Law on Pollution

29

Law On Pollution

Text consolidated by the Ministry of Environmental Protection and Regional Development with amending law of 20 June 2002.

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima has adopted and the President has proclaimed the following Law:

Chapter 1 General Provisions

Section 1 Terms
The following terms are used in this Law:

1)  substantial change - a change in operation which, in the opinion of the permitting authority, may have significant adverse effects on human beings or the environment;
2) change in operation - a change in the nature or functioning of the installation, or its extension, which may have consequences for the environment;
3) emission - the direct or indirect release of substances, vibrations, heat, non-ionising radiation, noise or other discharge from a stationary or diffuse source during a polluting activity that affect or may affect the environment;
4) contaminated military area - a contaminated area, which contains either explosive objects and materials, or toxic or otherwise hazardous substances, which are used or were intended for military purposes;
5) operator - any natural or legal person who operates a polluting activity or is responsible for the technical functioning of this activity or has decisive economic power over the polluting activity concerned;
6) polluting activity - the use of soil and subsoil, water, air, buildings or installations and other stationary objects, which may cause any environmental pollution or risk for accidents, as well as an activity within a contaminated area that may lead to further dissemination of pollution;
7) pollution - the direct or indirect impact of the emission on the environment, which may be harmful to human health, result in damage to material property, create or may create damage on the environment, including ecosystems, impair or interfere with exploitation of natural resources or other legitimate uses of the environment;

8) contaminated area – soil, subsoil, water, sediments, as well as buildings, production units or other objects, which contain pollutants;

9) potentially contaminated area – soil, subsoil, water, sediments, as well as buildings, production units, or other objects that, according to unverified information, may contain pollutants;
10) remediation – clean-up and rehabilitation of a contaminated area to the level where, as the minimum, human health or the environment is no longer endangered and where the area can be used for the certain economic activity;
11) technology – set of technical methods and modes used to achieve some specific purpose or result, including application of patents, trademarks, licences, technical developments, as well as use of special machinery and equipment;
12) substance - any chemical element or its compounds.

Section 2 Purpose

The purpose of this Law is to prevent or reduce damage on human health, property and the environment caused by pollution, to counteract consequences of such damage and:

1) to prevent pollution or, where that is not possible, to reduce emissions to air, water and soil arising from polluting activities;
2) to prevent or, where that is not possible, to reduce the use of non-renewable natural resources and energy for polluting activities;
3) to prevent or, where that is not possible, to minimise generation of waste;
4) to provide for inventory and registration of contaminated and potentially contaminated areas lying within the national territory;
5) to determine the measures for investigation of contaminated and potentially contaminated areas and for remediation of contaminated areas;
6) to identify the persons, who shall cover the costs of investigation of contaminated and potentially contaminated areas and the costs of remediation of contaminated areas.

Section 3 Scope of Law

(1) This Law determines pollution prevention and control requirements on the operator and a procedure for pollution prevention and control, including, inter alia:

1)  requirements for start-up, operation and cessation of polluting activities;
2) requirements to be followed during permitting of polluting activities and water use, and a notification procedure for those polluting activities, which are not subject to authorisation;
3) a procedure for laying down environmental quality standards;
4) a procedure for laying down emission limit values for certain substances, conditions on polluting activities and other restrictions on the operation of polluting activities;
5) a procedure for inventory, registration, investigation, and remediation of contaminated areas;

6) conditions on supervision, control and monitoring of polluting activities and a public information procedure.

(2) This Law applies also to the mobile sources of pollution, identified by the Cabinet of Ministers.

(3) Activities involving radioactive substances, nuclear waste, sources of ionising radiation, and genetically modified organisms are regulated by other legislation.

Chapter 2 Requirements and conditions for operation of a polluting activity

Section 4 Requirements for operation of a polluting activity

During a polluting activity, the operator shall respect its specific character and shall comply with the following requirements:

1) to take the measures to prevent pollution or reduce emissions;
2) to ensure compliance with environmental quality standards;
3) to monitor the polluting activity;
4) to provide environmental authorities and other public institutions, local governments and general public with the information required by this Law and other legislation;
5) to comply with the requirements related to location of a polluting activity;
6) to gather the information about the impact on human health and the environment, which may be caused by the polluting activity, and to provide the necessary information to the employees, who carry out this activity;
7) to comply with the conditions of Section 11.

Section 5 Preventive measures

The operator and responsible public and local institutions shall take appropriate preventive measures to prevent or, where that is not possible, to reduce environmental pollution or the risk for pollution and the risk for accidents. Preventive measures shall include:

1) use of available technical means and organisational measures in all parts and processes of the polluting activity;
2) where appropriate, limitation or suspension of the production or other activities for a certain period of time due to weather conditions or otherwise;
3) limiting or avoiding the use of non-renewable natural resources and energy and limiting or avoiding generation of waste within the whole cycle of substances and materials through reuse and recycling of substances and materials or other measures;
4) avoiding handling of chemical substances, chemical preparations and organisms, if there are

substitutes available that are less hazardous to human life, health or the environment;
5) assessment of the risk for accidents and taking the necessary measures to counteract accidents or to reduce the consequences in the case of the accident;
6) where appropriate, cessation of a polluting activity and immediate remediation of the contaminated area;
7) the measures necessary to preclude dissemination of pollution; investigation and remediation of the contaminated area as well as monitoring of the polluting activity;
8) the requirement to apply best available techniques if the operator carries out any polluting activity referred to in Annex to this Law.

