moe.gov.gemoe.gov.ge/res/images/file-manager/twinning/missio_1_1_2... · Web viewStrengthening the administrative capacities of the Ministry of Environment and Natural Resources Protection

Strengthening the administrative capacities of the Ministry of Environment and Natural Resources Protection of Georgia for approximation and implementation of the EU environmental 'acquis' in the fields

of industrial pollution and industrial hazards EU Twinning Project GE 14 ENI EN 02 16 (GE/24)

This Project is Funded by the European Union

Draft Law on Control of Industrial Emissions

Version of 20 29 November 2017

1




COMPONENT 1: Develop and make the necessary steps for adoption of primary and secondary legislation in accordance with the Industrial Emissions Directive (IED) 2010/75/EU and the Directive 12/18/EU (Seveso III Directive) Intermediary result 1.1 Develop of a new Law on Control on Emissions from Industry according to an inclusive and evidence-based approach and in accordance with the IED 2010/75/EU

Based on the work of: Legal Drafting: Arend Kolhoff (NL), Katia Juárez (ES), Zdenek Suchanek (CZ), Monika Přibylová (CZ), Wybe Douma (NL), Jan Prasek (CZ), Irene Olivares (ES) and Carmen Canales (ES)Member State Project Leader: José Francisco Alonso Picón Beneficiary Country Project Leader: Maia Zavrashvili (GE)Member State Component Leader: Jan KolarBeneficiary Component Leaders: Nino Tandilashvili, Nino Latsabidze and Salome MarkoziaResident Twinning Advisor (RTA): Iñaki Bergaretxe RTA-Counterpart: Giga Gigashvili RTA Assistant: Tamar MadurashviliRTA Language Assistant: Otar Zhgenty

Any opinions expressed in this report remain those of the consultant and do not necessarily represent the opinion of the European Commission

All findings, conclusions and recommendations in this report are based on the English translations of the respective Georgian (legal) texts and the questionnaires filled in by the Beneficiary

2




CHAPTER I. GENERAL PROVISIONS

Article 1. Subject of regulation

1. The objective of this law is to prevent or, where it is not practicable, to reduce and control emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of the environment taken as a whole.

This law establishes the issuing of integrated environmental permits for industrial activities giving rise to pollution, as further specified in Chapter II of this Law.

2. This Law also regulates the rights and the responsibilities of Georgia, as well as the rights and responsibilities of legal and natural persons, concerning the establishment of conditions required to ensure prevention of pollution arising from industrial activities.

3. The Law on General Administrative Code of Georgia shall apply on the procedures stipulated by this Law unless otherwise provided for by this Law.

43. The provisions on environmental inspection and on the rules of State Control shall apply in the procedures concerning the performance of inspection supervision unless otherwise provided for by this Law.

Article 2. Scope of the Law 1. This law shall apply to the industrial activities giving rise to pollution set out in Annex I.

2. This law does not apply to research activities, development activities and the testing of new products and processes.

3. For the protection and improvement of the quality and conditions of the environmental media including soil, water, air, biodiversity and other natural resources, as well as for the protection of the ozone layer and the protection against negative anthropogenic impacts on the climate system, in addition to the provisions of this Law, provisions of the Code on Environmental Assessment and other special laws regulating specific environmental media and areas (hereinafter: special laws) shall also apply, unless otherwise provided for by this law.

4. Apart from using the measures aiming at the protection from harmful effects defined in this law, protection of the environment shall be achieved through measures and activities specified in the Code on Environmental Assessment and other specific legislation.

3

Work-PC, 19/11/17,

To be discussed

Monika, 19/11/17,

It is ok




Article 3. Definitions Terms used in this Law shall have the following meaning:

1. “Environment” means the space with all living organisms and natural resources, i.e. natural and man-made values, their interaction and the entire space in which people live and in which settlements, goods in general use, industrial and other facilities, including the media and the areas of the environment, are situated;

2. “Environment protection and improvement” means a system of measures and activities (social, political, economic, technical, educational etc.), which provide support and create conditions for protection against pollution and degradation of and impacts on environmental media and individual areas (protection against depletion of the ozone layer, prevention of harmful noise and vibrations; protection against ionising and non-ionising radiation, protection against odour and use and disposal of wastes, and other types of environment protection);

3. “Pollutants” means” means polluting matters and substances that pollute the environment and are specified in the Annex II, and in national Georgian legislation, and Pollutants Release and Transfer Register;

4. “Pollution” means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;

5. “Polluter” means any legal or natural person the activity of which causes, directly or indirectly, pollution of the environment;

6. “Environmental quality standard” means” means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Georgian legislation andlegislation in accordance with the international agreements ratified by Georgia;

7. “Generally binding rule” means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions;

4




8. “Substance” means” means any chemical element and its compounds, with the exception of the following substances: a) radioactive substances meaning any substance that contains one or more radionuclides the activity or activity concentration of which cannot be disregarded from a radiation protection point of view;b) genetically modified micro-organisms meaning any microbiological entity, cellular or non-cellular, capable of replication or of transferring genetic material, including viruses, viroids, and animal and plant cells in culture; c) genetically modified organisms (GMO), meaning an organism, with the exception of human beings, in which the genetic material has been altered in a way that does not occur naturally by mating and/or natural recombination;

9. “Hazardous substance” means substancesmeans substances or mixtures as defined in the legislation on classification, labelling and packaging of substances and mixtures;

10. “Environmental areas” means the nature, the waste, the noise, the vibrations, the ionising and non-ionising radiation, the climate, the odour and all other elements constituting an integral part of the environment;

11. “Environmental media” means water, air, soil and groundwater;

1210. “Environmental monitoring” means” means systematized measuring, monitoring and control of conditions, quality and changes of environmental media and areas;

1311. “Quality of the environment” means” means the state of the environment expressed by way of physical, chemical, aesthetic and other indicators;

1412. “Emission” means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources existing in the installation into air, water or land;

1513. “Emission limit values” means the mass, expressed in terms of certain specific parameters, concentration and/or level of emission, which may not be exceeded during one or more periods of time;

16. “Natural person” means individual , performer of professional activity and citizen;

17. “Chemicals” means substances and preparations;

5

Work-PC, 19/11/17,

To be checked with the legal department

iñaki Bergaretxe, 19/11/17,

The IED makes reference to Art. 3 of the Regulation (EC) No. 1272/2008 (CLP Regulation). Under the Georgia EU Association Agreement Georgia undertakes to gradually approximate its legislation to the CLP Regulation. The provisions regarding the designation of competent authority/ies (Article 43) and the implementation of classification, labelling and packaging of substances (Article 4), shall apply within 6 years of the entry into force of the Association Agreement (01.09.2014). The provisions regarding the implementation of classification, labelling and packaging of mixtures (Article 4), shall apply within 7 years of the entry into force of the Association Agreement




18. “Harmful substance” means a biological or physical agent the presence of which in the environment may induce direct or delayed threat to or pollution of one or more environmental media or areas, as well as other irritant, inflammable and explosive materials which exhibit such properties when present in a certain quantity, concentration or intensity;

1914. “The public” means one or more natural or legal persons and, in accordance with Georgian legislation or practice, their associations, organizations or groups;

2015. “The public concerned” means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organizations promoting environmental protection and meeting any requirements under Georgian legislation shall be deemed to have an interest;

2116. “Concerned authorities” means relevant authorities which competences have been fully or partially replaced by the Ministry during the integrated permitting procedure or which competences are relevant to the scope of the integrated environmental permit.

2217. “Applicant” means the legal or natural person who applies for a permit for a new installation or a permit for substantial change of an existing installation;

2318. “Operator” means any natural or legal person who operates or controls in whole or in part the installation or combustion plant, waste incineration plant or waste co-incineration plant or, where this is provided for in the national Georgian legislation law,, to whom decisive economic power over the technical functioning of the installation or plant has been delegated;

2419. “Installation” means a stationary technical unit within which one or more activities listed in Annex I are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in that Annex and which could have an effect on emissions and pollution;

2520. “Existing installation” means an installation that has been operating before the entry into force of this Law and in accordance with the provisions ofprovisions of Article 457 of this Law;

2621. “Substantial change” means” means a change in the nature or functioning, or an extension, of an installation which may have significant negative effects on human health or the environment;

6




2722. “Best Available Techniques (BAT)” means” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing e the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impactthe impact on the environment as a whole:

a. “techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;

b. “available techniques” means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;

c. “best” means most effective in achieving a high general level of protection of the environment as a whole;

2823. “BAT reference document” means a document, resulting from the exchange of information carried out at EU level, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of BAT, as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in Annex III;

2924. “BAT conclusions” means a document containing the parts of a BAT reference document laying down the conclusions on BAT , their description, information to assess their applicability, the emission levels associated with the BAT, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;

3025. “Emission levels associated with the BAT” means the range of emission levels obtained under normal operating conditions using a BAT or a combination of BAT, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

3126. “Emerging technique” means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing BAT;

3227. “Draft integrated environmental permit” shall mean a preliminary permit prepared by the applicant that is subject to public participation and is submitted to the Expert Commission for review.

