Key Benefits:
ACT
of 13 September 1996
on the maintenance of cleanliness and order in the municipalities 1)
Chapter 1
General provisions
Article 1. [ Substantive Scope] The Act shall specify:
1) the tasks of the municipality and the obligations of the owners of the property concerning the maintenance of cleanliness
2) the conditions for the performance of the activity in the collection of municipal waste from the owners of the property and the management of those wastes;
3) conditions for the granting of permits to entities providing services within the scope regulated by the Act.
Article 1a. [ Application of the Waste Act] The provisions of the Act of 14 December 2012 shall apply in matters relating to the handling of municipal waste in the field of unregulated waste. of waste (Dz. U. of 2013 r. items 21, with late. zm.).
Article 2. [ Definitions] 1. Whenever the law is referred to:
1) liquid impurities-it is understood by the effluent collected temporarily in the non-drainage tanks;
2. (repealed);
(3) water catchment stations-shall be understood by means of installations and equipment located at the collectors of the sewage network or at waste water treatment plants for the reception of liquid impurities in charge of tanning vehicles from assembly centres;
4) property owners-it is also understood by the co-owners, the perpetual users and the organizational units and persons holding the property in the management or use, as well as other entities wielding the property;
5) non-drainage tanks-it is understood by this plant and equipment intended for the collection of liquid impurities at the place of their formation.
2. The minister competent for transport, in agreement with the minister responsible for the environment, will determine, by means of the regulation, the requirements for the asenization vehicles, taking into account:
1) the safety and health of persons using and operating the asenization vehicles;
2) the requirements of environmental protection and road safety.
2a. If the obligations indicated in the Act may at the same time cover several of the entities referred to in paragraph 2. 1 point 4, the entity or entities actually wielding the immovable property shall be responsible for their execution. In such a case, the entities referred to in paragraph 1 shall be subject to the 1 point 4 may, by contract concluded in writing, indicate the entity that is required to perform the obligations arising from the Act.
3. If the property is built in a multi-room building, in which a separate property of the premises is established, the obligations of the owner of the joint property and the owner of the premises shall be borne by the housing community or the housing cooperative.
3a. The housing community shall be borne by the Act of charge without restriction, and each owner of the premises-in part:
1) corresponding to the ratio of the number of persons residing in the premises to the number of persons residing in all premises-in the case of the method of establishing the fee referred to in art. 6j ust. 1 point 1;
2) corresponding to the ratio of the amount of water used in the premises to the quantity of consumed water in all premises-in the case of the method of determining the fee referred to in Article 6j ust. 1 point 2;
3) corresponding to the amount of the fee referred to in art. 6j ust. 2;
4) corresponding to its share in the common property-in other cases.
3b. The person who serves the cooperative right to the premises, or the person actually residing in the premises belonging to a housing cooperative is not obliged to perform the duties of the owner of the property resulting from the Act.
4. The Minister for Construction, Local Planning and Planning and Housing, in consultation with the Minister responsible for Environment, will determine, by regulation, the conditions for the introduction of liquid impurities to the water catchment stations, taking into account:
1) the safety and health of the people serving the water catchment stations;
2) the protection of technical equipment of the water catchment stations;
3) the effect of the mixture of liquid impurities on mechanical-biological treatment processes;
4) protection of waters against pollution.
Chapter 2
Tasks of municipalities
Article 3. [ The subject is obliged to maintain cleanliness and order in the municipalities] 1. Maintenance of cleanliness and order in the communes belongs to the mandatory tasks of the communes.
2. The cities shall ensure cleanliness and order on their premises and create the conditions necessary for their maintenance, and in particular:
1) create the conditions for the execution of works related to the maintenance of cleanliness and order on the territory of the municipality or ensure the execution of these works by the creation of the appropriate organizational units;
2. ensure the construction, maintenance and operation of own or joint operations with other municipalities:
(a) regional municipal waste treatment installations-provided that the obligation to build such installations is due to the voivodship waste management plan referred to in the Act of 14 December 2012. Of waste,
(b) the water catchment stations, where the connection of all properties to the sewage network is not possible or causes excessive costs,
(c) installations and equipment for the collection, transport and disposal of animal carcases or parts thereof,
(d) public shallots;
3) cover all property owners within the municipality of the municipal waste management system;
4) supervise the management of municipal waste, including the realization of tasks entrusted to the entities receiving municipal waste from the owners of the property;
5) establish selective collection of municipal waste covering at least the following fractions of waste: paper, metal, plastic, glass and multi-material packaging, and municipal waste biodegradable, including waste biodegradable packaging;
6) create the points of selective collection of municipal waste in a way that provides easy access for all residents of the municipality, which ensure the reception of at least such municipal waste as: overdue drugs and chemicals, spent batteries and batteries, waste electrical and electronic equipment, furniture and other large waste, used tyres, green waste and construction and demolition waste constituting municipal waste, as well as municipal waste as defined in the legislation issued on Article 1 4a;
7. ensure the achievement of appropriate levels of recycling, preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transferred to storage;
8) carry out information and education activities on the proper management of municipal waste, in particular in the area of selective collection of municipal waste;
9) make available on the website of the municipal office and in a manner customarily adopted information about:
(a) entities receiving municipal waste from the owners of the property from the site in question, including the company, the registered office and the address or the name, surname and address of the operator receiving the municipal waste from the owners of the property,
(b) disposal sites by entities receiving municipal waste from landlords from a given municipality of mixed municipal waste, green waste and residues from the sorting of municipal waste intended for storage,
(c) the municipalities and entities receiving municipal waste from property owners which do not operate under the contract referred to in Article 3 (2) of the EC- 6f ust. 1, and do not provide such a service in the free-hand order mode, referred to in art. 6f ust. 2, in a given calendar year, the required levels of recycling, the preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable communal waste to be stored,
(d) points of selective collection of municipal waste, including:
-the company, the designation of the premises and the address or name, surname and address of the selective collection point of municipal waste,
-the addresses of the selective collection points of municipal waste in the area concerned, together with an indication of the hours of receipt of waste,
e) collecting waste electrical and electronic equipment from households as referred to in the Act of 11 September 2015. with the used electrical and electronic equipment (Dz. U. Entry 1688), containing: [ 1]
-the company, the designation of the premises and the address or name, surname and address of the gathering of the electrical and electronic equipment used,
-the addresses of the collection of waste electrical and electronic equipment on the territory of the municipality;
10) make an annual analysis of the state of municipal waste management, in order to verify the technical and organizational possibilities of the municipality in the scope of municipal waste management;
11) prevent the pollution of streets, squares and open areas, in particular by: harvesting and disposing, subject to art. 5 par. 4, mud, snow, ice and other impurities flung from the pavements by the owners of the property and the waste collected in the intended containers set on the sidewalk;
12) maintain cleanliness and order at the communication stops owned or managed by the municipality and which are located in its area on public roads regardless of the category of these roads;
13) define the requirements for persons keeping pets in the field of safety and cleanliness in public places;
14) prevent the homelessness of animals under the rules laid down in the animal protection rules;
15. ensure the collection, transport and disposal of the carcases of homeless animals or parts thereof, and cooperate with the undertakings undertaking activities in this field;
16. they shall know the areas affected or threatened by infectious diseases of animals.
2a. In the event of the intercommunal relationship, the tasks referred to in paragraph 2 shall be carried out. 2, as defined in the law and the obligations of the municipal authorities, including the adoption of acts of local law, shall perform the competent authorities of that relationship.
2b. The municipality is obliged to create at least one stationary point of selective collection of municipal waste, alone or jointly with other communes or municipalities.
3. The cities shall keep a record of:
1) non-drainage tanks to control the frequency of their emptying and to develop a plan for the development of the sewage network;
2) domestic sewage treatment plants to control the frequency and the way of disposing of municipal sewage sludge and to develop a plan for the development of sewage network;
3) contracts concluded for receiving municipal waste from property owners to control the execution by property owners and entrepreneurs of obligations resulting from the Act.
Article 3a. [ Obligations of the municipality related to installations for the treatment of municipal waste] 1. Commune, carrying out tasks consisting in ensuring the construction, maintenance and operation of regional municipal waste treatment installations, shall be obliged to:
1) to make a tender for the selection of the entity that will build, maintain or operate a regional installation for the treatment of municipal waste, or
2) make the selection of the entity that will build, maintain or operate a regional plant for the processing of municipal waste, under the principles laid down in the Act of 19 December 2008. o public-private partnership (Dz. U. 2009 r. No 19, pos. 100, of late. zm.), or
3) make the selection of the entity that will build, maintain or operate a regional plant for the processing of municipal waste, under the principles laid down in the Act of 9 January 2009. concerning works or services concessions (Dz. U. Nr 19, pos. 101, of late. zm.).
2. Where the tender referred to in paragraph 1 is not applicable 1 point 1 shall be completed with negative results, or where the choice of a private partner is not made in accordance with the rules laid down in the Act referred to in paragraph 1. 1 point 2, or if the concessionaire's choice is not made on the basis of the rules referred to in paragraph 1. 1 point 3, the municipality can independently carry out the task of building, maintaining or operating a regional installation for the processing of municipal waste.
3. For the tenders referred to in paragraph 1. The Act of 29 January 2004 shall apply to the non-regulated extent in point 1 of this Act. -Public procurement law (Dz. U. of 2013 r. items 907, 984 and 1047).
Article 3b. [ Obligations of the municipality regarding the achievement of appropriate recycling levels] 1. The cities shall be obliged to reach until 31 December 2020:
1) the level of recycling and preparation for re-use of the following municipal waste fractions: paper, metals, plastics and glass of at least 50% by weight;
2) the level of recycling, preparation for re-use and recovery of other methods other than hazardous building and demolition wastes constituting municipal waste of at least 70% by weight.
2. The Minister responsible for environmental matters shall determine, by means of a regulation:
1) the levels of recycling, preparation for re-use and recovery by other methods, which the municipality is required to achieve in individual years, taking into account the need to achieve the levels specified in the paragraph. 1;
2) method of calculation of recycling rates, preparation for reuse and recovery by other methods, guided by the necessity of the possibility to verify their achievement by each municipality.
Article 3c. [ Obligations of the municipality to limit the mass of biodegradable municipal waste] 1. Gmines are required to reduce the mass of biodegradable municipal waste that is transferred to storage:
1) by 16 July 2013. -not more than 50% by weight of the total mass of biodegradable communal waste transferred to storage,
2. by 16 July 2020. -not more than 35% by weight of the total mass of biodegradable communal waste transferred into storage
-in relation to the mass of those wastes produced in 1995.
