The frequency of inspections of compliance with the terms of the integrated environmental permit by the operator of the facility will be as follows: 1 time per year for high-risk facilities, 1 time per 2 years for facilities with an average risk, and 1 time per 3 years if the risk is insignificant.
Such terms are proposed by the Ministry of Environmental Protection and Natural Resources of Ukraine in the published draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 182 of March 6, 2019”.
Article 20 of the Law of Ukraine “On Integrated Industrial Pollution Prevention and Control” stipulates that the frequency of such inspections is determined on the basis of a systematic assessment of environmental risks and does not exceed 1 year for facilities with the highest risk level, and 3 years for facilities with the lowest risk level.
The new draft resolution provides for the specification of these terms. In addition, the Ministry of Ecology proposes to supplement and expand the criteria for assessing the degree of risk from economic activity.
The same Article 20 stipulates that a systematic assessment of environmental risks is carried out on the basis of criteria that assess the degree of risk from economic activity. These criteria take into account
- the potential and actual negative impact of the facility on human life and health and the environment, including the levels and types of emissions, the sensitivity of the local environment and the risk of accidents
- the practice of compliance (non-compliance) by the facility operator with the terms of the integrated environmental permit.
Each criterion indicator is assessed by a certain number of points.
What new indicators for the criteria should be expected
The Ministry of Ecology proposes to expand the list of indicators with the following additional subparagraphs:
28-1) carrying out one or more activities at the facility in accordance with the list of activities that require an integrated environmental permit (39 points);
1-1) failure to comply with the terms of the integrated environmental permit during the operation of the facility (39 points);
1-2) failure to submit or untimely submission of the facility operator's report on compliance with the terms of the integrated environmental permit, violation of the obligation to store information on the basis of which the facility operator's report on compliance with the terms of the integrated environmental permit was prepared (30 points);
54-1) failure to submit, untimely submission of the operator's report, submission of inaccurate data in the operator's report in accordance with the Law of Ukraine “On the National Register of Pollutant Emissions and Transfers” (30 points);
54-2) violation of the obligation to submit documents required for state registration, revocation of state registration of facilities, as well as amendments to the Register in accordance with the Law of Ukraine “On the National Register of Pollutant Emissions and Transfers” (30 points);
54-3) violation of the obligation to ensure the quality of data provided to the authorized body (completeness, consistency and reliability) on emissions and transfers of pollutants and waste in accordance with the Law of Ukraine “On the National Pollutant Emissions and Transfers Register” (18 points);
54-4) violation of the obligations to record and store supporting documentation, description of the authorized methodology used to collect data included in the operator's report in accordance with the Law of Ukraine “On the National Register of Pollutant Emissions and Transfers” (17 points);
54-5) violation of the obligation to publish the operator's report on its website, as well as to provide it at the request of any person in accordance with the Law of Ukraine “On the National Register of Pollutant Emissions and Transfers” (15 points).
Recently it became known how the register of integrated environmental permits will function.