7




3328. ”IntergratedIntegrated Environmental Permit” means a written authorisation to operate all or part of an installation;

3429. “Baseline report” means” means information on the state of soil and groundwater contamination by relevant hazardous substances;

3530. “Groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

3631. “Soil” means” means the top layer of the Earth’s crust situated between the bedrock and the surface. The soil is composed of mineral particles, organic matter, water, air and living organisms;

3732. “Environmental inspection” means” means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the Ministry to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact;

3833. “Poultry” means fowl (chickens), turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and partridges reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for re-stocking supplies of game;

3934. “Fuel” means” means any solid, liquid or gaseous combustible material;

4035. “Combustion plant” means” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated;

4136. “Stack” means” means a structure containing one or more flues providing a passage for waste gases to discharge them into the air;

4237. “Operating hours” means the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air, excluding start-up and shut-down periods;

4338. “Rate of desulphurisation” means the ratio over a given period of time of the quantity of sulphur which is not emitted into air by a combustion plant to the quantity of sulphur contained in the solid fuel which is introduced into the combustion plant facilities and which is used in the plant over the same period of time;

8

Monika, 19/11/17,

Is it also in the Water law:




4439. “Indigenous solid fuel” means” means a naturally occurring solid fuel fired in a combustion plant specifically designed for that fuel and extracted locally;

4540. “Determinative fuel” means” means the fuel which, amongst all fuels used in a multi-fuel firing combustion plant using the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, has the highest emission limit value as further specified by the relevant sub-legal normative acts relevant Decree of the government of Georgiaor, in the case of several fuels having the same emission limit value, the fuel having the highest thermal input amongst those fuels; 4641. “Biomass” means any of the following:

a) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content; b) the following waste:

i) vegetable waste from agriculture and forestry; ii) vegetable waste from the food processing industry, if the heat generated is recovered; iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered; iv) cork waste; v) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste;

4742. “Multi-fuel firing combustion plant” means” means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel;

4843. “Gas turbine” means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine;

4944. “Gas engine” means” means an internal combustion engine which operates according to the Otto cycle and uses spark ignition or, in case of dual fuel engines, compression ignition to burn fuel;

5045. “Diesel engine” means” means an internal combustion engine which operates according to the diesel cycle and uses compression ignition to burn fuel;

9

Monika, 19/11/17,

Is not it in the Waste incineration law? The ole point 27

Work-PC, 19/11/17,





5146. “Small isolated system” means any system with consumption of less than 3 000 GWh in the year 1996, where less than 5% annual consumption is obtained through interconnection with other systems;

5247. “Waste” means” means waste as defined in Article 3.a of the Waste Management Code;

5348. “Hazardous waste” means” means hazardous waste as defined in Article 3.b of the Waste Management Code

5449. “Mixed municipal waste” means waste from households as well as commercial, industrial and institutional waste which, because of its nature and composition, is similar to waste from households, but excluding fractions indicated under heading 20 01 of the relevant Georgian legislation on defining and classifying the List of Waste based on types and characteristics , that are collected separately at source and excluding the other waste indicated under heading 20 02 of the relevant legislation;

5550. “Organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;

5651. “Volatile organic compound (VOC)” means” means any organic compound as well as the fraction of creosote, having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the conditions of use;

5752. “Organic solvent” means any volatile organic compound which is used for any of the following:

a) alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials; b) as a cleaning agent to dissolve contaminants; c) as a dissolver; d) as a dispersion medium; e) as a viscosity adjuster; f) as a surface tension adjuster; g) as a plasticiser; h) as a preservative;

5853. “Coating” means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to provide a film with decorative, protective or other functional effect on a surface;

10

Work-PC, 19/11/17,





5954. The Ministry – the Ministry of Environment and Natural Resources Protection of Georgia;

.

Article 4. Competent authorities in the field of control of industrial emissions

1. In the field of control of industrial emissions , the Government of Georgia has powers to:

a) Decide upon commencement of transboundary integrated environmental permitting pro-cedure;

b) Decide upon the forms of exchanging information with affected countries, holding further consultations and the time-frames of conducting transboundary integrated environmental permitting, based on the request of the Ministry;

c) Decide upon establishing a time-frame for the procedures of control of industrial emis-sions, which is different from the time-frames established by this Law.

d) To lay down, at the request of the Ministry, through the relevant sub-legal normative acts-Decrees, the rules for the implementation of this Law including Emission limit values (ELV) and special provisions for combustion plants, waste incineration plants and waste co-in-cineration plants, installations and activities using organic solvents, as well as installations producing titanium dioxide.

2. In the field of control of industrial emissions , the Ministry has powers to:

a) Implement the state policy in the field of control of industrial emissions;b) Decide whether an integrated environmental permit is needed;c) Set up an expert commission on BAT implementation;d) Review all reports related to integrated environmental permits, grant relevant permits

and make decisions on the refusal to grant them; e) Issue recommendations regarding strategic documents;f) Prepare proposals on derogations provided for in this Law and submit them to the govern-

ment of Georgia;g) Submit proposals to the government of Georgia on commencement of transboundary in-

tegrated environmental permitting procedures, forms of exchanging information with af-fected countries, holding further consultations, time-frames of conducting transboundary integrated environmental permitting procedures and on taking any other appropriate measures;

h) Ensure participation of the public concerned in the decision-making process envisaged by this Law, as well as access to the relevant information and hold public hearings;

11

prestamo, 19/11/17,

This article must be assessed




[i)] ; [j)] , create a unified database with regard to the issues within its competence and ensure se-

curity, accessibility and availability of the information kept in this database;i)[k)] Carry out other competencies regarding control of industrial emissions under the legisla-

tion of Georgia.

3. In the field of control of industrial emissions, the Department of Environmental Supervision of the Ministry has powers to control and monitor compliance with the conditions set out in the integrated environmental permits and with the provisions of the relevant legislation.

4. In the field of control of industrial emissions, the Ministry of Health, Labour and Social Protection of Georgia has the power to review the applications for integrated environmental permits and attached documents in the process of permitting and issue statementsconclusions, within its competence;

Comment Article 5. Granting and holding an integrated environmental permit

The installations in which any of the activities included in Annex I are carried out are subject to integrated environmental permitting and cannot operated without a valid integrated environmental permit.Thepermit. The Ministry shall grant an integrated environmental permit if the installation complies with the requirements of this Law and other applicable legislation.Integratedlegislation. Integrated environmental permits and permit conditions shall be fully coordinated and harmonized, where more than one permitting requirement is applicable or more than one operator is involved, or more than one permit is granted, to guarantee an effective integrated approach by all authorities competent for this procedure.

Article 6. Compliance with permit conditions 1. The Ministry shall ensure that the permit conditions are complied with, as provided for defined in Article 5, pParagraphs 2 to 4 of this Article, Articles 14, 21 and 38 this Law and other applicable legislation.

2. In the event of a breach of permit conditions, the operator is obliged to: a) Inform the Ministry immediately; b) Immediately take the measures necessary to ensure that compliance with permit is restored within the shortest possible time period.

12


check


In this Article definitions from Art. 3 of the Code on Environment Assessment as far as relevant in the context of this law can be found, together with new or amended definitions from Art. 3 of the IED. Definitions related to LCPs, WI and VOC have been included. Para. 8: If other authority is competent this has to be mentioned e.g. inspectorate,

Work-PC, 19/11/17,

Check with the legal department

Monika, 19/11/17,

What form is acceptable for MoH




3. The Ministry shall require the operator to take any appropriate complementary measures necessary to restore compliance with permit conditions.

4. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, the Ministry shall suspend the operation of the installation concerned or of its relevant part, until compliance is restored.

Article 7. Best Available Techniques (BAT) conclusions

1. The Government of Georgia, at the request of the Ministry, shall issues sub-legal normative acts to adopt BATadopt BAT conclusions. These BAT conclusions shall be based on the translations of the BAT conclusions issued by European Commission into Georgian language.

2. In the cases

a) where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environmental effects of the activity or process, or b) where the operator chooses to opt for a BAT not described in the respective BAT conclusions document

BAT is determined by giving special consideration to the criteria listed in Annex III.

Article 8. Emission limit values (ELV) for polluting substances

1. Permit conditions shall contain ELV at least for the polluting substances listed in Annex II.

2. The emission limit values specified in the integrated environmental permit shall be based on the BAT conclusions, without prescribing the use of any technique or specific technology.

3. Emission limit values (ELV) and special provisions for combustion plants, waste incineration plants and waste co-incineration plants, installations and activities using organic solvents, as well as installations producing titanium dioxide shall be set by special sub-legal normative acts.

4. The emission limit values specified in the integrated environmental permit for the installation shall not exceed the emission levels associated with BAT, except under the circumstances defined in

13

Monika, 19/11/17,

How are BAT conclusion used?




Article 9 of this Law. Those emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the BAT.

5. The Ministry may set different emission limit values than those referred to under pParagraph 5 4 of this Article in terms of values, periods of time and reference conditions. Where this option is applied, the Ministry shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.

6. The emission limit values for polluting substances set in the integrated environmental permit shall apply at the point where the emissions leave the installation and any dilution prior to that point shall be disregarded when determining those values.

