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LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON AMBIENT AIR PROTECTION 4 November 1999 No VIII-1392 (As last amended on 12 January 2009 – No XI-140) Vilnius CHAPTER ONE GENERAL PROVISIONS Article

  1. Purpose of the Law
  2. This Law shall: 1) specify the rights of persons to clean air, the duties to protect ambient air against pollution relating to human activities and reduce the damage caused by it to human health and the environment; 2) establish the measures restricting pollution of ambient air and minimising its adverse effects on human health and the environment; 3) regulate public relations in the fields of protection of ambient air and management of quality thereof.
  3. This Law shall not regulate radioactive pollution, also pollution of ambient air which may result from natural processes or cross-border transport of pollutants. Article
  4. Definitions
  5. Ambient air shall mean air in the troposphere, with the exception of work places.
  6. Level of pollution shall mean concentration of one or more pollutants in ambient air or the deposition thereof on surfaces in a given time.
  7. Limit value of pollution shall mean the level of ambient air pollution as fixed on the basis of scientific knowledge which, according to available information, does not have a harmful effect on human health and the environment.
  8. Target value of pollution shall mean the level of pollution of ambient air which is fixed with the aim of avoiding more long-term harmful effects on human health and the environment to be attained over a given period.
  9. Alert threshold shall mean the level of ambient air pollution beyond which there is a risk to human health and the environment even if the exposure is brief and at which immediate steps must be taken by competent authorities.
  10. Pollutants shall mean a substance or mixture of substances which is introduced into ambient air as a result of human activities and which may, itself or in combination with components of the atmosphere, have harmful effects on human health and the environment or property.
  11. Margin of tolerance shall mean the percentage of the limit value of pollution by which this value may be exceeded subject to the conditions provided for by the Law.
  12. Permissible level of pollution shall mean the amount of pollutants emitted over a given period from a source of pollution or from the totality of sources of pollution which will not result in exceedance of the limit values of pollution in an appropriate location upon assessment of the effect of the pollutants emitted by other sources of pollution and prospects of development of economic activities.
  13. Source of pollution shall mean an installation wherefrom pollutants are introduced into ambient air.
  14. Stationary source of pollution shall mean a source of pollution found in an unchanging location.
  15. Mobile source of pollution shall mean motor vehicles and other moving mechanisms that use motor fuel.
  16. Operator of a source of pollution shall mean the owner of the source of pollution or a person whereto the source of pollution has been leased or who has been granted the right to use it.
  17. Fuel shall mean a gaseous, liquid or solid combustible matter used to generate energy in combustion installations. Hazardous waste and previously unprocessed domestic waste shall not be considered as fuel, regardless of the presence of combustible matter therein.
  18. Combustibles shall mean combustible matter for internal combustion engines.
  19. Zone shall mean a part of a country’s territory wherein the level of pollution has been assessed according to the established procedure.
  20. Agglomeration shall mean a zone with a population in excess of 250000 inhabitants or where assessment and management of ambient air quality is necessary due to population density (the number of the population per square metre).
  21. Unfavourable conditions for dispersion of pollutants shall mean the meteorological conditions unfavourable for dispersion of the pollutants introduced into ambient air.
  22. Sanitary zone of protection shall mean a land area surrounding a stationary source of pollution or several such sources wherein the special conditions as specified by the Government or an institution authorised by it apply.
  23. Persons shall mean natural and legal persons as well as undertakings not holding the rights of a legal person.
  24. Best available technique shall mean the most effective and advanced stage in the development of activities of economic entities and methods of carrying them out which indicates whether a certain technique may be used as a basis for assessing the emission limit values designed to prevent emissions. Article
  25. Priorities of Ambient Air Protection The priorities of ambient air protection shall be as follows: 1) enhancement of the efficiency of energy use; 2) reduction of the pollution caused by motor vehicles; 3) introduction of the best available techniques and technologies. Article
  26. Ambient Air Quality Management
  27. The Ministry of Environment and the Ministry of Health shall approve a list of the pollutants whose quantity in ambient air shall be restricted and shall establish the limit and target values of pollution, margin of tolerance and alert thresholds.
