Joint Decree No.1 of 1995 of the Ministry of Environment, the Ministry of Health and the Ministry of Agriculture and Food regarding validation of the Regulation on Environmental Impact Assessment

REPUBLIC OF BULGARIA MINISTRY OF ENVIRONMENT MINISTRY OF TERRITORIAL DEVELOPMENT AND CONSTRUCTION MINISTRY OF HEALTH MINISTRY OF AGRICULTURE AND FOOD INDUSTRY Regulation No. 1 of 7 August 1995 on the Environmental Impact Assessment Promulgated State Gazette No. 73/18.08.1995 Chapter One GENERAL PROVISIONS Article 1 This Regulation shall set forth the terms and procedure for the environmental impact assessment (EIA) for the projects, facilities and activities under Article 20, and § 9 of the Environmental Protection Act. Article 2 (1) Subject to EIA shall be: 1. National and regional development investment programmes; 2. Territorial development plans and general urban development plans and their modifications; 3. Construction and regulation plans and their modifications providing for changes in the functional designation of construction of plants and facilities set forth in Annexes 1 and 2 to the Environmental Protection Act, as well as construction designs related to changes in the functional designation of lands in the agricultural and forest funds by plants and facilities set forth in Annexes 1 and 2 to the Environmental Protection Act; 4. Designs for new facilities and designs for expansion or reconstruction with changes in the functional designation of the facilities set forth under Annexes 1 and 2 of the Environmental Protection Act; 5. Operating facilities set forth in Annexes 1 and 2 to the Environmental Protection Act; 6 Facilities subject to privatization or restitution. (2) Upon motivated proposal from the competent authorities, subject to EIA may also be other plants and facilities apart from those set forth under paragraph (1). Article 3 (1) The environmental impact assessment under Article 2, (1), 1 - 3, shall be assigned by the person or the authority providing the funding for the respective program, territorial development plan or urban development plan. (2) The environmental impact assessment under Article 2, (1), 4, shall be assigned by the investor of the facilities. (3) The environmental impact assessment under Article 2, (1), 5, shall be assigned by the owner or user of the facilities. The assessment shall be made upon: 1. Motivated recommendation from the competent authorities: a) periodically - by list approved every year by the Minister of Environment, whereas assessment for large facilities - pollutants shall be made at least once in 5 years; b) upon ascertainment by environment supervising bodies of repeated violation of environment related legislation; 2. Motivated proposal from concerned natural or legal persons, submitted to the competent authorities; 3. Request by the owner or user of the facilities. (4) The environmental impact assessment under Article 2, (1), 6, shall be assigned by the owner of the facilities or by the body in charge of the privatization. Article 4 (1) The environmental impact assessment shall be assigned to independent experts who: 1. Possess professional competence, certified under terms and procedure specified by the Minister of Environment; 2. Sign a declaration stating that: a) they have no relation of dependence with persons, bodies, companies or enterprises that are investors, designers, owners or users of the facilities; b) they have not participated in the preparation of the program, plan or design, and they have no direct interest in the implementation of the plan, design, or the completion of the activities; c) they are not permanent members or full-time members of an expert committee for approval of EIA. (2) The person assigning the EIA shall provide the necessary information for completion of the assessment. (3) The measurements and the laboratory tests needed for the EIA shall be performed by laboratories included in a list approved by the Minister of Environment. (4) The person initiating the EIA shall bear the costs for the EIA. Chapter Two EIA PROCEDURES Article 5 (1) The specific EIA procedure for each national or regional investment development program shall be determined in accordance with the type, nature, specific features, scope and purposes of the program, by the Minister of Environment in coordination with the Minister of Territorial Development and Construction, the Minister of Health and the Minister of Agriculture and Food Industry. (2) The Environmental Impact Assessment under Article 2, (1), 2, shall be prepared as a part of the territorial development plan or the general urban development plan, whereas: 1. Public discussion shall be considered to be the completion of public assessment of the territorial development plan or the general urban development plan, and where no public assessment is provided for - the coordination of the respective plan; 2. The decision on EIA under Article 23bis of the Environmental Protection Act shall state the coordination by the competent environment authorities of the respective territorial development plan or the general urban development plan. (3) The environmental impact assessment for construction and regulation plans shall be carried out in the following stages: 1. Preparation of an EIA report concurrently with the preparation of the preliminary draft-plan; 2. Public discussion of the EIA report concurrently with completion of public assessment of the construction and regulation plan, and where no public assessment is provided for - concurrently with the procedure for notification of the plan; 3. Making amendments to the EIA report taking in consideration the results from the public discussion and according to any changes that have occurred in decisions on the final design of the plan; 4. Making a decision on the EIA report. (4) The environmental impact assessment under Article 2, (1), for projects under item 4 and for construction decisions