Integrated permits
We provide full support in obtaining/ changing the integrated permit pursuant to Art. 181 of Environmental Protection Law, for the installations, set out in the Annex to the Regulation of the Minister of the Environment on the types of installations which may cause significant pollution of the individual elements of nature or the environment as a whole (OJ 2014 item 1169).
Detailed scope of services:
- integrated permits
- risk analysis
- preliminary reports
For every integrated permit application entrusted to us, we provide:
- Ongoing active supervision of the proceedings the issuance of an integrated permit, based on the granted power of attorney.
- All necessary substantive arrangements with the environmental protection authority (Marshal’s Office, County Offices, City Mayor) regarding the determination of the provisions of the decision, as well as any comments and supplements.
- Unlimited formal and legal consultations provided by our specialists within the scope of the proceedings, based on extensive administrative experience and practical expertise (case studies).
- Regular meetings and coordination with the architectural and design office and the process engineer.
- Conducting public consultations and mediation with local associations and residents.
- Each case is conducted on the basis of the power of attorney, until the final administrative decision.
Key information on permits
Below you will find the most important information related to integrated permits. We have prepared a compendium of knowledge concerning investors’ obligations, the course of the entire process, and the related requirements, such as the preparation of an initial report. In the further part of the page, we have also included information regarding our work and role in the proceedings, as well as a detailed scope of Eko-Projekt’s services.
Integrated permit – what is it?
An integrated permit is a specific type of a form of a license for conducting industrial activities, granted for various types of installations (industrial, livestock, municipal wastewater treatment plants, etc.). They were introduced into European Union law by the so-called IPPC Directive (Integrated Pollution Prevention and Control), i.e. Directive 96/61/EC of 1996, and were subsequently replaced by the IED Directive (Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions).
After Poland’s accession to the European Union, this legislation was adapted into Polish law in accordance with the provisions of the Environmental Protection Law Act of 27 April 2001 (Journal of Laws of 2008, No. 25, item 150, as amended).
In simplified terms, integrated permits confirm that investors operating industrial installations comply with environmental protection requirements arising from applicable legal regulations.
Integrated permit – what does it include?
Integrated permits have replaced the individual environmental permits that were previously in force. They combine all types of environmental impacts that were previously specified in individual permits and define the interrelations between them. They therefore include requirements that were previously specified separately for permits concerning the emission of gases or dust into the air, the discharge of wastewater into water or soil, water abstraction, and waste generation.
An integrated permit specifies, among other things:
- the permitted emission levels of gases;
- the permitted noise emission levels;
- the quantity and composition of wastewater;
- the amount of water used and the conditions for the abstraction of surface water;
- measures aimed at preventing emissions to soil, land, and groundwater, as well as the method of their systematic monitoring;
- methods for limiting transboundary environmental impacts;
- methods for limiting the effects of accidents;
- procedures to be followed in the event of the cessation of installation operation;
- the scope, method, and deadline for submitting annual information to the competent authorities enabling the assessment of compliance with the conditions specified in the permit.
Integrated permit – when is it required?
The obligation to obtain an integrated permit applies to all installations whose operation – due to the type and scale of the activity carried out – may lead to significant pollution of individual environmental components or the environment understood as a whole.
Importantly an integrated permit is issued for an installation, not for an entire plant. There may be more than one installation within a plant – in such a case, it is necessary to obtain a separate integrated permit for each of them or to cover all of them under a single permit.
Pursuant to the Environmental Protection Law Act of 27 April 2001, an installation is understood as:
- a stationary technical device or a set of such devices, technologically connected, operated by the same entity and located within a single plant;
- structuresthat do not constitute technical devices or sets thereof, the operation of which may result in emissions into the environment.
Detailed types of installations requiring an integrated permit are specified in the annex to the Regulation of the Minister of the Environment of 27 August 2014 (Journal of Laws of 2014, item 1169) on types of installations that may cause significant pollution of individual environmental components or the environment as a whole.
Integrated permit – who issues it?
An integrated permit is issued upon application by the operator of the installation (i.e. the entity entitled to operate a given installation for its use), an entity operating specific parts of an installation, or an entity intending to carry out a new installation.
The application required for issuing an integrated permit should be submitted to the environmental protection authority competent for the location of the installation to which the permit applies. Such an authority may be:
- the city mayor or the county head (starosta) – in the case of cities with county rights;
- the marshal of the voivodeship – in the case of installations classified as having a significant environmental impact or regional municipal waste treatment installations specified in the voivodeship waste management plan (RIPOK);
- the regional director for environmental protection – in the case of installations located in closed areas;
- environmental protection authority authorized to issue a decision approving the extractive waste management program – in the case of installations related to waste other than extractive waste, generated at the place of mineral extraction from deposits, as well as its storage and processing.