Article 9. Derogations from generally prescribed ELVs

1. The Ministry may, in specific cases, set less strict emission limit values. Such a derogation may apply only where an assessment shows that the achievement of emission levels associated with BAT as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:

a) the geographical location or the local environmental conditions of the installation concerned; or b) the technical characteristics of the installation concerned.

2. The Ministry shall verify the evidence provided by the operator for the purposes of pParagraph 1 of this Article and document in the permit the reasons for application of that paragraph, including the result of the assessment of the justification provided by the operator. 3. The emission limit values set in accordance with the pParagraph 1 of this Article shall, however, not exceed the emission limit values set out in the corresponding sub-legal normative acts of the government of Georgia, special provisions for combustion plants, waste incineration plants and waste co-incineration plants, installations and activities using organic solvents, as well as installations producing titanium dioxide shall be set by special sub-legal normative acts,where applicable.

4. When applying pParagraph 1 of this Article, the Ministry shall in any case ensure that ensure that no harmful consequences for human health and the environment occur, and that a high level of protection of the environment as a whole is achieved no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. 5. The Ministry shall re-assess the application of the first paragraph as part of each reconsideration of the permit conditions pursuant to Article 32 of this Law.

14




6. The Ministry may grant temporary derogations from the requirements of pParagraphs 2, 4 and 5 of Article 8 and of Points a and b of pParagraph 1 of Article 14 of this Law for the testing and use of emerging techniques for a total period of time not exceeding 9 months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with the BAT.

7. The Ministry may establish transitional periods for one or more emission limit values forgrant temporary derogation to existing installations from the requirements of Paragraphs 2, 4 and 5 of Article 8 and of Points a and b of Paragraph 1 of Article 14 of this Law as specified in Article 45 of this Law. 8. The Ministry may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the application of this Article establish the technical requirements for the application of this Article.

Article 10. Site Closure

1. Where the activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare and submit to the Ministry a baseline report before starting operation of an installation, in line with point g of pParagraph 2 of Article 18 of this Law. 2. The baseline report shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for in pParagraph 4 of this Article. 3. The baseline report shall contain at least the following information:

a) information on the present use and, where available, on past uses of the site; b) where available, existing information on soil and groundwater measurements that reflect the state at the time the report is drawn up or, alternatively, new soil and groundwater measurements having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation concerned.

4. Upon definitive cessation of activities, the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation.

15

Monika, 19/11/17,

Can be relevant. In the CR the Ministry elaborated Methodology how to assess the economics of a derogation




Article 11. Procedure for restoration of the environment to a satisfactory state in the event of site closure 1. Where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in Article 10 of this Law, the operator shall take the necessary measures to address that pollution so as to return the site to that state. For that purpose, the technical feasibility of such measures may be taken into account.

2. Where the contamination of soil and groundwater at the site still poses a significant risk to human health or the environment, the operator shall take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into its current or approved future use, ceases to pose such a risk. 3. Where the operator is not required to prepare a baseline report referred to in Article 10 of this Law, the operator shall, upon definitive cessation of activities, take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use, ceases to pose any significant risk to human health or the environment due to the contamination of soil and groundwater as a result of the permitted activities and taking into account the conditions of the site of the installation established in accordance with Article 14 of this Law. 4. The operator holding an integrated environmental permit shall notify the Ministry of the intention to cease activities at least 6 months before the intended closure and shall submit a plan with the measures for remediation of the site on which the installation is located in case the contamination of soil or ground water took place.

5. The Ministry shall approve the plan referred to in paragraph 4 of this Article if appropriate.

6. The operator shall implement the measures in the manner and within the timeframes specified in the plan referred to in Paragraph paragraph 4 of this Article.

Article 12. General binding rules

1. Without prejudice to the obligation to hold a permit, the Government of Georgia may include re-quirements for certain categories of installations, in general binding rules, which shall be adop-ted as sub-legal normative acts.

2. General binding rules shall be based on BAT, without prescribing the use of any techniques or specific technology in order to ensure compliance with Article 8, Paragraph 5 of Article 20 and Article 26 of this Law.

16


The methodology on assessing the risk of soil contamination should be developed in the context of the transposition and implementation of the Directive on Environmental Liability

Monika, 19/11/17,

Do they have some methodology on assessing risk of soil contamination?




32. Where general binding rules are adopted, the permit may simply include a reference to such rules.

3. When adopting general binding rules, the Government of Georgia shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions.

4. General binding rules shall be based on BAT, without prescribing the use of any techniques or specific technology in order to ensure compliance with Article 8, paragraph 5 of Article 20 and Article 26.

5. The Government of Georgia shall ensure that general binding rules are updated to take into account developments in best available techniques and in order to ensure compliance with Article 32.

Article 13. Prevention of accidents and incidents and mitigation of their consequences 1. In the event of any incident or accident significantly affecting the environment, the operator is obliged to:

a) inform the Ministry immediately; b) immediately take measures to limit the environmental consequences and to prevent further possible incidents or accidents

2. The Ministry shall require the operator to take any appropriate complementary measures necessary to limit the environmental consequences and to prevent further possible incidents or accidents. Article 14. General principles governing the basic obligations of the operator 1. Installations shall operate in accordance with the following principles:

a) all the appropriate preventive measures are taken against pollution; b) the BAT are applied; c) no significant pollution is caused; d) the generation of waste is prevented in accordance with the applicable legislation on waste management; e) where waste is generated, it is, in order of priority and in accordance with applicable legislation on waste management, prepared for re-use, recycled, recovered or, where that is

17




technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment; f) energy is used efficiently; g) the necessary measures are taken to prevent accidents and limit their consequences; h) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to the satisfactory state defined in accordance with Article 10 of this Law.

2. The operator shall, within the validity period of the integrated environmental permit and five years after the expiry of the permit validity, keep all documents and data regarding the application, issuance and the monitoring determined by the mandatory conditions in the integrated environmental permit and make them available at the request of the Ministry or the Department of Environment Supervision.

Article 15. Emerging techniques

The Ministry shall, where appropriate, encourage the development and application of emerging techniques, in particular for those emerging techniques identified in BAT reference documents.

Chapter II. Procedure for integrated environmental permitting. Article 16. Scope This Chapter shall apply to new installations and to substantial changes of existing installations covered by the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex. Activities in such installations shall not be performed prior to granting of an integrated environmental permit by the Ministry.

Article 17. Co-ordination with other procedures

1. Procedures for granting integrated environmental permits for new installations covered by Annex I of this Law which require an environmental impact assessment shall be coordinated with the procedure for environmental impact assessment, as established in the Code of Environmental Assessment. If applicable, coordination will take place during the public participation and expertise conclusion stages of environmental impact assessment and when transboundary integrated environmental permitting procedures are in place.

18

Work-PC, 19/11/17,

To be discussed




2. Procedures for granting of integrated environmental permits and for establishing permit conditions shall be fully coordinated, where more than one concerned authority or more than one operator are involved, or more than one permit is granted, to guarantee an effective integrated approach by all competent authorities involved.

Article 18. Submission of application for an environmental integrated permit 1. The application for an integrated environmental permit (hereinafter: application) shall be submitted to the Ministry in hard copies and in electronic form, if applicable, together with the scoping application for environmental impact assessment.

2. The application shall include information on:

a) the operator/applicant;

b) description of the installation, its technical units and its activities;

c) management and control of the installation;

d) raw and auxiliary materials, other substances and the energy used or generated by the in-stallation;

e) the sources of emissions from the installation;

f) the conditions of the site of the installation;

[g)] where applicable a baseline report in accordance with Article 10 of this Law;

g)[h)] the nature and quantities of foreseeable emissions from the installation into each me-dium as well as identification of significant effects of the emissions on the environment;

h)[i)] the proposed technology and other techniques for preventing or, where this is not pos-sible, reducing emissions from the installations;

i)[j)] measures for the prevention, preparation for re-use, recycling and recovery of waste generated by the installation;

[k)] further measures planned to comply with the general principles of the basic obligations of the operator as provided for in Article 14 of this Law;

j)[l)] measures planned to monitor emissions into the environment;

19

Arend Kolhoff, 19/11/17,

These requirements are very much in accordance with the requirements asked for the Scoping report / EIA report. Possibly. I have made a comparative assessment of the requirements for Scoping (Code on EA) and




k)[m)] the main alternatives to the proposed technology, techniques and measures studied by the applicant in outline;

l)[n)] proposed measures regarding remediation, de-commissioning, restoration and aftercare upon definitive cessation of activities;

m)[o)] non-technical summary of the details referred to in this paragraph;

3. The Ministry shall elaborate a template for the application which will specify its detailed content and mandatory annexesmandatory annexes. The application template will be adopted by a sub-legal normative act.

54. The Ministry may request the applicant to add to the application other data that are not included in paragraph 2 of this Article, if such data are necessary for clarification.

65. When preparing the application, the applicant may attach documents related to obligations derived from the Georgian legislation on the control of major accident hazards involving dangerous substances.

