Clean Air Act

CLEAN AIR ACT Chapter One GENERAL PROVISIONS Art. 1. The goal of this law is to protect the people's and their generation's health, the animals and the plants, their communities and places of habitation, the natural and cultural heritage from harmful effects, as well as to ward off dangers and damages to society, resulting from changes in the quality of the atmospheric air, due to various activities. Art. 2. This law regulates: 1. the specification of indicators and standards of the quality of the atmospheric air; 2. the limitation of emissions; 3. the rights and obligations of the state and municipal authorities, corporate bodies and physical persons, with regards to the control and the maintenance of the atmospheric air quality. Art. 3. (1) The stipulations of the law refer to: 1. the projected, built or operating sites and equipments with production and nonproduction destination; 2. the transport vehicles and other individual sources of pollution; 3. the construction and other open sites; 4. the construction, destruction, production, transport, communal agricultural and other works and activities; (2) The stipulations of the law do not refer to: 1. processes and activities, using radioactive materials; 2. sources of harmful physical factors; 3. vessels outside this country's territorial waters; 4. the movable military equipment of the Ministry of Defence, the Border Troops and the Troops of the Ministry of the Interior. Chapter Two INDICATORS AND STANDARDS FOR THE QUALITY OF THE ATMOSPHERIC AIR Art. 4. (1) The main indicators, which characterise the quality of the atmospheric air in its ground layer, are the levels of: 1. suspended particulate matter; 2. fine particulate matters 3. sulphur dioxide; 4. nitrogen dioxide and/or nitrogen oxides; 5. carbon dioxide; 6. ozone; 7. lead (aerosol). 8. benzene 9. polycyclic aromatic hydrocarbons 10.heavy metals - cadmium, arsenic, nickel, mercury. 11. arsenic (2) For separate areas, depending on the nature of the sources of emissions and the typical health risk, the Minister of the Environment and Waters, on his own initiative, as well as on the proposal of the Minister of Health or of the municipal bodies, can specify supplementary indicators, with the exception of those under Al. 1 (3) the limit values for harmful substances (pollutants) in the atmospheric air and the measured concentrations for the separate indicators are defined as mass, contained in one cubic meter of air under normal conditions per a definite time. Art. 5. The limit values for disposals of harmful substances (pollutants) from the air are defined as mass per square meter of open surface per a definite time. Art. 6. (1) The Minister of Environment and Waters together with the Minister of Health issue regulations, which set limit values for harmful substances (pollutants) in the atmospheric air and the limit values for depositions of harmful substances (pollutants). (2) Taking into account the time which is needed for undertaking the measures for improving the quality of the atmospheric air and the actual levels of the pollutants, while approving the limit values under Alinea 1 the Minister of Environment and Waters and the Minister of Health can define margins of tolerance for these limit values. (3) The margins of tolerance under Alinea 2 for the limit values under Alinea 1, are decreasing gradually, in order to reach the levels for the relevant limit values at the end of a defined period, specific for the different harmful substances (pollutants), in correspondence with the defined terms for the implementation of these limit values. (4) The limit values and the margins of tolerance shall be developed and changed in accordance with the stipulations of Art.1 on the ground of health-ecological research studies and the recommendations of the specialized international organizations. (5) The Minister of Health or the municipal bodies can propose for approval stricter norms, than the ones approved in accordance with Alinea 1 in certain settlements, municipalities or regions, depending on the level and the nature of pollution of the atmospheric air above them. Art. 7. (1) For the cases where it is necessary in order to avoid health risks for the population, under meteorological condition and other factors, leading to a temporary but significant deterioration of the quality of the air, the Minister of Environment and Waters and the Minister of Health approve alert thresholds for harmful substances (pollutants) in the atmospheric air for the indicators under Art. 4 Alineas 1 and 2. (2) The alert thresholds under Alinea 1 are developed and could be changed based on health-environmental surveys and/or recommendations of the specialised international organizations. Art. 8. For the limitation of the pollution of the atmospheric air by burning fuels, the Council of Ministers following a proposal by the Minister of Environment and Waters, issues regulations on the contents of lead, sulphur and other substances harmful for the environment in the fuels. (2) The import, the production and the distribution of fuels, containing harmful substances above the levels set in accordance with Alinea 1, is forbidden. Chapter Three CONTROL OF EMISSIONS Section I Emissions from stationery sources Art. 9. (1) The Minister of Environment and Waters, together with the respectively interested ministers, issues regulations to approve emission