Review and update of operating regulations in accordance with new legislation

Why you must update your operating rules right now

As of 1 November 2025, an amendment to the implementing Decree No. 398/2025 Coll. came into effect, which fundamentally changes Decree No. 415/2012 Coll., on permissible pollution levels. This amendment completely replaces Annex No. 12 of the decree, which sets out the requirements for operating rules.

Every operator of a stationary source must bring their operating rules into compliance with the new requirements, which include, among other things, a description of waste heat utilisation, identification of problematic areas regarding dust and odour, or keeping records of employee training.

In the area of water management, an amendment to the Water Act (Act No. 182/2024 Coll.) has come into force, changing the requirements for the operating rules of waterworks and wastewater treatment plants. Concurrently, forthcoming amendments to the Decree on the Handling of Harmful Substances and the Regulation on Indicators of Permissible Pollution of Surface Waters and Wastewater require operators to continuously check that their documentation is up to date.

What risks do outdated operating rules pose

Operating a pollution source without valid or current operating rules constitutes an administrative offence with potentially devastating consequences. The Czech Environmental Inspectorate (ČIŽP) can impose fines in the range of hundreds of thousands to millions of Czech crowns. 

Specific cases from practice show the seriousness of the problem: a company operating concrete plants without a proper permit was fined CZK 120,000, a sludge management operator paid CZK 400,000, and a company was fined CZK 150,000 for operating a source without a permit.

In addition to financial penalties, operators face other serious risks. The Regional Authority can order the cessation of the source's operation until the documentation is brought into compliance with the law. In the event of a breach of the conditions of an integrated permit, the entire permit may be revoked, making it impossible to legally continue business activities.

The risk of liability for environmental damage is no less serious. Under the Civil Code, the operator of a plant or facility used for commercial activity bears strict liability for damage arising from its operation. 

Fulfilling obligations arising from air protection regulations or paying fees is not a sufficient reason for exemption from the obligation to compensate for damage if harmful substances have been released into the air. For operators, this means that even with formal compliance with outdated operating rules, they can bear full responsibility for the environmental damage caused.

What an updated operating plan in 2025 must specifically contain

The amendment to Decree No. 398/2025 Coll. introduces new requirements for operating rules, which are contained in the completely revised Annex No. 12. The operating rules must now include a detailed description of the use of waste heat generated by the operation of the stationary source – this obligation directly responds to the requirements of energy efficiency and the circular economy.

For selected activity codes, operators are required to identify problematic areas of the technology from a dust perspective. The decree exhaustively defines the codes for which this obligation applies. The list of codes for which the operator must identify measures against odour has also been significantly expanded – this is a response to the growing number of public complaints about odours from industrial plants.

It is now required that the operating rules include a section on employee training, including keeping records of such training. This change increases the emphasis on the human factor in ensuring the proper operation of pollution sources.

For stationary sources for which the Regional Authority has stipulated the monitoring of an operating parameter in the operating permit, the operating rules must contain the technical details of this monitoring and recording. 

Continuous monitoring and recording of the operating parameter serves to check the proper functioning of the emission reduction technology or emission reduction measures. This obligation now applies to a wider range of stationary sources listed in Annex No. 2 to the Air Protection Act.

Who must update the operating rules and by what deadlines

The obligation to maintain and update operating rules applies to all operators of listed stationary air pollution sources specified in Annex No. 2 of the Air Protection Act. This obligation applies to a wide range of businesses – from manufacturing plants, paint shops, and printing houses to concrete plants, landfills, or wastewater treatment plants.

Operators of integrated facilities under Act No. 76/2002 Coll., on Integrated Prevention, must have operational documentation that complies with the requirements for Best Available Techniques (BAT). With each revision of the BAT reference documents (BREFs) or the issuance of new BAT conclusions, operators must review their integrated permit and related operational documentation.

In the area of water management, owners and operators of waterworks, wastewater treatment plants, and public water supply systems are obliged to maintain operating rules. Changes to the Water Act effective from 2024 require the continuous updating of these documents.

In waste management, operators of waste management facilities must maintain operating rules and continuous records. As of January 2025, the requirements for keeping continuous waste records have changed according to Decree No. 273/2021 Coll. Failure to comply with the new requirements can lead to high fines during an inspection by the ČIŽP.

It is important to realise that environmental legislation is much more complex in practice than it may seem at first glance. Individual legal regulations overlap, and your facility may be subject to several laws and dozens of implementing decrees simultaneously. Correctly interpreting the requirements and applying them to specific operating conditions requires not only legal knowledge but also a technical understanding of the processes in the given industry.

