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 non-
production 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 fuel-
energy 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. On the car unleaded fuels - BGL 24 per tonne.
2. On the diesels fuels - BGL 14 per tonne.
3. On the boiler fuels and mazut with more 1 percent sulphur - BGL 22 per tonne.
4. 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
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