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Air Pollution

What is the fine for burning tires?

Open burning of waste (including tires) is prohibited and carries a fine ranging from 500 to 2,000 GEL, depending on the waste type.

How to appeal a factory emission fine?

You must prove that measurements were incorrect or filters were functioning properly. Alternative laboratory testing is required.

Is self-monitoring mandatory?

Yes, large enterprises are required to implement continuous self-monitoring systems and transmit data to the Ministry.

Can a factory be closed due to pollution?

Yes, if the violation is critical and not rectified, the state has the authority to suspend the enterprise's operations.

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Atmospheric air pollution is an environmental offense involving the emission of harmful substances into the air exceeding established norms or in violation of operational rules. In Georgia, this is regulated by the Law on Ambient Air Protection and the Criminal Code (e.g., general environmental articles like 287). Liability primarily falls on industrial facilities, factories, workshops, as well as individuals burning waste (plastic, tires) in open spaces. Air pollution leads to both administrative fines (which can reach thousands of Lari) and criminal prosecution if the pollution significantly deteriorates air quality or harms human health. Defendants need technical and legal defense to prove that their activities comply with established Maximum Permissible Emission (MPE) limits.

What Does Air Pollution Defense Service Cover?

Specialists on Legal.ge offer services for the industrial and private sectors:

  • Analysis of Lab Studies: Verifying the validity of samples and lab reports taken by state inspection through alternative expertise.
  • Technological Process Defense: Proving that filtration systems were functional and emissions did not exceed norms.
  • Administrative Disputes: Appealing fines issued by the Department of Environmental Supervision in court.
  • Criminal Defense: Defense in cases initiated due to severe consequences (health damage).
  • Permit Management: Legal assistance in preparing environmental decisions and inventory reports of stationary air pollution sources.

Common Situations and Scenarios

Air pollution charges are often related to:

  • Factory Smoke: Metallurgical, cement, or asphalt plants operating with faulty filters.
  • Waste Burning: Burning construction waste, tires, or leaves in the open air, producing toxic smoke.
  • Dust Emissions: Uncontrolled spread of dust from construction sites or quarries.
  • Vehicle Emissions: Violation of emission standards by company fleet vehicles (administrative part).

Georgian Legal Framework

The field is regulated by the Law on Ambient Air Protection. Relevant articles of the Criminal Code are triggered when pollution reaches a critical threshold. In the administrative part, a strict fine system operates, especially in Tbilisi and Rustavi, where monitoring is intensified. It is important to know that even the absence of a self-monitoring system can be grounds for fines.

Step-by-Step Service Process

A lawyer's work includes:

  • Fact Checking: Reviewing the inspection protocol.
  • Technical Expertise: Conducting independent measurements.
  • Court Dispute: Canceling or reducing the fine.

Why Choose a Specialist on Legal.ge?

Air pollution cases are technically complex. On Legal.ge, you will find lawyers experienced in environmental disputes who will help you protect your business from heavy fines and sanctions.

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