How to obtain an integrated permit?
The process of obtaining an integrated permit is complex and may involve additional administrative proceedings – such as the establishment of a limited use area, transboundary impact proceedings originating from the territory of Poland, compensation proceedings, or the establishment of financial security. It is therefore advisable to entrust the entire process to a specialized external company such as Eko-Projekt.
Eko-Projekt is an interdisciplinary team of professionals with extensive experience in carrying out projects for the largest Polish enterprises. We are specialists in this niche field, which enables us to guarantee you the highest quality of documentation and competent project management, focused on minimizing the time required for obtaining the decision.
We manage our projects – from the outset until the final administrative decision is obtained – under a granted power of attorney.
In addition, we perform risk analysis and the preliminary reports based on accredited intakes and laboratory testings based on Regulation of the Minister of the Environment of 1 September 2016 on how to conduct the assessment of contamination of the surface of the earth. You can find our detailed offer below.
Detailed scope of services:
- Preparation of applications for the issuance or amendment of integrated permits in accordance with the IED Directive (Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions).
- Consultations and analyses concerning:
- the necessity of obtaining or amending an integrated permit;
- being subject to the requirement to apply Best Available Techniques (BAT) – standards and conclusions (in accordance with the IPPC Directive);
- the inclusion and exclusion of associated and peripheral installations in the integrated permit;
- the justification of other formal and legal matters related to integrated permits and the IED Directive (Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions).
- Conducting accredited emission measurements to air, wastewater, and noise levels as part of installation self-monitoring – in accordance with the IED Directive and monitoring requirements specified in the BAT conclusions.
- Conducting IED risk analysis and analysis of the necessity of preparing a full initial report.
- Preparation of initial reports for integrated permits in full scope, in accordance with the IED Directive, including:
- definition of the sampling grid, qualitative and quantitative selection of parameters, sampling and chemical analysis of samples;
- historical site assessment (report on historical soil contamination); investigation and graphical analysis of the installation site with regard to releases of hazardous substances.
Environmental Protection Law: integrated permits and initial reports – a compendium of knowledge
Below you will find detailed information on integrated permits and initial reports. We hope that in the compendium we have prepared, you will find answers to all your questions.
Integrated permit and multiple installations
An entity operating more than one installation affecting the environment may obtain a single permit covering all installations within the plant or separate integrated permits for each installation – at its own discretionIt is also permissible for an entity to use the environment on the basis of an integrated permit issued for installations that require it, and sectoral permits for the remaining installations.
Which installations are subject to the obligation to obtain an integrated permit?
Installations related to energy activities and fuels:
- combustion installations with a rated thermal input of at least 50 MW;
- used for the refining of gas or crude oil;
- used for the liquefaction and gasification of coal and fuels, with a rated thermal input of at least 20 MW.
Installations related to the production and processing of metals:
- used for the roasting or sintering of metal ores (including sulphide ores);
- used for the production of pig iron and crude steel (primary or secondary), as well as for the continuous casting of steel, with a production capacity of 2.5 tonnes per hour;
- used for the processing of ferrous metals or steel by hot rolling (with a production capacity of 20 tonnes per hour), forging with hammers (exceeding 50 kJ, with a total thermal input of at least 20 MW), and the application of metallic coatings (exceeding 2 tonnes per hour);
- used for the casting of ferrous alloys and steel;
- used for the melting and alloying of non-ferrous metals and recycled metals, as well as for the casting of non-ferrous metals (with a production capacity of 20 tonnes per hour and 4 tonnes per hour for lead and cadmium);
- used for the production of non-ferrous metals from secondary raw materials (e.g. materials resulting from chemical processes), as well as from metal ores and concentrates;
- used for the surface treatment of materials made of plastics.
Installations related to the mineral industry:
- used for the production of lime, magnesium oxide (kilns with a production capacity exceeding 50 tonnes per day) or cement clinker (rotary kilns with a production capacity of at least 500 tonnes per day or other kilns with a production capacity exceeding 50 tonnes per day);
- used for the production of asbestos products;
- used for the production of glass;
- used for the melting of mineral substances and the production of mineral fibres (with a minimum production capacity of 20 tonnes per day);
- used for the production of ceramics (with a minimum production capacity of 75 tonnes per day).
