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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 724

Adopted 25 November 2014

Regulations Regarding the Methods for Determination of the Odours Caused by Polluting Activity, as well as the Procedures for Restricting the Spread of such Odours

Issued pursuant to
Section 11, Paragraph two, Clause 8
of the Law On Pollution

I. General Provisions

1. This Regulation prescribes:

1.1. the methods for determination of the odours caused by polluting activity; and

1.2. the procedures for restricting the spread of the odours caused by polluting activity.

2. Terms used in this Regulation:

2.1. odour unit (ouE) - the quantity of a malodorous substance, which, when vaporised in one cubic metre of neutral gas, at standard conditions induces a physiological reaction in the olfactory organs for at least half of the members of the odour evaluation panel;

2.2. odour evaluation panel - a group of persons, which has been established according to the base (benchmark) method referred to in Paragraph 5 of this Regulation;

2.3. odour concentration - the number of odour units (ouE) in one cubic metre of gas at standard conditions (gas at 293°K temperature, if pressure is 101,3 kPa);

2.4. odour guideline value - air quality standard for odours in the outdoors troposphere (excluding work environment), which causes or may cause permanent or periodic odour nuisance and which is expressed as odour concentration (ouE/m3) at standard conditions as the average odour concentration in an hour;

2.5. odour threshold - such concentration of a malodorous substance, if at least half of the participants of the odour evaluation panel (in accordance with the base (benchmark) method conditions referred to in Paragraph 5 of this Regulation) confirm the presence of an odour and if it is 1 ouE/m3;

2.6. odour nuisance - such odour, which causes negative effect on human wellbeing. The odour nuisance threshold exceeds the odour threshold and may exceed the guideline value or be less than it depending on the frequency, intensity, duration, hedonic tone (unpleasantness) of the odorous substance, which is the main cause of the odour, and the nature of the location.

3. Conformity with the odour guideline value shall be ensured:

3.1. in the following functional zones, which are referred to in general spatial planning, use and building regulations and which are determined by a spatial plan, local plan or detailed plan:

3.1.1 private house building territory;

3.1.2. low-storey residential building territory;

3.1.3. multi-storey residential building territory;

3.1.4. public building territory;

3.1.5. mixed centre building territory;

3.1.6. nature and greenery territory;

3.2. in land units or parts of land units, the current type of use of which is public building, residential building or public outdoor space with all amenities, regardless of the functional zoning determined in the spatial plan, local plan or detailed plan (except the case if it is private building in rural territory, which is located in the property of the operator itself).

4. The requirements of the Regulation shall not apply to mobile sources of pollution.

II. Methods for Evaluating the Odour Concentration

5. The method referred to in the standard LVS EN 13725:2004 "Air quality. Determination of the odour concentration by dynamic olfactometry" or another equivalent or better method shall be used as the base (benchmark) method for odour concentration measurements.

6. Odour concentration measurements, in accordance with the method referred to in Paragraph 5 of this Regulation, may be performed by laboratories accredited according to the standard LVS EN ISO/IEC 17025:2005 "General requirements for the competence of testing and calibration laboratories".

7. Computer programs for the spread of polluting substances, which conform to the criteria laid down in the laws and regulations regarding drawing up of fixed emission source limit projects and which ensure the possibility to perform calculations, the results of which are comparable to the odour guideline value, shall be used for evaluation of odour concentration. The odour concentration calculated through the modelling process shall be compared to the odour guideline value referred to in Paragraph 8 of this Regulation.

III. Requirements and Conditions for Polluting Activities, the Performance of which Causes Odour Nuisance, and the Procedures for Controlling such Activities

8. The odour guideline value to be determined for a period of an hour shall be 5 ouE/m3. In performing polluting activities, which cause odour nuisance, the odour guideline value may not exceed more than 168 hours per calendar year.

9. If as a result of Category A or B polluting activity emission of polluting substances causes or may cause odour nuisance, the operator shall draw up an odour emission limit project, conforming to the conditions referred to in the laws and regulations regarding drawing up of fixed emission source limit projects, insofar as these laws and regulations are not in contradiction with this Regulation, as well as shall evaluate the joint impact, taking into account the odour emission caused by adjacent operators.

10. The operator shall append the emission limit project referred to in Paragraph 9 of this Regulation to the application for receipt or reviewing of a permit for Category A or B polluting activity in accordance with the laws and regulations regarding the procedures, by which Category A, B and C polluting activities shall be declared and permits for the performance of Category A and B polluting activities shall be issued.

