Permit for emissions of pollutants into the atmosphere

A permit for emissions of pollutants into the atmosphere is an official document that grants enterprises, institutions, organizations and citizens the right to operate facilities from which pollutants or their mixtures enter the atmosphere. Obtaining this document is possible only in cases where the established standards for maximum permissible emissions are met. This also applies to the requirements imposed on technological processes in terms of limiting the aforementioned emissions within the period specified in the relevant permit. If you are interested in consultation or legal support on this issue, the specialists of the law firm “Prikhodko&Partners” will take on this important work.

Who issues this permit and what is the procedure for obtaining it?

Issuing the relevant permit is within the competence of the Ministry of Environmental Protection and Natural Resources of Ukraine, as well as the Kyiv and regional local state administrations. Thus, issuing a permit for emissions of pollutants into the atmosphere is entrusted to the executive authorities.
An application can be submitted both in person and by registered letter. The legislation also provides for the possibility of doing this through your legal representative. The list of documents for obtaining the specified permit is as follows:

• application for issuance of a permit;
• documents justifying the volume of pollutant emissions;
• notification of the intention to obtain a permit.

The second item in this list is particularly important, because it is important for regulatory authorities to understand that the standards for maximum permissible emissions will be complied with. Otherwise, issuing such permits on a mass scale and in the absence of any obligations on the part of those who receive them would lead to a significant deterioration of the environmental situation. That is why there is quite strict control in these matters.

Conditions for granting a permit

The conditions for obtaining a permit are as follows:

1. when it comes to business entities of the first group, the permit is issued by representatives of the Ministry of Environment, and it is approved by the State Service for the Supervision of Food and Consumer Protection of Ukraine;
2. if the permit is obtained by a business entity of the second or third group, then in this case it is issued by the regional or Kyiv State Administration.

Such a permit is issued for no less than 5 years. It is obtained in the following algorithm:

• the business entity draws up a relevant application;
• it prepares documents justifying the volumes of pollutant emissions;
• the entity conducts an inventory of stationary sources that produce such emissions;
• it indicates the types and volumes of pollutants, and also assesses their impact on the air quality.

The business entity must also develop a plan of measures aimed at:

• not exceeding the maximum permissible emission standards;
• ensure the protection of atmospheric air in case of emergencies (both man-made and natural);
• eliminate the causes and consequences of air pollution;
• prevent the exceeding of emission standards that are maximum permissible;
• assess the costs associated with the implementation of planned measures to prevent air pollution.

An applicant who wants to obtain an appropriate permit can, when preparing documents justifying the volume of emissions, contact the specialists of the Ministry of Ecoenergy. As you can see, the current legislation regulates issues related to emissions of pollutants into the atmosphere quite carefully. Therefore, when a business entity needs to obtain an appropriate permit, such a case should be accompanied by a reliable lawyer who will help really competently from the moment of collecting documents and writing an application and ending with obtaining a permit.

Grounds for refusal to grant a permit

The relevant permit may be refused for the following reasons:

• incomplete list of documents;
• non-compliance with technological requirements related to limiting pollutant emissions;
• exceeding the established environmental safety standards during the validity of the permit;
• exceeding the standards for permissible emissions from stationary sources.

These are the reasons why authorized state bodies refuse to issue the relevant permit.

How will we become useful?

Lawyers and advocates of the law firm “Prikhodko&Partners” regularly work with client requests for obtaining permits and licenses in various areas:

Consulting. We will answer your relevant questions related to obtaining a permit.

Legal support. For example, this may be a service in the format of obtaining a permit for pollutant emissions on a turnkey basis, where we will comprehensively perform all the necessary actions that lead to the result.

Representation in court. If you are unjustifiably denied such a permit, we will protect your interests in court.

To consult with a specialist regarding obtaining a permit for emissions of pollutants into the atmospheric air – fill out the feedback form and our lawyer will contact you shortly.