2. The Minister responsible for environmental matters shall determine, by means of a regulation:
1) the limits of the mass of biodegradable communal waste transferred to storage, which the municipality is required to achieve in individual years, taking into account the need to achieve the levels set out in the paragraph. 1;
2. the method of calculating the reduction in the mass of biodegradable communal waste to be stored, taking into account the reasonable estimate of the mass of biodegradable municipal waste produced per capita in 1995, data statistical information on the number of inhabitants living in the municipality and the percentage of biodegradable communal waste transferred to the storage area.
Article 4. [ Regulations for the maintenance of cleanliness and order in the municipality] 1. The municipal council, after consulting the state district of the district health inspector, shall adopt the rules of procedure for the maintenance of cleanliness and order in the territory of the commune, hereinafter referred to as the "Regulations"; the rules of procedure shall be the act of local law.
2. The Rules of Procedure lay down detailed rules for maintaining cleanliness and order on the territory of the commune
1) the requirements for the maintenance of cleanliness and order in the property comprising:
(a) the conduct of selective collection and reception or reception by the points of selective collection of municipal waste or the provision of treatment in other ways at least such municipal waste as overdue drugs and chemicals, consumed batteries and accumulators, used electrical and electronic equipment, furniture and other large waste materials, used tyres, green waste and construction and demolition waste constituting municipal waste, as well as municipal waste as defined in the legislation issued on the basis of art. 4a,
(b) the harness of mud, snow, ice and other impurities from the parts of the property for public use,
(c) washing and repair of motor vehicles outside of car washes and repair shops;
2) the type and minimum capacity of the containers intended for the collection of municipal waste in the property area and on public roads, conditions for the placement of these containers and their maintenance in the appropriate sanitary state, ordinal and technical, taking into account:
(a) the average quantities of municipal waste generated in households or other sources,
(b) the number of persons using those containers;
3) the frequency and manner of disposing of municipal waste and liquid impurities from the land area and from land intended for public use;
4) (repealed);
5) other requirements resulting from the voivodship plan of waste management;
6) the duties of persons maintaining pets, designed to protect against the threat or nuisance to humans and against pollution of sites intended for common use;
7) the requirements for the maintenance of livestock in areas excluded from agricultural production, including the prohibition of their maintenance in specific areas or in individual real estate;
(8) the designation of the areas subject to compulsory deraterization and the time limits for carrying out the
2a. The Rules of Procedure may provide for the selective collection and collection of municipal waste other than those referred to in paragraph 1. 2 point 1 (c) a.
3. The municipal council is required to adapt the rules of procedure to the voivodship plan of waste management within 6 months from the date of adoption of this plan.
Article 4a. [ Delegation] The Minister responsible for the environment may determine, by means of a regulation:
1. a detailed way of selective collection of selected waste fractions and when the requirement of a selective collection is deemed to be met,
(2) municipal waste which is subject to the compulsory collection of a selective collection from among those laid down in the Article 3b (b) 1 and Art. 3c ust. 1
-guided by the need to unify the requirements for collecting and receiving municipal waste and to obtain the required levels of recycling, the preparation for re-use and recovery of other municipal waste methods and the reduction of mass municipal waste transferred for storage.
Chapter 3
Responsibilities of property owners
Article 5. [ obligation to ensure the maintenance of cleanliness and order by the owner of the property 1. The owners of the property shall ensure the keeping of purity and order by:
1) the equipment of the property in containers serving to collect municipal waste and keep these containers in the appropriate sanitary, ordinal and technical condition, unless by virtue of the resolution of the municipal council referred to in art. 6r par. 3, these obligations will take over the municipality as part of the service to receive municipal waste from the owners of the property in exchange for the owner's paid fee for municipal waste management;
2) the attachment of the property to the existing sewage network or, where the construction of the sewage network is technically or economically unjustified, equipping the real estate in a container of non-drainage of liquid or in a homeless waste water treatment plant, meeting the requirements laid down in the separate provisions; connection of the property to the sewage network is not mandatory if the property is equipped with a sewage treatment plant which meets the requirements of specified in the separate provisions;
3) the collection of the resulting property of municipal waste in accordance with the requirements laid down in the Rules of Procedure and regulations issued on the basis of art. 4a;
(3a) the accumulation of liquid impurities in non-drainage tanks;
3b) dispose of collected municipal waste and liquid impurities in a manner consistent with the provisions of the Act and the provisions of separate regulations;
4) the removal of mud, snow, ice and other impurities from the pavements located along the property, with such a walkway being considered an isolated part of the public road used for pedestrian traffic located directly at the property border; the owner of the property shall not be obliged to stamp the pavement where the payment of the fastening or parking of motor vehicles is permitted;
5. the implementation of other obligations laid down in the Rules of Procedure
2. The performance of the duties referred to in paragraph. 1, at the construction site belongs to the contractor of the works.
3. The removal and disposal of mud, snow, ice and other impurities from the separated curb or marking the horizontal track of rail vehicles located on the territory of the municipality belongs to the obligations of the entrepreneurs of the tenants of these toroils.
4. The obligations of maintaining cleanliness and order on public roads belong to the board of the road. The duties of the Board of Road shall also be:
1) the collection and disposal of waste collected in containers for this intended and maintenance of these containers in the appropriate sanitary, ordinal and technical condition;
2) disposal of mud, snow, ice and other impurities flung out from the pavements by the owners of the property adjacent to the public road;
3) the removal and disposal of mud, snow, ice and other impurities from the pavements, if the road management charges the parking fees or parking of motor vehicles on such a pavement.
5. The obligations of maintaining cleanliness and order in areas other than those mentioned in the paragraph. 1-4 belong to the municipality. It is also the responsibility of the municipality to remove and dispose of mud, snow, ice and other impurities from the sidewalks, if the municipality charges the parking fees or parking of motor vehicles on such a pavement, and to collect and dispose of them waste collected in containers for that intended on this sidewalk and the maintenance of these containers in an appropriate sanitary, ordinal and technical condition.
6. Supervision of the fulfilment of the obligations laid down in the paragraph. 1-4 holds the mayor, mayor, or president of the city.
7. In the event of failure to comply with the obligations referred to in paragraph. 1-4, the mayor (mayor, president of the city) issues a decision ordering the execution of the obligation.
8. Article 7 shall not apply to the obligations referred to in paragraph 1. 1 point 3-3b.
9. The execution of the decision referred to in paragraph. 7, shall be subject to enforcement under the provisions of the Act of 17 June 1966. on enforcement proceedings in the administration (Dz. U. 2012 r. items 1015, of late. zm.).
Article 6. [ Receiving of municipal waste, emptying of non-tidal tanks and transport of liquid uncleanness] 1. Owners of real estate who are disposed of from the land of liquid impurities, and owners of property who are not required to incur charges for the management of municipal waste for the benefit of the municipality, performing the obligation specified in art. 5 par. In the form of an agreement on the use of services performed by the following:
1) a municipal business unit or an entrepreneur authorised to operate in the field of emptying of non-tidal tanks and the transport of liquid impurities or
2) a municipal business unit or an entrepreneur receiving municipal waste from the owners of the property, entered in the register of regulated activities referred to in art. 9b ust. 2
-by the presentation of such agreements and the evidence of payment of the fees for those services.
1a. The municipal council may specify, by way of resolution, depending on local conditions, other ways of documenting the performance of the duties referred to in art. 5 par. 1 point 3b.
1b. If this is a subject of the need to protect classified information, the organisational units with real estate constituting a closed area within the meaning of the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2010 Nr 193, pos. 1287, as of late. zm.), established by the Minister of National Defence, may not include a contract for receiving municipal waste. In that case, the business unit shall be required to be independent and comply with the rules and regulations issued on the basis of art. 4a dispose of municipal waste generated in a closed area.
2. The municipal council shall specify, by way of a resolution, the upper rates of charges borne by the owners of the property for the services referred to in paragraph. 1.
3. (repealed).
4. The municipal council shall specify the rates of the fees referred to in paragraph. 2, apply higher rates if municipal waste is not collected and received selectively.
4a. The municipal council shall specify the rates of the fees referred to in paragraph 1. 2, may apply differentiated rates according to population density in a given area of the municipality and the distance from the site of municipal waste disposal.
5. (repealed).
6. The municipality is obliged to organise the collection of municipal waste and to empty the non-drainage tanks in the case of owners of real estate who have not entered into the agreements referred to in the paragraph. 1.
7. Wójt, the mayor, the president of the city shall issue a decision of the office, in which he sets:
1) the obligation to pay the charges for receiving municipal waste or emptying of non-drainage tanks;
(2) the amount of the fees calculated using the rates referred to in paragraph 2 (2). 2;
3. the time limits for payment of the fees referred to in point 1;
4) the manner and terms of making available containers or tanks in order to empty them.
8. The decision referred to in paragraph 1. 7, a rigor is suitable for immediate enforceability.
9. The decision referred to in paragraph. 7, is issued for the period of 1 year.
10. The decision referred to in paragraph. 7, shall be extended by a decision taken from the office, for a further period, if the owner of the property does not present, for at least 3 months before the expiry of the decision date, the contract in which the date of commencement of the service is not shall be later than the date of expiry of the decision in force.
11. The fees referred to in paragraph 7, are the revenues of the municipalities ' budgets.
12. The provisions of Section III of the Act of 29 August 1997 apply to charges. -Tax Ordinance (Dz. U. 2012 r. items 749, of late. zm.), except that the powers of the tax authorities are granted to the mayor, to the mayor or to the president of the city.
Article 6a. [ Paid takeover of the duties of property owners by the municipal council] 1. The municipal council may, by way of a resolution constituting the act of local law, take over from the owners of the property all or the specified obligations referred to in art. 5 par. Paragraph 1 (b) for the disposal of liquid impurities and Article 3 (3) (b) of the 5 par. 1 point 4.
2. Taking over the duties, the municipal council shall determine the fee borne by the owners of the property for performing the assumed duties.
3. The fee referred to in paragraph. 2, is determined in a lump sum for the periodic disposal of a specified amount of the indicated type of liquid uncleanness and the passage of mud, snow, ice and other impurities from the pavements located along the property. The amount of the fee depends on the actual costs incurred by the municipality for the organisation and operation of the system for the development of liquid impurities and for the removal of mud, snow, ice and other impurities from the pavements of the midwives along the property.
Article 6b. [ Determination of the date of payment of the fee] Setting the fees referred to in Article 6a, the municipal council shall specify the time limits for their payment. Charges not paid within the prescribed period shall be subject to compulsory collection in accordance with the rules on enforcement proceedings in the administration.
Chapter 3a
Municipal waste management by the municipality
Article 6c. [ Obligations of the municipality related to the organization of receiving municipal waste] 1. Munichgoers are obliged to organize receiving municipal waste from the owners of the property on which the residents reside.
2. The municipal council may, by way of a resolution constituting the act of local law, decide to receive municipal waste from the owners of the property on which the residents are not inhabited and municipal waste is created.
3. The praise referred to in the mouth. 2, may apply to all property owners or owners of specific properties, in particular the property on which a particular type of activity is carried out.
