Environmental Permit
The environmental permit is the primary instrument for the advance authoritative control of polluting the environment, see [General Notification Procedure]. The key objective of an environmental permit is to control and limit harmful environmental effects caused by activities as much as possible. In the environmental permit procedure, the permissibility of an activity that poses a risk of environmental pollution and the preconditions and permit regulations for exercising it are resolved in advance by the authorities. Actions performed in accordance with the permit regulations provide the operator with a fairly secure position, since such permit-compliant activity has been established by the authorities to be permitted and lawful.
The subject matter of a permit can range widely, from peat production to nuclear power plants. The grounds for the permit requirement are listed in chapter 4 of the Environmental Protection Act. Some industries are by their nature such that an environmental permit is always required; a list of such industries is set out in Appendix 1 of the Act. In addition to the list of industries, possible pollution of ground water or soil, or possible pollution of water bodies, also triggers a requirement to apply for a permit in advance. As a general rule, remediation measures for contaminated soil are also subject to an environmental permit.
The need for an environmental permit may also arise solely on the basis that the activity may cause unreasonable nuisance to a neighbor, a person residing nearby, or a person possessing a nearby real estate, building or apartment, through e.g. smell, noise, light or other similar effects.
The environmental permit procedure is essential in ensuring citizens’, communities’ and authorities’ right to participate and have access to information. For these purposes the permit application is announced publicly. Relevant authorities are asked for statements regarding the permit and other parties are given the opportunity to state their opinions on the matter.
If the activity fulfils the requirements of the law, the environmental permit applied for is granted for the activity in question. The permit decision also lays down more detailed regulations for the activity to prevent environmental pollution. The application of the best available technology is a key consideration in setting the permit regulations. See further [Environmental Obligations and Best Available Technology (BAT)].
From the operator’s point of view, it is important to note the parallelism of permits: several different permits may be needed for the same activity, for example an environmental permit, a building permit and a permit under the Chemical Safety Act. Applying for the permits is the responsibility of the operator. It should be noted that the order in which the various permits are applied for is, in principle, free, but all permits must be in force once the activity commences. A permit to commence an activity requiring an environmental permit, notwithstanding an appeal, may nevertheless be applied for together with the permit application. Such a permit to commence the activity requires that the applicant provides an acceptable security for restoring the environment, should the permit decision be revoked or the permit regulations be amended on appeal.
Competent authorities regarding environmental permits are the Regional State Administrative Agencies and the municipal authority, which is a board of the municipality, e.g. the Building and Environmental Board. Activities subject to a permit are divided between state and municipal environmental protection authorities’ jurisdiction in the Environmental Protection Decree.