limit values of harmful substances (pollutants), emitted in the atmosphere from installations and activities with stationary sources of emissions. (2) The emission limit values are developed on the basis of the level of present techniques and technologies, the achievements of science and the results of the practical implementation of these achievements in this country and in the advanced countries, in order to ensure that the atmospheric air quality meets the limit values for harmful substances (pollutants) under Art.6. (3) The limit values are compulsory for all sites and activities, except in the cases referred to in Art. 3, al. 2, Art. 10 and Art. 10a. Art. 10. (1) Temporary emission limit values for operating sites, where the type of raw materials and the level of technique do not give the possibility to meet the approved limit values, as well as the time limit for reaching these values , shall be approved by: 1. the Minister of Environment; 2. the Council of Ministers, on the proposal of the Minister of Environment, in coordination with the interested departments, for sites, connected with the national fuelenergy balance of the country. (2) The terms, according to Alinea 1 cannot be shorter than one year, and they are determined on the grounds of the technical and technological researches and negotiations between the interested parties, in which representatives of the environmental public organizations and movements can also take part. (3) The temporary emission limit values, according to para 1, shall be revoked by the body, which has approved them, at the beginning of events, dangerous for the human health, established by the competent authorities. (4) The municipal authorities, depending on the conditions within their territory, can propose for approval by the MinistMr of Environment and Waters together with the interested ministers, more stringent emission limit values for different installations and activities in certain settlements, municipalities and regions. Art. 10a. (1) The Minister of Environment and Waters together with the interested ministers develop and submit for adoption by the Council of Ministers programs for gradual abatement of the total annual emissions of certain harmful substances (pollutants):SO2, NOx, and others, emitted in the atmospheric air from certain installations and activities as the large combustion plants and others. (2) The programs under Alinea 1 are approved by Decree of the Council of Ministers. (3) The programs under (1) define specific measures and terms for to be implemented for the different installations and activities. (4) The execution of the programs is reported to the Council of Ministers for periods not shorter than three calendar years. (5) With the programs under alinea 1, emission limit values can be defined for certain harmful substances (pollutants), which are specific for the relevant installations and activities and have the validity of temporary norms in the sense of Art.10. Art. 11. (1) Emissions and ventilated gases shall be exhausted in the air in an organized manner. (2) The height of the emitting devices is determined in such a way, that the concentrations of pollutants in the close-to-earth layer, as a result of the dispersion, shall not exceed the admissible concentration limit of harmful substances (pollutants) in the atmospheric air. (3) The Minister of Environment, together with the Minister of the Territorial Development and Construction and the Minister of Health, approve methods of calculating the height of the emitting devices, the dispersion and the expected concentrations of pollutants in the close-to-earth layer, which is compulsory for the design and construction of new sites and for reconstruction and expansion of operating sites and activities. (4) The Minister of Environment approves an Ordinance for the prevention and the limitation of the unorganized outlet of emissions in the atmospheric air. Section II Emissions from mobile sources Art. 12. The standardization of harmful substances in the exhaust gases from internal combustion engines is carried out according to the indices: smokiness and contents of carbon dioxide, nitrogen oxides and hydrocarbons. Art. 13. (1) The standards for emissions of harmful substances in the exhaust gases from motor vehicles, are approved by the Minister of Transport, together with the Minister of Environment and the Minister of Health. (2) The standards are worked out on the basis of the level and the state of techniques and the economic possibilities to achieve them, with a view of securing proper quality of the atmospheric air. Art. 14. (1) The Minister of Environment and the Minister of Health approve an instruction for the location of the stations monitoring the influence of motor vehicles on the quality of the atmospheric air. (2) The Minister of Health, the Minister of Agriculture and Food Industry and the Minister of Transport issue an Ordinance for the limitation of the economic activities and the use of land along the roads of the production of vegetables, depending on the pollution of the atmospheric air from motor vehicles. Chapter Four DESIGN, CONSTRUCTION AND EXPLOITATION OF SITES WITH SOURCES OF EMISSIONS Art. 16. (1) Prior to the issuance of a permission to use buildings, the investors shall forward to the representatives of the municipal bodies and of the Ministry of Environment who are members of the