Article 19. Review and approval of the application [1.] The Ministry shall review the application referred to in Article 18 of this Law in accordance to the

requirements of this Law and the provisions established in the General Administrative Code of Georgia. In case of discrepancy between the requirements of this Law and the General Adminis-trative Code of Georgia, this Law shall prevail.

2. In case the Ministry resolves, based on the application review, that the information provided in the application is not sufficient for granting an integrated environmental permit, the Ministry shall require additional information from the operator.

3. In case the Ministry has issued a statement requiring additional information, the period within which the integrated environmental permit shall be issued starts from the date of receipt of the amended application with the additional informationadditional referredinformation referred to in pParagraph 2 of this Article.

3. In case the applicant fails to provide the additional information requested as provided for act in accordance with the statement referred to in pParagraph 2 of this Article, the Ministry shall by decision reject the application as incomplete.

20




Article 20. Issuance of a draft integrated environmental permit

1. A draft of the integrated environmental permit shall be issued by the Ministry within 20 days from receipt of statements and opinionsand opinions from concerned authorities and the public.

2. When drafting the permit the Ministry shall take into consideration:

a) The data and information included in the application for issuing the permit as specified in Article 18 of this Law.. b) The information obtained through the visit to the site if relevant.c) The results of the Environmental Impact Assessment, if applicable, d) The results of the procedure carried out in accordance with the Law on the prevention and control of major accidents involving hazardous substances; e) The applicable standards and emission limit values asvalues as specified in article 8 of this Law; f) The need to mitigate and prevent environmental and related damage to human health; g) The statements, opinions and the comments obtained through consultations with the concerned authorities and the public concerned, as well as the opinions and the comments of the competent authorities and the public concerned of the other country in case of trans boundary impact of the installation located within the territory of Georgia;h) The technical/economic characteristics of the installation, as well as its geographic location and current state, as well as the data required in order to determine best available techniques.

3. The draft integrated environmental permit shall be in line with Article 14 and 26 26of this Law.

4. The draft integrated environmental permit shall contain obligatory conditions that refer to the emission limit values, measures of protection of environment, individual environmental media and areas and the manner of performing the monitoring by the operator of the installation as specified in next paragraph.

5. The measures for the protection of the environment and related monitoring shall include at least the following:

a) emission limit values for polluting substances referred to Article 8 and listed in Annex II of this Law, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature and their potential to transfer pollution from one medium to another; b) appropriate requirements ensuring protection of the soil and groundwater and measures concerning the monitoring and management of waste generated by the installation; c) suitable emission monitoring requirements specifying measurement methodology, frequency and evaluation procedure;

21


This is the wording of the corresponding provision of the IED

Monika, 19/11/17,

How Ministry understand this

Monika, 19/11/17,

Discussed on the workshop on 17.11. – no objections from the WS participants




d) an obligation to supply the Ministry regularly, and at least annually, with information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the Ministry to verify compliance with the permit conditions; e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater pursuant to point (b) f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations; g) provisions on the minimisation of long-distance or trans boundary pollution; h) conditions for assessing compliance with the emission limit values or a reference to the applicable requirements specified elsewhere;i) conditions for minimisation of emissions of noise, vibration and heat.

7.Emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection.

8. Integrated environmental permits for large combustion plants, waste incineration and waste co-incineration plants, installations and activities using organic solvents as well as producing titanium dioxide shall include specific emission limit values and special provisions as defined in paragraph 3 of Article 8 paragraph 3.

9. The environmental integrated permit for an installation covered by Georgian legislation on greenhouse gases, shall not include an emission limit values for emissions of greenhouse gases specified in relevant legislation, except where it is necessary to ensure that no significant local pollution is caused or where an installation is excluded from that regulation.

10. When the Ministry, in drafting integrated environmental permit determines on the basis of statement, comments and opinions from concerned authorities and the public that additional data is required, it shall set a term not shorter than 10 days, but not longer than 20 days from the date of receipt of the request for the additional data by the applicant.

11. Where the application refers to particularly complex cases, the Ministry may extend the term referred to in pParagraph 1 of this Article, but for not longer than 30 days, with an obligation to notify the applicant of the integrated environmental permit in written form and to explain the reasons for the extension.

12. In case of existing installations the draft integrated environmental permit shall be prepared based on the Ministry site-visit to in the installation.

22




13. The Ministry shall set the detailed content of the permit in a sub-legal normative act (or internal guidance).

Article 21. Procedure for granting of the integrated environmental permit 1. Based on the positions and the opinions submitted in accordance with the provisions of this Law, the Expert Commission, set up by the Ministry, will review the draft integrated environmental permit, if applicable, together with the environmental impact assessment report. The Expert Commission prepares and submits the expertise conclusion on the draft integrated environmental permit and the EIA report to the Ministry within 40 (forty) days from the date of the receipt of the draft environmental permit and EIA report if applicable.

2. Where the application refers to particularly complex cases, the Ministry may extend the term referred to in pParagraph 1 of this Article, but for not longer than 30 days, with an obligation to notify the applicant of the integrated environmental permit in written form and to explain the reasons for the extension.

3. The Ministry shall issue a decision on granting an integrated environmental permit, stating the conditions for operation of the installation under the integrated environmental permit. The permit shall contain an explanatory part providing reasoning for the authority´s decision and summarizing the results of consultation with other public bodies and with the public. The Ministry shall issue the decision on granting an integrated environmental permit within 30 day from receipt of the expertise conclusion specified in paragraph 1 of this Article.

4. The decision on granting an integrated environmental permit shall contain also the following:a) the reasons on which the decision is based;b) the results of the consultations held before the decision was taken and an explanation of how they were considered in that decision;c) the title of the BAT reference documents relevant to the installation or activity concerned.d) how the permit conditions referred to in Article 14, including the emission limit values, have been determined in relation to the best available techniques and emission levels associated with the best available techniques;e) where a derogation is granted in accordance with Article 9, the specific reasons for that derogation based on the criteria laid down in that paragraph Article and the conditions imposed

5. Two Three copies of the integrated environmental permit shall be retained by Ministry, one of which shall be kept in the Register of integrated environmental permits and the other shall serve for public review of the permit. Another copy of the integrated environmental permit shall be delivered to the Department of Environmental Supervision.

23

Monika, 19/11/17,

We suppose that sending the permit to applicant is in the Administrative code


Days indicated in the Code on EA.

Monika, 19/11/17,

Alternatively it can be internal guidance of the Ministry




6. A construction permit for a new installations or substantial changes of existing installations which are subject to integrated environmental permit shall not be issued until the integrated environmental permit has been issued.

7. An integrated environmental permit shall be granted to installations which are subject to a mandatory environmental impact assessment only after an environmental decision is issued by the Ministry in accordance with Articles 12 and 13 of the Code of Environmental Assessment. I

8. Operator, concerned authorities and concerned public concerned, have the right to appeal the decision referred to in paragraph (5)4 of this Article in accordance with the procedure set in the General Administrative Code of Georgia. 9. Practical information shall be made available to the public on the above appeal procedure and on the formal requirements for appeal. 10. The Ministry may prescribe more precisely the manner and the procedure of for implementing the procedure forgranting an integrated environmental permit issuance.

Article 22. Public participation and Consultation in the permitting procedure

1. The Ministry publishes at least oin its official website the following information during permitting procedures:a) application for integrated environmental permit, b) application for the substantial change of the integrated environmental permit,c) decision on integrated environmental permit,d) decision on refusal of the application for integrated environmental permit, e) decision on change of integrated environmental permit,f) decision on refusal of the application for change of integrated environmental permit.The application listed above under point a) and b) is published by the Ministry when the Ministry resolve that it is complete, as specified provided for in Article 19 of this Law. The decisions listed above under points c) to– f) is are published after it is issued as provided for specified in Article 29 of this Law. Additional details on publishing requirements are listed in Annex IV of this Law.

2. The public concerned can submit their comments regarding the application for integrated environmental permitenvironmental permit to the Ministry within 40 days from the publication.

3. Upon deciding that the application for the integrated environmental permit or for the substantial change of the integrated environmental permit is complete, the Ministry shall submitshall submit it to the concerned authorities together with the request for statement on the proposed permit conditions.

24

Monika, 19/11/17,

Agrred at the workshop on 17.11.




4. The concerned authorities shall submit their statements and comments to the proposed permit conditions to the Ministry within 30 days from the receipt of the request specified in paragraph 3 of this Article.

5. The Ministry shall organize a public hearing on the proposed permit conditions and received statements and comments within 10 days from the receipt of the comments from the public. The Ministry shall invite for the public hearing the applicant, concerned authorities and representatives of the public concerned, which shall submit theirsubmit their comments as specified in pParagraph 3 of this Article.

If an environmental impact assessment procedure is required according to the Code on Environmental Assessment, the Ministry may carry out a joint publicjoint public hearing for both procedures for applications listed in points a) and b) of pParagraph 1 of1 of this Article. In cases where a joint public hearing takes place, the time requirements for receiving comments from the public concerned public and concerned authorities shall be coordinated between both public participation procedures.

3. The Ministry shall also make available to the public, including on its official website, at least in relation to point (a):

a) the results of emission monitoring as required under the permit conditions.

