Abstract
This paper aims at reviewing the core Polish regulations on land‑use planning (LUP) around hazardous plants and presenting a researcher’s view on the proposal of a ministerial ordinance on safety distance determination from the plants creating a major accident hazard (Seveso establishments). Currently there are no legal regulations concerning the method of safety distance determination from Seveso establishments in Poland. The method of generic‑distances recommended in the Polish guidelines from 2007 is not mandatory. The author stands by her opinion expressed for the first time in 2015 that Polish legal regulations on safety distance determination from Seveso establishments formulated as a ministerial ordinance are indisputably needed. If the ordinance is issued, it will contribute to a more complete implementation of the Directive 2012/18/EU and will allow nationwide unification of the method of safety distance determination. The consequence‑based approach seems a reasonable option in Polish conditions. This researcher suggests an extension of the draft of the ordinance by introducing a reference tool for the mathematical modelling of accident consequences. It is also worth considering the introduction of legal norms for the description of areas designed in the spatial planning documents for the location of Seveso establishments.
Highlights
Land‐use planning (LUP) regulations around plants that may create a major accident hazard are formulated in the Directive 2012/18/EU [1] in Article 13
This paper aims at reviewing the core Polish regulations on land‐use plan‐ ning (LUP) around hazardous plants and presenting a researcher’s view on the proposal of a ministerial ordinance on safety distance determination from the plants creating a major accident hazard (Seveso establishments)
The author stands by her opinion expressed for the first time in 2015 that Polish legal regulations on safety distance determination from Seveso establishments formulated as a ministerial ordinance are indisputably needed
Summary
Land‐use planning (LUP) regulations around plants that may create a major accident hazard are formulated in the Directive 2012/18/EU (the Seveso III Direc‐ tive) [1] in Article 13. There are no legal regulations concerning the method of safety dis‐ tance determination from plants constituting a major accident hazard in Poland. Two papers by this author present the results of the analysis of the spatial planning documents prepared at the munic‐ ipality level with regard to a major accident hazard [7, 8]. The third paper, writ‐ ten by Wiśniewski, Połeć and Sobieszek [9], focuses on the results of the evaluation of the quality of the safety reports prepared by the operators of the upper tier es‐ tablishments (UTEs) All these articles refer to the issue of safety distance determination, none of them provides a detailed discussion on the method of safe‐ ty distance determination proposed in the draft of a ministerial ordinance dated 26 March 2019 [4]. The author believes that the paper fills a gap in the scientific lit‐ erature, can be of interest for readers from different disciplines and will stimulate further discussion in a broader scientific forum on this important issue
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