approval commission: 1. written statements on the testing of the separate devices, units and sections of the installations; 2. written statements about technological tests at standard loading of the installations; 3. written statements about the measured emissions; 4. instructions for exploitation and control of the installations; 5. list of the persons, responsible for the preservation of the environment at the site and for the exploitation and control of the separate installations. (2) On the basis of the presented information and the additional researches (examinations, measuring, examination of projects, etc.) the representatives of the municipal bodies and of the Ministry of Environment give their consent or motivated refusal for granting a permission for use of the relevant buildings. Art. 17. The requirements for control and management of the substances, which damage the ozone layer are defined by regulation of the Council of Ministers. Art. 18. The legal and physical persons, carrying out activities with sources of emissions in the atmospheric air, are obliged: 1. to keep control on emissions, including measurements made by themselves permanent (automatic) and/or periodical to carry out regular check-ups, to prepare and execute a program for technical maintenance of the installations, with a view of securing the observation of the emission limit values, in accordance with the permission; 2. to inform in time the municipal authorities and the regional environmental inspectorates, about forthcoming changes in the raw materials and in the technological processes, which will cause changes in the conditions and requirements for securing the quality of the atmospheric air, as well as during repair works; 3. to inform within one month the municipal authorities and the regional environmental inspectorates about the changes of activity, name, ownership of the site and about new persons, responsible for the preservation of environment; 4. to inform immediately the municipal bodies and the regional inspections on environment about eventual production break downs or other incidents, which may cause increase of the emission or provoke worsening of the quality of the atmospheric air, as well as to take measures, in accordance with the legislation, regulating actions in cases of industrial breakdowns or calamities; 5. to secure unlimited access of the control authorities to the sites and equipments and to all documents and data, connected with emissions in the atmospheric air, and to offer them assistance in the execution of their duties. Chapter Five MANAGEMENT AND CONTROL Art. 19. (1) The Ministry of Environment pursues the state policy of preservation of the quality of the atmospheric air for securing a sustainable development. (2) The municipal bodies and the regional inspections on environment carry out the control and the management of the activities, connected with securing the purity of the air on their territory. (3) The disputes of competency between the various bodies shall be settled by the Minister of Environment. Art. 20. (1) The quality of the atmospheric air is monitored by the national system of monitoring, control and information about the situation of environment at the Ministry of Environment. (2) The municipal authorities, in coordination with the Minister of Environment, can build up local systems for monitoring and control on the quality of the atmospheric air in regions on their territory. (3) In the cases, when a certain site is a basic source, polluting the atmospheric air, the Ministry of Environment can oblige the person, carrying out the activity, to build up a system for monitoring the source of emission and the quality of the air in the area of the site. (4) The national and the local systems for monitoring and control co-operate, on a contractual basis. (5) The stations from the national system of monitoring and control on the state of the environment, as well as the stations for the monitoring of trans-border pollution and background quality of the air, are public property, state or municipal. Art. 21. (1) The national and local systems control and assess the air quality indicators in accordance with Art 4. (2) The Minister of Environment and Waters, in co-ordination with the Minister of Health, issues a regulation for atmospheric air quality assessment and management, which ensures unity in the set-up and functioning of the systems under Art. 20, as well as in the measuring methods and primary information processing. (3) The conditions and the order for elaborating programs for the abatement of the levels of pollutants and for the compliance with the limit values established in accordance with Art. 6 and for the action plan are defined by the regulation for the assessment and management of atmospheric air quality. Art. 22. (1) The control and monitoring of the trans-border pollution, of the background quality of the atmospheric air, as well as of the influence of the pollution of the atmospheric air on the global processes in the atmosphere, is carried out by the Ministry of Environment and by the National Institute on Meteorology and Hydrology at the Bulgarian Academy of Sciences. (2) The assessment of the sanitary and ecological risk, connected with the quality of the atmospheric air, is carried out by the Ministry of Health and the Ministry of Environment Art. 23. (1) The information from the national system