Section 6 Knowledge and duty to provide information

(1) Before start-up of a polluting activity or substantial change in it, the operator shall collect information about its possible impact on human health and the environment.

(2) The operator shall provide the employees, who carry out a polluting activity, with necessary knowledge about the operation of this activity and its possible impact on human health and the environment, about preventive measures designed to restrict this impact and the action to be taken in the case of accident.

(3) The operator has the duty to inform environmental authorities, which, in accordance with this Law, are responsible for permitting and control, and general public and relevant local government about the results of the monitoring required by the permit and about the impact on human health and the environment caused by the polluting activity.

(4) The operator shall inform the relevant Regional Environmental Board if the permit conditions are violated or further compliance with the permit conditions is jeopardised. Section 7 Monitoring of a polluting activity

The operator shall monitor a polluting activity and in particular such processes, which directly lead to environmental pollution or risk for pollution. To identify trends of environmental changes, the operator shall ensure environmental monitoring in the area, which may be affected

by the polluting activity.

[20 June 2002]

Section 8 Location of a polluting activity

(1) Prior to start-up of a polluting activity, which, in accordance with this Law, is subject to authorisation, the operator shall evaluate alternative sites available for operation of this activity. This requirement applies to the polluting activity as a whole, to specific processes and to emission points. A polluting activity, or a part of it, shall be located at a site where it will cause the least adverse impact on human health and the environment.

(2) Paragraph one shall not apply to the polluting activities, which location, [applicable] techniques and technologies and impact on the environment have been evaluated in accordance with the Law on Environmental Impact Assessment.

Section 9 Cost efficiency

The operator shall implement the measures and requirements prescribed in Section 5, 6, 7 and 8 taking into consideration that their total implementation costs should not be excessive in relation to the expected positive environmental effects and that compliance with environmental quality standards shall be ensured.

Section 10 Emission limit values and emission standards

(1) Emission limit value means the maximum amount of the emitted substance or other factors expressed in terms of certain specific parameters (concentration or a level of emission), which may not be exceeded during one or more periods of time or under normal operating conditions. Emission limit values shall be laid down for certain substances or groups of substances.

(2) The emission limit values shall normally apply at the point where the emission leaves the installation, moreover, any dilution being disregarded when determining them.

(3) For emission limit values for discharges into water arising from the installation concerned, the effect of a water treatment plant shall be taken into account, provided this does not lead to the higher levels of environmental pollution.

(4) Emission standard means the amount of the emitted substance fixed in the permit or other factors expressed in terms of certain specific parameters (concentration or level of emission), which may not be exceeded during one or more periods of time, or the amount or concentration of the emitted substance, which may not be exceeded under normal operating conditions and which shall not exceed relevant emission limit value.

Section 11 Requirements for operation of a polluting activity

(1) During a polluting activity, the operator of shall comply with:

1) the prohibition to emit certain pollutants into the environment;
2) emission limit values and emission standards for certain types of pollutants;
3) a procedure for reduction, prevention or control of emissions arising from certain economic activities or related to specific installations or substances;
4) a conformity assessment procedure for installations or groups of installations, which emit specific pollutants.

(2) To ensure compliance with the conditions of Paragraph one, the Cabinet of Ministers shall determine:

1) a procedure for prevention, limitation and control of emissions of air pollutants from stationary sources;
2) emission limit values for waste water and prohibitions to emit pollutants into water;
3) regulations on the water and soil protection against pollution caused by nitrates from agricultural sources;
4) regulations on noise emissions from outdoor installations;
5) regulations on air emissions caused by non-road mobile machinery;
6) regulations on environmental pollution caused by production of asbestos and its products;
7) regulations on the requirements to be imposed on waste incineration and operation of waste incinerators.
(3) The Cabinet of Ministers shall determine maximum total acceptable [level of] air emissions in Latvia within a certain period of time and for certain types of pollutants.
[20 June 2002]

Chapter 3 Environmental quality standards and implementation
programmes for environmental quality standards

Section 12 Environmental quality and environmental quality standards

(1) Environmental quality shall be determined through comparison with the desired quality of air, surface water, groundwater, soil and subsoil or other environmental components; to ensure achievement of such quality, environmental quality standards shall be determined, expressed in terms of measurable parameters.

(2) To prevent damage to human health or the environment and to ensure conservation of biological diversity in a long time perspective, taking into account also a safety margin, the Cabinet of Ministers shall lay down standards of air, surface water, groundwater and soil quality, which shall specify:

1) the date when the standards shall be complied with and the area where they shall apply;
2) the highest and lowest acceptable levels for existence of substances, noise, organisms or other nuisances in the environment or the values pointing at their existence;
3) definite parameters, monitoring procedure and methods that indicates whether the relevant standards are breached;
4) the measures to be taken where the standards have been breached.

(3) The environmental quality standards, laid down by legislation, may be achieved gradually through several definite transitional periods.

Section 13 Limit values and guide values

(1) Environmental quality standards are subdivided into limit values and guide values.

(2) The limit values shall be legally binding to any operator who is carrying out or planning a polluting activity if emissions arising from this activity may affect the area concerned.

(3) Environmental authorities shall take into account the guide values when they are deciding about the issuing of the permit and about conditions for application of best available techniques, as well as when they are controlling polluting activities.
(4) When carrying out a polluting activity, the operator shall limit emissions so that they do not exceed guide values or, in case if they are exceeded, the operator shall gradually reduce the emissions until the relevant guide values are complied with.
[20 June 2002]

Section 14 Restrictions on start-up of a polluting activity