4. Paragraphs 1 and 3 of this Article shall apply subject to the restrictions laid down in the provisions of the relevant national Georgian legislation on public access to environmental information (approximation Article 4(1) and (2) to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information).

Article 23. Administrative procedure of the application in case of a transboundary impact when the installation is on the territory of Georgia 1. When the Ministry concludes, on the basis of the content of the application, that the performance of the activities in the installation is likely to have a significant negative effect on the environment on the territory of another country, it shall, in observance of the obligations assumed by Georgia under the ratified international agreements, submit, via the Ministry of Foreign Affairs of Georgia, to the competent authorities of that country the entire application in electronic form, and shall notify them of the reasonable time-frames, determined based on the decision of the Government of Georgia, within which a response is required, whether they intend to participate in the transboundary integrated environmental permitting procedure.

25

Work-PC, 19/11/17,

To be checked


It is recommended to refer to the Code for Environmental Assessment – Chapter V for specific details of the procedure.

prestamo, 19/11/17,

This article should be included in Chapter II

Monika, 19/11/17,

Not clear, what kind of restrictions? Maybe not relevant here?




The Ministry shall also submit to the competent authorities of the country affected the information listed in Section 1 of Annex IV to this Llaw :

2. After receiving a notification of interest in participation in the procedure or upon receiving a request for participation in the procedure, the Ministry shall provide for the competent authority of the foreign country, via the Ministry of Foreign Affairs of Georgia, equal treatment regarding the participation in the procedure as for the domestic public.

3. If neither of the countries notifies an interest to participate in trans boundary environmental impact assessment procedure within the time-frames specified in the notification, the Minister shall issue an individual administrative legal act on termination of the trans boundary integrated environmental permitting procedure and continuation of the integrated environmental permitting procedure upon the approval of the Government.

4. If any of the countries notified express an interest to participate in trans boundary integrated environmental permitting procedure, within one month after expression of interest, the Government of Georgia, at the request of the Ministry shall take the decision on commencement of trans boundary integrated environmental permitting procedure, which shall include the information on the forms of exchanging data, the time-frames for holding further consultations and the respective stages of trans boundary integrated environmental permitting procedure.

5. The Ministry shall prescribe more precisely the procedures referred to in pParagraphs 1 and 2 of this Article if necessary in a sub-legal normative act (or internal guidance).

Article 24. Administrative procedure of the application in case of a transboundary impact when the installation is on the territory of another country 1. When the Government of Georgia receives a notification from another country that a procedure has been initiated for granting of integrated environmental permits for an installation whose operation is likely to have significant negative effects on the environment of Georgia, it shall immediately order the Ministry to initiate a procedure to assess the impact.

2. When the Ministry finds out that the installation referred to in pParagraph 1 of this Article could have an adverse impact on human life and health and on the environment of Georgia, it shall, via the Ministry of Foreign Affairs of Georgia, immediately notify the competent authority of the other country of the intention of the Ministry and of the relevant institutions and the public concerned public in Georgia to participate in the procedure for the granting of the integrated environmental permit in the manner and under the conditions provided for in the regulations of that country.

Article 25. Refusal to grant the permit 1. The Ministry shall take a decision to refuse granting the permit, if:

26

Monika, 19/11/17,

At this moment no neighbouring country apply integrated environmental permit.

Monika, 19/11/17,

Alternatively it can be internal guidance of the Ministry

Monika, 19/11/17,

Listed in Annex I.




a) Proposed manner of carrying out activities is likely to cause unacceptable harmful consequences for human life and health and the environment;

b) The application submitted is not in accordance with this or other laws and other regulations adopted based on them, as far as applicable in the integrated environmental permit procedure;

c) The operator has failed to provide the required data in a manner and within the term determined in the statement referred to in Article 19 of this Law, or

d) The proposed techniques for the activity performance in the installation do not comply with the best available techniques and the operator did not submit justification for derogation from BAT in accordance with Article 9 of this Law.

2. The operator may appeal against the decision referred to in pParagraph 1 of this Article Articlein accordance with the General Administrative Code of Georgia. .

Article 26. Principles of defining permit conditions based on BAT The Ministry shall lay down permit conditions based on BAT, determined according to the following alternatives:

1. BAT conclusions, described in Article 7 are used as reference for setting the permit conditions.

2. In the cases described in Article 7 of this Law the permit conditions are set based on BAT by giving special consideration to the criteria, listed in Article 7 of this Law after prior consultations with the operator.

3. The permit conditions are set on the basis of BAT not described in any of the relevant BAT conclusions, given that the following requirements are met:

a) The technique is determined by giving special consideration to the criteria listed in Annex III and b) The requirements of Article 8 are complied withc) Where the relevant BAT conclusions do not contain emission limit values associated with the BAT the Ministry has to ensure that the chosen technique will ensure guarantee the same level of environmental protection as the BAT described in the BAT conclusions.

4. Without prejudice to Article 27 the Ministry may set stricter permit conditions than those achievable by the implementation of BAT, as described in the BAT conclusions. Article 27. Stricter conditions necessary to achieve environmental quality standards

27




1. Where an environmental quality standard requires stricter conditions than those achievable applying the best available techniques, additional measures shall be included in the permit.

2. Such additional measures may consist of stricter permit conditions than those achievable applying the best available techniques. 3. When considering measures according to pParagraph 2 of this Article special attention will be paid to the results of the Environmental Impact Assessment, if applicable.

Article 28. Register of an integrated environmental permits 1. The Ministry shall establish and maintain an electronic register of integrated environmental permits.

2. The Ministry shall prescribe the form, the content and the manner of management of the Register referred to in pParagraph 1 of this Article, as well as the manner of submission of data for entry into the Register.

Article 29. Publication of integrated environmental permit 1. The Ministry shall within 15 days from the date of its granting the permit publish the decisions listed in Points c – f of pParagraph 1 of Article 22h 1c) – 1f) on its official web site.,. 2. The Ministry shall prescribe the content of the announcement publication referred to in pParagraph 1 of this Article.

Article 30. Reporting obligations 1. The holder of the integrated environmental permit shall report to the Ministry as follows:

a) regularly, on the results of the monitoring carried out in accordance with the mandatory conditions of the Integrated environmental permit;b) immediately, on any defect, incident and/or major accident that have or could have significant impact on human health, environment or property; c) on any planned change in the operation of the installation that may have an impact on human health, environment or property, or that may result in increasing the installations’ capacity or that may require change of any permitting condition; d) on any planned replacement of the persons with special authorizations (‘qualifications ‘could be an alternative) with regard to the integrated environmental permit that manage the installation.

28

Monika, 19/11/17,

Is there any requirement for authorisation ? at the workshop on 17.11. representatives of MENRP mentioned that there are no authorisation in Georgia except the certified laboratories

Monika, 19/11/17,

Specified in Art. 47




2. The operator of the installation holding an integrated environmental permit shall observe all conditions contained in the permit while operating and managing the installation.

3. For the implementation of the obligation referred to in pParagraph (2) of this Article, the operator of the installation shall appoint a natural person to be responsible for the implementation of the conditions specified in the integrated environmental permit.

Article 31. Charges

1. The operator shall be charged:

[a)] when submitting an application for an integrated environmental permit, according to Article 18 of this Law;

[b)] when applying for amendment of the integrated environmental permit, according to Article 33of this Law;

a)[c)] when submitting an application for the integrated environmental permit transfer, according to Article 34;

2. The Government of Georgia shall set the level of charges payable by operators referred to in pParagraph (1) of this Article at the proposal of the Ministry.

(A reduced fee could be proposed for intensive rearing of poultry or pigs)

Article 32. Amendment of the integrated environmental permit ex officio 1. The Ministry shall reconsider and amend the decision on integrated environmental permit ex officio in the following cases:

a) changes have occurred in the development of the best available techniques that may provide significant reduction in the emissions; b) the safety in the operation of the installation requires implementation of different technologies; c) new BAT conclusions relating to the main activities of the installation have been issued in accordance with Article 7 of this Lawd) the pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new such values need to be included in the permit; e) changes have occurred in the regulations on environmental protection that may have an impact on the operation of the installation.

29


A flat charge of 500 GEL could be established as in the case of environmental impact assessment procedures




2. Within one year after the publication of newof new BAT conclusions enacted in accordance with Article 7 of this Law, operators of the installations concerned shall notify the Ministry whetherMinistry the necessary changes to be implemented in the installation will be necessary to meet the requirements of the new BAT conclusions. Within four years after of their publication the Ministry shall reconsider and if necessary update the permit conditions to ensure compliance with the new requirements.

3. The operator has a right to appeal within one month after the issuance of the decision referred to in pParagraph 1 of this Article.

4. The Ministry shall determine the period within which the operator shall bring the operation of the installation in compliance with the requirements contained in the amended decision on integrated environmental permit.

5. The amendment of the decision on integrated environmental permit shall be carried out in accordance with the procedure specified in Articles 18 – 23 of this Law.

Article 33. Amendment of the integrated environmental permit at request of the permit holder 1. The reporting obligation referred to in the point c) of pParagraph 1 of Article 30 of this Law shall contain details on planned change namely in the nature or functioning or an extension, of an installation and on changes in the environmental impacts as well as available monitoring data. In the notification, the operator shall also express his reasoned standpoint whether the change represents a substantial change in the sense of paragraph 3 below or not.