4. If it is subject to the need to protect classified information, the resolution referred to in paragraph 1 shall be subject to the protection of classified information. 2, it does not concern organisational units with real estate constituting a closed area within the meaning of the Act of 17 May 1989. -Geodetic and cartographic law, established by the Minister of National Defence. Article Recipe 6 para. The second sentence shall apply.
Article 6d. [ Tender for the collection and management of municipal waste] 1. [ 2] The mayor, mayor or president of the city is obliged to arrange a tender for receiving municipal waste from the owners of the property referred to in art. 6c, or tender for receiving and managing these wastes.
2. In order to organise the collection of municipal waste from the owners of the property and to designate the points of selective collection of municipal waste, the municipal council of more than 10 000 inhabitants may adopt a resolution constituting the act of local law, o the division of the municipality to the sectors, taking into account the number of inhabitants, the population density in the area and the area available to be handled by one entrepreneur receiving municipal waste from the owners of the property.
3. In the case where the municipality is divided into sectors, the tenders referred to in paragraph shall be issued. 1, it shall be organised for each of the designated sectors.
4. The mayor, mayor or president of the city shall specify in the specification of the essential terms of the contract in particular:
1) the requirements for the transfer of received mixed municipal waste and green waste to regional installations for the treatment of municipal waste;
2) the types of municipal waste received selectively from the owners of the property;
3) the sanitary standard of the performance of services and the protection of the environment;
4) the obligation to carry out documentation related to the activities covered by the order;
5) installations, in particular regional municipal waste treatment installations, to which the operator receiving municipal waste from the owners of the property, is obliged to transfer the waste received-in the case of a call for tenders for receiving waste from the owners of the property or obliges to indicate such installations in the tender-in the case of a tender for the collection and management of such waste; in the case of small quantities of collected waste selectively collected not to be transferred to a regional municipal waste treatment plant it is possible to indicate the entity collecting the waste;
6) the detailed requirements placed on entrepreneurs receiving municipal waste from property owners.
Art. 6e. [ Receiving municipal waste by companies with the participation of the municipality] [ 3] Companies with the participation of the municipality may receive municipal waste from the owners of the property, at the request of the municipality, in the event that they were selected by the tender referred to in art. 6d par. 1.
Article 6f. [ Conclusion and termination of the contract for receiving municipal waste from property owners] 1. Wójt, the mayor or president of the city shall include with the entrepreneur chosen by the tender referred to in art. 6d par. 1, a contract for receiving or receiving and managing municipal waste from property owners.
1a. The agreement referred to in paragraph 1. 1, specifies the installation or installations, including regional municipal waste treatment facilities, to which the entrepreneur receiving municipal waste from the owners of the property, is obliged to transfer the waste received. In the case of small quantities of waste received selectively collected not subject to a transfer to a regional municipal waste treatment facility, it is possible to indicate the entity collecting those wastes.
2. In the event of termination of the contract for receiving municipal waste from the owners of the property the mayor, the mayor or president of the city shall be obliged to promptly organise the tender referred to in art. 6d par. 1. In order to ensure the reception of municipal waste from the municipality, until the tender is resolved, the municipality provides these services in the mode of the order free of hand in accordance with the Act of 29 January 2004. -Public procurement law.
Article 6g. [ Application of public procurement law] For invitations to tender referred to in Article 6d par. The Act of 29 January 2004 shall apply to the non-regulated extent in this Act. -Public procurement law.
Art. 6h. [ Fee for Municipal Waste Management] [ 4] Owners of the property referred to in art. 6c, they are obliged to pay for the municipality where their property is located, a charge for the management of municipal waste.
Art. 6i. [ Rise of the obligation to pay charges for municipal waste management] 1. The obligation to pay a fee for the management of municipal waste shall arise:
1) in the case of real estate referred to in art. 6c par. 1-for each month in which a resident resides in the property;
2) in the case of real estate referred to in art. 6c par. 2-for each month in which municipal waste is generated on the property in question.
2. Where a resident is resident for a part of a month in a given property, the charge for the management of municipal waste in the month in which the change occurs is paid in the municipality where he has resided, and in a new one. place of residence-from the next month to which the change occurred.
Article 6j. [ The calculation of the charge for municipal waste management] 1. In the case of immovable property referred to in art. 6c par. 1, the charge for the management of municipal waste is the product of:
1) the number of inhabitants inhabiting the property, or
2) the amount of consumed water from the given property, or
3) the surface of the dwelling
-and the rates of the levy established on the basis of the Article 6k ust. 1.
2. In the case of real estate referred to in art. 6c par. 1, the municipal council may enact one rate of charge for the management of municipal waste from the household.
2a. [ 5] The municipal council can differentiate the rates of the fee depending on the area of the dwelling, the number of inhabitants living in the property, the receipt of waste from the countryside or urban areas, and the type of construction.
3. In the case of real estate referred to in art. 6c par. 2, the charge for the management of municipal waste amounts to the product of the declared number of municipal waste containers arising on a given property and the rates of charge for the management of municipal waste referred to in art. 6k ust. 1 point 2.
3a. In the case of immovable property referred to in art. 6c par. 2, on which the hotel services are provided within the meaning of the Act of 29 August 1997. about tourist services (Dz. U. of 2014 items 196 and 822), it is permitted to charge the management of municipal waste as the product of the amount of water consumed from the property concerned and the rate of the charge for the management of municipal waste referred to in art. 6k ust. 1 point 1.
3b. In the case of property on which the holiday homes are located, or other properties used for recreation and leisure purposes, used only for part of the year, the municipal council shall adopt a lump sum fee for the management municipal waste for the year from the summer house or from other property used for leisure and leisure purposes.
3c. The flat rate of the fee shall be determined as the product of the average amount of waste arising on the immovable property referred to in paragraph. 3b, in the area of the municipality, expressed in the number of containers, and the rates of charge for the management of municipal waste referred to in art. 6k ust. 1 point 2.
4. In the case of real estate, which in part constitutes the property referred to in art. 6c par. 1, and in the part of the property referred to in art. 6c par. 2, the charge for the management of municipal waste amounts to the sum of the fees calculated in accordance with the paragraph. 1-3.
4a. In the case of operating in a part of the housing business, the business activity of the municipal waste management fee is paid in the real estate fee referred to in art. 6c par. 1.
5. In the case of immovable property referred to in paragraph. 4, the municipal council may adopt a resolution constituting an act of local law, under which it shall determine the method of calculation of the charge for the management of municipal waste in these properties in accordance with the paragraph. 1, 2 or 3, except where the method of calculation of the fee in accordance with paragraph is determined. 1 point 3 for the part of the property on which the activity is carried out shall take into account the area of use of the premises.
Article 6k. [ Uglory of the municipal council on charges for municipal waste management] 1. [ 6] Council of the municipality, by way of a resolution:
1) make a selection of the method of determining the charge for the management of municipal waste among the methods set out in art. 6j ust. 1 and 2 and fix the rate of such charge; more than one method of setting charges in the area of the municipality may be applied;
2) set the rate of the charge per container of specified capacity.
2. [ 7] The Municipal Council, specifying the rates of charge for the management of municipal waste, shall take into account:
1) the number of inhabitants inhabiting the municipality;
2) the amount of municipal waste generated in municipal waste;
3) the costs of functioning of the municipal waste management system referred to in art. 6r par. 2-2b and 2d;
4) cases where property owners produce irregularly, in particular the fact that in some real estate municipal waste is born seasonally.
2a. The municipal council shall set the rates of charges not higher than the maximum rates of charges, which for municipal waste collected and received selectively are for one month:
1) in the case of the method referred to in art. 6j ust. 1 point 1-2% of the average monthly disposable income per capita per capita of 1 person;
2) in the case of the method referred to in art. 6j ust. 1 point 2-0.7% of the average monthly disposable income per 1 person-per m 3 the water used;
3) in the case of the method referred to in art. 6j ust. 1 point 3-0.08% of the average monthly disposable income per 1 person total-per m 2 the area of the dwelling;
4) in the case of the method referred to in art. 6j ust. 2-5.6% of the average monthly disposable income per person in total-per household.
3. The municipal council will determine the higher rates of charge for the management of municipal waste, if municipal waste is not selectively collected and received, but not higher than the maximum rates of charges, which are twice the amount of the the maximum rate of the levy referred to in paragraph 2a for communal waste collected and collected selectively.
4. [ 8] The municipal council may, by way of a resolution, lay down, in whole or in part, a charge for the management of municipal waste, the owners of immovable property in which the residents are resident, in the part concerning households in which the income does not exceed the amount of the the entitlement to cash benefits from the social assistance referred to in Article 8 ust. 1 or 2 of the Act of 12 March 2004. of social assistance (Dz. U. of 2015 items 163, of late. zm.), or multi-clothing families referred to in the Act of 5 December 2014. o Card of a Large Family (Dz. U. Entry 1863 and from 2015. items 1359).
5. The President of the Central Statistical Office announces, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski" in the first quarter of each year the average monthly disposable income per 1 person in total for the previous year.
Article 6l. [ Uchwała municipalities concerning the term, frequency and mode of payment of the charge for municipal waste management] 1. The municipal council shall determine, taking into account the local conditions, by a resolution constituting the act of local law, the term, frequency and mode of payment of the fee for the management of municipal waste, including an indication of whether the fee is paid from the bottom or in advance.
2. The municipal council, by way of a resolution, may order the collection of a fee for the management of municipal waste by means of an insect and appoint an incassation and determine the amount of remuneration for the inkaso.
Art. 6m. [ Declaration on the amount of the charge for municipal waste management] 1. [ 9] The owner of the property is obliged to submit to the mayor, mayor or president of the city a declaration of the amount of charge for the management of municipal waste within 14 days from the date of residence on a given property of the first inhabitant or the uprisings on a given municipal waste property.
1a. The declaration contains the data necessary to determine the amount of the municipal waste management fee and the amount of the municipal waste management charge.
1b. The municipal council, specifying the model declaration, may require the following data:
1) the name and surname of the owner of the property and the address of the place of residence or establishment;
2) the address of the property;
3) data constituting the basis for exemption from the charge for the management of municipal waste;
4) the telephone number of the property owner;
5) the e-mail address of the owner of the property;
6) other information necessary for the issue of the executive title.
1c. In the case of a property built in a multi-room building, the housing community or the housing cooperative may require the owner of the premises, the person to whom the cooperative right to the premises or the person actually residing in the administration is used the data necessary to determine the amount of the municipal waste management fee.
1d. The amount of the obligation specified in the declaration of the amount of the municipal waste management fee shall be valid for the following months until the revision of the declaration or the change in the rate of charges for the management of municipal waste, subject to the Art. 6o.
