Consideration of permit application as specified in the Environmental Code
Here you find support and information about the various steps required prior to and during consideration of permit applications as specified in the Environmental Code. The page mainly deals with the permit application for environmentally hazardous activities considered by the County Administrative Board’s Environmental Review Delegation.
The purpose of the page is to provide simple and clear information about the permit application process to help applicants understand the process and thereby contribute to fair and efficient consideration of permit applications. Society is facing a major transition and fair and efficient consideration of permit applications is an important part of the industry’s transition.
This page is intended for
Operators who conduct or intend to conduct environmentally hazardous activities subject to a permit which must be approved by the Environmental Review Delegation at the County Administrative Board (‘B’ activities). Others who deal with permit application procedures may also benefit from the information.
Good to know
The permit application procedure has been and is under regular review. For this reason, the information may be updated as changes are made.
Reading instructions
There are significant similarities between what applies for an activity that must be approved by the Land and Environment Court and one that must be approved by the Environmental Review Delegation. This is particularly so for what applies before a permit application is submitted. There are differences, however, especially in the proceedings of the reviewing authority, as described in the section “Consideration of permit applications”. Since this page describes what applies for an environmentally hazardous activity that is subject to approval by the Environmental Review Delegation this is to be kept in mind.
Applying for a permit can be divided into different stages. We have chosen to divide the process based on the chronological order of the elements into three sections as follows:
- Preparing for consideration of a permit application;
- Consideration of the permit application;
- Consideration of any appeal.
To conduct environmentally hazardous activities with a permit” is not part of the consideration of the permit application but we believe that it is of use to briefly describe what applies when an operator has been granted a permit. Therefore, there is a section on conducting environmentally hazardous activities with permit.
Areas not addressed
Although issues such as changes to permit conditions, consideration of postponed matters and extension of the commencement time are part of the permit procedure, they are not dealt with.
The purpose of the permit application process
The purpose of permit application process is to try activities that affect the surroundings in a legally secure and efficient manner. Through the permitting process acceptable protection for human health and the environment is guaranteed. A permit also gives the operator safety since the requirements to force a change of a permit are quite high. The purpose of permitting process is also to give the concerned public access to and a chance to influence the process. Several of the parts and requirements that are found in the current permitting process make sure that Sweden fulfills international and EU legal requirements in the environmental field. The permitting process is a part of the environmental legal system that has as a purpose to achieve a sustainable development.
Preparing a permit application
A number of questions need to be answered and steps need completion before consideration of the permit application by the reviewing authority can begin. This includes deciding whether the activity is subject to a permit and, if so, which reviewing authority should examine the application. For activities subject to a permit, consultation is relevant. This section of the page explains what applies and what is important to consider before an application for a permit is submitted.
1. Is the activity subject to a permit or notification requirement?
Notification or permit requirements may apply to conduct or intend to conduct environmentally hazardous activities. This applies both for changes to existing activities and completely new activities. An activity subject to notification or permit may not be conducted if it has not undergone a notification or permit consideration procedure.
In the Environmental Consideration Ordinance (2013:251) most of the rules on requirements for notification and permits are found. A permit requirement may also result from the Ordinance Environmentally Hazardous Activities and Protection of Public Health (1998:899) if certain hazardous substances are handled. A permit is also required if the supervisory authority find that the activity may cause substantial environmental impact. Also, in other cases the supervisory authority may require an operator to apply for a permit it the activity may give rise to substantial detrimental effects to human health or the environment. Below are links to pages that describes this more in depth. . It is also possible to apply for a permit for an activity that does not require a permit. The Environmental Impact Assessment Ordinance specifies when a change to a permitted or notified activity is subject to a new notification or permit.
In the Environmental Consideration Ordinance there are also rules on when a change of an activity is subject to notification or permitting process.
If the activity is subject to a permit, the process below must be followed including that consultations must be held and either an environmental impact statement or a small environmental impact statement must be submitted.
