1. Object

The object of this ordinance is to regulate the legal system of the Town Hall’s intervention activity by submitting the activities that are not subject to the systems of environmental authorisation or environmental licence regulated by Law 3/1998 of 27th February and Decree 136/1999 of 18th May to municipal licence of opening or operation.

2. Scope of application

1.- The municipal licence of opening or operation applies to all of the activities or facilities that have to be exercised or built in the area of Santa Susanna, apart from those already subject to the system of environmental authorisation or licence regulated by Law 3/1998 and its Regulation.
2.- Both the activities listed in annexe III of Law 3/1998 of 27th February and the activities considered innocuous are subject to the requisites of this Ordinance.

3. Competence

The Mayor’s Office is the qualified body for adopting all administrative acts that might proceed in relation to the subject of this Ordinance. This competence may be delegated in the terms established by local legislation.

4. Municipal licence of activities and Urban licence. Urban report

1.- If the establishment of the activity or installation requires the performance of new construction work, conditioning, adaptation or refurbishment, the activity licence will have to be applied for alongside the works licence.

2.- Both if work is or is not necessary, a report will always have to be issued on urban compatibility, which will have to cover the following aspects:
a) Respect for the property where it is planned to set up the activity:
- The classification and urban qualification of the land.
- The planning to which it is subject
- Property urbanisation
- The admitted and non prohibited urban uses, and specifically the compatibility of the proposed use
- The occupation allowed of the land, subsoil and area above.

b) With respect to the planned activity:
- The capacity of the municipal public services to attend the requirements of the activity
- The conditions of urbanisation or others that might have to be imposed in the urban licence, if necessary.

5. Technical documentation to accompany the request for activity licence

1.- The application will have to be accompanied by a project signed by a qualified technician and approved by the corresponding Bar, including the activity or facility and, as the case may be, the work to be done.

2.- It will also be necessary to attach the technical certification that the activity or facility complies with all demandable legal requirements and other requisites, according to applicable legislation, in meeting the objectives of Law 3/1998 and its Regulation.

3.- The technical project of the activity must adapt as far as possible to the content indicated in the annexe hereto.

4.- When the activities are completely harmless, the technical project may be replaced by a brief descriptive report of the activity, accompanied by plans of the location and the technical diagram of the establishment and the installations.

6. Presentation of the application for a municipal activity licence

1.- The application for a licence, accompanied by the technical documentation indicated in the previous article, will be presented in triplicate in the General Register of the Town Hall along with the documentation certifying compliance with the tax obligations as determined by the current tax Ordinances.

2.- If the application is made on behalf of another physical person or legal entity without accrediting representation, or is not accompanied by the technical documentation referred to in art. 6, or should fail to certify compliance with the requirable tax obligations, the corresponding entry in the Register may not denied, but the signor of the application will be required, by diligence on the same copy of the application, to correct the deficiency within ten days and attach the preceptive documentation, indicating that if this is not done, the application will be turned down by resolution given to this effect.

3.- The date the application is presented in the Register, if accompanied by all of the documentation referred to in section 1, or the date on which the required referred to by section 2 is fulfilled, will determine the start of the procedure for the effect of calculating the terms for resolution.

7. Technical reports

1.- In the five days following the start of the procedure, the application will be subject to the report of the municipal Architect and Engineer, and, if necessary, the report of the head Vet or Local Health Manager.

2.- The Architect, the municipal Engineer, the Vet and the Local Health Manager issue their respective reports concisely in the common, maximum time of 15 days, showing the conformity of the technical documentation with applicable regulations or its disconformity with specific precepts or regulations and will conclude whether or not the report is in favour or against awarding of the licence. If it is favourable, it will have to be indicated whether the licence will have to be subject to particular conditions, expressing the legal or regulatory precept on which this is based. If the report is unfavourable, it will have to be specified whether the shortcoming on which it is based can or can not be corrected.

8. Correctable shortcomings

If the reports issued should point to correctable shortcomings, the party concerned will be required to correct them within a time of 10 days.