2. In the case of a change of data that is the basis for determining the amount of charge due for the management of municipal waste or specified in the declaration of the volume of municipal waste arising on a given property, the owner of the property shall be obliged submit a new declaration within 14 days from the day of the change. The fee for the management of municipal waste in the amended amount shall be paid for the month in which the change occurred.
2a. In case of enactment of a new rate of charge for municipal waste management, the mayor, or the mayor of the city, shall notify the owner of the property of the amount of the charge for the management of municipal waste calculated as the product of the new rate the fees and data provided in the declaration. In such a case, the owner of the property shall not be obliged to submit a new declaration and pay a fee for the management of municipal waste in the amount specified in the notice.
2b. In the event that the owner of the property does not pay the charge for the management of municipal waste in the amount specified in the notice referred to in the paragraph. 2a, the mayor, or the mayor of the city, shall issue a decision determining the amount of the charge, applying the amount of the fee given in the notice.
3. Declarations of the amount of the fee for the management of municipal waste may be submitted by means of electronic means of communication. The authority referred to in paragraph 1. 1, or electronic box of the computerised system of the office of the municipality confirms, in the form of an electronic document, the submission of the declaration by means of electronic communication.
Article 6n. [ The model of declaration of charge for the management of municipal waste stored by property owners] 1. The municipal council, taking into account the need to ensure the correct calculation of the amount of the fee for the management of municipal waste and to facilitate the filing of declarations, will determine, by way of a resolution constituting the act of local law:
1) the model of the declaration of the amount of the charge for the management of municipal waste stored by the owners of the property, taking into account art. 6m ust. 1a and 1b, including explanations concerning the manner in which it is completed and the statement that the declaration forms the basis for the issue of the enforcing title; the resolution shall also include information on the time limits and the place of submission of the declaration;
2. the conditions and mode for submitting the declaration by means of electronic means of communication, in particular:
(a) their electronic format and the layout of the information and links between them in accordance with the rules on computerisation of the activities of public entities,
(b) how they are sent by means of electronic communication,
(c) the types of electronic signature to which they should bear.
2. The municipal council in the resolution referred to in the paragraph. 1, may determine the list of documents confirming the data included in the declaration of the amount of the municipal waste management fee.
Art. 6o. [ Determination of charge for municipal waste management] 1. In the event of failure of the declaration of the amount of the charge for the management of municipal waste or reasonable doubt as to the data contained in the declaration of the mayor, the mayor or president of the city shall determine, by decision, the amount of the fee for the management of municipal waste, taking into account available data relevant to the method chosen by the Council of the method and, in the absence thereof, a reasonable estimate, including in the case of immovable property, the average quantity of which is not resident in the population municipal waste arising from immovable property of a similar nature.
2. The fee for the management of municipal waste in the amount specified in the decision referred to in the paragraph. 1, shall be valid until the end of the month preceding the month in which the data necessary to determine the amount of the charge are changed.
3. After notification of the decision referred to in paragraph. 1, the submission of a declaration shall not be admissible if there is no change in the data necessary to determine the amount of that fee, including the rate of the fee.
4. The owner of the property against whom the decision referred to in the paragraph has been issued. 1, in the case of a change of data is required to make a declaration, this also applies to the case of a change in the rate of charge for the management of municipal waste.
Article 6p. (repealed).
Article 6q. [ Apply Tax Ordinance] 1. In cases concerning charges for the management of municipal waste, the provisions of the Act of 29 August 1997 apply. -Tax law, with the fact that the powers of the tax authorities are conferred on the mayor, mayor or president of the city, and in the case of a takeover by the inter-communal task of the municipality referred to in art. 3 para. 2, concerning the management of municipal waste, in the area of charges for the management of municipal waste, which constitute the income of the intercommunal association-the management board of the intercommunal association.
2. The amount of the charge for the management of municipal waste shall not be rounded up.
3. In the event of a correction of a declaration or a new declaration reducing the amount of the obligation for the charge for the management of municipal waste, there shall be no overpayment in this charge for the months in which the waste reception service communal was provided.
Art. 6qa. [ Enforcement authority] 1. The competent authority of the municipality to which the Article does not apply. 19 § 2 of the Act of 17 June 1966. on enforcement proceedings in the administration, may carry out administrative enforcement tasks related to the payment of charges for the management of municipal waste on the basis of an agreement with the Head of the Tax Office. The agreement may not relate to the execution of an execution of a real estate cash settlement.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the management board of the intercommunal relationship in the event of the acquisition by this association of the tasks of the municipality referred to in Art. 3 para. 2, in the area of municipal waste management.
3. [ 10] (repealed).
4. The enforcement authorities competent at the date of the initiation of enforcement proceedings shall remain appropriate until the termination of the proceedings.
Art. 6r. [ Usage by municipality of charges for municipal waste management] 1. The charge for the management of municipal waste amounts to the income of the municipality.
1a. In the case of takeover by the intercommunal association, the tasks of the municipality referred to in art. 3 para. 2 with regard to the management of municipal waste, the charges for the management of municipal waste constitute the income of the intercommunal relationship in whole or in part according to the extent of the tasks taken over.
1aa. The funds of the municipal waste management fee may not be used for purposes not related to covering the costs of the municipal waste management system.
1b. (repealed).
2. From the collected fees for the management of municipal waste, the municipality covers the costs of functioning of the municipal waste management system, which include the costs:
1) receiving, transporting, collecting, recovering and disposing of municipal waste;
2) the creation and maintenance of the points of selective collection of municipal waste;
3) support of the administrative system of the system;
4) ecological education in the area of proper handling of municipal waste.
2a. The municipal waste management fees collected may cover the costs of the equipment in the containers or bags for the collection of municipal waste and the costs of maintaining the containers in an appropriate sanitary state, and technical.
2b. From the collected fees for the management of municipal waste, the municipality can cover the costs of disposal of municipal waste from places not intended for storage and storage within the meaning of the Act of 14 December 2012. Waste.
2c. The funds deriving from the charge for the management of municipal waste, which have not been used in the previous financial year, may also be used for equipment, according to the rules of procedure, of real estate intended for public use in containers intended for the collection of municipal waste, their emptying and maintenance in the appropriate sanitary, ordinal and technical condition.
2d. In exchange for the collected municipal waste management fee, the municipality provides property owners to dispose of all types of municipal waste, and this is understood by the receipt of waste from the property area, of which Article 6c par. 1 and 2, the collection of waste by the points of selective collection of municipal waste and the provision of the reception of such waste by the municipality in other ways.
3. The municipal council will determine, by way of a resolution constituting the act of local law, the detailed manner and scope of the provision of services in the area of receiving municipal waste from the owners of the property and the management of such waste, in return for the payment by the owner of the property charge for the management of municipal waste, in particular the frequency of receiving municipal waste from the owner of the property and the way of providing services by the points of selective collection of municipal waste.
3a. In the resolution referred to in paragraph 1. 3, it is permissible to limit the amount of green waste, used tyres, large-size waste and construction and demolition waste constituting municipal waste received or taken by selective municipal waste collection points from the owners of the property in exchange for a levied charge for the management of municipal waste.
(b) differentiation in the frequency of collection of waste, in particular, depending on the quantity of waste generated and the types of waste, including the frequency of receiving mixed municipal waste in the period from April to October, and Municipal waste biowaste must not be less frequent than once a week from multi-room buildings and not less than once every two weeks from a single-family building; in the case of rural municipalities and rural parts of rural municipalities the frequency of collection of mixed municipal waste and bio-waste communal may be less frequent.
3c. The draft resolution referred to in paragraph 1. 3, shall be subject to an opinion by the State District Sanitary Inspector concerning the frequency of receiving municipal waste.
3d. The Uchwała referred to in the mouth. 3, also specifies the mode and manner of reporting by property owners of cases of improper provision of services by an entrepreneur receiving municipal waste from property owners or by the presenter of a selective collection point municipal waste.
4. The municipal council may determine, by way of a resolution constituting the act of local law, the types of additional services provided by the municipality in the area of receiving municipal waste from the owners of the property and the management of these wastes, way of them the benefits and the prices for those services.
Art. 6s. [ Non-compulsory municipal waste disposal by municipality] In the case where the municipality does not implement the obligation to receive municipal waste from the owners of the property, the owner of the property is obliged to transfer municipal waste, at the expense of the municipality, to the recipient of municipal waste from property owners, entered in the register of regulated activities referred to in art. 9b ust. 2.
Chapter 4
Conditions for granting authorisations for the provision of services
Article 7. [ Requirement of authorisation] 1. To conduct business by entrepreneurs in the scope of:
1) (repealed),
2) the emptying of the ineffluent tanks and the transport of liquid impurities,
3) protection against homeless animals,
4) the pursuit of shelters for homeless animals, as well as the radiators and incineration plants of animal carcases and their parts
-a permit is required.
2. (repealed).
3. The municipal council will determine, by way of a resolution, the requirements to be met by an entrepreneur seeking authorisation, referred to in the paragraph. 1 points 3 and 4.
(3a) the Council of the municipality shall determine, by way of a resolution constituting the act of local law, the requirements to be met by an undertaking seeking authorisation, as referred to in paragraph 1. 1 point 2, taking into account the description of the technical equipment necessary for carrying out the tasks.
4. (repealed).
5. Gminne organisational units operating in the area of own municipality of activity referred to in the paragraph. 1, in accordance with the rules laid down by law, shall not be required to obtain the authorisations referred to in paragraph 1. 1, but they must fulfil the conditions required for granting such authorisations.
6. The permit referred to in paragraph. 1, grant, by decision, the mayor, or the mayor of the city due to the place of supply of services.
6a. To the permits for the pursuit of business activities within the scope referred to in paragraph. 1, the provision of Article 1 shall not apply. 11 (1) 9 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2013 r. items 672, of late. zm.).
6b. The mayor, the mayor or president of the city shall keep in electronic form the records of the granted and withdrawn authorisations referred to in paragraph. 1.
7. The Minister responsible for the environment, guided by the need to ensure maximum safety for the environment and residents and to harmonise the criteria for issuing the permits referred to in paragraph 1. Article 1 (2) shall specify, by means of a regulation, a detailed means of determining the requirements referred to in paragraph 1. 3a.
Article 8. [ Application for authorisation] 1. The application for authorisation shall include:
1. the name and address of the trader applying for the authorisation, and his tax identification number (NIP), of the name and address of the undertaking seeking authorisation;
2) determining the subject matter and area of activity;
3. determination of the technical means at the disposal of the applicant for the operation of the activity covered by the application;
4. information on the technologies used or intended to be used for the provision of services in respect of the activities covered by the application;
5) the proposed environmental protection and sanitary protection treatments planned after the end of the activity;
6) determination of the time limit for taking the activity covered by the application and the intended time of its conduct.
1a. The entrepreneur's application is obliged to include a certificate or a statement about the absence of tax arrears and arrears in payment of contributions to health or social insurance.