If the activity is subject to notification, other rules apply and information can be found on the page Notification for a ‘C’ activity.
An activity can consist of both environmentally hazardous activities and water activities. The main rule is that water activities require a permit and that the permitting process is done at the Land and Environment Court, while land drainage as a main rule is permitted by the County Administrative Board.
Because it is important that a satisfactory permitting process of the whole activity´s impact is done this can result in that the environmentally hazardous activity, that shall apply at the Environmental Review Delegation, and a water activity, that shall apply at the Land and Environment Court, needs to be subject to a permitting process at the same permitting authority. Such a permitting process is done at the Land and Environment Court.
Additional reading (in Swedish)
2. Initiate investigation on significant environmental impact
If the activity is subject to a permit and a significant environmental impact can be assumed, a specific environmental impact statement must be submitted. The Environmental Impact Assessment Ordinance (2017:966) regulates that certain activities can always be assumed to have such an impact. For other activities, it needs to be investigated whether such an impact can be assumed.
One way this is done is by the operator producing thorough consultation documentation and holding a screening with certain designated actors. The consultation is also to include individuals who can be assumed to be particularly affected and authorities. The Swedish Environmental Protection Agency are sometimes involved in these screenings.
The screening and the investigation at this stage are about examining whether the activity can be assumed to cause a significant environmental impact. It is the operator that is responsible for these parts.
Additional reading (in Swedish)
3. Decision on significant environmental impact
When an investigation has been done it is the County Administrative Board that in a special decision determines whether the activity can be assumed to cause a significant environmental impact. If the operator considers that a significant environmental impact can be assumed, no investigation is required and there is no subsequent decision from the County Administrative Board. Even at this stage, the County Administrative Board or the operator should consider whether the activity can be assumed to cause significant environmental impact in another country.
If an activity results in a significant environmental impact, a specific environmental impact statement is to be submitted.
No significant environmental impact
If the County Administrative Board decides that a significant environmental impact cannot be assumed, a small environmental impact assessment is to be produced. This statement is to include the information needed for an assessment of the essential environmental effects that the activity can be expected to have. Although it is not more precisely specified what a small environmental impact statement should contain, in many cases the County Administrative Board’s decision that the activity cannot be assumed to cause significant environmental impact can provide guidance on the scope of the statement and how the consultation documentation can be used. This means that the operator does not need to have scoping consultations.
Additional reading (in Swedish)
4. Draw up consultation documentation
Significant environmental impact
When a specific environmental impact statement is to be submitted, consultation documentation must be drawn up. The consultation documentation serves as the basis for the coming scoping consultation and for the environmental impact statement that is to be submitted together with the application. It is important to have detailed consultation documentation for all actors to be able to provide the comments necessary for facilitating completion of the application and the environmental impact statement. In many cases, thorough consultation documentation helps the permit consideration processes to progress more smoothly and faster.
If the activity or measure can be expected to cause transboundary environmental impacts, the consultation documentation must contain the information to allow Sweden to notify the affected country or countries that an environmental impact statement is being drawn up and give these countries the opportunity to participate in assessment of the environmental impact.
Additional reading (in Swedish)
5. Holding scoping consultations
An important part of the specific environmental impact statement is holding the scoping consultation. The scoping consultation involves consulting on the limits of the environmental impact statement so that it is given an appropriate scope and level of detail. The operator is responsible for holding the scoping consultation and producing sufficient consultation documentation. The County Administrative Board’s role is to promote that the environmental impact statement has the scope and level of detail needed for considering the permit application. Other actors, including the Swedish Environmental Protection Agency and other authorities, individuals who can be assumed to be particularly affected and even the public, have important roles in contributing knowledge and comments on the impact of the activity and asking questions that may need to be investigated.
For transboundary scoping consultations, the Swedish Environmental Protection Agency is responsible for notifying the affected countries. The operator should therefore contact the Swedish Environmental Protection Agency well in advance of the start of the consultation to speed the provision of notification and that the permit process is not delayed.