2. When the Ministry determines that the execution of the planned change in the operation of the installation is not a substantial change, it shall reconsider and consequently amend the integrated environmental permit without requiring an application as defined in Article 18 of this law and without applying pParagraph 6 of this Article. The procedure for amending the decision on integrated environmental permit due to non-substantial change shall be in accordance with the General Administrative Code of Georgia. (Paragraph 6 of this article shall not apply).

3. The Ministry shall determine within one month if the change referred to in pParagraph 1 of this Article is a substantial change considering the following criteria:

a) Any change in the nature or functioning or an extension of an installation shall be deemed to be substantial if the change or extension of an installation in itself reaches the capacity thresholds set out in Annex I; b) Any The change which would result in to significant negative effects on human health or the environment shall be deemed to be substantial;

30

Monika, 19/11/17,

Simpliefied administrative procedure without public participation and without expert commission.




4. When the Ministry determines, based on the documents submitted by of the operator that the change referred to in paragraph 1 of this Article is a substantial change, it shall require from the operator to submit the application with the elements laid down in in Article 18 of this Law. The application for a permit shall cover those parts of the installation and those details which may be affected by the substantial change.

5. The Ministry shall grant the amended decision on integrated environmental permit based on the application under paragraph 4..

6. The amendment of the decision on integrated environmental permit shall be carried out in accordance with the procedure for granting angranting an integrated environmental permit provided for infor in Articles 18 – 23 of this Law.

Article 34. Transfer of the integrated environmental permit 1. The Ministry may transfer the whole or part of the integrated environmental permit upon a joint application of the actual and the potential operator.

2. The Ministry shall prescribe the contents of the application for the transfer of the integrated environmental permit.

3. The Ministry shall make a decision decide ,within 60 days from the date of the submission of the application, on the full or partial transfer of the integrated environmental permit and shall publish it in on its official web site.

4. In case of partial transfer of the integrated environmental permit the operator shall submit a drawing indicating precisely the installation or part of the installation which is subject to a transfer to another operator. In case of partial transfer, the conditions of the permit may be changed due to division of emissions.

5. The operators referred to in paragraph (1) of this Article shall have the right to appeal the decision of the Ministry, in accordance with the General Administrative Code of Georgia. Article 35. Suspension, revocation and termination of the integrated environmental permit 1. The Ministry may decide to suspend the whole or parts of the integrated environmental permit or to revoke an integrated environmental permit if:

a) the environmental pollution has increased to levels which cause serious harmful consequences on human life and health and on the environment;

31

Monika, 19/11/17,

Not needed for every substantial change




b) the operator has committed serious violations of the mandatory conditions defined in the integrated environmental permit, as determined in the enforceable decisions issued by the Department of Environmental Supervision of the Ministry; c) the operator has made changes to the installation, which resulted in negative effect on the environment without prior previously informing the Ministry and without having obtained a respective permit if necessaryapplicable; or

2. The Ministry shall immediately notify the operator holding the integrated environmental permit, as well as relevant concerned authorities, on the initiation of the procedure for revocation of the integrated environmental permit as well as on the reasons for making such decision.

3. The operator has the right to appeal against the decision referred to in pParagraph 1 of this Article within one month from the date of submission of the decision. The appeal shall not have any effect in terms of postponement of the decision enforcement.

4. The integrated environmental permit shall terminate if:

a) the operator has given up the rights determined by the permit and the permit has not been transferred in accordance with Article 34 of this Law; b) the permit was revoked in conformity with pParagraph 1 of this Article.

5. The Ministry shall record the termination of the integrated environmental permit in the Register of integrated environmental permits.

7. The operator of the installation shall have no right to compensation for the damage suffered by the revocation or suspension of the decision on integrated environmental permit.

CHAPTER III. Ccompliance assuranceMonitoring Mechanism Article 36. Monitoring requirements

1. The monitoring requirements referred to in Point c of pParagraph 5 of Article 20 paragraph 5/c of this Law shall, where applicable, be based on the conclusions on monitoring as described in the BAT conclusions. 2. The frequency of the periodic monitoring referred to in Point d) of pParagraph 5 of Article 21 20 of this Law shall be determined by the Ministry in a permit for each individual installation.

32


Check the deadline

Monika, 19/11/17,

Isn’t it too stricts?




3. Without prejudice to pParagraph 1 of this Article, periodic monitoring shall be carried out at least once every 5 years for ground water and 10 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.

Article 37. Supervision authorities 1. The Ministry shall supervise the enforcement of this Law and the regulations enacted on the basis of this law.

2. The supervision in terms of inspections over the enforcement of this Law and the regulations enacted on the basis of this Law shall be carried out by the Department of Environmental Supervision of the Ministry in accordance with special legislation.

Article 38. Environmental inspections

1. The Ministry shall set up a system of environmental inspections of installations addressing the examination of the full range of relevant environmental effects from the installations concerned. The provisions regarding the environmental inspections shall be implemented by the Department of Environmental Supervision

2. Operators shall provide the Department of Environmental Supervision all necessary assistance to enable it to carry out any site visits, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Law.

3. The Department of Environmental Supervision shall prepare an environmental inspection plan at national and regional (local?) level and shall review it regularly and, where appropriate, updated. The inspection plan shall be approved by (Ministry, Department of Environmental Supervision?)

4. The environmental inspection plan shall include the following: a) a general assessment of relevant significant environmental issues;b) the geographical area covered by the inspection plan;c) a register of the installations covered by the plan;d) procedures for drawing up programmes for routine environmental inspections pursuant to pParagraphs 4 5, 6, 7, 8 and 9 of this Article;e) procedures for non-routine environmental inspections pursuant to pParagraph 5 10 of this Article;f) where necessary, provisions on the cooperation between different inspection authorities.

33

Monika, 19/11/17,

Maybe there is some legislation governing env. inspection – it shall be considered when drafting this Article.

Monika, 19/11/17,

Clarify based on consultation with inspectors?!


Article 23.1 of the IED

Monika, 19/11/17,

What is it? Where is it defined?


Check which legislation is applicable




5. Based on the inspection plans, the Department of Environmental Supervision shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations.

6. The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks.

7. If an inspection has identified an important case of noncompliance with the permit conditions, an additional site visit shall be carried out within 6 months of that inspection.

8. The systematic appraisal of the environmental risks shall be based on at least the following criteria: a) the potential and actual impacts of the installations concerned on human health and the environment considering the levels and types of emissions, the sensitivity of the local environment and the risk of accidents;b) the record of compliance with permit conditions;c) the implementation of standardized environmental management systems as regulated in

Georgian legislation c) the participation of the operator in the European Union eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 1221/2009 (1)

Foot note: (1) Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 342, 22.12.2009, p. 1).

9. The Ministry shall adopt guidance on the criteria for the appraisal of environmental risks.

10. Non-routine environmental inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit.

11. Following each site visit, the Department of Environmental Supervision shall prepare a report describing the relevant findings regarding compliance of the installation with the permit conditions and conclusions on whether any further action is necessary.

12. The report shall be notified submitted to the operator concerned within 2 months of the site visit taking place.

13. The report shall be made publicly available by the Ministry in accordance with the relevant national Georgian legislation on public access to environmental information (approximation to

34

Monika, 19/11/17,

Is EMAS relevant for Georgia? Are they obliged to have it – check association agreement…


This regulation is not included in the Association Agreement. Georgia is not obliged to transpose the Regulation.It might be substituted by a reference to the implementation of environmental management systems like ISO 14000 family of standards


To be discussed




Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information) within 4 months of the site visit taking place.

14. Without prejudice to Paragraph 2 of Article 13 of this Law, the Ministry shall ensure that the operator takes all the necessary actions identified in the report within a reasonable period.

Article 39. Offences and sanctionspenalties

1. The liability to comply with the conditions of the integrated environmental permit shall be of the operator.

2. Non-compliance with the conditions of the integrated environmental permit will result in fining of the operator. These offences and their sanctions are the following as follows:

a) Carrying out the activity or carrying out a substantial modification of the installation without the required integrated environmental permit, provided that there is serious damage or dete-rioration to the environment or serious danger to the health or safety of persons – will result in a fine of XXXX GEL.

b) Non-compliance with the conditions laid down in the integrated environmental permit, where there is serious damage or deterioration to the environment or serious danger to the health or safety of persons – will result in a fine of XXXX GEL.

[c)] Non-compliance with the obligations arising from the provisional measures provided for in Article 43 41 of this law where it presents a serious danger to human health or the environ-ment – will result in a fine of XXXX GEL.

c)[d)] Carrying out the activity or carrying out a substantial modification of the installation with-out the required integrated environmental permit, without any serious damage or deteriora-tion to the environment or without serious danger to the health or safety of persons – will re-sult in a fine of XXXX GEL.

d)[e)] Non-compliance with the conditions laid down in the integrated environmental permit, without any serious damage or deterioration to the environment or without serious danger to the health or safety of persons, as well as not to take the necessary measures to restore com-

35




pliance at the earliest and thus avoid other possible accidents or incidents – will result in a fine of XXXX GEL.