9. Uncorrectable or correctable but uncorrected shortcomings

1.- If the unfavourable report of the municipal Technical Services or of the Vet or Local Health Manager should be based on the incompatibility of the use of uncorrectable shortcomings, or if the shortcomings are correctable but have not been corrected within the time indicated, a time of ten days will be given to hear the party concerned, prior to the resolution of denial, so that they might make all allegations and provide all documents and certificates they deem pertinent.

2.- Following the term of the hearing, in the light of the allegations made in the reports issued thereon by the municipal Technical Services, the Vet or the Local Health Manager – a report that must be made within a time of ten days -, it will be resolved to accept the allegation and continue with the procedure or turn down the licence.

10. Neighbourly information

1.- Once the licence application relative to the intended activity or facility has been favourably reported, the case will be submitted to reporting to the neighbours for a time of ten days by communication to the immediate neighbours of the site, so that they might make all allegations and claims they see fit.

2.- Any other party who might be affected by the granting of the licence may appear and make all allegations and provide all documents they see fit at any time of the procedure prior to processing the hearing previous to the resolution.
3.- If allegations or claims should be made, they will be reported by the municipal Technical Services or the Vet of Local Health Manager, as may proceed, within a time of ten days.

11. Hearing prior to the resolution

Previous to the proposed resolution, a hearing will be given to the licence applicant and all those who have appeared in the case, to make all allegations they see fit within a time of ten days.

If the allegations are not presented within the prescribed time and the technical reports fail to favour the concession of the licence, without imposing particular conditions, this procedure will be passed over

12. Resolution

1.- The only resolution granting or refusing the licence to open an establishment or facility shall be determined (by the Mayor’s Office or the delegated body) within a time of three months counting from the day following the start of the proceedings, according to what has been established in art. 6.3.

2.- The calculation of the term of resolution will be suspended for the time in which the party concerned is allowed to correct the shortcomings, according to art. 8.

3.- Likewise, the term for resolution will be suspended for the time between the application for a report from another Administration (when this is required and determining the content of the resolution), and the reception of the report. This term of suspension may not be more than three months.

4.- After the time indicated in section 1, and in sections 2 and 3, as the case may be, has passed without any express resolution having been reported to the party concerned, the licence will be deemed awarded, unless faculties are transferred relative to public domain or the public service or faculties are acquired against the requisites of current urban legislation or planning. It will be deemed refused in such cases.

5.- The licence produced by administrative silence causes effect from the end of the maximum time in which the express resolution has to be determined without it having been caused, and its existence may be certified by any means of proof admitted in law, including a certificate accrediting silence, which may be applied for from the qualified body to determine the express resolution, and which will have to be issued within 15 days.

6.- The resolution by which the licence is granted will approve the settlement of all taxes that might correspond according to the current tax ordinances.

13. Notification and publication of licences

All resolutions made that grant or refuse the licences referred to hereby will be reported to the applicant and all those who have appeared in the case, and will also be published in a summary on the board of edicts of the Town Hall.

14. Performance of work or facilities

The concession of the legitimate licence to the holder to carry out the necessary work or installations to be able to open, extend, modify or refurbish the establishment or to perform the activity referred to, with the specific conditions imposed.

15. Verification

1.- Having performed the work or installations (and within the 3 months following their completion, at most) the licence holder will inform the Town Hall thereof, by letter accompanied by:

a) Certification issued by the managing technician and duly approved by the corresponding Bar to certify that it has been done strictly subject to the granted licence, and attaching the necessary receipts and authorisations from the point of view of industrial or health safety.
b) Act of initial control, checked by a duly certified Environmental Control Entity (EAC).

2.- If the work or installations have been executed without adapting strictly to the awarded licence, the managing technician will state the modifications made on the certificate referred to in the previous aside, their justification and adaptation to the specific applicable regulations. In such a case, the Town Hall, having made all suitable checks, may, within a time of one month, show its conformity or disconformity with the changes made and order everything that might proceed. If this has not been complied with within a time of ten working days, action will be taken as in the following article 17.2. However, if one month passes without the Town Hall doing anything with respect to the modification, they will be legalised, unless any of the circumstances are given of article 12.4.