under item 3 shall be carried out in the following stages: 1. Preparation of a preliminary EIA report of the project at the initial stage of design, and preparation of a final EIA report of the project respectively, in the case of single stage design work; 2. Public discussion of the preliminary EIA report, and the final report respectively (in the case of single stage design work); 3. Making a decision on the preliminary EIA report; 4. Preparation of a final EIA report of the project, at the design stage, on the grounds of which the construction permit shall be issued; 5. Public discussion of the final EIA report - for projects, for which no public discussion has been held on the preliminary EIA report; 6. Making a decision on the final EIA report. (5) The environmental impact assessment for operating facilities shall be carried out in the following stages: 1. Preparation of an EIA report; 2. Public discussion of the EIA report; 3 Making a decision on the EIA report. (6) The environmental impact assessment for projects subject to privatization or restitution shall be carried out as follows: 1. Preparation of an opinion by a body of the Ministry of Environment with data about the state of the environment to the time of privatization, or the restitution of the facilities respectively, whereby the need for preparation of an EIA report shall be determined; 2. Preparation of an EIA report for cases under item 1: a) pursuant to the procedure under paragraph (4) - for projects under construction or such for which expansion or reconstruction is envisaged after their privatization or restitution, respectively; b) pursuant to the procedure under paragraph (5) - for projects which shall not change their designation after privatization or restitution, respectively, and where the opinion under item 1 has ascertained repeated violation of environment legislation. (7) The Environmental Impact Assessment for designs of projects that are of special importance for satisfying essential needs of the population of this country or part thereof, which requires their urgent construction, shall be made as follows: 1. Preparation of expert opinion by independent experts on the scope of the preliminary EIA report; 2. Approval of the expert opinion by the Minister of Environment on the grounds of decision of the Higher Expert Ecological Council with the Ministry of Environment; 3. Preparation of final EIA report; 4. Public discussion of the EIA report; 5. Making a decision on the EIA report. (8) The Environmental Impact Assessment for projects with transboundary pollution shall be made in compliance with the requirements of this Regulation and the Convention on Transboundary Environmental Impact Assessment. Chapter Three EIA DOCUMENTATION Article 6 (1) The EIA results shall be prepared in the form of: 1. Report in compliance with the requirements of the Minister of Environment in coordination with the Minister of Territorial Development and Construction, the Minister of Health and the Minister of Agriculture and Food Industry - for each individual program depending on its type, nature, specific features, scope and purposes; 2. Separate detached section of the territorial development plan or the general urban development plan; 3. Report in compliance with the requirements set forth in Annex 1 - for EIA of construction and regulation plans; 4. Preliminary and/or final report in compliance with the requirements of Annex 2 - for EIA of projects under Annexes 1 and 2 to the Environmental Protection Act and in cases under procedures for changes in the functional designation of lands from the agricultural and forest funds; 5. Report in compliance with the requirements of Annex 3 - for EIA of operating facilities. (2) The preliminary EIA report shall provide general assessment of the environmental impact, with equal consideration of available alternatives for implementation of the projects, where such alternatives are provided, and also the limitation parameters for the further stages of design shall be determined. (3) Preliminary EIA report shall be required as mandatory in the following cases: 1. for procedures for change in the functional designation of agricultural land and procedures for exemption and provision of lands and forests from the forest fund. 2. for projects of construction in stages and state acceptance, in view of ascertainment of the overall environmental impact of the entire project. (4) The final EIA report shall assess the technological and environmental characteristics of the project, specify the measures to ensure admissible impact on the environment, taking in consideration the limitation parameters in the preliminary report. Article 7 (1) The scope of the EIA report for operating facilities shall be determined in writing by the competent authorities that issue the decision on the EIA. The report may include assessment of all or only some of the environment components affected by the operation of the facilities. (2) The EIA report for operating facilities shall provide analysis and assessment of impacts on the environment caused by production activities, of the compliance and deviations in respect of environment legislation, and of the measures for solving environmental problems. Article 8 The person assigning the EIA and the independent experts may consult the competent authority which issues the decision on the EIA, in respect of requirements to the report. Article 9 In order to make the decision on the EIA, the person assigning the EIA shall be obliged to submit to the competent authority: 1. At least three copies of the EIA report; 2. At least three copies of non-technical (explanatory) summary of the EIA results for projects with complex or specific technological designs; 3. List of methods employed in the EIA report with indication of sources where they have been published; 4. Copies of the professional competence certificates and the declarations in