  28. Municipalities and the Ministry of Environment must, within the sphere of their competence, take necessary measures to prevent exceedance of the limit value or another value of pollution as indicated in this Law as well as alert thresholds.
  29. Municipalities shall draft and, subject to prior co-ordination with the Ministry of Environment and other concerned state administration institutions, draft and approve programmes and provide for the measures to be taken in the zones and agglomerations where the risk of exceedance of the limit values of pollution and alert thresholds may arise. Article
  30. Ambient Air Quality Assessment
  31. Continuous control of ambient air quality shall be mandatory in the agglomerations and zones where pollution levels exceed or may exceed the limit values of pollution.
  32. Measurements of ambient air quality shall be carried out at fixed sites either continuously or by random sampling.
  33. The Ministry of the Environment shall: 1) in conjunction with other concerned institution, organise across the territory of the country measurements of ambient air quality indicators and other surveys required for ambient air quality assessment; 2) specify the minimum number of measurements enabling to obtain the information required for ambient air condition assessment; 3) lay down a procedure for assessing ambient air quality. Article
  34. Ambient Air Monitoring Monitoring of ambient air quality and sources of pollution shall be a part of environmental monitoring. Environmental monitoring shall be established by the Law on Environmental Monitoring. Article
  35. Zonos ir aglomeracijos, kuriose užterštumo lygis viršija ribines užterštumo vertes
  36. The Ministry of Environment shall, in conjunction with the Ministry of Health, compile and update lists of the zones and agglomerations with the level of pollution by one or more pollutants: 1) exceeding the limit values of pollution in combination with margins of tolerance; 2) exceeding the limit values of pollution, but not exceeding these values in combination with margins of tolerance.
  37. Municipalities shall develop and, subject to prior co-ordination with the Ministry of Environment, approve the programmes aimed at attaining limit values of pollutions and further reduction of the level of pollution in the zones and agglomerations indicated in paragraph 1 of this Article. The programmes must be public and freely available to the public.
  38. Where the concentration of any pollutant exceeds or may exceed the limit value of pollution and margin of tolerance or alert threshold due to a cross-border transport of pollutants, the Ministry of Environment shall, on the basis of Lithuania's treaties relating to environmental protection, have the right to consult the competent authorities of another state over decisions on elimination of pollution or reduction thereof. Article
  39. Zones and Agglomerations with the Level of Pollution Below the Limit Values of Pollution
  40. The Ministry of Environment shall, in conjunction with the Ministry of Health, compile a list of the zones and agglomerations with the levels of pollution below the limit values of pollution.
  41. In the zones and agglomerations indicated in paragraph 1 of this Article, attention must be devoted to maintaining of these low levels of pollution and the best possible quality of ambient air. Article
  42. Exceedance of an Alert Threshold In the event of exceedance of an alert threshold, municipalities, the Ministry of Environment or other concerned state administration institutions must urgently notify thereof the public and take measures to reduce a threat to human health and the environment. CHAPTER TWO AMBIENT AIR POLLUTION MANAGEMENT Article
  43. Measures of Ambient Air Pollution Regulation
  44. The Ministry of Environment shall establish the allowable total quantity of pollutants emitted from stationary sources of pollution within the entire territory of the Republic of Lithuania and within each county.
  45. Municipalities shall develop, approve and implement programmes for reduction of ambient air pollution.
  46. With a view to protecting human health and the environment under unfavourable conditions for dispersion of pollutants or in the event of a threat of exceedance of the limit values of pollution, the Ministry of Environment shall, upon prior co-ordination with a municipality, have the right temporarily: 1) within a certain territory, to restrict or prohibit vehicle traffic; 2) to restrict the operation of stationary sources of pollution; 3) to apply other measures of ambient air pollution reduction. Article
  47. Designing, Construction and Reconstruction of Objects of Economic Activities
  48. A procedure for designing, constructing, reconstructing, accepting for use and using the objects of economic activities which may affect ambient air shall be laid down by the Law on Environmental Protection, the Law on the Environmental Impact Assessment of Planned Economic Activity and other laws as well as legal acts.