16. Authorisation to open or start up

1.- Having presented the initial act of control delivered by the EAC, with a favourable result, the holder of the licence will be authorised to start up the installation or to open the establishment referred to by the licence.

2.- If the initial act of control were unfavourable, the holder will be required in a time of ten days to correct everything that might be necessary, with the warning that if they do not do so, the licence will be denied and the case will be filed without further processing.

17. Expiration of the licences

1.- If the time of the licence passes without the Town Hall having been informed as prescribed by art. 15.1 of the performance of the work or installation, or, although the communication has been made, three months should pass without the activity or the installation being put into operation, it will be deemed expired, which must be declared expressly with the hearing of the holder. The declaration of expiration will have the effect of extinguishing the licence.

2.- Licences will also incur expiration relative to activities of which the operation is interrupted for a period of over six months.

18. Transmission of licences

1.- The licences referred to in this Ordinance are transmissible, apart from the cases where some specific regulation should prohibit such transmission.

2.- For the transmission to be effective, it will be sufficient for the transmitter and receiver to inform the Town Hall in writing of the transmission, attaching a copy of the licence granted and providing the safety rules are complied with that are in force at the time of communication.

3.- Once the communication has been made, the Town Hall will check whether the establishment of the installation that is the object of transmission adapts to the conditions of the awarded licence, and if it adapts, the transmission with be authorised by the corresponding resolution that will be reported to the parties concerned; if it should fail to adapt, the acquirer will be required to carry out all actions in the time that might be indicated.

4.- If one month should pass from the time that the transmission is communicated, without the Town Hall notifying of any resolution thereto, the transmission will be deemed authorised.

5.- The transmission of licences will give rise to the certification of the taxes provided by current tax ordinances.

6.- If the transmission is carried out without being reported to the Town Hall, the transmitter and receiver will be jointly subject to all the obligations and responsibilities derived from the exercise of the activity referred to in the licence.

19. Periodical controls

1.- The activity and the installations that this Ordinance subjects to prior municipal licence are subject to the system of technical and periodical environmental checking that certifies compliance with the demandable requirements. The control is generally set at every 5 years, without prejudice to a different time being set on the licence.

2.- This action of control may be performed by a duly authorised, certified Environmental Control Entity.

3.- The content of the control in the area of municipal competences will be that of the determinations set in the licence, and generally those set by the basic Regulation developing Law 3/1998.

4.- Depending on the result of the control act, the Town Hall will take all necessary measures within a time of two months.

20. Inspection activity

1.- Without prejudice to the periodical controls, at any time the Town Hall may, either spontaneously or with forewarning, inspect the activities that this ordinance subjects to licence, in order to check whether they are carried out according to the conditions of the licence and cause no disturbance which, through noise, vibrations, dust, blows, smells, etc. suppose a risk for people, things or the environment.

2.- If the activity is seen to fail to adapt to the conditions of the licence or, even if it should adjust, and there should be any kind of disturbance that supposes a risk for people, things or the environment, the holder will be required in a time that the Technical Services should indicate and which will be proportional to the scope of what has to be done (not under 15 days or more than 3 months), to adapt to the conditions of the licence, or adopt the measures specified in the report to eliminate the disturbance that might occur.

3.- After the indicated time, the Technical Services or a duly authorised EAC will check whether the holder has complied or not with what has been ordered, and in the event of non compliance, they will report whether, according to the transcendence or importance of the conditions not met or the disturbance caused, it is convenient to grant a second, last term for it to be complied with.

4.- If the terms granted end without the holder having complied with the requirement, and following a hearing, the effects of the licence will be suspended and the activity or installation should therefore cease until the holder complies with what has been ordered. To these effects, having complied with everything that has been order, the holder will inform the Town Hall and in the 8 days following, the municipal Technical Services or the EAC will make a check and issue a corresponding report. The suspension will be lifted or maintained after this check and in the following 5 days, as the case may be.

5.- If 6 months should pass from the time of the suspension of the licence without the holder complying with what was ordered, the licence will be revoked upon a hearing of the party concerned.