writing under Article 4, (1), 2, of the independent experts who have prepared the EIA report; 5. Other documents necessary for making the decision on the EIA, as may be required by the competent authority. Article 10 In the case of state, official or other secret protected by law, the person assigning the EIA shall submit such information to the competent authority in the form of separate Annex to the EIA report. Chapter Four PUBLIC DISCUSSION OF EIA RESULTS Article 11 (1) The public discussion of the results from the EIA shall be arranged jointly by the municipal authorities and the competent authority making the final decision on the EIA. (2) The discussion shall involve the representatives of the local administration, of government and public organizations, the public and natural and legal persons concerned. (3) The public discussion of the EIA report shall be carried out as follows: 1. After submission of the EIA documentation under Article 9 the person assigning the EIA shall submit to the municipality the EIA report and any supplementary materials (plans, schemes, tables, etc.); 2. The organizers of EIA under paragraph (1) shall fix the date and time for the public discussion, as well as the place and time for public access to the documentation, and shall notify them through the national or local mass media or by other appropriate means not later than one month prior to the public discussion meeting; 3. The public discussion meeting shall be headed by a representative of the competent authority making the decision on the EIA. Minutes shall be made for the public discussion, with all opinions in writing presented at the public discussion attached as enclosures. 4. The organizers of the EIA shall present a copy of the materials comprising the results of the public discussion to the person assigning the EIA. 5. The person assigning the EIA shall assign the completion of the EIA report in accordance with the notes and recommendations from the minutes and the written opinions. Article 12 The organizers of the EIA shall bear the costs for the public discussion. Chapter Five DECISION ON THE EIA Article 13 (1) Decision on the EIA shall be made as follows: 1. By the Ministry of Environment: a) For national and regional investment development programmes; b) For territorial development, general urban development, construction and regulation plans which are adopted by the Supreme Council on territorial and settlement development, construction and architecture with the Ministry of Territorial Development and Construction; c) For projects and facilities set forth under Annex 1 to the Environmental Protection Act; d) For management plans or development designs for protected t+erritories and for construction projects or other activities within protected territories; 2. By the Ministry of Environment - for projects and facilities set forth under Annex 2 to the Environmental Protection Act, which: a) Have scope of impact on the environment on territory controlled by more than one environment inspectorate; b) Have facilities and/or installations with total volume of flue gases from organized sources over 60 000 cubic meters per hour, or such emitting in the atmosphere sulfur oxides, nitrous oxides or non-methane organic compounds over 10 000 t per year, or carbon dioxide over 300 000 t per year; c) Dispose in water intake waste waters in quantities exceeding 30 liters per second; d) Are depots for depositing of hazardous waste over 20 t per day or over 5 000 t per year; e) Are handling stations or receiving stations for hazardous waste and hazardous substances, where the quantities processed exceed 750 kg per hour or 1 500 t per year; f) Are installations for thermal disposal of domestic refuse, with capacity over 750 kg per hour or over 1 500 t per year; g) Require area for change of land designation with surface over 300 dca, or that area falls within two or more districts; 3. By the regional environment inspectorate: a) For territorial development, general urban development, construction and regulation plans which are adopted by the councils for territorial and settlement development, construction and architecture with the municipalities; b) For other projects and facilities set forth under Annex 2 to the Environmental Protection Act; Article 14 (1) The competent authority shall make decision on the preliminary EIA report as follows: 1. Allows proceeding to the next stage of design and preparation of final report; 2. Allows implementation of the project in cases where it has decided that no final report is necessary, and where no substantial impact on the environment has been proved; 3 Returns the report for further work thereon should substantial omissions and insufficiently justified alternative solutions be ascertained; 4. Does not allow implementation of the project in the case of failure to comply to requirements of environment legislation. (2) The competent authority shall make decision on the final EIA report as follows: 1. Allows the implementation of the program, plan or design, in the case of compliance with the requirements of environment legislation; 2. Returns the report for further work thereon, should it fail to provide clear assessment, on the grounds of which the competent authority could base its decision; 3 Does not allow the implementation of the program, the plan or design, in the case of failure to comply to requirements of environment legislation. (3) The competent authority shall make decision on EIA report for operating facilities as follows: 1. Allows further production activities should it be ascertained that impacts are admissible by the environment legislation; 2 Allows production activities under certain conditions and for a specified period of time in cases where no measures are guaranteed to prevent or eliminate the consequences of negative impacts on the environment; 3. Suspends productions activities or parts thereof in the