11. In order to restrict the spread of the odours caused by polluting activity, the State Environmental Service shall determine the odour emission limits for emission sources, which have been calculated in conformity with the odour guideline value laid down in Paragraph 8 of this Regulation, in the conditions of a permit for the performance of polluting activity (hereinafter - the permit).

12. The operator of Category A or B polluting activity shall be responsible for evaluating the odour concentration during the performance of polluting activity, if at least three justified complaints referred to in Paragraph 21 of this Regulation have been received in the previous year regarding its operation. In such case the operator shall perform measurements of odour concentration and emission flow rate in the optimum operation mode of the installation at the emission source not less than once in six months, using the method referred to in Paragraph 5 of this Regulation, and shall compare the results obtained with the odour emission limits laid down in the permit.

13. The operator shall submit the results of the measurements referred to in Paragraph 12 of this Regulation to the State Environmental Service, conforming to the time period determined in the permit.

14. If there is a source of emission in the installation, which according to technical and economic considerations is equipped with several points of emission discharge (for example, an animal holding with several points of ventilation discharge), in performing the measurements referred to in Paragraph 12 of this Regulation, one representative point of emission discharge may be selected, which characterises the impact caused by the joint emission source.

15. If the results of measurements submitted in accordance with Paragraph 13 of this Regulation do not demonstrate exceedance of the values indicated in the odour emission limit project and the justified complaints referred to in Paragraph 21 of this Regulation regarding odour nuisance have not been received during the previous year, the State Environmental Service shall take a decision, by which the operator shall be permitted not to perform the measurements referred to in Paragraph 12 of this Regulation henceforward.

16. If after taking the decision referred to in Paragraph 15 of this Regulation the justified complaints referred to in Paragraph 21 of this Regulation have been received or the State Environmental Service detects that the odour emission limits determined in the permit are exceeded, the State Environmental Service shall take a decision to perform the measurements referred to in Paragraph 12 of this Regulation.

17. If the results of measurements submitted in accordance with Paragraph 13 of this Regulation exceed the values indicated in the emission limit project, the State Environmental Service shall assign the operator to perform repeat drawing up of the emission limit project according to the conditions put forward in the permit or shall take a decision to draw up a plan of measures for reduction of odour nuisance in accordance with the conditions referred to in Paragraph 25 of this Regulation.

18. If complaints regarding odour nuisance are received, the State Environmental Service shall perform a check and evaluate the nuisance caused by odour, as well as record the observations in the protocol in accordance with the procedures laid down in Paragraph 19 of this Regulation. The State Environmental Service shall inform the relevant local government regarding results of the check performed.

19. The State Environmental Service shall determine the procedures, by which examination of complaints is performed, as well as the form of the odour check protocol and the information to be included in the protocol.

20. If necessary, the State Environmental Service shall enter into an interdepartmental agreement or co-operation contract with the corresponding institutions, so that the fulfilment of the requirements referred to in Paragraph 18 of this Regulation would be ensured outside the working hours of the State Environmental Service.

21. A complaint regarding odour nuisance shall be deemed justified, if existence of odour nuisance is confirmed by the results of a check performed by the State Environmental Service, which are recorded in a protocol.

22. If upon arrival at the place of call the State Environmental Service detects odour nuisance, it shall perform the following activities:

22.1. record information regarding the submitter of the complaint;

22.2. identify the possible layout of odour emission sources and inform the operator regarding complaints and the existence of odour nuisance, as well as regarding the possibility of participation in subsequent control process;

22.3. request the operator to provide explanations regarding the detected odour nuisance in accordance with the instructions referred to in Paragraph 23 of this Regulation;

22.4. become acquainted with the activities performed by the operator and record information in the protocol referred to in Paragraph 18 of this Regulation;

22.5. ascertain whether odour nuisance has occurred during normal operation of the installation and whether deviations from normal operation of the installation and conformity with the conditions laid down in the permit are not observed;

22.6. if odour nuisance is detected during the check, the State Environmental Service, if necessary, shall assign the operator to perform measurements of odour concentration at the odour emission source within a time period not exceeding three months, as well as to perform modeling of odour concentration dispersion.

23. If a complaint regarding odour nuisance is justified, the operator shall provide the following information to the State Environmental Service:

23.1. date, time when the complaint was received, the duration of the nuisance caused by odour referred to in the complaint;

23.2. the object and address of location of the object;

23.3. the weather conditions observed;

23.4. the identified source of odour nuisance;

23.5. information regarding potential reasons for odour nuisance;

23.6. the activities carried out in the installation at the moment when odour nuisance was detected (for example, at port terminals - information regarding products loaded at the time of receipt of the complaint);

23.7. if in accordance with Sub-paragraph 22.6 of this Regulation the operator is assigned to perform additional measurements and modeling, the operator shall submit them to the State Environmental Service within a week after receipt of the relevant results.