Installations related to the chemical industry, using or producing:
- organic chemical substances (including hydrocarbons, nitrogen compounds, plastics);
- inorganic chemical substances (including acids, gases, bases, salts);
- plant protection products;
- biocidal products;
- single- and multi-component fertilizers (based on phosphorus, nitrogen or potassium);
- explosives;
- pharmaceutical raw materials;
- medicinal products.
Installations related to waste management:
- used for the disposal or recovery of hazardous waste (with a minimum capacity of 10 tonnes per day), by means of biological, physico-chemical processes or a combination of technologies, repackaging, regeneration or recovery of solvents, regeneration of acids or bases, recycling or recovery of inorganic materials (excluding metals and metal compounds), decontamination, recovery of components from catalysts, oil re-refining, and surface impoundment;
- used for the thermal treatment of hazardous waste (with a minimum capacity of 10 tonnes per day) and other types of waste (with a minimum capacity of 3 tonnes per day);
- used for the disposal of non-hazardous waste (excluding municipal wastewater) by means of biological or physico-chemical processes, pre-treatment of waste intended for thermal treatment, treatment of ash and slag, shredding processes, as well as disposal and recovery using anaerobic digestion (with a minimum capacity of 100 tonnes per day);
- used for the landfill of waste (at least 10 tonnes per day or with a minimum capacity of 25,000 tonnes) – excluding inert waste and extractive waste;
- used for the storage of hazardous waste, with a capacity of at least 50 tonnes – excluding the storage of waste at the place of its generation.
Other types of installations:
- used for wastewater treatment – other than municipal treatment;
- used for the production of pulp from fibrous materials, wood, paper, and cardboard (with a minimum production capacity of 20 tonnes per day);
- used for the production of fibreboard, particle board, hardboard, and oriented strand board (at least 600 m³ per day);
- used in the processing or dyeing of fibres and textiles (with a minimum production capacity of 10 tonnes per day);
- used for tanning hides and skins (with a production capacity of at least 12 tonnes per day);
- used for the slaughter of animals (a minimum of 50 carcasses per day);
- used for the processing and treatment (excluding packaging processes) of feed and food products produced from raw materials of animal origin, excluding milk (at least 75 tonnes per day), and from raw materials of plant origin (300–600 tonnes per day);
- used for the processing and treatment of milk (with a minimum production capacity of 200 tonnes per day);
- used for the disposal of animal carcasses and animal by-products (at least 10 tonnes per day);
- used for the rearing and breeding of pigs and poultry;
- used for the surface treatment of substances and products using organic solvents (minimum solvent consumption of 200 tonnes per year);
- used for the production of elemental carbon;
- used for the production of electrographite in electrographitization or calcination processes;
- used for the capture of carbon dioxide streams;
- used for the conversion of wood and wood products using chemical agents (at least 75 m³ per day).
Which installations may be exempt from the obligation to obtain an integrated permit?
As mentioned earlier, an integrated permit is required for installations which, due to the type and scale of the activity carried out, may contribute to the pollution of individual environmental components or the environment as a whole. Detailed information on installations subject to this obligation is set out in the Regulation of the Minister of the Environment of 27 August 2014 on types of installations that may cause significant pollution of individual environmental components or the environment as a whole (Journal of Laws of 2014, item 1169). The regulation specifies the types of installations that may cause particular types of pollution.
From the obligation to obtain an integrated permit are exempt installations (or parts of installations) used solely for the purpose of research, development, or testing of new products or technological processes.
Obligation to prepare an initial report
In certain cases, an entity applying for an integrated permit is required to attach an initial report to the application. When does this obligation arise? The applicant should assess whether there is a real risk of contamination at the site where the installation is located. If such a risk exists, the applicant is required to prepare and attach to the application an initial report on the state of contamination of soil, land, and groundwater by hazardous substances.
Who can prepare an initial report?
The Environmental Protection Law does not specify who should be the author of an initial report. It is generally accepted that the report may be prepared by any person with appropriate knowledge (although there is no requirement to formally confirm such qualifications). However, the legislator clearly defines the requirements for the studies conducted during the preparation of the initial report.. Zostały one szczegółowo przedstawione w artykule 127a, ustęp 1, punkt 1 ustawy Prawo ochrony środowiska (Dz. U. z roku 2016, pozycja 672).
Application for an integrated permit – requirements
Article 208 of the Environmental Protection Law specifies additional, optional and mandatory formal requirements that an application for a permit must meet (in addition to the requirements set out in Article 181).
