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Environmental decision for biogas plants: when and how to obtain it
The environmental decision (DUŚ) is a condition of the building permit for most biogas plants. We explain when it is required, how long the procedure takes and who gives an opinion on the application.
Other language versions: polski.
The decision on environmental conditions (DUŚ) is a document without which the authority will not issue a building permit or a decision on development conditions for projects that may have a significant effect on the environment. For most biogas plants either a full impact assessment with a report or at least an application with a project information sheet is needed. This entry describes the position as of June 2023.
When a biogas plant requires a DUŚ
The Environmental Impact Assessment Act (Article 71) requires a DUŚ for projects that may always, and those that may potentially, have a significant effect on the environment. The lists are given in the Council of Ministers Regulation of 10 September 2019. Four groups matter for biogas plants:
| Item in the regulation | What it covers | Category |
|---|---|---|
| § 2(1)(47) | waste processing installations (other than hazardous) receiving at least 10 t per day or with a capacity of at least 25,000 t, excluding agricultural biogas plants | always significant |
| § 3(1)(47) | installations producing fuels from plant products, excluding agricultural biogas plants up to 0.5 MW of electrical capacity | potentially significant |
| § 3(1)(82) | other waste processing installations, excluding agricultural biogas plants up to 0.5 MW | potentially significant |
| § 3(1)(4) | fuel combustion installations with a thermal capacity of at least 25 MW (10 MW for solid fuels) | potentially significant |
In practice a waste-processing biogas plant receiving post-production waste at 10 t per day or more requires an impact report; an agricultural biogas plant larger than 0.5 MW of electrical capacity is a potentially significant project, and a smaller one is excluded from these items. A gas pipeline with a pressure above 0.5 MPa (for example for injecting biomethane) and a pressure-reduction station may also fall within the catalogue. Irrespective of this, the effect on Natura 2000 areas must be checked.
The procedure step by step
- The application for a DUŚ is submitted to the competent authority (usually the head of the municipality, mayor or city president; the regional director for environmental protection in the cases of Article 75, for example for some gas transmission installations).
- Annexes (Article 74): a project information sheet or an impact report, a copy of the cadastral map, a map showing the site and the area of impact. For projects always having a significant effect, the applicant may submit, instead of a report, the sheet together with an application for determining the scope of the report (Article 69).
- For potentially significant projects, after the opinions of the regional director for environmental protection, the sanitary inspector and the water-law authority, the authority decides in an order (Articles 63 and 64) whether an impact assessment must be carried out.
- The impact assessment covers the report, public participation and agreements with the regional director for environmental protection and Wody Polskie, as well as the opinion of the sanitary inspector (Article 77).
- The decision sets out the conditions for implementation and operation, for example solutions limiting nuisances.
All these steps take place before obtaining the building permit or the decision on development conditions (Article 72(1)).
Who gives opinions and why it takes time
The key authorities are the regional director for environmental protection (nature, Natura 2000), the state county sanitary inspector (human health, odour nuisance and noise) and the water-law authority (water management, wastewater discharge, digestate storage). The time grows when the authority calls for supplementary information or when many parties and environmental organisations take part in the case. A well-prepared application shortens the procedure the most.
Typical mistakes
- Submitting the application before establishing the legal title to the plot or agreeing the location.
- Omitting elements of the project (gas pipeline, station, digestate store, access roads) from the description.
- Underestimating transport traffic and odours.
- Changing the technology or capacity after the DUŚ has been issued without checking whether the decision has to be amended.
What to do first
- Collect the parameters: electrical and thermal capacity, quantity of substrates per day, types of waste, method of digestate storage.
- Check in the regulation which group the project falls into.
- Ask for consultations with the municipality and the regional directorate for environmental protection.
- Commission the information sheet or report from an author meeting the requirements of Article 74a.
- Coordinate the schedule with the local plan or the WZ.
The information sheet and the report
The project information sheet (KIP) is a shorter document that describes the planned investment: location, scale, technology, types and quantities of emissions and waste, water and energy supply and the effect on protected areas. On this basis the authority assesses whether a full impact assessment is necessary. If so, the applicant must prepare a report, which we write about in a separate guide. A well-written sheet, with reliable data and a description of solutions limiting impacts, makes it possible to avoid additional calls for information and, in some cases, a full assessment.
How the decision binds subsequent stages
The compliance of the building design with environmental protection requirements, in particular those set out in the DUŚ, is checked by the architectural and building authority before issuing the building permit (Article 35 of the Construction Law). This means that a change of technology or capacity after obtaining the decision may require the DUŚ to be amended. The description of the project in the application should therefore be flexible enough to cover realistic variants, but specific enough not to raise doubts about the scale.
This text is for information only and does not constitute legal advice; before an investment or formal decision, check the current wording of the legislation and consult a lawyer or the relevant authority.
Sources
Questions and answers
Does a biogas plant below 0.5 MW not need an environmental decision?
An agricultural biogas plant with an electrical capacity of up to 0.5 MW is excluded from the regulation's listings on fuel production and waste processing, but other elements of the investment (e.g. fuel combustion, a gas pipeline) and a location in a Natura 2000 area may require an assessment. Always check the whole catalogue.
How long is an environmental decision valid?
This depends on the provisions of the Act on Environmental Impact Assessments (ustawa ooś) on time limits and on amending the decision, and on its content. The details must be checked in the current consolidated text, because the provisions have been amended.
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