Additional reading (in Swedish)
6. Drawing up the application and environmental impact statement
After the scoping consultation, the operator is to compile the results and produce an environmental impact statement and an application. The application shall be in writing and fulfil the requirements of Chapter 22 of the Environmental Code.
The application must amongst other things include proposals for protective measures or other precautionary measures and the other information needed to assess how the general rules of consideration in Chapter 2 of the Environmental Code are followed.
Some activities are subject to the industrial emissions directive, which means that consideration may need to be given to documents containing conclusions on best available technology, known as BAT conclusions. Rules on status reports may also need to be considered as a result of a consideration of a permit application. This impacts the content of the application.
To avoid this and reduce the need for supplemental requirements made by the reviewing authority, thus risking delays, it is better to do a thorough job in preparing the application. This does not mean that the operator needs to agree to all the demands or investigations that other stakeholders want, but it is often an advantage if the operator explains why the demands and investigations are not necessary. In the end, it is the reviewing authority that determines the need for requirements and investigations.
If the deficiencies in the application or the environmental impact statement are sufficiently serious, or if the stakeholders concerned have not been given the opportunity to participate in the consultation, the application may be rejected or the permit denied.
Additional reading (in Swedish)
How long does this step take?
Our view is that a well-considered application and a thorough consultation process improve the permit consideration procedure and reduces the amount of time needed. There are no statistics for how long the steps before an application take.
Consideration of permit applications
Consideration of permit applications begins with submission of a permit application to the permitting authority, which initiates the proceedings of the application.
7. Submit the application
Consideration of permit applications begins with the operator applying for a permit at the permitting authority. For ‘A’ activities, the application must be submitted to the Land and Environment Court and for ‘B’ activities to the Environmental Review Delegation. Applications for ‘B’ activities and water activities are submitted to the Land and Environment Court.
There are significant similarities in the proceedings of the Land and Environment Court and the Environmental Review Delegation, but there are also differences. The information below describes the proceedings of the Environmental Review Delegation.
Submitted applications must be in writing and include an environmental impact statement if one is needed. The County Administrative Board has a common e-application where the application can be done. The Environmental Review Delegation processes and then reviews the application. As the permitting authority the Environmental Review Delegation is amongst other things responsible for the investigation of the application in a satisfactory manner and that the actors that have a right to be heard are heard.
The application documents are to be submitted in the number of copies that the Environmental Review Delegation deems necessary. See moments 1-6 in the section “Drawing up the application and environmental impact statement” for information requirements for the application, the environmental impact statement and the consultation.
Additional reading (in Swedish)
8. Possible additional requirements
If the operator (applicant) has not submitted a sufficient number of copies of the application documents or if the application is incomplete, the Environmental Review Delegation must instruct the operator to correct any errors and provide what is missing. If this is not addressed and the issues are so significant that the application cannot be considered, the application may be rejected. This means that it is not considered on its merits.
Even though it is not a requirement, the Environmental Review Delegation can refer the application to various authorities who may comment on whether the application is sufficient to be assessed or whether additional information is needed. The Swedish Environmental Protection Agency sometimes have comments on the need for additional information. Often, the operator has the opportunity to respond to comments and supplement the application.
Additional reading (in Swedish)
9. Announcement and briefing round
Once all additional requested information is completed and the application has not been rejected, comments can be submitted on the application and the environmental impact statement. This is primarily instigated through a public announcement done at the Environmental Review Delegations webpage and in the local press. The Environmental Review Delegation can also by other ways give those impacted by the activity the opportunity to comment on the application. There are requirements to give state and municipal authorities an opportunity to submit comments.
The public announcement must clarify when a country has requested to participate in the transboundary environmental impact statement and this or these countries must be given the opportunity to comment on how the environmental impact statement is produced and be given access to the permit application. The Sweden Environmental Protection Agency is responsible for conducting what is known as the Espoo consultation.