and from the local systems of monitoring the quality of the atmospheric air is state property and is kept at the Ministry of Environment and its bodies. (2) The information from the national system and from the local systems for monitoring the quality of the atmospheric air is published in the official bulletins and is accessible free for everyone. (3) Any supplementary information of monitoring, measuring, data processing, etc., is paid for by the interested person according to a tariff, approved by the Council of Ministers. Art. 24. The immediate control on the state and the exploitation of the sites with sources of emissions in the atmospheric air, on the operation of the installations and on the emissions from the separate sources is carried out by: 1. the Minister of Environment, the regional environmental inspectorates on environment and the municipal authorities in accordance with Art. 20; 2. the bodies of the Ministry of the Interior and of the Ministry of Transport - for the motor vehicles. Art. 25. (1) The emissions from a given site are established through: 1. measuring by regulated methods; 2. calculation by balance method. (2) Regulated methods and devices for measuring emission are those established with standardised documents, and in case of lack of such, the measuring is carried out by methods, approved by the Minister of Environment. (3) The control authorities measure the emissions from a given stationary source, at least every other year, and those of the motor vehicles - at least once a year. (4) The managers of stationary sources organize the measuring of the emissions, in accordance with the order and way for measuring of the emissions of harmful substances (pollutants) emitted in the ambient air from objects with stationary sources, defined by the Minister of Environment and Waters and in accordance with the instructions of the control authorities. (5) The measured values of the emissions from the stationary sources are entered into a register. The register, as well as the diagrams from the automatic registration of the emissions are kept for 8 years and, when requested, they are presented to the control authorities. (6) The Minister of Environment and Waters in co-ordination with the interested ministers issues an order for the approval of a methodology for the calculation, with balance methods, of the emissions of harmful substances (pollutants), emitted in the ambient air. Art. 26. On the basis breaches of established upon examination of the sources of pollution, the control authorities give injunctions, which are obligatory for execution. Art. 27. (1) In the cases, where in an given district the total load of emissions leads to the exceedance of limit values for harmful substances (pollutants) in the atmospheric air and of deposition limit values, the municipal bodies develop and adopt programs for the abatement the levels of pollutants and for complying with the limit values under Art.6 in the therefore defined terms which are mandatory for implementation. (2) The programs under Alinea 1 must be co-ordinated with the relevant Regional Inspectorate for Environment and Waters, the interested persons and the environmental organisations and movements. (3) The programs under Alinea 1 include: the objectives, the stages, the terms for their achievement; the resources for its implementation; the control and report system and the system for assessing the results; the measures for the organization and the regulation of the traffic. (4) The program can be corrected in the cases, when the conditions under which it has been made, have changed. Art. 28. (1) The Minister of Environment, within the range of its competency, the regional environmental inspectorate and the municipal bodies, within the range of their competency, in accordance with Art. 20, can limit or stop production or other activities in the cases, when: 1. the type and the degree of pollution of the atmospheric air from the source increase considerably the risk for the human health and for the environment; 2. the stipulations according to Art. 26 are not observed; 3. the measures of the program, according to Art. 27, are not observed. (2) The restrictions and the stoppage according to para 1, are carried out on an order of the relevant body and are operative until the removal of the reasons, which have caused the issuing of the order. (3) In case of a visible breach of the quality of the atmospheric air by motor vehicles, the control bodies of the Ministry of Environment inform the control bodies of the Ministry of the Interior or of the Ministry of Transport, depending on the owner of the motor vehicle, for taking respective actions, according to Art. 41, para 1, item 4, in connection with Art. 36, para 2, item 2 of the Law of Movement along the Roads, against the specific breachers. Art. 29. The municipal authorities, in coordination with the bodies of the Ministry of the Internal Affairs, organize and regulate the movement of the automobile transport in the settlements in order to ensure that the atmospheric air quality complies with the established limit values of harmful substances (pollutants) under Art. 6. Art. 30. (1) With a view of limiting the harmful effects on the health of the population, when a risk exists for excess of the established norms and/or the alarm thresholds, when there are unfavourable meteorological conditions and other