21. Sanctions

The sanctioning system of the administrative infringement which, by action or omission, are caused and contravene the obligations derived from this ordinance, will be that governed by Law 3/1998 and Law 2/2002 of 14th March, and the provisions determined for their development

22. Clandestine activities and installations

1.- All activities or installation subject to a municipal licence by virtue of this Ordinance which are performed or operate without one will be considered clandestine, and they may be ordered to close or cease, upon the hearing of the holder, if they are seen to considerably affect the environment, the safety or the health of people.

2.- The holders of clandestine activities or installation will be required within a time of 15 days to apply for the preceptive licence, and if they do not do so, the activity or installation will be ordered to close or cease its activity.

3.- The closing or ceasing of activities or installations working without a licence does not constitute a sanction but rather the restoration of the infringed legal order, and is therefore compatible with the imposition of the sanctions that might proceed in application of the sanctioning system referred to in article 21 of this Ordinance.

Transitory provision

The activities existing before the enforcement of Law 3/1998 and are included in it annexe III, will have to pass the first of the five-year checks in the year 2004.

Final Provision

This Ordinance, once finally approved by the Town Hall, will come into force fifteen days after its complete publication in the Official Gazette of the Province, and will remain in force as long as its modification or derogation is not agreed.

ANNEXE 1

Content of the technical documentation referred to in article 5 of the Ordinance:

1) Report
2) Applicant: Name and surname/s of the person concerned, of their representative, as the case may be, duly certifying the representation and indicating the residence for the effect of notifications.
3) Residence: of the activity and the person applying for the licence
4) Urban data: Compliance with the urban parameters regulating industrial activities in a special category, maximum surface area and power.
5) Machinery list: Indicating HP in the case of engines, KW in the case of other electrical consumption and Kcal/h in the case of gas consumption, with the total sum of HP, KW and Kcal/h.
6) Description of the premises: Indicating the constructive type, fire prevention, ventilation, staircases, compliance with the regulations concerning the suppression of architectural barriers, table of surface areas, compliance with the regulation on the policing of shows and recreational activities (if this proceeds), boundaries (specifying whether the adjacent ones are dwellings or industries), etc.
7) Raw materials: specifying annual consumption and stocks, the form of storing them, description of tanks, if any, etc.
8) Fuels: indicating the type of fuels, and in the case of liquid fuels, the storage characteristics.
9) Chemical products: indicating the way to store them and the fire precautions.
10) Process of manufacturing or transformation: indicating the most important operations or phases.
11) Atmospheric pollution: indicating whether it is foreseen or not, and if so, indicating the cause (generators, ovens, dust, etc), waste from chimneys, purifiers, extractors, etc. Particularly in the industries included in the list of activities that are potential polluters of the atmosphere.
12) Waste waters: Indicating whether pollution is expected by waters, planned treatment or pre-treatment, etc.
13) Drinking water: indicating the source of the water, and, in the case of wells, specifying the characteristics, bacteriological analysis and authorisations available.
14) Solid waste: Indicating the form of storing them and specifying whether a waste declaration has already been made.
15) Personnel: Describing the personnel (managers, technicians, clerks, labourers, etc)
16) Fire prevention: Indicating the preventions, and in the case of activities subject to the NBE-CPI, justifying compliance and the capacity and evacuation in the case of premises of public concurrence.
17) Compliance with the Regulations of Food Hygiene: Justify compliance with the Technical Health Regulations (collective dining rooms, bars, restaurants, slaughterhouses, butchers’, fishmongers’, food stores, swimming pools, etc.)
18) Budget: Broken down into the different machines and installations.
19) Background: in the case of extension or modification of activities.
20) Study of fire load: By the different fire sectors of the activity.
21) Acoustic study: in the case of activities with music or noisy activities close to dwellings.
22) Plans:
- Location in the environment
- Place (if possible 1:500), indicating the building and courtyards
- Plant Plan, indicating the location of machinery, table of surface areas, ventilation, washrooms, location of extinguishers, emergency lights, fire hoses, detectors, fire doors, sectorisation, etc.
- Longitudinal and transversal plans, justifying compliance with the fire regulations of the Government of Catalonia in activities adjacent to other buildings or located in buildings with other uses.