It is common for comments to be submitted, and the operator is normally given the opportunity to respond to these. This is called briefing round. Comments can come from authorities such as the Swedish Environmental Protection Agency, local residents and non-profit organisations, among others. Anyone may submit comments to the Environmental Review Delegation, and there is no requirement to be a local resident or affected in any way.
The Environmental Review Delegation is responsible for leading the investigation and is to ensure that a matter is investigated to the extent required by its nature so that it may be subject to a decision. There may be a number of rounds of briefing where the operator and other stakeholders are given the opportunity to comment. Sometimes one round is sufficient. The extent of the briefing round may depend on the complexity of the case and the submitted comments.
The Environmental Review Delegation can hold a meeting with stakeholders and conduct on-site inspections if necessary for the investigation of the case. This is not a requirement and supplement the written proceedings.
Additional reading (in Swedish)
10. Conclusion of the environmental assessment
The operator is responsible for producing the environmental impact statement, but the Environmental Review Delegation completes the environmental assessment by deciding whether the environmental impact statement meets the requirements in Chapter 6 of the Environmental Code. If the Environmental Review Delegation judges that the environmental impact statement cannot be accepted the activity cannot be granted a permit. This decision can be made through a special decision or when the permit application is decided. The environmental assessment concludes by the Environmental Review Delegation identifying, describing and making a final and overall assessment of the environmental impacts based on the information provided in the environmental impact statement and what has otherwise emerged during the proceedings from authorities, individuals who are particularly affected, the public and the results of any consultation between the parties in transboundary contexts.
11. Decision
When the proceedings are completed and the case is ready to be decided, the Environmental Review Delegation issues a written decision on whether a permit for the applied activity can be granted or not. In this decision, the Environmental Review Delegation normally decides whether the environmental impact statement can be approved or not.
The decision either denies the permit application, either through rejection or denial, or grants the permit. If a permit is granted, the positive decision always includes a number of requirements for the operator, such as in the form of permit conditions, which must be adhered to.
If another country participated in the environmental assessment, the final decision is also sent on this country. The Swedish Environmental Protection Agency is responsible for sending the decision to the other country.
Matters that can be decided at a later date or by the supervisory authority
The Environmental Review Delegation is to take a position on all questions at the time of the review, but decisions on certain questions may be postponed for a trial period or be delegated to the supervisory authority. Postponing or delegating a question means that all questions are not settled in the permit decision. This does not prevent the operator from conducting activities based on the permit. Issues that are decisive for whether a permit can be issued or not, known as permissibility questions, may neither be postponed nor delegated.
Postponing a decision on a certain question, for example air emissions, can occur when the effects of the activity cannot be predicted with sufficient certainty. This may be postponed until experience has been gained from the impact of the activity. Postponing a question allows the operator to further investigate the matter for a period of time and report back on the results to the Environmental Review Delegation, which may then decide how the matter should ultimately be regulated. It is common for a temporary ruling on a matter, known as a provisional ruling, to apply until the matter is finally settled.
The option to delegate a matter to the supervisory authority may be used if the conditions are of minor importance. This allows the supervisory authority to decide on conditions in the delegated matter.
12. Legally binding
If there are no appeals of the Environmental Review Delegation’s decision within the appeal period, it gains legal force.
Beginning activities before the decision becomes legally binding?
The main rule is that an activity may not be initiated before a decision has gained legal force, but the Environmental Review Delegation can decide the activity may be initiated before the decision has become legally binding. This is called enforcement order to use a permit. To initiate an activity with support of an enforcement order to use a permit is always a risk for the operator since the decision can be appealed and altered. The authority reviewing an appeal can also decide in a separate decision that the enforcement order to use a permit no longer applies.
How long does it take to consider a permit application?
Statistics from 2022 show that the processing time for half of the cases, from the received application to the environmental review delegation's decision, takes a maximum of 349 days.