1b. The statement referred to in paragraph 1. 1a, consists of a rigorous criminal liability for making false statements. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.
2. (repealed).
2a. An entrepreneur seeking only permission to empty tanks and transport of liquid impurities should document the readiness of receiving them through a water catchment station.
2b. (repealed).
3. (repealed).
4. (repealed).
5. Wójt, the mayor or president of the city shall make available in electronic form on the websites of the municipal office or the city of the model of the application for authorisation.
Art. 8a. [ Decision on the issue of the authorisation] 1. Prior to the decision on the issue of the permission of the mayor, the mayor or president of the city may:
1) call on the entrepreneur to supplement, within the prescribed period, however, not less than 14 days, missing documentation certifying that the entrepreneur meets the conditions laid down by the law, required for the performance of the covered activities the authorisation;
2) check the facts provided in the application for authorisation in order to determine whether the trader fulfils the conditions for the performance of the authorised activity.
2. The entrepreneur is obliged to immediately report to the mayor, the mayor or the president of the city any changes to the data specified in the permit.
3. The refusal to issue the permit, its modification and withdrawal of the permit shall be made by the decision of the mayor, mayor or president of the city.
Article 8b. (repealed).
Article 9. [ Permit Content] 1. The permit should specify:
1. the name and address of the trader;
2) the subject matter and area of activity covered by the permit;
(3) the date of establishment;
4) the requirements for the quality of the services covered by the authorisation;
5) the necessary environmental protection and sanitary protection treatments required after the termination of the activity covered by the permit;
6) other specific requirements resulting from separate provisions, including the requirements for the sanitary standard of the performance of services, environmental protection and the obligation to conduct the relevant documentation of the activity covered by the permit.
1a. (repealed).
1aa. The permit for emptying of non-drainage tanks and the transport of liquid impurities should also specify the water catchment stations.
(1b) The authorisation shall be issued for a period of not more than 10 years.
1c. The competent authority shall refuse to grant the authorisation referred to in Article 3. 7 ust. 1, if the intended way of management of waste or liquid impurities:
1) is inconsistent with the requirements of the Act and separate regulations;
2) could pose a threat to the life or health of people or the environment;
3. (repealed);
4) the entrepreneur has tax arrears or arrears in paying contributions to health insurance or social insurance.
2. If an entrepreneur who has obtained a permit does not fulfil the conditions specified therein, the authority which issued the permit shall call upon him to immediately cease to violate those conditions. If the trader nonetheless continues to violate these conditions, the body shall revoke, by decision, the authorisation without compensation.
3. The extinguishing or withdrawal of an authorisation shall not relieve the operator of the performance specified in the authorisation of obligations relating to the sanitary and environmental requirements.
4. The authority which issues the authorisation shall determine, by decision, the scope and manner of the performance of the duties referred to in paragraph 1. 3.
Art. 9a. (repealed).
Chapter 4a
Conditions for the performance of municipal waste reception and management activities
Article 9b. [ Register of regulated activities in the area of receiving municipal waste from property owners] 1. The activity of receiving municipal waste from the owners of the property is a regulated activity within the meaning of the Act of 2 July 2004. about the freedom of economic activity.
2. The register of regulated activities in the area of receiving municipal waste from property owners, hereinafter referred to as the "register", runs the mayor, mayor or president of the city competent due to the place of receiving municipal waste from the owners property.
3. The register shall be carried out in the form of a database stored on IT data carriers within the meaning of art. 3 point 1 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235), which may be part of other environmental data bases, including waste management.
4. The register shall include:
1) the company, the designation of the premises and the address or name, the name and address of the entrepreneur
2) the tax identification number (NIP);
(3) REGON identification number, if the trader has such a number;
4) determination of the type of municipal waste received;
5. the registration number.
Art. 9c. [ Entry to register] 1. An entrepreneur receiving municipal waste from property owners is obliged to obtain an entry in the register in the municipality, on the territory of which he intends to receive municipal waste from the owners of the property.
1a. It does not require that the register should be entered in the register of selective collection of municipal waste. The operator of such a point shall be the holder of the waste, within the meaning of the Act of 14 December 2012. waste, which is a waste collection.
2. The entry in the register and the change of entry in the register shall be made at the written request of the entrepreneur.
3. An application for entry in the register should contain:
1) the company, the designation of the premises and the address or name, the name and address of the entrepreneur
2) the tax identification number (NIP);
(3) REGON identification number, if the trader has such a number;
4) determination of the type of municipal waste received.
4. The application for entry in the register shall be accompanied by proof of payment of the stamp duty and a declaration of compliance with the conditions required for the performance of municipal waste collection activities from the owners of the property with the following content:
" I declare that:
1) the data contained in the application for entry in the register of regulated activities in the area of receiving municipal waste from the owners of the property are complete and truthful;
2) I am known to me and meet the conditions for the exercise of the activity of receiving municipal waste from property owners, set out in the Act of 13 September 1996. keeping cleanliness and order in the municipalities (Dz. U. of 2013 r. items 1399). '
5. The statement referred to in paragraph 1. 4, it shall also include:
1) the company, the designation of the premises and the address or name, the name and address of the entrepreneur
2) the designation of the place and the date of the declaration;
3) the signature of the entrepreneur or the person entitled to represent the entrepreneur with an indication of the name and the name and function.
6. The entry shall be made when the data in the register is posted.
7. Wójt, the mayor or president of the city, by making an entry in the register, gives the entrepreneur the registration number.
8. The mayor, the mayor or president of the city processes the data entered in the register and ensures the security of this data.
9. Wójt, mayor or president of the city shall transmit to the Marshal of the voivodship a list of the entities entered in a given year to the register of regulated activities in the area of receiving municipal waste from the owners of the property and drawn from it a register containing the data referred to in Article 9b ust. 4.
10. The list referred to in paragraph 1. 9, shall be forwarded by the end of January of the following year after the period covered by the list.
Art. 9d. [ Disposal requirements for municipal waste] 1. The entity collecting municipal waste from property owners shall be obliged to meet the following requirements:
1) the possession of equipment permitting the collection of municipal waste from the owners of the property and to ensure its appropriate technical condition;
2) to maintain adequate sanitary condition of vehicles and facilities for receiving municipal waste from property owners;
3) meet the technical requirements for the equipment of vehicles for receiving municipal waste from the owners of the property;
4) ensure adequate location and equipment of the storage and transport base.
2. The Minister responsible for the environment in agreement with the Minister responsible for the economy shall determine, by means of a regulation, the detailed requirements referred to in paragraph 1. 1, guided by the need to unify the requirements for receiving municipal waste from the owners of the property and the management of such waste.
Art. 9e. [ Obligations of communal waste entity] 1. The entity receiving municipal waste from property owners shall be obliged to transfer received from property owners:
1. selectively collected municipal waste, either directly or through another waste collector for the recovery or disposal facility, in accordance with the hierarchy of waste management practices referred to in Article 3 (1) of the EC Regulation. 17 of the Act of 14 December 2012. Of waste;
2) mixed municipal waste and green waste directly to a regional installation for the treatment of municipal waste.
(1a) The transfer of mixed municipal waste to a trans-regional plant for the treatment of municipal waste referred to in Article 1 shall be allowed. 35 par. 6a of the Act of 14 December 2012. Waste.
(1b) The transfer of mixed municipal waste necessary for the deployment of the installation to the waste incineration plant as defined in the voivodship plan of waste as a regional installation for the treatment of municipal waste, or as a trans-regional installation for the processing of municipal waste, before taking into account this installation in the resolution on the implementation of the voivodship plan of waste management.
1c. The transfer of mixed municipal waste and/or green waste through the transhipment station referred to in Article 1 shall be authorised. 23 (1) 10 of the Act of 14 December 2012. Waste.
2. The mixing of selectively collected municipal waste with mixed municipal waste collected from property owners and selectively collected municipal waste of different types with each other is prohibited.
Art. 9ea. [ Obligations of the subject of a selective collection of municipal waste] The operator of the selective municipal waste collection point shall be obliged to:
1. forwarding directly or through another collector of waste accepted from property owners of selectively collected municipal waste for the installation of recovery or disposal of waste, in accordance with the hierarchy of the ways to proceed with the waste referred to in art. 17 of the Act of 14 December 2012. Of waste;
2) transfers accepted from property owners of green waste directly to a regional installation for the treatment of municipal waste.
Art. 9f. [ Failure by the owner of the property to collect municipal waste selectively] In the event of the owner's failure to comply with the obligation to collect municipal waste selectively, the operator receiving municipal waste shall take them as mixed municipal waste and notify the municipality accordingly.
Art. 9g. [ Obligations of the entity receiving municipal waste not acting on the basis of the contract] The entity receiving municipal waste from property owners, which does not act on the basis of the contract referred to in art. 6f ust. 1, and does not provide such a service in the free-hand order mode, referred to in art. 6f ust. 2, is required to achieve in a given calendar year in relation to the weight of municipal waste they receive, the preparation for re-use and recovery of other methods and the reduction of municipal waste biodegradable for storage, as defined by the legislation issued on the basis of art. 3b (b) 2 and Art. 3c ust. 2.
Art. 9h. [ Entries specified in the account issued by the collector receiving the municipal waste] The entity receiving municipal waste from property owners, which does not act on the basis of the contract referred to in art. 6f ust. 1, and does not provide such a service in the free-hand order mode, referred to in art. 6f ust. 2, it is obliged to transfer to the owners of the property from whom it receives municipal waste, the account in which the costs of receiving and handling municipal waste are specified.
Art. 9i. [ Termination of activity of receiving municipal waste] In the event of the termination of the activity of receiving municipal waste, the entrepreneur receiving municipal waste from the owners of the property is obliged to submit to the competent mayor, mayor or president of the city, within 14 days of on the day of permanent cessation of the exercise of this activity, a request for deletion from the register.
Art. 9j. [ Strikethrough from the register] 1. The deletion of the register shall take place in the cases referred to in art. 71 (1) 1 of the Act of 2 July 2004. about the freedom of economic activity.
2. The removal from the register shall also be made where:
1) a final decision has been issued to prohibit an entrepreneur from performing an economic activity covered by the entry;
2) a permanent cessation of performance by the entrepreneur of economic activity in the territory of the municipality covered by the alert has been established;
3) it was found that the trader did not meet the requirements specified for the entity receiving municipal waste from the owners of the property;
4) it was found that the entrepreneur for the second time transfers mixed municipal waste or green waste to installations other than regional installations for the treatment of municipal waste, subject to art. 9e ust. 1a-1c and art. 9l par. 2;
5) an entrepreneur who does not act on the basis of the contract referred to in art. 6f ust. 1, and does not provide the service of receiving municipal waste in the mode of the free-hand order, referred to in art. 6f ust. 2, in the following calendar year it has not reached the levels of recycling, preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transferred to storage, as defined in the legislation issued on the basis of art. 3b (b) 2 and Art. 3c ust. 2.