[f)] Non-compliance with the obligations arising from the provisional measures provided for in Ar-ticle 43 41 of this law where it does not present a serious danger to human health or the envi-ronment – will result in a fine of XXXX GEL

e)[g)] Transmitting the ownership of the integrated environmental permit without communicat-ing it to the Ministry – will result in a fine of XXXX GEL.

f)[h)] Not to report to the Ministry the non-substantial changes made in the installation – will re-sult in a fine of XXXX GEL.

g)[i)] Not to report immediately to the Ministry about any non-compliance with the conditions of the integrated environmental permit, as well as incidents or accidents affecting significantly the environment – will result in a fine of XXXX GEL.

h)[j)] Impeding, delaying or obstructing the inspection or control activity – will result in a fine of XXXX GEL.

i)[k)] The definitive site closure without comply with the obligations established in the integrated environmental permit concerning soil and groundwater pollution – will result in a fine of XXXX GEL.

[l)] Non-compliance with the requirements established in this Llaw and in the sub-legal normative acts by-laws approved according to it, when it is not contemplated in paragraphs a) to k) – will result in a fine of XXXX GEL.

Article 40. Administrative proceeding1. The procedure for establishing of violations and imposing fines under this Law is determined by this Law and the Administrative Offence Code of Georgia.

36




After imposing administrative fine, the Ministry shall determines establish a reasonable time-frame for complying with the conditions of the integrated environmental permit.

2. Despite of imposing the fines provided for in paragraph 2 of Article 4139. 1 , failure to comply with the conditions of the integrated environmental permit within determined term shall result in the triplication of the imposed fine. While imposing fine, the reasonable time-frames and terms will be determined for the operator to comply with the relevant conditions envisaged byprovided for in the integrated environmental permit.

3. After expiring the reasonable time-frames determined from imposing the tripled fine, the amount of the imposed fine will be tripled again, if the operator fails to comply with conditions of the integrated environmental permit.

4. As provided for in Article 40 (4), if an inspection has identified an important case of noncompliance with the permit conditions, an additional site visit shall be carried out within 6 months of that inspection.

5. If despite of imposing the fines under pParagraphs 1 to 3 (1) - (3) of this Article, the operator fails to comply with conditions of the integrated environmental permit, as provided for in Article 3735, the Ministry will revoke the integrated environmental permit.

Article 41. Provisional measures

1. When a penalty procedure has been initiated, the Department of Environmental Supervision of the Ministry , may agree, amongst others, one or more of the following provisional measures:

a) Remedial, security or control measures to prevent the continued risk or damage.

b) Equipment sealing

c) Temporary, partial or total site closure

[d)] Installation shutdown

[e)] Temporary suspension of the permit

2. These provisional measures may be agreed before the agreement decision to initiate the administrative penalty procedure in the terms established by its general regulatory regulation is made.

37

prestamo, 19/11/17,

They do not adopt, at the moment, these provisional measures, so it is up to them to include this article.

prestamo, 19/11/17,

It is important to know if these provisions are according to the Administrative Offence Code of Georgia.It is also important to check the provisions established in the Waste Management Code.




Article 42. Obligation to restore and penalty payments

1. Without prejudice to the penal or administrative sanction/fine imposed, as provided for in the legislation on environmental liability, the offender shall be obliged to restore the damaged natural resources to baseline conditionsor restore things to their condition prior to the offence committed, as well as, if applicable, to pay compensation for damages caused. The compensation for damages caused to the Public Administrations will be determined and collected in administrative way.

2. The offender shall also be obliged to adopt such additional measures as the competent body considers necessary to re-assure compliance with the conditions of the integrated environmental permit and to avoid any other possible incidents or accidents.

3. When the offender does not comply with the obligation of replacement or restoration established in paragraph 1, the competent body may agree to impose penalty payments for an amount not exceeding one-third of the fine provided for the type of offence committed.

CHAPTER IV. TRANSITIONAL AND FINAL PROVISIONS Article 43. Measures related to the enactment of the code

1. The Ministry shall ensure to review the existing environmental technical regulations and submit it to the Government of Georgia, no later than dd mmmm yyyy.

2. The Government of Georgia and the Ministry shall ensure compliance of the relevant sub-legal normative acts by-laws with this Law no later than dd mmmmm yyyy. Existing sub-legal normative acts remain in legal force until their amendment or abolition.

3. No later than dd mmmmm yyyy, the Government of Georgia, by submission of the Ministry of Health Labour and Social Affairs of Georgia, shall issue the legal act required to ensure the competencies of the Health Ministry envisaged by this Law.

Article 44. Conclusive provisions

After enactment of this Law the following laws shall be repealed:a) The Law of Georgia on xxxxxxxxxxxxxxxxxxxxx;b) The Law of Georgia on xxxxxxxxxxxxxxxxxxxxx;c) The Law of Georgia on xxxxxxxxxxxxxxxxxxxxx;

After enactment of this Law the following laws shall be amended:a) The Law of Georgia on ambient air protection and relevant sub-legal normative actsb) The Law of Georgia on water and relevant sub-legal normative acts

38

Monika, 19/11/17,

This is crucial point – somebody from the project team, shall ask the relevant Ministry staff to help with a) identification ALL relevnat technical regulations (some are listed in the results of Activity 1.1.1) and b) some Georgian expert/staff of the ministry shall review the existing regulation and propose, what will remain, what will be deleted and how the IED/BAT technical requirements fit into the regulations which remains.

prestamo, 19/11/17,

It could be an Article. They do not have established in their current legislation the obligation to restore o the penalty payments, so it is up to them to include this article.




c) Waste Management Code of Georgia and relevant sub-legal normative acts[d)] Code on Environmental Assessment and sub-legal normative acts..…

Article 45. Transitional periods for ELVs for existing installations

1. Installations obliged to hold an integrated environmental permit, which hold a construction permit, and/oran operating permit or an environmental impact permit at the day of entry into force of this Llaw shall apply for an integrated environmental permit within 2 1 years from the date listed in paragraph 1 a) of the Article 48 47of this Law . Transitional periods for one or more emission limit values ELVs for specific time frames may be granted established in accordance with deadlines listed in Point c of P paragraph 1 c and paragraph 2 of the Article 48 47of this Law.

2. In case of application of paragraph 1 the permit shall include: = - exemption from paragraphs 2, 5 and 6 of Article 88.2, 8.5 and 8.6 and Point b of paragraph

1 of of Article 14 1.b) in the form of temporary emission values applicable in the transitional period with justification, if necessary ;

- specific conditions for the operation of the installation during the transitional period to limit their potential negative consequences on the environment; - schedule of implementation of the individual measures necessary for achieving the ELV by the end of the transitional period; - monitoring and manner of reporting during the transitional period; - other issues stipulated in the special laws on individual environmental media and areas protection.

3. Installation obliged to hold an integrated environmental permit, which have started the EIA permit procedure or construction permit procedure, but do not operate the installation at the day of entry into force of this law shall apply for an integrated environmental permit within 6 months from the date listed in Article 48 paragraph 1 a).

Article 46. Legal acts to be adopted under this Law

1.The Government of Georgia shall no later than September 1, 2018 adopt:

a) a sub-legal normative act “on special provisions for combustion plants, including the establish-ment of emission limit values for new installations and for existing installations” pursuant to point d) of paragraph 1 of Article 4, to paragraph 3 of Article 8 and to paragraph 3 of Article 9;

b) a sub-legal normative act “on special provisions for installations and activities using organic solvents” pursuant to point d) of paragraph 1 of Article 4, to paragraph 3 of Article 8 and to para-graph 3 of Article 9;

c) a sub-legal normative act “on special provisions for installations producing titanium dioxide” pur-suant to point d) of paragraph 1 of Article 4, to paragraph 3 of Article 8 and to paragraph 3 of

39

Monika, 19/11/17,

This is a group in between new installations and existing installations. They shall comply with requirements of this Law as the new once.

Monika, 19/11/17,

3 monsth is too short period; there needs to be good planning for the Ministry to manage all the existing sites + some new once in the transitional period.Phase-in plan for bringing the existing installation into the system shall be proposed considerint the capacity of the Ministry and time needed for preparation of the applications by industry.




Article 9;

2 Special provisions for waste incineration plants and waste co-incineration plants

a) The special provisions for waste incineration plants and waste co-incineration plants included in the Technical Regulations on Conditions of Waste Incineration and Co-incineration ap-proved by the relevant Decree of the Georgian Government adopted under the Waste Man-agement Code shall be applicable to all installations which incinerate or co-incinerate solid or liquid waste.

b) The general provisions of this Law shall be applicable to waste incineration plants and waste co-inciner-ation plants covered by point 5.2 of the Annex I

Article 4647. Enactment of this Law

[1.] This Law enters into force on dd September 1 2018mmmmm yyyy (within four years of the entry into force of the EU-Georgia Association Agreement), except for:

a) The provisions regarding the implementation of an integrated permit system included in Chapter II, which will enter into force on September 1 2020 (within six years of the entry into force of the EU-Georgia Association Agreement);b) The provisions regarding the establishment of a compliance monitoring mechanism included in Chapter III, which will enter into force on September 1 2020 (within six years of the entry into force of the EU-Georgia Association Agreement);c) Articles 8, 9, 26 and 27 regarding the implementation of BAT considering the BAT conclusions of the BREFs and the application of the associated emissions level for the establishment of the emission limit values, which will enter into force on September 1 2026 (within 12 years of the entry into force of the EU-Georgia Association Agreement);

2. The emissions limit values associated with the best available techniques shall apply, for all the industrial activities set out in Annex I, within 12 years of the entry in force of the Association Agreement.