Consideration of appeals
Consideration of the permit application does not have to be completed when the reviewing authority announces the permit decision, as such decisions can be appealed. The following information explains what applies and what to consider when a case is appealed.
13. The appeal
The Environmental Review Delegation’s decision can be appealed to the Land and Environment Court by stakeholders affected by the decision.. This means that the operator has the opportunity to appeal the decision. Local residents and certain non-profit organisations usually also have the right to appeal. The same applies to certain municipal and state authorities. In principle, the corresponding organisations and authorities in another country that have participated in a transboundary environmental impact process have the same right to appeal as an organisation and authority in the country where the activity will take place. The Nordic Environmental Protection Convention and the Swedish-Finnish Transboundary River Agreement give a special right to appeal a decision in another country.
An appeal must be made within the appropriate time. For a party representing the general public, the appeal period is three weeks from the decision and for others it is three weeks from the time the stakeholder who wants to appeal receives notice of the decision.
The appeal must be submitted to the authority that announced the decision, i.e. the Environmental Review Delegation, which decides whether the appeal has been received in time. If the appeal has been submitted in time, it is then referred to the Land and Environment Court. Otherwise, the Environmental Review Delegation is to dismiss the appeal.
The Land and Environment Court decides whether the stakeholder who appealed has the right to do so or whether the appeal should be dismissed. If the appeal is made by a stakeholder who has the right to appeal, the appeal must be assessed.
The claims made by the appealing party(ies) and what has been examined by the Environmental Review Delegation determine what the Land and Environment Court is to examine. If only the operator has appealed and only claimed that one certain condition is to be made more lenient the only thing that is to be decided is whether the Environmental Review Delegation condition should be left unchanged or changed in a more lenient way in whole or in part according to the claims. If instead a local resident has appealed that a permit has been granted and argues that the permit is not be granted, then this issue is to be reviewed. I that case it is not possible to change a permit condition in a more lenient direction, but the permit application can be denied or permit conditions can be made harsher. Both examples illustrate the rule that the person that appeals cannot suffer from doing so. If both the operator and the local resident appeals as above then it is the claims made in both appeals that determined what can be decided. What is to be reviewed is usually called the judicial framework.
14. Proceedings of the Land and Environment Court
The proceedings are, apart from the possibility to hold meetings and onsite judicial inspections, in writing. As a general rule, the Land and Environment Court gives counterparties to the appealing party(appellant) the opportunity to comment. This is called “briefing round”. The extent of the briefing round depends on the case’s complexity and what the proceedings reveal. If the Land and Environment Court does not change the appealed decision, it does not have to give the counterparties the opportunity to comment.
A difference compared to the proceedings of the Environmental Review Delegation is that only the appellant and the counterparties have the right to comment in the case. The process is between the parties in the case. One exception to this is that the Land and Environment Court can request comments from an authority if it considers this necessary for the investigation in the case. That authority is then a referral authority and the opinion is called a referral comment. The referral authority does not have the right to make claims.
The Land and Environment Court can hold meetings. The same applies for onsite judicial inspections, that is, visits take place at the location relevant in the case. Neither the meeting nor the inspection are mandatory elements.
15. Judgements from the Land and Environment Court
When the Land and Environment Court has finished preparing the case, it can make a decision. The Land and Environment Court then takes a position on whether there is reason to change the appealed decision, in whole or in part, or whether it should stand. This is done through a judgement.
If there are no appeals to the Land and Environment Court’s judgment, it gains legal force.
16. Appeals to and proceedings in the Land and Environment Court of Appeal
Decisions by the Land and Environment Court can be appealed to the Land and Environment Court of Appeal. The Land and Environment Court of Appeal is the last body for consideration of permit applications initiated at the Environmental Review Delegation. For the Land and Environment Court of Appeal to hear the appeal, leave to appeal is required.
As is the case when appealing decisions by the Environmental Review Delegation, the appeal must be submitted in time by a stakeholder who has the right to appeal.