24. The interested persons have the right to request information from the operator regarding reasons for odour nuisance and the anticipated duration of nuisance. In providing an answer, the operator, if necessary, shall also involve the State Environmental Service and the local government.

IV. Requirements for Restricting the Odour Nuisance Caused by Polluting Activities

25. The State Environmental Service shall prepare a decision to draw up a plan of measures for the reduction or prevention of odour nuisance:

25.1. if the results of measurements and modeling referred to in Paragraph 13 and Sub-paragraph 23.7 of this Regulation confirm that the odour guidance value is or may be exceeded;

25.2. if the operator has caused odour nuisance in 20 individual days during a calendar year and this fact is substantiated by the complaints received and the observations recorded in the protocol referred to in Paragraph 18 of this Regulation.

26. The State Environmental Service shall send the decision referred to in Paragraph 25 of this Regulation to the operator, as a result of polluting activities of which the odour guidance value has been exceeded or may be exceeded or odour nuisance has been caused in accordance with the conditions referred to in Sub-paragraph 25.2 of this Regulation, to the local government, the Health Inspectorate and other interested institutions and organisations, as well as post this decision on the website of the State Environmental Service.

27. Within a month after notifying the decision referred to in Paragraph 26 of this Regulation the operator shall prepare a plan of measures for the reduction or prevention of odour nuisance (hereinafter - plan of measures) and the schedule for its implementation, and shall submit it to the State Environmental Service. The plan of measures shall include technical and organisational methods, which prevent the occurrence of odour in the source or reduce the duration of impact to the maximum.

28. The State Environmental Service shall send the submitted plan of measures to the local government, the Health Inspectorate and other interested institutions and organisations, which are affected by the polluting activity performed.

29. The local government, the Health Inspectorate and other interested institutions and organisations shall, within two weeks after receipt of the plan of measures, evaluate the plan of measures prepared by the operator and provide reasoned and fact-based proposals to the State Environmental Service.

30. The State Environmental Service shall evaluate the plan of measures, the proposals submitted by the local government and other competent authorities and, within three weeks after receipt of the plan of measures, co-ordinate or send it to the operator for clarification, indicating the necessary supplementations and improvements.

31. After co-ordinating the plan of measures referred to in Paragraph 30 of this Regulation the operator shall take the specified measures for the reduction or prevention of odour nuisance according to the approved schedule for carrying out the plan of measures.

32. The State Environmental Service shall post the co-ordinated plan of measures and the schedule for its implementation on its website.

33. The operator shall inform the State Environmental Service regarding fulfilment of the plan of measures according to the procedures laid down in the plan of measures.

34. If the odour guideline value is or may be exceeded as a result of total influence of odour emissions caused by several operators, the State Environmental Service shall, by a decision, assign them to draw up a joint plan of measures and to co-operate in its implementation.

35. The following information shall be included in the plan of measures referred to in Paragraph 34 of this Regulation:

35.1. general information:

35.1.1. the permitted type of use of the territory;

35.1.2. the spread of the odour (km2) and the number of inhabitants exposed to odour nuisance;

35.2. the name of the merchant (or another person) responsible for the drawing up and implementation of the plan of measures, the name or given name and surname, address and telephone number of the operator;

35.3. information regarding odour nuisance and its sources:

35.3.1. a list of and geographic co-ordinates (information shall be indicated on one or several maps) of the main sources of air polluting substance emission (which cause the odour);

35.3.2. information regarding the spread of the odour concentration (information shall be indicated on one or several maps);

35.3.3. the geographic co-ordinates of the locations regarding which complaints in relation to odour nuisance are being submitted (information shall be indicated on one or several maps);

35.4. case study:

35.4.1. information regarding the factors, which cause exceedance of the odour guideline value and the odour nuisance;

35.4.2. information regarding the performed and possible measures for the reduction or prevention of the odour nuisance;

35.5. measures, which are planned for reduction or prevention of the odour nuisance:

35.5.1. a list and description of the measures;

35.5.2. schedule for the implementation of the measures;

35.5.3. the anticipated time periods, in which, upon implementing the planned measures, the prevention of odour nuisance and conformity with the odour guideline value will be ensured;

35.5.4. assessment of the odour concentration (measurements) in order to ensure control of the implementation of the plan of measures;

35.6. the procedures by which the operator shall submit a report on fulfilment of the plan of measures to the State Environmental Service;

35.7. the publications, documents and other information, which have been used for provision of the information included in the plan of measures.