How to proceed with the review and update of operating rules

The first step is to conduct a comprehensive legal audit of the existing operational documentation. This audit must identify all discrepancies between the current operating rules and the current requirements of environmental legislation. The audit should cover not only air pollution sources but also water management facilities, waste management, and any integrated permits.

This is followed by the phase of processing the updated documentation. The operating rules must be drawn up in accordance with the amendment to Decree No. 398/2025 Coll. and other relevant legal regulations. At this stage, it is crucial to correctly interpret the legal requirements and apply them to the specific technical conditions of your facility's operation. Every operation has its specifics, and a universal template cannot be used – this is a common mistake that leads to the documentation being rejected by the Regional Authority.

After the documentation is prepared, the next phase is communication with the relevant state administration authorities. For listed sources, an application for a change to the operating permit must be requested at least 60 days before the planned change to the source. The application must include the updated operating rules, a technical report, and other documents as instructed by the Regional Authority.

The ARROWS law firm provides comprehensive legal services in the area of reviewing and updating operating rules. Our experience includes representing clients from various sectors – from manufacturing companies and the energy sector to the municipal sphere. Because our portfolio includes more than 150 joint-stock companies, 250 limited liability companies, and 50 municipalities and regions, we have experience with virtually all types of pollution sources and operational situations. We pride ourselves on the speed and high quality of the services we provide.

What to do when you need to change an operating permit

If a change in legislation requires an adjustment to the operating conditions of your source, it is necessary to submit an application for a change to the operating permit. This situation arises, for example, when emission limits change, new technical operating conditions are introduced, or when monitoring of operating parameters is required.

The application for a permit change must be submitted to the Regional Authority (in Prague, the Prague City Hall) no later than 60 days before the planned change. The application must be accompanied by the updated operating rules, project documentation or a technical report, and possibly an expert opinion – the scope of the required documents depends on the type of change and the specific source.

The administrative procedure for changing an operating permit is conducted under the Administrative Procedure Code and generally takes 30 to 60 days. In practice, however, the entire process can take longer, especially if the Regional Authority requests additional documents or if the proceedings affect public interests. It is therefore crucial to start preparing the documentation well in advance.

The lawyers at ARROWS specialize in representing clients in proceedings before Regional Authorities and other state administration bodies. We provide complete preparation of documents for an application for a permit or a change to an operating permit, communication with authorities, and defence of your interests in case of objections or complications. 

In the case of international projects or pollution sources with cross-border impacts, we use our ARROWS International network, which we have been building for more than ten years. Contact us at konzultace@arws.cz and get a tailor-made legal solution.

Specific requirements for integrated facilities and BAT

Operators of facilities subject to integrated prevention under Act No. 76/2002 Coll. face even stricter requirements. An integrated permit must be based on Best Available Techniques (BAT), which are defined in European reference documents (BREFs).

The European Commission continuously reviews and updates BAT reference documents for various industrial sectors. After the publication of BAT conclusions in the Official Journal of the EU, operators are obliged to review their integrated permit within four years and bring their operations into compliance with the new requirements. This means not only technical modernisation but also updating operating rules and other documentation.

Best Available Techniques relate not only to the technology used but also to the way the facility is designed, built, operated, maintained, and decommissioned. The operating rules for an integrated facility must therefore contain a detailed description of all measures to achieve a high level of protection for the environment as a whole – not just air protection, but also water, soil, and waste management.

The process of obtaining or changing an integrated permit is administratively and technically demanding. The application must include a characterisation of the planned activity in terms of pollution, consumption of natural resources including energy, measures aimed at preventing or reducing negative impacts, a proposal for monitoring emissions, and other data. The administrative fee for issuing or changing an integrated permit is CZK 30,000.

The ARROWS law firm has extensive experience with legal advice on obtaining and changing integrated permits. We can help you not only with the preparation of documentation but also with assessing whether your facility actually meets the BAT requirements and with proposing any remedial measures. We also regularly partner with in-house lawyers to resolve special issues in the IPPC area. For a consultation, contact us at konzultace@arws.cz.

Other environmental areas requiring documentation updates

In addition to air protection, other areas of environmental legislation are also undergoing fundamental changes. As of January 2025, the requirements for keeping continuous waste records have changed according to Decree No. 273/2021 Coll. Waste producers, facility operators, and waste dealers must keep records according to the new legal regulation and submit a report of summary data by 28 February of the following year.

In the area of water management, the amendment to the Water Act (Act No. 182/2024 Coll.) brings changes to the requirements for the operating rules of waterworks, handling rules, and conditions for discharging wastewater. Forthcoming amendments to the government regulation on indicators of permissible water pollution may require further adjustments to existing permits for wastewater discharge.