case of ascertained violation of environment legislation; 4. Terminates production activities or parts thereof, which cause irreversible damage to the environment and human health. (4) The decision on the EIA shall quote motives for the issue thereof and shall describe the conditions of compliance to be controlled by the competent authority. (5) A positive decision under paragraph (1), 1 and 2, shall constitute grounds to proceed to the next stage of design, selection of sites or tracks for projects, issue of decision for change in the functional designation of land, or for approval of designs where no substantial impact on the environment has been ascertained. (6) A positive decision under paragraph (2), 1, shall constitute grounds to approve national and regional development programmes, territorial development and urban development plans, as well as designs, and to issue construction permits and permissions for use of buildings. (7) A positive decision under paragraph (3), 1 and 2, shall constitute grounds to allow further operation of operating facilities. (8) The decision on EIA shall be made within three months following the submission of the EIA report. This term shall not include the duration of the public discussion and reflection of the results thereof. (9) The decision on EIA shall be notified in writing to the person assigning the EIA, and shall be notified through the mass media or by other appropriate means within 14 days following its issue. (10) Copies of the decision shall be presented to natural and legal persons concerned, and shall be made freely available to the public. (11) The parties concerned may appeal the decision before the respective district court under the terms and procedure of the Administrative Procedure Act within 14 days after the notification under paragraph (9) for local projects, and within 30 days for projects of national importance. Article 15 (1) The decision on EIA shall be issued by: 1. The Minister of Environment - on the grounds of the decisions of the Higher Expert Ecological Council with the Ministry of Environment; 2. The director of the Regional Environment Inspectorate - on the grounds of decisions of the respective Expert Ecological Council with the respective environment inspectorate. (2) The expert ecological councils shall comprise representatives of the respective municipal administration, the Ministry of Territorial Development and Construction, the Ministry of Health, the Ministry of Agriculture and Food Industry and their local departments Article 16 (1) The decision on EIA shall be valid for a term of one year. (2) Where within the term of validity of the decision on EIA the respective program, territorial development plan or urban development plan fail to be approved, or no project construction starts, the person assigning the EIA shall approach the competent authority to extend the term of validity of the decision on EIA. Chapter Six CONTROL OF DECISION Article 17 (1) The competent authorities shall exercise control over compliance with the conditions of the decision on EIA during the construction and the operation of the facilities. (2) The competent authorities shall exercise control in respect of: 1 Verification of anticipated impact of the project on the environment; 2. Application of action plan in case of emergencies and burst pollutions; 3. Implementation of plan for proprietary monitoring of project impacts on the environment. ADDITIONAL PROVISION § 1 For the purposes of this Regulation: 1. "Environmental Impact Assessment" shall be a process of ascertainment, analysis, assessment and making a decision on eventual consequences of programmes, projects, facilities, and works and their practical alternatives in respect of risk to human health and protection of the environment, in compliance with the environment legislation currently in force in this country. 2. "Environment legislation" shall be: a) laws, normative acts, sanitation, technical and other norms and standards, which determine the admissible impacts on the environment components and their parameters, and which are related to protection of human life and health; b) methods approved by the Minister of Environment, employed in preparation of the EIA report, as well as the employed not established, but officially published methods, provided they are not rejected by expert ecological councils 3. "Competent authorities" shall be: the bodies specified under Article 27 of the Environmental Protection Act, which should undertake the actions and activities due by law, under this Regulation or other normative acts on environment protection, as follows: a) on the territory of an individual municipality - the bodies of the regional environment inspectorate or the municipal authorities; b) on the territories of several municipalities within the range of one regional environment inspectorate - the bodies of the respective regional inspectorate; c) on the territory of several municipalities in the range of different regional environment inspectorates and for projects and facilities under Article 23 quater - the Minister of Environment or a deputy minister assigned by him. 4. "Expansion" shall be the construction of a new sub-facility on the territory of existing facilities and any attached structure or superstructure to existing building, which constitute a facility or where operations are envisaged to be carried out, included in Annexes 1 and 2 to the Environmental Protection Act. 5. "Reconstruction" shall be any change in the designation of a facility or separate premises, as well as reconstruction or modernization of existing facilities, made within the facilities or by means of which new facilities are created or conditions for carrying out activities included in Annexes 1 and 2 to the Environmental Protection Act. TRANSITIONAL AND CONCLUDING PROVISIONS § 2 This Regulation is issued pursuant to Article 22 of the Environmental Protection