36. If operators are unable to agree on a mutually acceptable joint plan of measures, any of them may address the State Environmental Service as the mediator. In such case the State Environmental Service shall convene a meeting with participation of the parties and inviting also the local government and other involved institutions and organisations in order to agree on a joint plan of measures.

37. If operators are unable to agree on subsequent measures to be taken within a month after convening the meeting referred to in Paragraph 36 of this Regulation and to submit a joint plan of measures to the State Environmental Service, the State Environmental Service may assign each of them to draw up their individual plan of measures.

38. In performing Category C polluting activity or polluting activities, which in accordance with the Law On Pollution are not classified as Category A, B and C polluting activities (including economic activity, which is related to carrying petroleum products, chemical substances and mixtures, as well as waste) and emission of polluting substances into air caused by which may cause odour concentration that exceeds the specified odour guidance value, or the activity performed by the operator causes odour nuisance in accordance with the conditions referred to in Sub-paragraph 25.2 of this Regulation, the operator has a duty to ensure conformity with the odour guidance value and reduction and prevention of the nuisance caused by odour.

39. In order to prevent occurrence of the odour nuisance referred to in Paragraph 38 of this Regulation, the State Environmental Service shall determine requirements binding on an operator for the reduction or prevention of the odour nuisance in technical regulations (for an intended activity, which does not require an environmental impact assessment) or in a separate decision.

40. In order to restrict potential odour emission from land used in agriculture, the operator shall disperse manure or another organic fertiliser on any day of the week, except Sundays and public holidays, as well as conform to the requirements laid down in the provisions regarding water and soil protection from pollution by nitrates caused by agricultural activity. In such case the conditions and requirements laid down in Chapters III and IV of this Regulation do not apply to the operator.

41. The State Environmental Service shall control the fulfilment of the duties specified for the operator in this Regulation.

V. Closing Provisions

42. Cabinet Regulation No. 626 of 27 July 2004, Regulations Regarding the Methods for Determination of the Odours Caused by Polluting Activity, as well as the Procedure for the Restriction of the Spread of such Odours (Latvijas Vēstnesis, 2004, No. 123; 2007, No. 18), is repealed. 108, No. 18) is repealed.

43. In relation to existing polluting activities, for which a permit has been received until the day of coming into force of this Regulation, the guidance value laid down in Paragraph 8 of this Regulation shall be applied from 1 January 2006, but in relation to existing polluting activities in the sector of agriculture and fishery - from 1 January 2018. Until the abovementioned dates the guidance value shall be 10 ouE/m3 and it may not be exceeded by more than 168 hours per year - in any place outside the installation and the territory of the installation accessible to natural persons, as well as in any place outside the installation and the territory of the installation, which permanent places of residence are located.

44. In relation to existing polluting activities, for which a permit has been received until the day of coming into force of this Regulation, Paragraph 12 of this Regulation shall be applied from 1 January 2016.

45. An operator of an existing polluting activity in the sector of agriculture and fishery, which has received a permit for the performance of polluting activity until the day of coming into force of this Regulation, may request the State Environmental Service to suspend the provision of the guidance value laid down in Paragraph 8 of this Regulation until 1 December 2022. In such case the operator shall submit a submission regarding reviewing the permit for Category A or B polluting activity, including information therein, proving that it is not technically and economically possible to perform the introduction of the technologies necessary for reduction of nuisance caused by odour until 1 January 2018, and information regarding in what period of time conformity with the guidance value laid down in Paragraph 8 of this Regulation will be ensured.

46. The State Environmental Service shall evaluate the information submitted in accordance with Paragraph 45 of this Regulation and take a decision whether determination of a longer time period for the provision of the guidance value is justifiable. In the transition period, which may not be longer than 1 December 2022, the odour nuisance value shall be 7 ouE/m3 and it may not be exceeded by more than 168 hours per year - in any place outside the installation and the territory of the installation accessible to natural persons, as well as in any place outside the installation and the territory of the installation, which permanent places of residence are located.

Prime Minister - Laimdota Straujuma

Minister for Environmental Protection
and Regional Development E. Sprūdžs

 


Translation © 2015 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 724Adoption: 25.11.2014.Entry into force: 17.12.2014.Publication: Latvijas Vēstnesis, 250, 16.12.2014. OP number: 2014/250.3
Language:
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