In addition, a number of documents must be attached to the application for an integrated permit, including:
- proof of payment of the registration fee;
- a major accident prevention program;
- a safety report;
- an initial report on the state of contamination (or an analysis confirming that it is not required);
- a cadastral map;
- a fire protection report along with an approval decision;
- certificates of no criminal record;
- a power of attorney for administrative matters
Registration fee
In order for an application for an integrated permit to be considered, it is necessary to pay a registration feewhich is understood as a fee for specific administrative activities. If the appropriate amount is not paid at the time of submitting the application, the authority to which the application was submitted should set a deadline of 7 or 14 days for payment. If the entity fails to fulfil this obligation, the application will be returned (however, the entity is entitled to lodge a complaint against this decision if it considers it unjustified).
How to submit an application for an integrated permit?
The application should be submitted to the environmental authority competent for the location of the installation. It should be prepared in two hard copies and in electronic form (stored on a data carrier, e.g. a CD).
If the administrative authority identifies formal deficiencies in the application, it should request the applicant to remedy them within 7 days, in accordance with Article 64 § 2 of the Code of Administrative Procedure – under penalty of leaving the application unexamined.
Permit for the use of the environment – parties to the proceedings
In proceedings for the issuance of an integrated permit for the use of the environment, the parties are:
- the operator of the installation;
- the owner of the land in question (in the case of establishing a limited use area);
- the public – in accordance with Article 218 of the Environmental Protection Law and the Act of 3 October 2008 on access to environmental information and its protection, public participation in environmental protection, and environmental impact assessments (Journal of Laws of 2016, item 353);
- environmental organizations – in accordance with Article 44(1) of the above-mentioned Act.
Emission conditions in an integrated permit
We wniosku o wydanie pozwolenia należy określić warunki emisji, przez które rozumie się zbiór pozwoleń sektorowych, które zostały wskazane w art. 181 ust. 1 pkt 1-4 Ustawy Prawo ochrony środowiska, oraz pozwoleń wodnoprawnych na pobieranie wody (zgodnie z prawem wodnym).
Integrated permit – obligation to carry out measurements
In an integrated permit, the environmental protection authority specifies the obligation to carry out measurements enabling the assessment of the state of the environment at the location of the installation. The situations in which the authority should impose such an obligation, as well as the environmental components and the frequency of their monitoring, are set out in Article 217a of the Environmental Protection Law Act.
Attention! The obligation to carry out measurements does not apply where the entity has been required to prepare an initial report.
Obligation to use Best Available Techniques (BAT) and emission standards
Installations for which an integrated permit is issued must meet specific technical requirements. These primarily include:
- Best available techniquein accordance with Article 3(10) of the Environmental Protection Law. Detailed provisions regarding the Best Available Technique in relation to the issuance of an integrated permit are set out in Articles 207(1) and 207(1a) of the Environmental Protection Law. The process of selecting a specific technique and its justification should be included in the application for an integrated permit.
How to access current information on Best Available Techniques (BAT)? The Minister of Environmental Protection creates a collection containing information on Best Available Techniques, BAT conclusions, and BAT reference documents. This collection can be made available upon request from the interested entity.
- Not exceeding the emission limit values (with certain exceptions), in accordance with Article 204(2) of the Environmental Protection Law. The possibility of deviating from emission standards remains within the competence of the administrative authority; however, it must always be properly justified, taking into account the public interest and the legitimacy of the applicant’s interest in obtaining the permit. The criteria that may serve as a basis for the authority to deviate from emission standards are specified in the Environmental Protection Law.
Attention! Stosowanie najlepszej dostępnej techniki nie zwalnia podmiotu z obowiązku dotrzymania standardów wielkości emisji zanieczyszczeń na terenie, na którym prowadzona jest instalacja.
Issuance of an integrated permit
The issuance of an integrated permit should take place within 6 months from the date of submission of the application.. The administrative authority is obliged to forward the electronic version of the issued permit to the Minister of the Environment.
IED directive – key information
The currently applicable IED Directive on integrated pollution prevention and control introduces the following legal changes:
- reduction of allowable emission limits for waste incineration and titanium dioxide production;
- increased transparency of activities related to the issuance of integrated permits;
- heightened documentation requirements for cases of issuing integrated permits to entities that need to use flexibility margins (e.g., exceeding emission standards);
- increased importance of Best Available Techniques (BAT) to harmonize business operation standards across the European Union;
- expansion of the obligation to obtain an integrated permit to a larger pool of entities;
- increased investment in the implementation of thematic strategies;
- reduction of the negative impact of industrial installations on environmental components or the environment as a whole;
- simplification of legislative actions and reduction of administrative costs associated with issuing integrated permits.
We are looking forward to doing business with you!