  49. Construction of new objects likely to become a source of ambient air pollution or reconstruction thereof must be subject to selection of the best available techniques. Measures for minimising ambient air pollution must also be provided for.
  50. In drafting and approving territorial planning documents and when planning economic activities, planning organisers and clients of planned economic activity must ensure that the established limit values of pollution and alert thresholds are not exceed, also that the territories where dispersion of pollutants is impeded due to natural or artificial conditions will not be used. Article
  51. Sanitary Protection Zone A procedure for establishing and upkeeping sanitary protection zones shall be approved by the Government or an institution authorised by it. Article
  52. Requirements for Fuel
  53. In the Republic of Lithuania, only such fuel and such combustibles that meet the content and quality requirements set forth by the Ministry of Energy, the Ministry of Environment and the Ministry of Transport and Communications in respect of effects on human health and the environment shall be permitted for use.
  54. Producers, importers and traders must ensure that the content and quality of the fuel and combustibles produced, imported and sold to consumers meet the requirements set forth in paragraph 1 of this Article.
  55. Producers, importers, traders, carriers and consumers must ensure that low-pollution technologies be applied to the carriage, storage and transhipment of fuel and combustibles, and that the quantity of pollutants emitted to ambient air in the course of use thereof be minimised.
  56. A procedure for carrying, storing and verifying the quality of fuel and combustibles shall be established by the institutions authorised by the Government.
  57. Fuel combustion installations may use only the fuel indicated by the manufacturer of the installation in the technical or operation documents of the installation, where the content and quality thereof meet the requirements set forth in paragraph 1 of this Article. CHAPTER THREE PERMIT FOR EMISSION OF POLLUTANTS TO AMBIENT AIR Article
  58. Normative Standards of Allowable Pollution
  59. The Ministry of Environment shall draw up lists of the stationary sources of pollution which are subject to the normative standards of allowable pollution.
  60. The Ministry of Environment shall draft and approve a procedure for establishing the normative standards of allowable pollution. Article
  61. Permit for Emission of Pollutants to Ambient Air
  62. Pollutants may be emitted from a stationary source of pollution to ambient air solely subject to holding of a permit therefor.
  63. The Ministry of Environment shall establish a procedure for and conditions of issuing the permits.
  64. The Ministry of Environment shall establish the quantities of pollutants allowed to be emitted to ambient air from stationary sources of pollution according to capacities of the technological installations in use and other conditions relating to regulation of ambient air pollution.
  65. The following persons shall be given priority when issuing permits: 1) the persons producing energy for residential premises, health care establishments, also nursing, children teaching and educational establishments; 2) the persons whose economic activities result in the emission of the smallest quantity of pollutants and whose energy needs per one product of the same category are the lowest.
  66. Information on issued permits and applications for issuance thereof must be available to the public.
  67. The operator of a stationary source of pollution must, without delay, give a notice to the institution which has issued a permit of the changes in production or technological processes which might increase the quantities of emitted pollutions or cause the emission of other pollutants. CHAPTER FOUR RIGHTS AND DUTIES OF PERSONS Article
  68. Rights of Persons Persons shall have the right, in accordance with the procedure laid down by the Government or an institution authorised by it: 1) to obtain correct information from state administration and self-government institutions concerning the condition of ambient air, normative standards of allowable pollution and the effect of planned economic activities; 2) to participate in the process of assessment of the effect of planned economic activities on ambient air; 3) to require termination of the harmful impact of objects of economic activities on ambient air. Article
  69. Duties of Persons
  70. In manufacturing, carrying, storing and using the equipment, products or materials which, in the course of manufacturing, distribution, storage or use, cause pollution of or may pollute ambient air, a technique must be selected that would protect ambient air against unallowable contamination.