factors, the municipal bodies in coordination with the corresponding Regional Inspectorate of Environment and Waters, elaborate an action plan for reducing the mentioned risk and limiting the prolongation of such effects. (2) The action plan is elaborated on the basis of investigations in the region and the alert thresholds, approved according to Art. 7, and is discussed with the interested persons, and with environmental organizations and movements. (3) The conditions and the order for elaboration of an action work plan are defined with an Ordinance for assessment and management of the quality of the atmospheric air under Art.21. Alinea 2. (3) The action plan is brought into effect when necessary, by order of the mayor of the municipality. Chapter Six FEES ON THE LIQUID FUELS FOR THE NATIONAL FUND FOR PROTECTION OF THE ENVIRONMENT Art. 31 (1) On the produced and imported fuels on the territory of the country fees are assessed which go in the National Fund for Protection of the Environment. The accumulated fees are spent for environmental projects and for the decrease of the pollution from car transport and from the energy sector. (2) The fees under the previous Alinea are charged and paid by the importer while importing car gasoline, diesel fuels, industrial gasohol, boiler fuels, and mazut with more then 1 percent Sulphur content. In all the other cases where liquid fuels are imported on the territory of the country the fees are secured by the importers with a deposit in money or with a bank guarantee equal to the duties according to the Law for the customs. The transit fees are secured to the amount of and according to the order for securing the duty totals. (3) Thirty percents from the accumulated fees in the National Fund for Protection of the Environment under Alinea 1 are spent for the purposes of financing environmental projects in the mountain regions. (4) Thirty percents of the fees under Alinea 3 are offered to physical and legal persons for financing projects for environmental friendly productions and sustainable development in the mountain regions. Art. 32 (1) The producers and the importers of liquid fuels are charged for the following fees in the favour of the National Fund for Protection of the Environment: 1. 2. 3. 4. On the car unleaded fuels - BGL 24 per tonne. On the diesels fuels - BGL 14 per tonne. On the boiler fuels and mazut with more 1 percent sulphur - BGL 22 per tonne. On the car lead gasoline as follows: a) gasoline A-91 - BGL 37 per tonne. b) gasoline A-98 - BGL 48 per tonne. 5. On the gasohol - BGL 13 per tonne. (2) The fees under the previous Alinea are assessed to the producers of car gasoline, diesel fuels, industrial gasohol, boiler fuels, and mazut with more then 1 percent sulphur content for the distributed quantities in the country. (3) The importers of liquid fuels pay the fees under Alinea 1 to the National Fund for Protection of the Environment or they are securing them before the customs clearance. _ (4) The control under Alinea 3 is executed by the customs authorities. Art. 33 (1) The producers of liquid fuels are making procurement only after the fees due to the National Fund for Protection of the Environment are paid by the buyers. (2) The buyers of liquid fuels under Alinea 1 pay prior to the procurement the fees on the account of the National Fund for Protection of the Environment. Chapter Seven ADMINISTRATIVE AND PENAL PROVISIONS Art. 34. Any person, who imports in the country, produces and distributes to the market fuels, with contents of harmful substances above the admissible concentration limits, if the act is not a crime and is not subject to a heavier punishment, according to some other law, shall be fined BGL 100,000 to 200,000. When the breach is done for a second time or by an official person, the amount of the fine is from BGL 200,000 to 4,000,000. Art. 35. For unorganized outlet of emissions in the atmospheric air, when there is a possibility for its limiting, is imposed a fine of BGL 10,000 to 500,000. (2) Any person, who carries out activity in breach of the requirements of the issued permission, shall be fined BGL 10,000 to 250,000. (3) Upon a repeated breach, according to para 2, the fine is BGL 20,000 to 500,000. Art. 36 (1) The physical persons are fined and the legal persons are sanctioned if they are not executing the provisioned in this law emission control or regular checks and they are not preparing and ensuring the implementation of program for technical maintenance of treatment facilities for the compliance with the emission norms under the permit, the fine is BGL 10, 000 to 300 000. (2) In case of a second breach, according to para 1, the fine shall be BGL 20, 000 to 600,000. Art. 37. (1) Any person, who does not make the envisaged notifications, in accordance with Art. 18, items 2 and 3, shall be fined BGL 2,000 to 25,000. (2) In case of a second breach, according to para 1, the fine shall be BGL 4,000 to 50,000. (3) In case of a non-fulfilment of the stipulation for notification, according to Art. 18, item 4, the fine shall be BGL 10,000 to 200,000. Art. 38. Any person, who does not secure the envisaged according to Art. 18, item 5 access and assistance to the control bodies, shall be fined BGL 10,000 to 50,000. Art. 39. (1) Any person, who damages equipment of the stations from the national system and from the local systems for monitoring and control on the state of