Concerning the land

Article 19

Exemption from tariff

Physical or legal entities in the business of treating polluted waters are exempt from service tariffs applicable to subjects of environmental licenses.

2. For purposes of monitoring, the physical and legal entities hire and train adequate staff or contract specializing institutes engaged in the implementation of the National Environment Monitoring Program.

3. Monitoring is mandatory for every stage of treatment of liquid discharge including discharge in the receiving environment.

4. Monitoring of own activity must be carried out in accordance with the requirements of the National Monitoring Program as well as in accordance with the individual monitoring program which the physical and legal entity must submit as part of the application for the environmental license.

5. Individual programs should include:

a) specific information on modern methods used in accordance with the properties of discharged liquids;

b) periodicity of measurements and points of sample extraction in accordance with the capacity of the treating plant and the particularities of the receiving environment.
CHAPTER VI
CONTROL
Article 21
1. The Environmental Inspectorate, the licensing authority, the sanitary inspectorate and the Municipal Inspectorate control the implementation of liquid discharge norms.

2. Environmental Inspectorate controls the implementation of requirements and conditions for environmental treatment of polluted waters enshrined in the environmental license.

Prohibited actions

The following actions are prohibited in the territory of the Republic of Albania:

a) discharge on the ground or in water bodies of waters polluted beyond limits established for liquid discharges;

b) treatment and purification of polluted waters outside sites designated for this purpose;

c) treatment and purification of polluted waters by unlicensed physical and legal entities;

d) treatment and purification of polluted waters with inappropriate techniques and technologies not endorsed by legal acts;

e) mixture with water bodies of liquid discharge from deposited solid waste or from landfills;

f) use of polluted waters for any purpose or activity.

Article 23

Administrative infringements

1. In cases when violation of the requirements of this law constitutes a penal offense as qualified in the Criminal Code Chapter “Criminal offenses against the environment” the Environmental Inspectorate institutes legal charges.

2. When not a criminal offence, the breaches of the requirements of this law, qualify as administrative infringements, in such cases as described below:

a) carrying out activities which produce polluted waters without proper licensing; unlicensed activity of treatment and purification of polluted;

b) failure to comply with the requirements and conditions set in the environmental license for the environmental management of polluted and used waters;

c) failure to conduct primary treatment of liquid discharge from activities producing polluted waters;

d) uncontrollable discharges of polluted waters, in cases of lack of internal pipes inside the territory of the activity; in case of non existing pipe systems from the activity to the collector; or in cases such systems are out of service;

e) failure to install and operate plants for treating liquid discharge inside the activity or in the activities that have undertaken the treatment and purification of polluted waters;

f) violation of rules and requirements for the operation of plants and installations from treatment and purification of polluted waters:

g) non-compliance with book keeping rules for liquid discharge;

h) non-compliance with monitoring obligations;

i) failure to publish information; withholding monitoring data;

j) failure to inform the population with regard to polluted waters risk and potential threat to human health, as well as safety measures to be taken to ensure protection from discharges beyond and above permissible norms.
Article 24
Fines for administrative infringements and other sanctions
1. In cases of administrative infringements described in article 23 of this Law, the Environmental Inspectorate administers fines as follows:

a) for letters "g, "h, "i" and "j" from 100 000 up to 300 000 leks;

b) for letters "a", "b", "c" and "f" from 300 000 up to 500 000 leks;

c) for letters “d" and "e" from 500 000 up to 1 000 000 leks.

2. Besides fining, the Environmental Inspectorate may decide the temporary or permanent closure of the activity depending on degree of pollution and damage caused.

3. Review of administrative infringement is subject to law no. 7697 dated 7. 04. 1993 “Concerning administrative infringement”, together with amendments.

Appeal

1. The decision of the Environmental Inspectorate may be appealed at the Minister of Environment within 10 days from its date of communication. The Minister must respond to the appeal within 15 days from the date of submission.

2. Decision of the Environmental Minister, or if the Minister does not respond within the 15 days, complaint against punishment may be pressed at the local court of justice within 30 days from the notification date.
Article 26
Enactment of by-laws
1. The Council of Ministers is hereby charged to enact by laws to the effect of the implementation of article 11, point 1, letter “b”, article 14, point 2 ands article 16 point 2 of this law within 3 months of approval by the Parliament.

2. The Environmental Minister is hereby charged to enact by-laws to implement point 2 of article 7 of this law within three months of approval by Parliament.

CHAIRMAN

Servet Pëllumbi