[2.] From the entry into force of this Llaw until the date established in point c) of this paragraphpara-graph 1 of this Article, the emission limit values established in the current legislation or, in their ab-sence, those established in the permit shall apply.

40




ANNEX ICategories of activities referred to in Article 5

The threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same activity description containing a threshold are operated in the same installation, the capacities of such activities are added together. For waste management activities, this calculation shall apply at the level of activities 5.1, 5.3(a) and 5.3(b).

1. Energy industries1.1. Combustion of fuels in installations with a total rated thermal input of 50 MW or more 1.2. Refining of mineral oil and gas 1.3. Production of coke 1.4. Gasification or liquefaction of:

(a) coal;(b) other fuels in installations with a total rated thermal input of 20 MW or more.

2. Production and processing of metals2.1. Metal ore (including sulphide ore) roasting or sintering 2.2. Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour 2.3. Processing of ferrous metals:

(a) operation of hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour;(b) operation of smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW;(c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.

2.4. Operation of ferrous metal foundries with a production capacity exceeding 20 tonnes per day 2.5. Processing of non-ferrous metals:

(a) production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;(b) melting, including the alloyage, of non-ferrous metals, including recovered products and operation of nonferrous metal foundries, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.

2.6. Surface treatment of metals or plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3

3. Mineral industry3.1. Production of cement, lime and magnesium oxide:

(a) production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day;

41

prestamo, 19/11/17,

We check the annexes and they are the same annexes than in IED Directive




(b) production of lime in kilns with a production capacity exceeding 50 tonnes per day;(c) production of magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.

3.2. Production of asbestos or the manufacture of asbestos-based products 3.3. Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day 3.4. Melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day 3.5. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain with a production capacity exceeding 75 tonnes per day and/or with a kiln capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3

4. Chemical industryFor the purpose of this section, production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in points 4.1 to 4.64.1. Production of 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 and mixtures of esters, acetates, ethers, peroxides and 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;(h) plastic materials (polymers, synthetic fibres and cellulose-based fibres);(i) synthetic rubbers;(j) dyes and pigments;(k) surface-active agents and surfactants.

4.2. Production of 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.

42




4.3. Production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers) 4.4. Production of plant protection products or of biocides 4.5. Production of pharmaceutical products including intermediates 4.6. Production of explosives

5. Waste management5.1. Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities:

(a) biological treatment;(b) physico-chemical treatment;(c) blending or mixing prior to submission to any of the other activities listed in points 5.1 and 5.2;(d) repackaging prior to submission to any of the other activities listed in points 5.1 and 5.2;(e) solvent reclamation/regeneration;(f) recycling/reclamation of inorganic materials other than metals or metal compounds;(g) regeneration of acids or bases;(h) recovery of components used for pollution abatement;(i) recovery of components from catalysts;(j) oil re-refining or other reuses of oil;(k) surface impoundment.

5.2. Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants: (a) for non-hazardous waste with a capacity exceeding 3 tonnes per hour;(b) for hazardous waste with a capacity exceeding 10 tonnes per day.

5.3. (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (1)

(i) biological treatment;(ii) physic-chemical treatment;(iii) pre-treatment of waste for incineration or co-incineration;(iv) treatment of slags and ashes;(v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, and excluding activities covered by Directive 91/271/EEC:(i) biological treatment;(ii) pre-treatment of waste for incineration or co-incineration;(iii) treatment of slags and ashes;(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

43




When the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for this activity shall be 100 tonnes per day.

5.4. Landfills, as defined in Article 2(g) of Council Directive 1999/31/EC of 26 April 1999the relevant Georgian legislation on the construction, operation, closure and after-care of landfills”landfill of waste, receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25 000 tonnes, excluding landfills of inert waste5.5. Temporary storage of hazardous waste not covered under point 5.4 pending any of the activities listed in points 5.1, 5.2, 5.4 and 5.6 with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on the site where the waste is generated 5.6. Underground storage of hazardous waste with a total capacity exceeding 50 tonnes

6. Other activities6.1. Production in industrial installations of:

(a) pulp from timber or other fibrous materials;(b) paper or card board with a production capacity exceeding 20 tonnes per day;(c) one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m3 per day.

6.2. Pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day 6.3. Tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day 6.4. (a) Operating slaughterhouses with a carcass production capacity greater than 50 tonnes per

day(b) Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from:

(i) only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day;(ii) only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

(iii) animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than:

— 75 if A is equal to 10 or more; or, — [300- (22,5 × A)] in any other case,where ‘A’ is the portion of animal material (in percent of weight) of the finished product production capacity.

Packaging shall not be included in the final weight of the product.This subsection shall not apply where the raw material is milk only.

44




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

6.5. Disposal or recycling of animal carcases or animal waste with a treatment capacity exceeding 10 tonnes per day 6.6. Intensive rearing of poultry or pigs:

(a) with more than 40 000 places for poultry;(b) with more than 2 000 places for production pigs (over 30 kg), or(c) with more than 750 places for sows.

6.7. Surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with an organic solvent consumption capacity of more than 150 kg per hour or more than 200 tonnes per year 6.8. Production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitisation 6.9. Capture of CO2 streams from installations covered by this Directive Law for the purposes of geological storage pursuant to Directive 2009/31/ECthe relevant legislation 6.10. Preservation of wood and wood products with chemicals with a production capacity exceeding 75 m3 per day other than exclusively treating against sapstain 6.11. Independently operated treatment of waste water not covered by Directive 91/271/EEC and discharged by an installation covered by Chapter IIthis Law

45




ANNEX IIList of polluting substances

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 including fine particulate matter 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 mixtures 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 mixtures 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 bioac-cumulable organic toxic substances 6. Cyanides 7. Metals and their compounds 8. Arsenic and its compounds 9. Biocides and plant protection products 10. Materials in suspension 11. Substances which contribute to eutrophication (nitrates andin 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.) 13. Substances listed as pollutants in the relevant legislation on waterin Annex X to Directive 2000/60/EC (Water Framework Directive).

46


Annex X (priority substances) of the Water Framework Directive will transposed into Georgian legislation within the timetables foreseen in the EU-Georgia Association Agreement (within four years of the entry into force of the Agreement)




ANNEX III

Criteria for determining best available techniques

1. The use of low-waste technology; 2. The use of less hazardous substances; 3. The furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate; 4. Comparable processes, facilities or methods of operation which have been tried with success on an industrial scale; 5. Technological advances and changes in scientific knowledge and understanding; 6. The nature, effects and volume of the emissions concerned;7. The commissioning dates for new or existing installations;8. The length of time needed to introduce the best available technique; 9. The consumption and nature of raw materials (including water) used in the process and energy efficiency; 10. The need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it; 11. The need to prevent accidents and to minimise the consequences for the environment; 12. Information published by public international organisations.

47




ANNEX IV

Public participation in decision-making

1. The public shall be informed (by public notices or other appropriate means such as electronic media where available) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided:

a) the application for a permit or the proposal for the updating of a permit or of permit conditions in accordance with Articles 2132 and 33, including the description of the elements listed in Article 1920;b) where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between Member Statescountries in accordance with Article 234 and 25;c) details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions;d) the nature of possible decisions or, where there is one, the draft decision;e) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;f) an indication of the times and places where, or means by which, the relevant information will be made available;g) details of the arrangements for public participation and consultation made pursuant to point 5.

2. The Ministry Member States shall ensure that, within appropriate time-frames, the following is made available to the public concerned:

a) in accordance with national lawGeorgian legislation, the main reports and advice issued to the Ministry at the time when the public concerned were informed in accordance with point 1;b) in accordance with the relevant national Georgian legislation on public access to environmental information (approximation to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information), information other than that referred to in point 1 which is relevant for the decision in accordance with Article 5 of this Directive Law and which only becomes available after the time the public concerned was informed in accordance with point 1.

3. The public concerned shall be entitled to express comments and opinions to the Ministry before a decision is taken.

48

Monika, 19/11/17,

This is copy of the IED annex, but it has to be adjusted to be applicable in Georgina system and checked, that the article 23




4. The results of the consultations held pursuant to this Annex must be taken into due account in the taking of a decision.

5. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member StatesGovernment of Georgia. Reasonable time-frames for the different phases shall be provided, allowing sufficient time to inform the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to this Annex.

49

Documents

moe.gov.gemoe.gov.ge/res/images/file-manager/twinning/missio_1_1_2... · Web viewStrengthening the administrative capacities of the Ministry of Environment and Natural Resources Protection