Act and repeals Regulation No. 1 of 1992 on the Environmental Impact Assessment (The State Gazette, issue 10 of 1993). § 3 This Regulation shall not rule out the need for coordination and approval of projects and activities required by other normative acts. § 4 "The temporary facilities" within the meaning of Article 120 of the RATSDA shall be subject to EIA, should they be listed under Annexes 1 and 2 of the Environmental Protection Act. § 5 The Minister of Environment shall issue instructions on the enforcement of this Regulation, in consultation with the Minister of the Territorial Development and Construction, the Minister of Health and the Minister of Agriculture and Food Industry. Minister of Environment: G. Georgiev Minister of the Territorial Development and Construction: D. Konakchiev Minister of Health: M. Vitkova Minister of Agriculture and Food Industry: V. Chichibaba Annex No 1 to Article 6, (1), 3 Scope and contents of the EIA Report for construction and regulation plans 1. General information: name of the plan, address of the employer, contact person address and telephone number, authors of EIA report. 2. An annotation of the plan: enclosed copy of the construction and regulations plan in appropriate scale and brief characteristics of the plan. 3. Description and analysis of the environment components expected to be subject of impact according to the provisions of the plan, inclusive of: 3.1. Condition of the atmospheric air: a) brief characteristics of the relief, climatic and meteorological factors influencing the condition of the atmospheric air within the specific area subject to the plan; b) indication of existing sources of excess pollution and quantities of pollutants in terms of type and composition; c) condition and territorial scope of the areas with excessively polluted air, taking into account the existing background concentrations and levels. 3.2. Condition of surface and underground waters: a) brief characteristics of hydrogeological and hydrological conditions and factors influencing the state and regime of surface and underground waters b) categories of surface water flows and water bodies with description of excessive pollution of waters; c) quantitative and qualitative description of water resources and water intakes which shall be subject to substantial impact according to the plan provisions. 3.3. Condition of the geological base and soils: a) characteristics of the geological base of territories with soil creep, landslides, sea or river abrasion and unfavorable processes of technical origin; b) characteristics of damaged lands (eroded, excessively humid, salinated, acidified, destroyed by economic activities and polluted with hazardous substances and wastes); c) characteristics of the condition of soils on territories with arable land. 3.4. Brief characteristics of the relief and the state of the landscape, which shall be subject to substantial impact according to the plan provisions. 3.5. Condition of plants and animals and protected territories, which shall be subject to substantial impact according to the plan provisions: a) characteristics of the vegetation, of the habitat of rare and threatened plant species and planted areas; b) characteristics of the dominant animal species and the habitat of rare and threatened animal species; c) characteristics of the protected natural territories. 3.6. State of the sanitary and hygienic conditions of the environment: a) ascertainment and characteristics of zones with sources of excessive noise pollution; b) ascertainment and characteristics of zones under influence from sources of excessive harmful radiation and heat emission and radioactive radiation; c) characteristics of territories where wastes are deposited; d) characteristics of availability of technical infrastructure. 3.7. State of the cultural heritage - existing historical, archaeological and architectural monuments. 4. A forecast of the expected impact on the environment: it should contain forecast assessments covering the expected changes in the condition of the various components of the environment within the territorial range of their impact by the construction and regulation plan provisions, as well as a complete forecast assessment of the ecological state of the territory for implementation of the plan: 4.1. Atmospheric air: a) impact of the provided by the construction and regulation plan functional designation of the territories and the construction thereon on the relief, climatic and meteorological factors, and the state of the atmospheric air compared to the impact by the existing functional designation of the territories and the construction thereon, and compared to the functional designation of the territories and the construction thereon according to the provisions of the current construction and regulation plan; b) expected impact of sources of pollution of the atmospheric air from the big projects provided for in the draft-plan - pollutants, whereas in the case of interactive harmful substances their complex influence should be taken in consideration; c) development activities for restriction or elimination of excessive pollution of the atmospheric air in zones with existing excessive and high background pollution. 4.2. Surface and underground waters: a) forecast assessment of the influence on water flows, water bodies and underground waters, affected by the provisions of the draft plan; b) forecast assessment of the expected changes by the plan provisions in the hydrogeological and hydrological conditions affecting the state and the regime of surface and underground waters; c) development activities for restriction and elimination of excessive pollution of water flows, water bodies and underground waters. 