environment or for trans-border transfer of pollutants and background quality of the air, if the act is not a crime, shall be fined BGL 50,000 to 500,000. (2) Any person, who destroys or forges data and information from the systems for monitoring and control on environment, if the deed is not a crime, shall be fined BGL 10,000 to 50,000. Art. 40. An official, who does not secure free access to the information as per Art. 23, para 2, shall be fined BGL 2,000 to 10,000. (2) In case of a second breach of the stipulation of para 1, the fine is BGL 4,000 to 20,000. Art. 41. (1) A manager of a process of activity with stationary source, who does not ensure measuring of the emissions in correspondence with the order and way for their measurements and does not fulfil the prescriptions of the control bodies or an order of a mayor of a municipality, given under the stipulations of Art. 30, para 4, shall be fined BGL 20 to 100. (2) In case of a second breach of para 1, the fine shall be BGL 40,000 to 200,000. (3) Manager of a site - a main source of pollution of the atmospheric air - who does not fulfil his obligations according to Art. 20, para 23 for the building up of a system for monitoring the source of emissions and the quality of the air in the region of the site, in case he is not subject to a heavier punishment, shall be fined BGL 50,000 to 500,000. Art. 42 (1) In case of not assessing or not paying the fees in accordance with Chapter VI the persons are fined -BGL 100 to 500, in case of second breach the fine is BGL 600 to 1200, if for this breach a heavier penalty is not provisioned. (2) Apart from the responsibility under the previous Alinea, a financial sanction is imposed to the legal person , and to the sole trader - fine equal to the not assessed fee or to the not paid taxes.(3) The customs officer who released from customs control the imported in the country car gasoline, diesels fuels and industrial gasohol, boiler fuels or mazut with more then 1 percent sulphur, before the importer pays the due fee under this law, is fined BGL 500 to 1000, if for this breach a heavier penalty is not provisioned. Art. 43. (1) The statements of the cases, establishing the breaches shall be drawn up by the officials, approved by the managers of the control bodies at the Ministry of Environment, the Ministry of the Interior, the Ministry of Health, the Ministry of Agriculture and Food Industry and the Ministry of Transport. (2) The punitive measures shall be issued by the minister or by authorized by him officials, in accordance with the departmental affiliation of the authors, drawing up the statements. (3) The ascertainment of the breaches and the drawing up, appealing against and the execution of the punitive statements shall be carried out according to the Law of the Administrative Infringements and Penalties. Art. 44 The received fines and financial sanctions under Art. 42, Al. 2 are paid to the National Fund for Protection of the Environment. SUPPLEMENTARY PROVISIONS § 1. In the meaning of the law: 1. "pollution of the atmospheric air" is any entry of harmful substances (pollutants) in it. 2. "Harmful substance" (pollutant) is every substance, introduced directly or indirectly by man in the ambient air, which could have harmful impact on the health of the population and/or on the environment as a whole. 3. "Atmospheric air quality" is the condition of the ground atmospheric layer, except the air in the working places, specified by its composition and the relationship between its natural ingredients and the added substances of natural or antropogenic origin. 4. "Harmful physical factors" are the energies, introduced in the atmospheric air, such as: heat, noise, vibrations, electromagnetic fields, radiations, etc. They are regulated with other legal acts. 5. "Air under normal conditions" is air reduced to zero or 20 degrees Centigrade under 1013 hectopascals pressure, according to the legally defined requirements, after correction for humidity contents. 6. "Alert threshold" is every level beyond which there is a level for the health of the population, including during short term exposure, and which trigger appropriate measures undertaken in order to inform and warn the population of the relevant district. 7. "close-to-earth layer" is the atmospheric air at height of up to 100 meters from the surface of the earth. 8. "Emission" is the outlet of harmful substances in the atmospheric air. The point or the surface, where the outlet comes from is called source. The emission is defined as a mass of given harmful substances per one cubic meter of outlet gas or as a flow for the emitted substance (emission flow) under normal conditions. 9. "Organized outlet" is that one, in which the substances are taken into the atmospheric air through an outlet device - a stuck, a channel (sewage), etc. 10. "Unorganized outlet" is that one, in which the substances are let out in the atmospheric air in an unfocused manner from a given site - loading and unloading sites, open warehouses for dust-forming materials, damaged technological apparatuses, etc. 11. "Disposals" are the charges of harmful substances from the atmospheric air on a open surface. 