescribed by the legislation. [20 June 2002] >Transitional provisions Section 22, 23 and 24 and conditions under Chapter 5 shall come into force: 1) for existing category B polluting activities, as from 1 January 2007, in accordance with the time plan determined by the Cabinet of Ministers; 2) for new category B activities, as from 1 January 2003. 2. With a view to waste incinerators, the installation shall be deemed existing if it is fully authorised by 28 December 2002 and put into operation no later than by 28 December 2004. 3. The Cabinet of Ministers shall issue the following regulations by 1 January 2002: 1) on the category B and C polluting activities, their notification and issuing of category B permits; 2) on the emission limit values for waste water, the prohibition to emit certain pollutants into the aquatic environment and sensitive areas which are subject to the special requirements on urban waste water treatment; 3) on surface and ground water quality; 4) on the protection of water and soil against pollution caused by nitrates from agricultural sources and on vulnerable zones which are subject to special requirements on protection against pollution by nitrates. 4. The Cabinet of Ministers shall issue the following regulations by 1 January 2003: 1) on noise emissions from outdoor installations; 2) on the prevention, limit and control of emissions of air pollutants from stationary sources; 3) on soil quality standards; 4) on emissions from non-road mobile machinery; 5) on the pollution caused by asbestos and manufacture of asbestos products; 6) on the procedure for self-monitoring, establishment of pollutant emission register and availability of the information included in the register; 7) on the requirements for waste incineration and waste incinerators. 5. The Cabinet of Ministers shall issue regulations on the action programme designed to reduce or prevent pollution by nitrates within vulnerable zones within 2 years from the date when vulnerable zones have been designated. 26 6. Local governments shall submit data about contaminated and potentially contaminated areas within their territory to Regional Environmental Board within 2 years from the date when this Law comes into force. 7. The application for a permit for existing category A activities shall be submitted by 1 October 2007 in accordance with the time plan determined by the Cabinet of Ministers. 8. Section 31, Paragraph one, Clause 31 shall enter into force simultaneously with the Law on Water Management. [20 June 2002] This Law shall come into force on 1 July 2001. This Law has been adopted by the Saeima on 15 March 2001. Acting for the President Chairperson of the Saeima Jānis Straume Riga, March 29 2001 Annex I to the Law on Pollution Polluting activities (installations) that needs category A permit 1. Energy industries 1.1. Combustion installations with a rated thermal input exceeding 50 MW 1.2. Mineral oil and gas refineries 1.3. Coke ovens 1.4. Coal gasification and liquefaction plants [20 June 2002] Production and processing of metals 2.1. Metal ore (including sulphide ore) roasting or sintering installations 2.2. Installations for the production of pig iron or steel including continuous casting, with a capacity exceeding 2,5 tons per hour 2.3. Installations for the processing of ferrous metals:(a) hot-rolling mills with a capacity exceeding 20 tons of crude steel per hour(b) smitheries with hammers the energy of which exceeds 50 kJ per hammer, where the calorific power used exceeds 20 MW(c) application of protective fused metal coats with an input exceeding 2 tons of crude steel per hour 27 2.4. Ferrous metal foundries with a production capacity exceeding 20 tons per day 2.5. Installations(a) for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes(b) for the smelting, including the alloyage, of non-ferrous metals, including recovered products, with a melting capacity exceeding 4 tons per day for lead and cadmium or 20 tons per day for all other metals 2.6. 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 3. Mineral industry 3.1. Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tons per day or lime in rotary kilns with a production capacity exceeding 50 tons per day or in other furnaces with a production capacity exceeding 50 tons per day 3.2. Installations for the production of asbestos and the manufacture of asbestos-based products 3.3. Installations for the manufacture of glass including glass fibre with a melting capacity exceeding 20 tons per day 3.4. Installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tons per day 3.5. 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 75 tons per day, and/or with a kiln capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3 4. 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 Paragraphs 4.1 to 4.6. 4.1. Chemical installations for the production of basic organic chemicals, such as: (a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic) (b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins (c) sulphurous hydrocarbons (d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates (e) phosphorus-containing hydrocarbons (f) halogenic hydrocarbons (g) organometallic compounds 28 (h) basic plastic materials (polymers synthetic fibres and cellulose-based fibbers) (i) synthetic rubbers (j) dyes and pigments (k) surface-active agents and surfactants 4.2. Chemical installations for the production of basic inorganic chemicals, such as: (a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride (b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids (c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide (d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate (e) non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide 4.3. Chemical installations for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers) 4.4. Chemical installations for the production of basic plant health products and of biocides 4.5. Installations using a chemical or biological process for the production of basic pharmaceutical products 4.6. Chemical installations for the production of explosives 5. Waste management 5.1. Installations for the disposal or recovery of hazardous waste, including waste oils, with a capacity exceeding 10 tons per day 5.2. Installations for the incineration of municipal waste with a capacity exceeding 3 tons per hour 5.3. Installations for the biological or physico - chemical treatment of municipal waste with a capacity exceeding 50 tons per day 5.4. Landfills receiving more than 10 tons per day or with a total capacity exceeding 25 000 tons, excluding landfills of inert waste 5.5. Installations for disposal of hazardous waste, if they are used to dispose polychlorinated biphenyl, polychlorinated triphenyls or wastes or equipment that contain these substances. 6. Other activities 6.1. Industrial plants for the production of: 29 (a) pulp from timber or other fibrous materials (b) paper and board with a production capacity exceeding 20 tons per day 6.2. Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tons per day 6.3. Plants for the tanning of hides and skins where the treatment capacity exceeds 12 tons of finished products per day 6.4. Food processing installations, including: (a) Slaughterhouses with a carcass production capacity greater than 50 tons per day; (b) Treatment and processing intended for the production of food products from animal raw materials (other than milk) with a finished product production capacity greater than 75 tons per day or vegetable raw materials with a finished product production capacity greater than 300 tons per day (average value on a quarterly basis); (c) Treatment and processing of milk, the quantity of milk received being greater than 200 tons per day (average value on an annual basis). 6.5. Installations for the disposal or recycling of animal carcasses and animal waste with a treatment capacity exceeding 10 tons per day [20 June 2002] 4 6.6. Installations for the intensive rearing of poultry or pigs with more than: (a) 40 000 places for poultry (b) 2 000 places for production pigs (over 30 kg), or (c) 750 places for sows 6.7. 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 150 kg per hour or more than 200 tons per year 6.8. Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization