- Decision on the environmental conditions.
Almost all renewable energy sources except for the solar energy have influence on the ecosystem and environmental impact. As a result, the building of such structures or devices associated with the operation of such energy sources requires a decision on environmental conditions. Such a decision, upon a request of the entity, is taken by the head of the municipality, mayor, or the president of the city having jurisdiction over the location of the investment. The issue of the above decision is preceded by an assessment of the environmental impact. In case of recognition of the establishment as likely to have a significant impact on the environment, the authority shall issue an order on the basis of which it obliges the applicant to prepare an environmental impact report.
The application for the above mentioned decision should be accompanied by:
- a report on the impact of the project on the environment or a project outline specification (for investments that could only potentially impact on the environment);
- a copy certified by the relevant authority of a cadastral map covering the anticipated area on which the project will be implemented, and covering an area that will be affected by the project;
- an extract from the land register covering the anticipated area.
The issuance of the decision on environmental conditions takes place prior to obtaining a construction permit.
- Report on the environmental impact
It is required in relation to investments that could significantly affect the environment. A list of such investments is included in the Regulation of the Council of Ministers of November 9th, 2010 on projects likely to have significant effects on the environment.
Its provisions indicate that such investments include plants using wind energy to generate electricity with a total nominal power of not less than 100 MW and other located on the territory of the Republic of Poland.
The report on the environmental impact of the investment should contain the data indicated in Article
66 of the Act of October 3rd, 2008 on sharing information about the environment and its protection, public participation in environmental protection and environmental impact assessments.
Instead of a report on the environmental impact of the investment, the entity concerned may submit the project outline specification along with an application for the determination of the scope of the report. Determining the scope of the report is done by means of a decision
- Project outline specification
The following projects have been identified as potentially likely to have significant effects on the environment. These include plants using wind energy to generate electricity:
a) localized in areas of covered by environmental protection, excluding devices dedicated exclusively to power road signs and railway control devices or monitoring road or railway traffic, beacons, lighting devices, billboards and advertising signs,
b) of a total height not less than 30 m.
In such cases, it is sufficient to draw up a project outline specification for the purposes of a decision on environmental conditions.
- Protection against noise
The emission of noise does not require a permit. In this respect, there is no obligation to pay fees for the use of the environment. However, in the case of a large nuisance and exceeding the specified limits in this respect (they have been defined in the REGULATION OF THE MINISTER OF ENVIRONMENT from June 14th, 2007 on acceptable noise levels in the environment), the environmental authorities may issue decisions towards entrepreneurs providing acceptable levels of noise. Violations may result in the imposition of a fine.
As a rule permissible noise levels shall be established for areas for residential development, hospitals and nursing homes, buildings connected with the stay of children and young people and areas designated for the purposes of spa, recreational as well as residential and services areas.
Therefore, if there are such areas in the vicinity of the wind farm, restrictions on noise emissions should be expected. Indications on which areas belong to each category are stated in the local area development plan. Until such the indication of permissible noise levels in the environment, the limit values for this type of terrain with a similar fate should apply.
As a result, when planning the construction of an industrial plant, it is necessary to refer to the above mentioned documents, and in case of their absence, to determine to which category the surrounding area applies and whether there are similar structures located nearby and whether quiet areas have been designated in the vicinity.