13. "For the second time" is the administrative infringement, which has been done within a period of one year, as of the coming into force of the punitive statement, with which the infringer has been sanctioned for an infringement of the same kind. 14. "Total annual emission" - is the total emission load of a given harmful substance (pollutant), emitted in the atmospheric air from defined installations or activities during one calendar year. 15. "Emission flow" - is the mass or other physical quantity of pollutants, emitted in the atmospheric air for a unit of time. 16. “Manager of processes or activity with stationary source”- is every person, who is responsible for the construction, supervision or the management of the relevant process or activity with possible stationary sources of emissions of harmful substances in the atmospheric air. § 1a. (1) The fees under Chapter VI shell not be included in the tax basis, on which is calculated the due excise for the car gasoline and the diesel fuels, but it is included in the tax basis while levying with value added tax. (2) When liquid fuels are procured from the producer, and this procurement is taxable in the sense of Law for VAT, the value of the due fees by the recipient under Chapter VI of this law is included in the tax basis on which VAT is levied. TRANSITIONAL AND CONCLUDING PROVISIONS § 1. In the Law for the fees on the liquid fuels designated to the “Republic Road Network Fund” and the “National Fund for Protection of the Environment” (Published in State Gazette No 16 of 23.02.1996, amended SG No 104 of 06.12.1996, amended SG No 51 of 27.06.1997, amended SG No 87 of 01.10.1997, amended SG No 147 of 15.12.1998, amended SG No 26 of 23.03.1999, amended SG No 61 of 06.07.1999) are made the following changes: § 2. In the Law of Preservation of Air, the Waters and the Soil from Pollution (promulgated, SG., vol. 84 of 1963; amended and suppl., vol. 26 of 1968, vol. 29 of 1969, vol. 95 of 1975, vol 3 of 1977, vol. 1 of 1978, vol 26 of 1988, vol. 86 of 1991 and vol. 100 of 1992) the following amendments are made: 1. In the name of the law and in Art. 1 and 21, the word "the air" is erased. 2. Chapter II "Preservation of the Air from pollution" is revoked. 3. Articles 2 and 3 are amended as follows: "2. Under "Pollution of the waters and soils" should be understood such a worsening of their composition, qualities and properties, which makes them unfit or dangerous for the people, the animals and the plants. 3. The ministries, the departments and the municipal bodies hold activities for preservation of the waters and the soil from pollution. The Minister of Environment exercises control on the preservation of waters and soil from pollution. The Minister of Health exercises sanitary control on the state of the waters and soils. He issues, in coordination with the Minister of Environment, sanitary standards and rules, obligatory for all departments. In carrying out the control, as per the previous paragraphs, the Ministry of Environment and the Ministry of Health draw technically competent bodies and persons from other departments. The Minister of Agriculture and Food Industry, with the assistance of the Agricultural Academy, issues standards and rules in connection with the preservation of animals and agricultural crops, which are compulsory for all departments, organizations and persons and controls their implementation." 4. In Art. 23, para 1 is amended as follows: "23. For all established industrial enterprises, stock-farms and the like, as well as for towns and villages sewerage plumbing or at separate sites, polluting the waters and soil with hard and liquid contaminants are built compulsorily disposal works with funds budgeted for in the state and municipal budgets, as well as in the long-term and annual plans of the enterprises and other organizations." 5. Everywhere the words "The Committee of Environmental Conservation" shall be replaced by "The Ministry of Environment", while the words "the Chairman" and "the chairman of the Committee of Environmental Conservation, shall be replaced by "the Minister of Environment" or "Minister of Environment". § 3. In the Law on Rode Traffic (promulgated in SG, vol. 53 of 1973; amend. and suppl., vol. 22 of 1976, vol. 54 of 1978; amend., vol. 58 of 1978, amend. and suppl., vol 28 of 1982, vol. 28 of 1983, vol. 36 of 1986, vol. 55 and 73 of 1987, vol. 26 of 1988, vol. 21 of 1990, vol 32 of 1991, vol. 21 and 34 of 1994) is created Art. 47a: "Art. 47a. A driver of a motor vehicle, which is not up to the requirements for conservation of the purity of the atmospheric air, shall be fined BGL 2,000 to 4,000." § 4. The execution of the law is assigned to the Minister of Environment. § 4a. The Council of Ministers in one year period after this act comes into force, issue regulations under Art. 8 for norms for lead, sulphur and other harmful substances (pollutants) of the ambient air, until their issue, the existing regulations issued in accordance with Art. 8 are in force. § 4b. The Council of Ministers issues regulations for receiving, spending and managing money in the National Fund for Protection of the Environment. § 5. The Minister of Environment issues ordinances, instructions and regulations in connection with the execution of the law. § 6. This law comes into force one month after its promulgation in the "State Gazette". This law was passed by the 37th National Assembly on 15 May, 1996 and is sealed with the state seal. § 7. Everywhere in this law, after the words harmful substances should be added (pollutant) For Chairman of the National Assembly: Nora Annanieva 9261