If leave to appeal is granted, the proceedings in the Land and Environment Court of Appeal are similar to the proceedings in the Land and Environment Court. This means amongst other things that it is a process between the parties in the case and that the proceedings are in writing, but that it is also possible to hold meetings and have onsite judicial inspections.
Once the Land and Environment Court of Appeal decides it has completed preparation of the case, it can make a decision. The Land and Environment Court of Appeal then decides whether there is a reason to, completely or in part, change the Land and Environment Court’s decision or if it is to stand. This decision is given as a judgement.
Additional reading (in Swedish)
How long will consideration of an appeal take?
There is no simple answer to the question on how long time a consideration of an appeal takes. Factors that impact this are likely what the appeal is about, the complexity of the issue, the number of stakeholders that has appealed and if the number of bodies of appeal.
Conducting environmentally hazardous activities with a permit
Operators are responsible for following the rules related to their operations. You must also be able to demonstrate for supervisory authorities that the regulations are met and the activity actively works to prevent, stop and counter damage or harm by activity to human health and the environment. That the activity conserves raw materials and energy, that the amount of waste is minimised and that the chemical products used have as little environmental impact as possible.
Supervision
Supervision is based on the rules in the Environmental Code. Environmentally hazardous activities subject to a permit are supervised by the County Administrative Board, but it is also common for supervision to be left to the municipality in which the activity is located.
The supervisory authority’s main task is to ensure that your activities comply with the rules of the Environmental Code, including regulations, judgments and decisions. Supervision includes control of awarded permits and notified conditions, assessment of status reports, review of annual environmental reports and follow-up of the activity’s self-inspections. Good supervision helps ensure that different activities are conducted on equal terms. In the event of deficiencies, the supervisory authority must take the necessary measures to address the problem. The supervisory authority must also, through information or the equivalent, make it easier for your operations to comply with the rules. If the supervisory authority judges that the conditions in the permit are not sufficient, there is an obligation to initiate a review.
Self-inspection and control programme
The requirement for self-inspection means that you as an operator must regularly inspect the activity and its impact on the environment and continuously work to reduce the activity’s environmental impact and ensure that you have sufficient knowledge to meet the requirements of the Environmental Code. Self-inspection includes having good procedures for operation, care and maintenance and that you take measures to ensure that regulations are always adhered to.
A control programme is part of self-inspection but concentrates on how control of conditions is done. You submit a proposal for the control programme, which the supervisory authority then assesses.
There are provisions in the Self-inspection Regulation that can provide a guide for your activity’s self-inspections. In addition, there is general advice and a handbook from the Swedish Environmental Protection Agency.
Environmental report
All operations subject to a permit are required to submit an environmental report annually.
Fees for consideration and supervision
An operator who conducts an environmentally hazardous activity requiring a permit or conducts an environmentally hazardous activity with a voluntary permit must pay a fee for consideration and supervision as per the Environmental Code. The fee must be paid every year and covers the state’s costs for consideration and supervision. If the supervision is entrusted to a municipality, the municipality charges a fee for the supervision, the County Administrative Board then also charges a fee to cover the state’s costs for consideration.
Environmental sanction charges
If you violate certain provisions of the Environmental Code, the supervisory authority must fine an environmental sanction charge. Which regulations are associated with an environmental sanction can be seen in the Environmental Sanction Charges Ordinance. An example of when an operator needs to pay a fine is if you are late in submitting the environmental report.
Suspicion of crime
If the supervisory authority can determine that a punishable provision in Chapter 29 of the Environmental Code has been violated, there is an obligation to report this to the Swedish Police Authority or the Public Prosecutor’s Office. The Police Authority and the Public Prosecutor’s Office investigate whether the violation also constitutes a crime.
FAQ
What does it mean that the Government considers the permissibility?
Chapter 17 of the Environmental Code has provisions requiring or allowing the Government to consider the permissibility of an activity, i.e. that the Government decides whether the activity can be allowed or not.
Additional reading (in Swedish)
Can I initiate the activity before I receive a decision?
Activities with notification requirement may not be initiated until notice of the activity has been submitted to the supervisory authority and at least six weeks have passed, unless the supervisory authority decides otherwise. This means that if the supervisory authority has not made a decision within six weeks, the activity may be conducted.
The following applies to activities that require a permit.
It is not permitted to initiate an activity subject to a permit before the permitting authority has issued a permit. The main rule is also that the decision must have gained legal force. However, there are exceptions to this.
The permitting authority may decide that an activity may be initiated even if the permit decision has not gained legal force. This is called enforcement order to use a permit. Initiating an activity based on a preliminary authorization to use a permit is always done at the operator’s own risk, since the decision has not yet gained legal force and an appeal can result in the decision being changed by the body that decides the appeal. The body reviewing an appeal can also decide in a separate decision that the enforcement order to use a permit no longer applies.
The reviewing authority can also take a separate decision on whether the activity is permitted or not. This is called an permissibility decision. A permissibility decision means that questions on how the activity is to be more closely regulated may be decided in a later decision. If the reviewing authority has found that the activity is permissible and if the speedy implementation of the activity is essential, it may make a separate decision to grant permission for the work that needs to be conducted. This is called a commencement decision. A commencement decision allows the operator to start the necessary work before the announcement of the final decision on how the activity is to be regulated.
Definitions
Denial of permit application
If the permitting authority decides on denial of permit application the operator will not be granted the applied permit because the permitting authority judges that the conditions for granting a permit are not met.
A denial of an appeal means that the authority that decides on the appeal does not find that there are reasons to change the appealed decision.
Compare the difference with rejection of permit application.
Rejection of permit application
A decision on rejection of permit application in a permitting process means that the permitting authority does not grant the permit application because it judges that certain basic conditions are not met. This can be that the investigation is so flawed that in cannot hold for a permitting process or that the hearing has not been held with all that should have heard. A decision on a rejection of a permit application means that the permitting authority does not consider the application on its merits, i.e. if the activity can be run at the actual location and in such a case under what circumstances.
A rejection on an appeal means that the authority that decides on the appeal does not consider it on its merits. This means that the appeal decision is not changes due to the appeal. Rejection can be the result if the appellant does not have the right to appeal.
Compare the difference wit denial of permit application
Environmentally hazardous activities
As per Chapter 9, section 1 of the Environmental Code, environmentally hazardous activities are
- the discharge of wastewater, solid matter or gas from land, buildings or structures onto land or into water areas or groundwater;
- any use of land, buildings or structures that entails a risk of detriment to human health or the environment due to discharges or emissions other than those referred to in the above point or through pollution of land, air, water areas or groundwater; or
- any use of land, buildings or structures that may cause a detriment to the surroundings due to noise, vibration, light, ionizing or non-ionizing radiation or similar impact.
This means that a variety of things can constitute environmentally hazardous activities. An environmentally hazardous activity does not have to be subject to notification or a permit.
Environmental Impact Statement
A document containing a description of the environmental impact of a certain environmental hazardous activity, what safety measures the operator plans to undertake and alternative solutions for the activity.
Party
One who is involved in a permitting process and can make claims. For example the applicant who claims that a permit is to be granted for the environmentally hazardous activity that it wants to run.
Permitting authority
The authority that decides if permit to the environmentally hazardous activity can be granted. For environmentally hazardous activities that require a permit it is the County Administrative Board’s Environmental Review Delegation or the Land and Environment Court that are permitting authorities.
Consultations
One or more occasions when the locals and authorities that are affected by the project can make comments and discuss so that material for the application and the environmental impact statement can be improved. One can make comments in oral at a meeting or in writing (through e-mail or letter).
Applicant
The one applying for a permit.
Operator
The one running an activity.