4.3. Geological base, relief and soils: a) forecast assessment of the influence of the draft-plan provisions on the geological base, the relief and soils; b) development activities for restriction or elimination of current soil creeps, landslides, sea or river abrasion and unfavorable processes of technical origin, as well as ascertainment of conditions allowing the use of such territories; c) development activities for recovery and rational use of damaged areas. 4.4. Landscape: a) forecast assessment of substantial impacts of the draft-plan provisions on the landscape; b) development activities for restriction of the negative influence of the implementation of the draft-plan on the landscape. 4.5. Plants and animals and protected natural territories: a) forecast assessment of the impact of the draft-plan provisions on the vegetation and the animals, the existing planted areas and the habitat of rare and threatened plant and animal species, compared to the current state of the territory and compared to the provisions of the current construction and regulation plan; b) forecast assessment of the impact of the draft-plan provisions on the protected natural territories; c) development activities for protection of existing vegetation, the animals and the protected natural territories. 4.6. Sanitary and hygienic conditions of the environment: a) assessment of provisions in the draft-plan for hygienic distances between hazard sources and the specific facilities subject to health protection (houses, health, child-care, educational or public buildings, areas for recreation and sports and the like), and where that refers to areas outside housing areas - the distances between the hazard source and the boundary of the housing zone of the settlement; b) forecast assessment for ascertainment of zones of influence and impact by facilities provided in the draft-plan - sources of harmful impact, with consideration of current background concentrations and levels; c) development activities for restriction or elimination of zones with excessive noise pollution or excessive hazardous radiation, heat emission and radioactive radiation. 4.7. Cultural heritage - development activities for restriction of the negative impact on historical, archaeological and architectural monuments, due to the implementation of the draft-plan. 4.8. Forecast of the overall ecological parameters of the territory as result of the implementation of the draft plan: reproductive capacity of the environment in respect of major elements (oxygen, water and biomass), admissible density and intensity of construction, planting on the territory and admissible degree of upsetting the ecological balance. The forecast assessment shall be made in compliance with methods approved by the Minister of Environment, or officially published methods. 5. Recommendations for possible ways of implementation of the construction and regulation plan, in view of reducing the impact on the environment: they should indicate the ecological restrictions, alternatives and requirements to the application of the development plan. 6. Conclusion: it should contain a proposal by the authors of the EIA for approval or rejection of the draft-plan, and where necessary it should determine the conditions under which the plan could be applied. Annex No 2 to Article 6, (1), 4 Scope and contents of the EIA Report for projects Introduction: objectives and need for the project; reasons for making EIA (where a final report is prepared the decision on the preliminary report should be submitted, if any); authors of the report. 1. General information: 1.1. Name of the project, address of the investor, contact person - address and telephone number. 1.2. List of natural and legal persons that may be affected by the implementation of the project. 1.3. Location - map, scheme or description of the region. 2. An annotation of the project: 2.1. Characteristics of the technological processes (technological layout). 2.2. Stages of implementation of the project. 2.3. Value of the project. 3. Description and analysis of the environment components expected to be subject of impact by implementation of the project: 3.1. Condition of the atmospheric air: a) brief characteristics of the climatic and meteorological factors influencing the condition of the atmospheric air; b) pollution of the atmospheric layer above the ground surface and the territorial range of zones with polluted air. 3.2. Condition of surface and underground waters: a) hydrogeological and hydrological conditions and factors influencing the state and regime of surface and underground waters; c) quantitative and qualitative characteristics of water resources on the territory of the project and the category of water intakes. b) characteristics of water sources and water consumption for the project. 3.3. Condition of the geological base, relief and soils: a) characteristics of the geological base, relief and soils; b) damaged lands (eroded, excessively humid, salinated, acidified, destroyed by economic activities and polluted with hazardous substances and wastes) on the territory of the project and on adjacent lands. 3.4. Condition of plants and animals and protected natural territories: a) characteristics of the vegetation - the dominant and threatened plant species; b) characteristics of the fauna - dominant animal species and threatened animal species; c) characteristics of the protected natural territories. 3.5. State of the landscape: brief characteristics of types of landscape in the reviewed area according to the landscape typological scheme of this country. 3.6. State of the sanitary and hygienic conditions of the environment: a) hygienic distances between hazard sources and the specific facilities subject to health protection (houses, health, child-care, educational or public buildings, areas for recreation and sports and the like), and where that refers to areas outside housing areas - the distances between the hazard source and the boundary of the housing zone of the settlement; b) zones with acoustic discomfort and sources of noise load; c) zones under influence of sources of hazardous radiation, heat emission and radioactive radiation; d) old waste depots; e) characteristics of the social infrastructure. 