  71. Manufacturers, carriers, importers and operators must manufacturer, import and operate only the mobile sources of pollution which would not exceed the permissible level of pollution as specified by the Ministry of Environment.
  72. Manufacturers, carriers and operators must use technical equipment and sources of pollution according to technical specifications and additional conditions, where they have been specified by the Ministry of Environment or municipalities within the sphere of their competence, subject to prior co-ordination with the state institutions which have approved the conditions.
  73. Manufacturers, carriers and operators must, in accordance with the procedure laid down by laws and other legal acts, inform environmental protection institutions and the public of ambient air pollution and the measures taken to minimise this pollution. Article
  74. Duties of an Operator of a Source of Pollution
  75. An operator of a source of pollution must act in compliance with the established normative standards of pollution and ensure that the pollutants emitted to ambient air from the sources of pollution belonging to it, upon assessing the current level of pollution, do not exceed the limit or target values of pollution specified for a specific location.
  76. An operator of a stationary source of pollution must develop a programme for minimising ambient air pollution providing for measures to reduce the quantity of emitted pollutants in the event of unfavourable conditions for dispersion of pollutants. The programme shall be submitted to approve to the institution which has issued a permit for emission of pollutants to ambient air.
  77. An operator of a source of pollution who is engaged in underground extraction and explosive work, establishment of dumping grounds or other waste storage facilities must apply the newest low-pollution technologies to reduce pollutant emissions to ambient air. Article
  78. Accounting of Emissions of Pollutants to Ambient Air
  79. An operator of a source of pollution holding a permit for emission of pollutants to ambient air must, in accordance with the procedure laid down by laws and other legal acts, keep accounts of raw materials, fuel, energy input, production volumes and the pollutants formed and emitted to ambient air.
  80. An operator of a source of pollution must submit reports to the institution which has issued a permit for emission of pollutants to ambient air. A procedure for submitting the reports, the content and form thereof shall be specified by the Ministry of Environment. Article
  81. Requirements for Pollutant Reduction Measures and Incineration of Waste
  82. The measures aiming at reduction of the pollutants emitted to ambient air may not cause contamination of soil, water and other elements of the environment.
  83. It shall be prohibited to burn dry grass, reed, and stubble. It shall be prohibited to incinerate waste, with the exception of the cases when it is incinerated in the installations built for this purpose in compliance with provisions of paragraph 1 of Article 15 of this Law. Article
  84. Duties of an Operator of a Source of Pollution in the Event of Accidents
  85. Each operator of a source of pollution must draw up an action plan in the event of occurrence of accidents and response thereto.
  86. In the event of an accident relating to a likely considerable discharge of pollutants to ambient air, an operator of a source of pollution must, without delay, give notice thereof to a municipality, a county’s governor, the Ministry of Environment and the Civil Protection Department, also take measures to respond to the accident and limit adverse effects.
  87. Accident response plans shall be drawn up in accordance with the procedure laid down by the Law on Civil Protection and other laws. CHAPTER FIVE FINAL PROVISIONS Article
  88. Liability for Infringements of This Law
  89. The persons in breach of requirements of this Law shall be held liable under the law.
  90. An operator of a source of pollution who has caused pollution of the environment by an unlawful act must compensate for the damage and, where possible, restore the state of an element of the environment. Article
  91. Treaties In the cases where the effective treaties ratified by the Republic of Lithuania prescribe other provisions than those established in this Law, the provisions of the treaties shall apply. Article
  92. Repealing of Legal Acts The following legal acts shall be repealed: 1) the Law on Atmosphere Air Protection (Official Gazette, No 17-216, 1981); 2) Paragraph 8 of Decree No X-4418 of the Presidium of the Supreme Soviet of 28 November 1984 on Amendments to Some Enactments of Laws of the Lithuanian SSR (Official Gazette, No 34-391, 1984); 3) Paragraph 9 of Article 1 of the Law on Temporary Extension of Validity of the Laws in Force in the Territory of the Republic of Lithuania and Adopted until 11 March 1990 (Official Gazette, No 118-3046, 1997; No 59-1657, 1998). I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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