3. Strikethrough from the register in the cases referred to in the paragraph. 2 points 2 to 5 shall be made by decision.
Art. 9k. [ Prohibition of activity by municipal business unit receiving municipal waste] Where it was found that a municipal organization unit receiving municipal waste from the owners of the property:
1) does not meet the requirements specified for the operator receiving municipal waste from the owners of the property,
2) for the second time transfer mixed municipal waste or green waste to installations other than regional installations for the treatment of municipal waste, subject to art. 9e ust. 1a-1c and art. 9l par. 2;
3) has not achieved in the following calendar year the levels of recycling, preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable communal waste provided for storage, specified in the legislation issued on the basis of art. 3b (b) 2 and Art. 3c ust. 2
-the provincial environmental inspector prohibits, by means of a decision, the exercise by that entity of activities in the collection of municipal waste from the owners of the property for a period of 3 years.
Art. 9l. [ Obligations for the regional installation for the treatment of municipal waste] 1. The operator of a regional plant for the treatment of municipal waste, within the limits of the available capacity, is obliged to conclude a contract for the development of mixed municipal waste and green waste with all entities receiving municipal waste from property owners, who carry out their activities within the region of municipal waste management or with the municipality organising receiving municipal waste, which is part of the waste management region communal.
2. In the event of a failure of a regional installation for the treatment of municipal waste or in other cases referred to in art. 38 par. 2 point 2 of the Act of 14 December 2012. of waste, preventing the reception of mixed municipal waste or of green waste from landlords receiving municipal waste from property owners, these waste shall be transferred to installations intended for the replacement of such waste. the region, indicated in the resolution on the implementation of the voivodship plan of waste management.
3. The operator of the installation for the treatment of municipal waste, which has been designated as an installation intended for the replacement operation of the region, shall be obliged to accept the waste transferred to that installation. The provisions of the paragraph 1 shall apply.
4. The provisions of the paragraph. 1-3 shall apply to green waste collected by the centre of the selective collection of municipal waste.
Art. 9m. [ Calculation of management costs of mixed municipal waste] The operator of the regional plant for the treatment of municipal waste is required, at the request of the municipality or the receiving facility from the owners of the property, to present a calculation of the management costs of the mixed waste communal waste, green waste and municipal waste sorting residues, within 7 days from the date of the deposit.
Chapter 4b
Reporting and analysis
Art. 9n. [ Semi-annual report of receiving municipal waste] 1. The entity receiving municipal waste from property owners shall be obliged to draw up half-yearly reports.
2. The report shall be given to the mayor, mayor or president of the city by the end of the month following the expiration of the half-year to which it relates.
3. The report shall contain information on the mass:
1) the individual types of municipal waste received, including biodegradable waste, and the manner in which they are managed, together with an indication of the installations to which the municipal waste received from the owners of the property has been transferred;
2) residues from the sorting and residues from mechanical biological processing intended for storage resulting from municipal waste received from the municipal waste facility;
3) waste paper, metals, plastics and glass prepared for re-use and recycled;
4) construction and demolition waste, which is municipal waste, prepared for reuse, recycled and other recovery processes.
4. The entity receiving municipal waste from property owners, which does not act on the basis of the contract referred to in art. 6f ust. 1, and does not provide such a service in the free-hand order mode, referred to in art. 6f ust. 2, the report shall also include information on the levels of recycling achieved, the preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transmitted to the storage in the last report submitted for the year in question.
5. The subject referred to in paragraph 1. 4, the report gives the number of owners of the property from whom it received municipal waste, and attaching to the report a list of property owners with whom the report concluded contracts for receiving municipal waste during the period covered by the report, and the list of those owners of the property with which they have been terminated or have expired. The lists shall include the name and address of the owner of the property, the address of the property and, in the event of termination of the contract, the information to which the contract was in force.
6. The subject referred to in paragraph 1. 1, which in a given half-year has not received municipal waste from property owners within a given municipality, shall, within the period referred to in paragraph 1, communicate to the mayor, the mayor or the president of the city. 2, zeros report.
Article 9a. [ Obligations of the subject of a selective collection of municipal waste] [ 11] 1. The subject of a selective collection point of municipal waste, excluding the municipality, shall be obliged to draw up annual reports.
2. The report shall be transferred to the mayor, mayor or president of the city by 31 January for the previous calendar year.
3. The report shall contain information on the mass:
1) the individual types of municipal waste collected, including the biodegradable waste, and the manner in which they are managed, together with an indication of the installations to which the municipal waste collected has been transmitted;
(2) residues from sorting intended for storage from municipal waste-collected waste;
3) waste paper, metals, plastics and glass prepared for re-use and for recycling, arising from the municipal waste disposal facility;
4) construction and demolition waste which is municipal waste prepared for re-use, recycled and other recovery processes arising from the municipal waste collection.
Art. 9o. [ The quarterly report of the operator for the discharge of the non-flow-free tanks] 1. The operator of the activity in the field of emptying of non-drainage tanks and the transport of liquid impurities shall be required for the compilation of quarterly reports.
2. The report shall be transferred to the mayor, mayor or president of the city by the end of the month following the quarter concerned.
3. The report shall contain:
1) information on the quantity and type of liquid uncleanness received from the area of the given municipality;
2) information on the ways of handling liquid uncleanness, together with an indication of the water catchment station to which the received liquid uncleanness was transmitted;
3) the number of owners of the property, from whom the liquid uncleanness was received.
4. The subject referred to in paragraph 1. 1, shall attach to the report a list of property owners with whom, during the period covered by the report, contracts for the emptying of non-drainage tanks and the transport of liquid impurities have been concluded, and the list of owners of the property with which those contracts have been subdued the solution or expired. The lists shall include the name and address of the owner of the property as well as the address of the property.
Art. 9oa. [ Obligations of the operator of a regional plant for the treatment of municipal waste and the installation provided for the replacement service of the region] 1. The operator of a regional plant for the treatment of municipal waste and the installation provided for the replacement service of the region shall be obliged to transfer to the recipient the municipal waste from the owners of the property or the municipality, with whom has concluded contracts, information on the waste, transferred to it by the trader or municipality, which has given the process of preparation for re-use, recycling or transfer to another of the waste holder for this purpose.
2. Information on waste from municipal waste from the area of a given municipality shall contain data on:
1. the types and weights of waste paper, metals, plastics and glass recycled and prepared for re-use or transferred to another waste-holder for this purpose, together with an indication of the recovery process to which the waste has been decelerated;
(2) the types and weights of construction and demolition wastes which constitute municipal waste prepared for reuse, recycled and other forms of recovery or transferred to another waste holder for this purpose, together with the an indication of the recovery process to which the waste has been subject;
3) the mass produced and subjected to the storage of the residue from the sorting and residues from the mechanical-biological treatment of municipal waste.
3. Information on the mass of municipal waste recycled, prepared for reuse and recovered may be reported as the product of the average percentage of the rate achieved in the installation concerned, respectively for:
1) recycling, or
2) preparation for re-use, or
3) recovery
-and the total mass of municipal waste provided by the municipality.
4. Information on the mass of residues from the sorting and residues from the mechanical biological treatment of municipal waste treated may be given as the product of the average percentage of the rate achieved in the given installation for subject to the following storage:
1) residues from the sorting of municipal waste, or
2) residues from mechanical-biological treatment of municipal waste
-and the total mass of municipal waste provided by the municipality.
5. The operator of the regional plant for the treatment of municipal waste and the installation provided for replacement service of the region shall communicate the information on the waste which has given the process of preparation for re-use, recycling or recovery of others by methods or forwarded to another waste holder for this purpose:
1. an entrepreneur receiving municipal waste from property owners twice a year: for the first half of the year-by 15 July and for the second half-year-by-15 January;
2) a municipality once a year-by the deadline of 15 January for the previous calendar year.
6. The Minister responsible for the environment may determine, by means of a regulation, the model of the information referred to in paragraph 1. 1, by directing the need to unify the data contained therein.
Art. 9p. [ Verification of reports of entities operating in the field of municipal waste management] 1. In order to verify the data contained in the report referred to in art. 9n ust. 1, art. 9na ust. 1 or Art. 9o ust. 1, mayor, mayor or president of the city may oblige an entity receiving municipal waste from property owners, an entity operating in the field of emptying of non-tidal tanks and the transport of liquid impurities, presenter regional installation for the treatment of municipal waste, the operator of the facility provided for the replacement of the region or other waste holder for the presentation of documents drawn up for the purposes of the records of waste and of documents confirming the achievement of specified levels of recycling, preparation for the re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transferred into storage.
2. In the event that the report is made unfairly, the mayor, mayor or president of the city shall call upon the person who forwarded the report to complete or correct the report within a period of 14 days.
Art. 9q. [ Annual report of the mayor, mayor or president of the city from the implementation of the tasks of municipal waste management] 1. Wójt, the mayor or president of the city is required to draw up an annual report on the implementation of tasks in the field of municipal waste management.
2. The report shall be given to the marshal of the voivodship and the provincial environmental inspectorate by 31 March of the year following the year to which it relates.
3. The report shall contain:
1) information on the mass of particular types received from the municipality of municipal waste, including the received biodegradable waste, and the manner of their development, together with an indication of the installations to which the waste was transferred municipals received from property owners;
2) information on the municipality's premises of the selective collection of municipal waste, the mass of the waste collected in them, and the manner in which they are managed, together with an indication of the installations to which the collected municipal waste has been transmitted;
3) information on the mass of the residue from the sorting and residues from the mechanical-biological processing, intended for storage generated from the received and collected from the municipal waste municipal area;
4) information on the levels of recycling achieved, the preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transferred into storage;
5) the number of property owners from whom municipal waste was collected.
4. Failure to submit a report shall be tantamount to the failure to comply with the obligations referred to in Article 4. 3b and Article 3c.
5. [ 12] The report shall be forwarded to the Marshal of the voivodship through the database of products and packages and on waste management.
Art. 9r. [ Verification of the annual report of the mayor, mayor or president of the city] 1. Marshal of the voivodship and the voivodship of the environmental protection supervisor shall verify the data contained in the report referred to in art. 9q ust. 1.
2. Where the report referred to in Article 9q ust. 1, shall be prepared unfairly, the Marshal of the voivodship shall call on the mayor, the mayor or the president of the city who passed the report, to his/her supplement or correction within 30 days, and in the case when it is the second or subsequent call-in 14 days.
Art. 9s. [ Annual Report of the Marshal of the Voivodship with the Implementation of Tasks in the Scope of Municipal Waste Management] 1. Marshal of the voivodship shall be obliged to draw up an annual report on the implementation of tasks in the field of municipal waste management.