3.7. State of the cultural heritage - existing historical, archaeological and architectural monuments. 4. A forecast of the expected impact on the environment: it should contain quantitative and qualitative characteristics of the expected impacts of the project on: 4.1. Atmospheric air: a) quantities of pollutants per type, from the sources of pollution provided for in the project; b) changes in the state of the atmospheric air from the implementation of the project. 4.2. Surface and underground waters: a) sources of pollution provided for in the project - quantity and quality of waste waters, methods for treatment; b) changes in the regime of water flows, due to provided by the project water consumption, corrections of river beds, hydrotechnical facilities, etc., as well as their influence on the regime of underground waters and the overall state of the water ecosystems. 4.3. Geological base, relief and soils: a) changes in the geological base and the relief due to the implementation of the project; b) damages or changes in the category of land, depending on the degree of pollution or damage to the soil; change in soil fertility. 4.4. Plants, animals and protected natural territories: changes in their state due to the implementation of the project. 4.5. Landscape: a) assessment of the landscape capacity for implementation of the project objectives; b) damage to the landscape depending on the sensitivity of types of landscape. 4.6. Sanitary and hygienic conditions of the environment: a) changes in the sanitary and hygienic conditions due to the implementation of the project; b) affected population - assessment of the health risk for the population in respect of pollution of the living environment by hazardous substances, noise, vibrations and other emissions; c) characteristics of the waste formed - methods for disposal; d) characteristics of used packings. 4.7. Cultural heritage - degree of impact on historical, archaeological and architectural monuments. The impact of the project shall be assessed by components of the environment and their parameters on the grounds of the following criteria: a) territorial range - depending on the range of impact; b) degree of impact - (taking in consideration the existing background pollution) - as percentage of the admissible norm; c) duration - short-term, long-term; d) frequency - low, high, periodical, permanent; e) capacity for recovery - yes/no; f) cumulative and combined impacts. The forecast assessment shall be made by methods approved by the Minister of Environment or by officially published methods. 5. Alternative solutions (for location, technological capacities, capacity of the project): analysis of the alternatives in respect of their impact on the environment, in case such are provided by the project. Cost analysis of the various alternatives. The alternative solutions should be explained in the preliminary EIA report. 6. Method for reduction of negative consequences: indication of activities that should be provided, developed or implemented as conditions for approval of the project. 7. Assessments of planned actions in emergencies and burst emissions of pollutants: worked out on the basis of the emergency action plan submitted by the investor, with the following contents: 7.1. Assessment of the risk of emergencies and burst emissions of pollutants; 7.2. Measures and means to prevent, restrict and eliminate (liquidate) emergency emissions of pollutants. 8. Proprietary monitoring plan: indicating the means of monitoring and control of the harmful substances emitted from the project; provisions for monitoring of the environment, if necessary, at specific monitoring points with a view of restricting and preventing the harmful impact on the human health and environment. 9. Conclusion: with recommendations by the authors of the EIA on the acceptance or rejection of the project, and the limitation parameters that should be complied to in the course of construction and operation of the project. Annex No 3 to Article 6, (1), 5 Scope and contents of the EIA Report for operating facilities Introduction: reasons and objectives for making EIA; authors of the report. 1. General information: 1.1. Name, address and manager of the facility, contact person - telephone number; addresses of own or rented buildings or other real properties beyond the boundaries of the facility under review. 1.2. Current owner or user of the facility under review. Brief history of the facility. 1.3. Total area of the territory of the facility, total number and total built up area of the buildings, scheme of certified site or general layout of the facility in scale 1:500 to 1:2000. 1.4. Map, scheme or description of the region affected by the facility under review. 1.5 Location: type of terrain (settlement or area outside of settlement area, industrial zone, resort zone, agricultural land or forest fund); neighboring enterprises or other facilities and characteristics of their production and activities; distances between hazard sources and specific sites subject to health protection (houses, health, child-care, educational or public buildings, terrains for recreation and sports and the like), and where the location is outside the housing area - distance between the hazard source and the boundary of the housing zone of the settlement; state of supply and service infrastructure of the facility. 2. Characteristics of the facility: 2.1. Brief characteristics of major technological processes and facilities (technological layout); differences to the initial design of the facility. 2.2. Major raw materials per type and volume. 2.3. Major power sources (type and characteristics of fuel). 2.4. Water supply sources. Balance of water consumption. 2.5. Type and volume of production. 2.6. List, description and characteristics of end and by-products, manufactured or stored at the facility. 2.7. List and description of packings used at the facility. 2.8. State of the existing storage facilities, level of organization and control of environment risks. 2.9. Efficiency of power use. 3. Review of management of the environment: 3.1. Structure of the management of the environment. 3.2. Legislative requirements for environment protection concerning the operation. 3.3. Permits, licenses and decisions on EIA. 3.4. Fees, fines, sanctions and other environment related payments. 3.5 Type and value of investments for environment. 3.6. Annual expenses for environment protection. 3.7. Any complains, objections, signals for pollution due to the operation of the facility, that have been received. Data about the health condition of the population in the region of the facility. 3.8. Industrial emergencies and accidents: a) description of past emergency environment pollutions; b) fast response, security and safety plans. 4. Characteristics of pollutants and assessment of consequences for the environment, resulting from the operation of the facility: 4.1 Atmospheric air: a) state of the atmospheric air - climatic and meteorological factors; assessment of the quality of air; b) sources of atmospheric pollution (include. potential sources): organized - quantity of flue gases (cub.m/hour); emission of pollutants per type and composition (mg/n.cub.m or t/year measured or calculated emissions); assessments of dispersion; unorganized - technical requirements for restriction of emissions; existing ozone-destruction substances - types and quantities; unpleasant odors - boundaries of perfusion; c) state and operation of treatment facilities and devices for monitoring and control (type of facility, technical and technological state, operation requirements, treatment effect); d) assessment of the influence of air pollution on the environment and human health. 4.2. Waters: a) state of surface and underground waters; hydrological and hydrogeological conditions; quantitative and qualitative characteristics of the water resources; category of water intake; b) sources of pollution: quantity and quality of waste water per type of flow; type and state of the sewage system; quantity of waste water for operation use; quantity and quality of waste waters disposed in the water intake, location of disposal; c) state and operation of treatment facilities and facilities for monitoring and control; d) quantity, composition and treatment of sludge from treatment plants; e) assessment of the influence of water pollution on the environment and human health. 4.3. Waste: a) production process waste: origin, type, characteristics, quantity; technological regulations for treatment, separation, extraction, recycling, delivery to the outside; technological regulations for transportation, storage, processing and final disposal; reporting and control of waste formation and treatment; packing and marking; certification of facilities for hazardous waste, licensing pursuant to Decree No 153 of the Council of Ministers of 1993 on collection, transportation, storage and disposal of hazardous waste (SG, No 79/1993); b) old waste and materials rejected or with overdue term of use, available at the facility: origin, type, characteristics, quantity; packing and marking; method for storage and control; c) state of facilities and depots for waste; d) assessment of the influence of pollution by waste on the environment and human health. 4.4. Toxic and other hazardous substances: a) toxic substances - sources, types, quantities, classification, toxicity characteristics, biological toxicity, bio-accumulation, deferred effects, duration of exposure and threshold doses; b) other hazardous substances - sources, types, quantity, classification and characteristics; c) assessment of the influence of pollution by hazardous and toxic substances on the environment and human health. 4.5. Harmful physical factors: a) sources of noise, vibrations, hazardous radiation (characteristics and parameters); hygienic-protective zone around sources of hazardous radiation; b) radioactive contamination. 4.6. Soils: a) size of damaged and polluted areas (in dca) within the boundaries of the operating facility and the adjacent territories: terrains damaged by technogenic facilities; terrains polluted by industrial, construction and other type of waste; terrains polluted by toxic, organic and inorganic substances and hazardous aerosols; by irrigation waters and burst pollutions; b) assessment of the degree of pollution of affected land (levels compared to PDK); changes in soil fertility; c) assessment of resultant physical degradation processes in soils; erosion, compacting, bogging, excess humidity, soil creep, etc.; 4.7. Plants and animals, protected territories: a) changes in species combination, density, structure, reproduction, productivity, resistance and sanitary state; b) changes in the natural conditions of the habitat; c) violations of the regime of protected territories. The assessment shall be made in comparison to the past or background state in compliance with the environment legislation. 5. Analysis of compliance and deviations from legislation requirements and ascertainment of the potential risk to the environment and human health resulting from the operation of the facility. 6. Measures for solving ecological problems: 6.1. Limitation parameters that should be complied to in the course of operation of the facility. 6.2. Short-term and long-term programs for bringing in compliance with the legislation provisions and necessary future research. 6.3. Recommendations for improvement of the management of the environment. 6.4. Measures for observation and control of pollution (monitoring). 7. Conclusion: it should contain recommendations by the authors of the EIA for continuation or termination of production activities under certain conditions.