The amendment to Act No. 167/2008 Coll., on the prevention of environmental damage, tightens operator liability for environmental damage. Every operator should have a plan of measures for accidents and a system for preventing major accidents if they handle hazardous substances.

We must not forget the area of chemical legislation and the REACH regulation. Operators who use or manufacture chemical substances must continuously monitor updates to the lists of restricted substances and registration obligations. Failure to comply with obligations under the REACH regulation can lead to high fines and a ban on placing substances on the market.

The lawyers at the ARROWS law firm deal with the issue of updating environmental documentation in its entirety on a daily basis. We are insured for damages up to CZK 500,000,000, which means maximum security for you when dealing with complex legal matters in the environmental field.

Thanks to our long-term experience from providing services to clients from various sectors, we can quickly identify all legal requirements applicable to your specific activity and propose an optimal solution. Do not hesitate to contact our office – konzultace@arws.cz.

Why entrust the review of operating rules to the ARROWS law firm

Environmental legislation is among the most complex and dynamically changing areas of law. Every year, dozens of amendments to acts and decrees, hundreds of methodological guidelines, and thousands of pages of European regulations are issued that have a direct impact on the operation of your facility. Without continuous monitoring of these changes and their correct interpretation, it is practically impossible to keep operational documentation up to date.

If you attempt to revise the operating rules on your own or with the help of non-specialised consultants, you face several fundamental risks. The first is the risk of overlooking some of the obligations arising from the new legislation – these are often technical details hidden in the annexes of decrees or in related regulations. The second risk lies in the incorrect interpretation of legal requirements, which can lead to a situation where even the updated operating rules do not actually comply with the authorities' requirements.

The third, often underestimated risk is the time-consuming nature of the entire process. Reviewing operating rules is not just a matter of rewriting a few paragraphs. It requires coordination between technical staff, environmental specialists, lawyers, and communication with Regional Authorities or other state administration bodies. For a company dealing with this agenda for the first time or only occasionally, this means dozens of hours of work and potential operational downtime due to errors or the need to supplement documents.

The ARROWS law firm deals with this issue daily and has a specialized team of lawyers with deep knowledge of environmental legislation. We can significantly reduce the time you need to review documentation and minimise the risk of errors thanks to our years of experience in communicating with Regional Authorities and the ČIŽP. Our services include:

• A comprehensive legal audit of existing operational documentation and identification of all non-compliances with current legislation

• Preparation or revision of operating rules in accordance with the amendment to Decree No. 398/2025 Coll. and other regulations

• Preparation of applications for a permit or a change to an operating permit, including all mandatory annexes

• Representation in proceedings before Regional Authorities, the ČIŽP, and other state administration bodies

• Legal advice on the implementation of Best Available Techniques (BAT) and the review of integrated permits

• Professional training for employees in the field of environmental legislation, including a certificate

In the case of international projects or sources with cross-border impacts, we use our ARROWS International network, which we have been building for more than ten years. We deal with cases with an international element on a virtually daily basis and have direct contacts with partners throughout Europe.

We also mean security for our clients. We are insured for damages up to CZK 500,000,000. It is therefore much safer for you to entrust the review of operating rules and communication with authorities to the ARROWS law firm than to risk mistakes that could lead to million-crown fines or a shutdown of operations. We also regularly partner with in-house lawyers to resolve special issues in the environmental field.

Conclusion: Don't wait for an inspection – act proactively

The year 2025 has brought one of the most significant packages of changes in environmental legislation in the last decade. The amendment to the Air Protection Act, changes to implementing decrees, and new requirements for integrated permits demand an immediate response from operators of pollution sources. Outdated operating rules are not just a formal problem – they are a serious risk that can lead to million-crown fines, a shutdown of operations, or the loss of a permit.

The review and updating of operating rules is not a one-off matter. It is an ongoing process that requires expert knowledge, experience in communicating with authorities, and an understanding of the technical aspects of your facility's operation. The longer you wait, the greater the risk that an inspection by the ČIŽP or the Regional Authority will catch you unprepared.

The ARROWS law firm is here to provide you with comprehensive legal support in the field of environmental legislation. Thanks to our long-term experience, extensive portfolio of clients from various sectors, and specialized team, we can quickly and efficiently ensure that your operational documentation is in order. 

We are insured for damages up to CZK 500,000,000, which means maximum certainty and security for you when dealing with complex legal matters. Do not hesitate and contact us today. The sooner we start reviewing your documentation, the better your chances of avoiding penalty proceedings and other complications. 

For an immediate solution to your situation or a no-obligation consultation, write to us at konzultace@arws.cz. Our lawyers are ready to help you – whether it's a comprehensive review of operating rules, preparing an application for a permit change, representing you in proceedings, or providing professional training for your employees.