2. The report shall be forwarded to the Minister for the Environment by 15 July of the year following the year to which it relates.
3. The report shall contain:
1) information about the mass of particular types received from the area of the voivodship of municipal waste, including the received biodegradable waste, and the way of their development, together with an indication of the installations to which they were transferred municipal waste received from property owners;
2) information about the provincial waste collection centres operating on the territory of the municipal waste;
3) information on the mass of the residue from the sorting and residues from the mechanical-biological processing, intended for storage generated from the received and collected from the municipal waste water area;
4) information about the municipalities reached from the territory of the voivodship levels of recycling, preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transferred to the storage;
5) the number of property owners from whom municipal waste was collected.
4. Where the report is made unfairly, the minister responsible for the environment calls on the Marshal of the voivodship who has submitted the report, to his/her replenishness or correction within 30 days.
5. [ 13] The report shall be transmitted to the Minister for the Environment through the Product Data and Packaging Database and the waste management.
Art. 9t. [ Delegation] The Minister responsible for the environment shall determine, by means of a regulation, the models of the reports referred to in Article 4. 9n ust. 1, art. 9na ust. 1, art. 9o ust. 1, art. 9q ust. 1 and Art. 9s ust. 1, guided by the need to standardise the reports and the need to ensure effective control in the maintenance of cleanliness and order in the municipalities.
Art. 9ta. [ Preservation of time limits for the submission of declarations of charge for the management of municipal waste and reports] Time limits for the submission of a declaration of the amount of the fee for the management of municipal waste and the reports referred to in Article 9n ust. 1, art. 9na ust. 1, art. 9o ust. 1, art. 9q ust. 1 and Art. 9s ust. 1, shall be deemed to have been retained if, before the expiry of the statement or report, the following:
1) granted in the Polish postal facility of the operator designated within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. Entry 1529) or
2) sent in the form of an electronic document to the competent mayor, mayor or president of the city, the Marshal of the voivodship and the minister competent for the environment, and the broadcaster received an official reception certificate.
Art. 9tb. [ Analysis of the state of municipal waste management] 1. On the basis of reports submitted by entities receiving municipal waste from property owners, entities carrying out points of selective collection of municipal waste and the annual report on the implementation of the tasks of management municipal waste and other data available that affect the costs of the municipal waste management system, the mayor or president of the city shall draw up an analysis of the state of the municipal waste management, including in particular:
1) the possibility of processing mixed municipal waste, green waste and residues from the sorting and residues from the mechanical-biological treatment of municipal waste destined for storage;
2) investment needs related to the management of municipal waste;
3) the costs incurred in connection with the collection, recovery, recycling and disposal of municipal waste;
4) the number of inhabitants;
5) the number of owners of the property who have not entered into the contract referred to in art. 6 para. 1, on behalf of which the municipality should take the measures referred to in art. 6 para. 6-12;
6) the amount of municipal waste produced on the territory of the municipality;
7) the amount of mixed municipal waste, green waste received from the municipality and resulting from the treatment of municipal waste residues from the sorting and residues from the mechanical-biological treatment of municipal waste intended for storage.
2. The analysis of the state of municipal waste management shall be drawn up by 30 April for the previous calendar year.
3. Analysis of the state of municipal waste management is subject to public access on the subjective page of the Public Information Bulletin of the Municipal Office.
Chapter 4c
Audit
Art. 9u. [ Control of the mayor, mayor or president of the city over compliance and application of the provisions of the Act] 1. Wójt, the mayor or president of the city shall exercise control of compliance and application of the provisions of the Act.
2. The control referred to in paragraph 2. 1, the provisions of Article 1 shall apply. 379 i art. 380 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2013 r. items 1232 and 1238).
Art. 9v. [ Police assistance in performing control activities] 1. Genocide, mayor or president of the city may request the competent local police commandant for assistance, if necessary for carrying out the control.
2. At the request of the mayor, mayor or president of the city, the local police chief shall be obliged to provide control of the assistance of the Police in the course of carrying out the control activities.
Art. 9w. [ Control of the Marshal of the voivodship working on a regional installation for the treatment of waste] 1. Marshal of the voivodship shall exercise control over the operator of the regional plant for the treatment of municipal waste in the reception of mixed municipal waste, green waste and residues from the sorting of municipal waste intended for storage.
2. The control referred to in paragraph 2. 1, the provisions of Article 1 shall apply. 379 i art. 380 of the Act of 27 April 2001. -Environmental law.
Chapter 4d
Penalty payments
Article 9x. [ Cash penalties for the recipient of municipal waste for failure to comply with obligations] 1. An entrepreneur receiving municipal waste from property owners, who:
1) receive municipal waste without the required entry in the register of regulated activities referred to in art. 9b ust. 2-subject to a monetary penalty of PLN 5,000 for the first month of operating without the required entry in the register and 10 000 PLN for each subsequent month of operating without the required entry in the register;
2) mixes selectively collected municipal waste with mixed municipal waste or selectively collected waste of various types with each other-subject to a monetary penalty in the amount of between 10 000 PLN and 50 000 zł;
3) does not transmit, subject to art. 9e ust. 1a-1c, received from landlords of mixed municipal waste and green waste into a regional municipal waste treatment plant or in the cases referred to in Article 38 par. 2 point 2 of the Act of 14 December 2012. of the waste, for the installations provided for the replacement service of this region-is subject to a penalty payment of between PLN 500 and 2000 PLN for the first disclosed case;
4) provide the unreliable report referred to in art. 9n-is subject to the penalty payment of PLN 200 to PLN 500, if the report is supplemented or amended within 14 days from the date of service of the call referred to in art. 9p ust. 2, and in the case of non-application of the call from PLN 500 to PLN 5000;
5) [ 14] forward the report referred to in Article after the deadline. 9n-is subject to a monetary penalty of PLN 100 for each day of delay, no more than for 365 days.
2. An entrepreneur receiving municipal waste from property owners, who does not act on the basis of the contract referred to in art. 6f ust. 1, and does not provide such a service in the free-hand order mode, referred to in art. 6f ust. 2, and which does not exercise the obligation laid down in Article. 9g-is punishable by the monetary penalty, calculated separately for the required level:
1) recycling, preparation for re-use and recovery of other methods;
2) the reduction of the mass of biodegradable communal waste transferred into storage.
3. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 1. 2, shall be calculated as the product of the unit fee rate for the placement of unsorted (mixed) municipal waste in the landfill, specified in the provisions issued on the basis of art. 290 (1) 2 of the Act of 27 April 2001. -Environmental law, and the missing mass of municipal waste expressed in Mg, required to achieve the appropriate level of recycling, preparation for re-use and recovery of other methods or reduction of the mass of communal waste biodegradability which is transferred for storage.
Art. 9xa. [ Penalties for failure to comply with obligations for the facility for the selective collection of municipal waste] Operator of the selective collection point for municipal waste, which shall transmit:
1. green waste for installation other than a regional installation for the treatment of municipal waste, or in the cases referred to in Article 38 par. 2 point 2 of the Act of 14 December 2012. the waste, for installation other than for replacement service of the region, shall be subject to a penalty payment of 500 PLN for each Mg of transferred green waste;
2) provide the unreliable report referred to in art. 9na-is subject to the penalty payment of PLN 200 to PLN 500, if the report is supplemented or amended within 14 days from the date of service of the call referred to in art. 9p ust. 2, and in the case of non-application of the call from PLN 500 to PLN 5000;
3) [ 15] after the deadline, the report referred to in Article 9na-is subject to a penalty payment of 100 PLN for each day of delay, no more than for 365 days.
Art. 9xb. [ Penalty related to unreliable or submitted after the date of the report] [ 16] Entity operating in the field of emptying of non-drainage tanks and of the transport of liquid impurities which:
1) provide the unreliable report referred to in art. 9o-is subject to the penalty payment of PLN 200 to PLN 500, if the report is supplemented or amended within 14 days from the date of service of the call referred to in art. 9p ust. 2, and in the case of non-application of the call from PLN 500 to PLN 5000;
2. shall report the report referred to in Article after the deadline. 9o-is subject to a monetary penalty of PLN 100 for each day of delay, no more than for 365 days.
Art. 9y. [ Money penalties threatening the municipal business unit for failure to comply with the obligations] 1. Gminna organizational unit, which:
1) receive municipal waste despite the ban on the activity referred to in art. 9k-is subject to a monetary penalty of PLN 5,000 for the first month of operating despite the ban and PLN 10 000 for each subsequent month of performing activities despite the ban;
2) mixes selectively collected municipal waste with mixed municipal waste or selectively collected waste of various types with each other-subject to a monetary penalty in the amount of between 10 000 PLN and 50 000 zł;
3) does not transmit, subject to art. 9e ust. 1a-1c, received from landlords of mixed municipal waste and green waste into a regional municipal waste treatment plant or in the cases referred to in Article 38 par. 2 point 2 of the Act of 14 December 2012. of the waste, for the installations provided for the replacement service of this region-is subject to a penalty payment of between PLN 500 and 2000 PLN for the first disclosed case;
4) provide the unreliable report referred to in art. 9n-is subject to the penalty payment of PLN 200 to PLN 500, if the report is supplemented or amended within 14 days from the date of service of the call referred to in art. 9p ust. 2, and in the case of non-application of the call from PLN 500 to PLN 5000;
5) [ 17] forward the report referred to in Article after the deadline. 9n-is subject to a monetary penalty of PLN 100 for each day of delay, no more than for 365 days.
2. The Gminna organizational unit receiving municipal waste from property owners, which does not perform the obligation specified in Art. 9g-is punishable by the monetary penalty, calculated separately for the required level:
1) recycling, preparation for re-use and recovery of other methods;
2) the reduction of the mass of biodegradable communal waste transferred into storage.
3. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 1. 2, shall be calculated in the manner set out in the Article. 9x ust. 3.
Art. 9z. [ Fines threatening the municipality for failure to comply with its obligations] 1. [ 18] Municipality, which:
1. shall report the report referred to in Article after the deadline. 9q-is subject to a monetary penalty of PLN 100 for each day of delay, no more than for 365 days;
2) provide the unreliable report referred to in art. 9q-is subject to the penalty payment of PLN 200 to PLN 500, if the report is supplemented or amended accordingly within 30 or 14 days from the date of service of the notice referred to in art. 9r ust. 2, and in case of failure to apply for a call from 500 PLN to 5000 PLN.
2. The municipality, which does not exercise the obligation referred to in art. 3b or Art. 3c-is subject to a penalty payment calculated separately for the required level:
1) recycling, preparation for re-use and recovery of other methods;
2) the reduction of the biodegradable communal waste transferred into storage.
3. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 1. 2, shall be calculated in the manner set out in the Article. 9x ust. 3.
