According to the law, the decision on environmental conditions consent for the implementation of the project constitutes the first stage in the investment and construction process of a biogas plant in most cases.
🎯 Purpose of the environmental decision
The primary aim of the environmental decision is to assess the impact of the planned investment on the environment and to determine the conditions that must be met by the investor to minimize adverse effects on nature and human health.
🛠️ As part of the environmental decision, the authority decides whether to grant or deny permission for the implementation of the project and specifies requirements regarding environmental protection and the conditions that must be met by the investor during the implementation and operation of the project. The decision aims to ensure a balance between economic development needs and environmental and human health protection.
❓ When is obtaining the decision required?
Obtaining the environmental decision is required in most cases of biogas investments. The need for it arises before the investor obtains the decision on building conditions and the construction permit.
🌱An exception to conducting an environmental impact assessment and obtaining an environmental decision applies to installations for the production of agricultural biogas with an installed electrical power not exceeding 0.5 MW or producing an equivalent amount of agricultural biogas used for purposes other than electricity production.
📑 Elements of the application for issuing a decision
The procedure for issuing an environmental decision is initiated upon the investor's request. Biogas plants with an installed capacity exceeding 0.5 MW can significantly impact the environment; therefore, the application should include:
🔍 Identification of the applicant with their address,
📄 The request for issuing an environmental decision for a specific project.
The investor should include:
📋 Information card of the biogas plant project,
🗺️ Certified copy of the cadastral map of the planned area and the impact area,
📌 Map indicating the area and impact area with a distance of 100 m from the terrain borders,
📑 Extract from the local zoning plan or information about its absence,
📝 Extract from the land register or another document containing the plot number and land register number,
🌳 List of plots designated for tree and shrub felling,
💰 Cost-benefit analysis (not applicable to installations with a thermal power ≤ 20 MW),
💳 Proof of payment of the treasury fee,
🤝 Power of attorney if acting through a representative.
Despite submitting the Environmental Impact Assessment (EIA) report, the authority may impose the obligation to conduct an Environmental Impact Assessment (EIA), which requires in-depth research into the environmental conditions of the investment's implementation.
🔄 Procedure Flow
After the application is submitted, the authority conducts a detailed assessment to determine compliance with environmental regulations and the need for an Environmental Impact Assessment (EIA). The authority may also impose the obligation to prepare a report, which must contain several key pieces of information.
The Environmental Protection Act imposes specific requirements for the content of the report, including an analysis of the impact of the planned biogas plant on the environment and the risk of accidents. The report must also include a description of the planned project, including detailed information on production processes, anticipated emissions, and impact on biodiversity and natural resources.
The authority reviews the report for compliance with the designated criteria and coordinates it with relevant institutions. Upon a positive assessment of the report, the authority may issue an environmental decision, which may permit the implementation of the planned project.
It is worth emphasizing that the authority may also refuse to issue a decision in certain cases, such as when the project's location is not consistent with the local spatial development plan or when there is a risk of negative impact on environmental objectives, such as Natura 2000 areas. The refusal to issue a decision is not discretionary, and the authority has the right to refuse in specific cases provided by law.
🕒 Duration of Procedure
The standard duration of the procedure is 1 month, but in cases of particularly complicated matters, it can be extended to 2 months. In practice, the timeframe may be even longer due to various factors such as obtaining opinions or suspending the procedure. The decision may also be delayed due to the fault of the party or reasons beyond the control of the authority.
🏛️Competent Authority for Issuing the Decision
The environmental decision is issued by the municipal authority, namely the mayor, city mayor, or city president. This authority may seek opinions from other bodies such as the Regional Director of Environmental Protection or the State Sanitary Inspection.
⏳ Validity Period of the Decision
The environmental decision is valid for 6 years from the date of its final issuance, but there is a possibility to extend this period to 10 years if the applicant or entity determines that the conditions for project implementation are still valid.
💰 Fee for Issuing the Decision
The treasury fee for issuing the environmental decision is 205 PLN, and for the power of attorney - 17 PLN. This fee must be paid at the time of submitting the application.
🔍 Possibility of Appeal
If dissatisfied with the decision, one can lodge an appeal with the Municipal Appeals Board within 2 weeks of its receipt. There is also the option of lodging a complaint with the Provincial Administrative Court, and then with the Supreme Administrative Court.
📱 Possibility of Electronic Application Submission
The application for an environmental decision can be submitted electronically using ePUAP.
📝 Summary:
The provided information pertains to the procedure for obtaining an environmental decision for biogas plants. The first part discusses the purpose and requirements of the environmental decision. The subsequent section outlines the elements of the application, while the third describes the course of the proceedings, the competent authority for issuing the decision, and the fees involved. The final segment includes details on the duration of the proceedings, the validity period of the decision, avenues for appeal, and electronic application submission. Altogether, it presents a comprehensive procedure that must be followed to obtain an environmental decision for biogas plants.
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