4. The municipality, which does not exercise the obligation referred to in art. 6d par. 1-is subject to a monetary penalty in the amount of between 10 000 PLN and 50 000 PLN.
5. Where an obligation should be carried out by intercommunal association, the monetary cayals referred to in paragraph 1 shall be executed by the intercommunal association. 1, 2 and 4, is subject to this relationship.
Article 9a. [ Cash penalties threatening to carry out the treatment of waste for failure to comply with obligations] The operator of the installation indicated in the resolution on the implementation of the voivodship plan of waste management, which:
1) takes away from the receiving entity municipal waste from property owners mixed municipal waste or green waste from outside the region of municipal waste management-subject to a monetary penalty of PLN 500 for each Mg of received waste;
2) does not include a contract for the installation of mixed municipal waste or green waste with the entity receiving municipal waste from the owners of the property, which performs its activities within the municipal waste management region- shall be subject to a penalty payment of 10 000 PLN;
3) does not receive mixed municipal waste, green waste or residues from the sorting of municipal waste intended for storage from the operator of municipal waste to the installation envisaged for the replacement operation of the given region, indicated in the resolution on the implementation of the voivodship plan of waste management-is subject to a monetary penalty of 10 000 zł;
4) does not present the calculation referred to in art. 9m, or waste information, which has given the process of preparation for re-use, recycling or recovery by other methods or has provided to another holder referred to in Article for this purpose. 9oa ust. 1-subject to the penalty payment of PLN 500 for each unsubmitted document.
Art. 9zb. [ Entities entitled to impose fines] 1. The monetary penalties referred to in art. 9x ust. 1 and 2, impose, by decision, the mayor, or the mayor of the city, due to the place of listing the entrepreneur in the register of regulated activities referred to in art. 9b ust. 2.
1a. Cash barracks referred to in art. 9xa, imposes, by decision, the mayor, or the mayor of the city, due to the place where the collection of municipal waste is selective.
1b. [ 19] Penalty payments referred to in art. 9xb, imposes, by decision, the mayor, mayor or president of the city, due to the place of conducting business in the field of emptying of the ineffluent tanks and the transport of liquid uncleanness.
2. The monetary penalties referred to in art. 9y ust. 1 and 2, art. 9z ust. 1, 2, 4 and Art. 9za, imposes, by decision, the voivodship of the environmental protection inspector.
3. The Provincial Environmental Inspector, by decision, may suspend the payment of the penalties referred to in art. 9z ust. 2, or redeem them.
Art. 9zc. [ Setting the amount of fines] [ 20] 1. In determining the amount of fines referred to in art. 9x ust. 1 points 2 to 4, art. 9xa (2), art. 9xb (1), Art. 9y ust. 1 points 2-4 and art. 9z ust. 1 point 2 and paragraph. 4, the competent authority shall take into account the degree of severity of the offence, the extent of the infringement and the activity of the entity so far.
2. Administrative penalty payments on the basis of art. 9x ust. 1 point 4, art. 9xa (2), art. 9xb (1), Art. 9y ust. 1 point 4 or art. 9z ust. 1 point 2 in the case of failure to comply with the call referred to in Article 9p ust. 2 or in Art. 9r ust. 2, may be meted out repeatedly, with the result that the total amount of penalties, for a given calendar year, concerning a given report, may not exceed 50 000 PLN.
Art. 9zd. [ Payment of financial penalties] 1. The subject on which a pecuniary penalty is imposed shall be obliged to pay this penalty within 30 days from the date on which the decision became final.
2. [ 21] The financial penalty payments referred to in Article 9x ust. 1 and 2, art. 9xa and art. 9xb, they constitute the income of the municipality.
3. The Gminna organizational unit, the municipality and the operator of the installation indicated in the resolution on the implementation of the voivodship management plan shall contribute cash penalties to the bank account of the competent provincial environmental protection fund and the economy water.
Art. 9ze. [ Applications for suspension of payment of fines] 1. Genocide, mayor or president of the city may file an application for suspension of payment of the monetary penalty referred to in art. 9z ust. 2.
2. The Provincial Environmental Inspector may suspend payment of the payment penalty for the period necessary to take corrective action, but not longer than 5 years, in the case of the municipality presenting a documented request for the undertaken corrective action to remove the reason for the imposition of the penalty.
3. After the removal of the reasons for the imposition of a monetary penalty, this penalty shall be remitted; in the event of failure to remove the causes, the penalty shall be subject
Art. 9zf. [ Apply Tax Ordinance] The provisions of Chapter III of the Act of 29 August 1997 apply to fines. -Tax law, with the fact that the powers of the tax authorities are granted to the mayor, the mayor, the president of the city, and the provincial environmental inspector.
Chapter 5
Penal provisions
Article 10. [ Conducting service activities without authorisation and failure to comply with obligations by the owner of the property] 1. Who conducts the activity specified in Art. 7 without the required authorisation
-shall be punished by the arrest or penalty of the fine.
2. Who does not perform the duties listed in Art. 5 par. 1
-is punished by the fine.
2a. The penalty referred to in paragraph 2 2 shall also be subject to those who are not in compliance with the obligations laid down in the Rules
3. The proceedings in the cases referred to in the paragraph. 1 and 2, shall be subject to the provisions of the Code of Conduct on Offences.
Chapter 6
Provisions for amendment of existing provisions and final provisions
Article 11. (bypassed).
Article 12. (bypassed).
Article 13. (bypassed).
Article 14. [ Entry into force] The Act shall enter into force on 1 January 1997.
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1) This Act shall, in the field of its regulation, implement the following Directives:
1. Directive 91 /271/EEC of 21 May 1991 (1). concerning the treatment of municipal waste water (Dz. Urz. EC L 135 of 30.05.1991, p. 40, z późn. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 2, p. 26);
(2) Council Directive 1999 /31/EC of 26 April 1999 (1). on the landfill of waste (Dz. Urz. EC L 182 of 16.07.1999, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 4, str. 228);
(3) Directive 2008 /98/EC of 19 November 2008. on waste and repealing certain Directives (Dz. Urz. OJ L 312, 22.11.2008, p. 3-30).
[ 1] Article 3 (1) 2 point 9 (b) (e) as set out by the Article. 102 point 1 of the Act of 11 September 2015. with the used electrical and electronic equipment (Journal of Laws of U. 1688). The amendment came into force on 1 January 2016.
[ 2] On the basis of the judgment of the Constitutional Court of 28 November 2013. (Journal of Laws pos. 1593) art. 6d par. 1 is in accordance with art. 2 and Article 16 ust. Second sentence in relation to Article 166 par. 1 Constitution of Poland.
[ 3] On the basis of the judgment of the Constitutional Court of 28 November 2013. (Journal of Laws pos. 1593) art. 6e is in accordance with art. 2 and Article 16 ust. Second sentence in relation to Article 166 par. 1 Constitution of Poland.
[ 4] On the basis of the judgment of the Constitutional Court of 28 November 2013. (Journal of Laws pos. 1593) art. 6h in connection with art. 6c and in relation to art. 2. 1 point 4 and in relation to Article 1 2. 3 is in accordance with art. 2 of the Constitution.
[ 5] On the basis of the judgment of the Constitutional Court of 28 November 2013. (Journal of Laws pos. 1593) art. 6j ust. 2a is in accordance with art. 168 in connection with art. 217 Constitution of Poland.
[ 6] On the basis of the judgment of the Constitutional Court of 28 November 2013. (Journal of Laws pos. 1593) art. 6k ust. 1 to the extent that it does not provide for a maximum amount of charge for municipal waste management, is inconsistent with the art. 84 and Art. 217 Constitution of Poland. Article 6k (1) 1 in the above The extent to which it expired on 19 December 2013.
[ 7] On the basis of the judgment of the Constitutional Court of 28 November 2013. (Journal of Laws pos. 1593) art. 6k ust. 2 to the extent that it does not provide for a maximum amount of charge for municipal waste management, is inconsistent with the art. 84 and Art. 217 Constitution of Poland. Article 6k (1) 2 in the above The extent to which it expired on 19 December 2013.
[ 8] Article 6k (1) 4 in the version set by the Article. 1 of the Act of 11 September 2015. amending the Act on the maintenance of cleanliness and order in the municipalities (Journal of Laws pos. 1793). The amendment came into force on 1 January 2016.
[ 9] On the basis of the judgment of the Constitutional Court of 28 November 2013. (Journal of Laws pos. 1593) art. 6m ust. 1 in connection with art. 6c and in relation to art. 2. 1 point 4 and in relation to Article 1 2. 3 is in accordance with art. 2 of the Constitution.
[ 10] Article 6qa (a) 3 repealed by Art. 43 of the Act of 10 July 2015. o Tax Administration (Journal of Laws item 1269). The amendment came into force on 1 January 2016.
[ 11] On the basis of art. 8 of the Act of 28 November 2014. amending the Act on the maintenance of cleanliness and order in the municipalities and some other laws (Journal of Laws of 2015, item. (87) the operator of the selective collection point of municipal waste existing on the date of entry into force of the abovementioned waste. laws (i.e. 1 February 2015) makes for the first time a report for 2015
[ 12] On the basis of art. 9 ust. 2 of the Act of 28 November 2014. amending the Act on the maintenance of cleanliness and order in the municipalities and some other laws (Journal of Laws of 2015, item. 87) art. 9q ust. 5 shall apply from the date on which the database on products and packaging is established and the waste management announced in a communication issued on the basis of Article 3 of the Regulation. 238 (3) 2 of the Act of 14 December 2012. of waste (Dz. U. of 2013 r. items 21, with late. zm.).
[ 13] On the basis of art. 9 ust. 2 of the Act of 28 November 2014. amending the Act on the maintenance of cleanliness and order in the municipalities and some other laws (Journal of Laws of 2015, item. 87) art. 9s ust. 5 shall apply from the date on which the database on products and packaging is established and the waste management announced in a communication issued on the basis of Article 3 of the Regulation. 238 (3) 2 of the Act of 14 December 2012. of waste (Dz. U. of 2013 r. items 21, with late. zm.).
[ 14] Article 9x (1) 1 point 5 in the wording set by the Article 14 point 1 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
[ 15] Article 9xa, point 3, in the version set by the Article. 14 point 2 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
[ 16] Art. 9xb added by art. 14 point 3 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
[ 17] Article 9y (1) 1 point 5 in the wording set by the Article 14 point 4 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
[ 18] Article 9z (1) 1 in the wording set by Article 1. 14 point 5 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
[ 19] Article 9zb (1) 1b added by Art. 14 point 6 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
[ 20] Article 9zc, as set out in Article 9, 14 point 7 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
[ 21] Article 9zd (1) 2 in the version set by the Article. 14 pt. 8 of the Act of 25 June 2015. amending the Act on Local Government and certain other laws (Journal of Laws of the Law of the European Communities). 1045). The amendment came into force on 1 January 2016.
