Key Benefits:
ACT
of 14 December 2012
o waste 1), 2)
SECTION I
General provisions
Chapter 1
Scope of Law
Article 1. [ Regulatory scope] The Act sets out measures to protect the environment, life and health of people preventing and reducing the negative impact on the environment and the health of people arising from the generation and management of waste and to limit the general effects of use resources and improve the efficiency of such use.
Article 2. [ Exemption of application of the law] The provisions of the Act shall not apply to:
1) gases and dusts entering the atmosphere;
2) the ground in the original position (in place), including the unsanded contaminated soil, and the buildings permanently associated with the ground;
3) unpolluted soil and other materials present in the natural state, extracted during construction works, provided that this material is used for construction purposes in the natural state on the territory on which it was extracted;
4. radioactive waste;
5) decommissioned explosives;
6. biomass in the form of:
(a) outings subject to the provisions of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009. laying down health rules concerning animal by-products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ C L thereof, p. Urz. EU L 300, 14.11.2009, p. 1, from late. zm.), hereinafter referred to as "Regulation (EC) No 1069/2009",
(b) straw,
(c) other non-hazardous natural substances derived from agricultural or forestry production
-used in agriculture, forestry or the production of energy from such biomass by processes or methods which are not harmful to the environment nor present a threat to human life and health;
7. sediments moved within surface waters for the management of water or waterways, water management or water management or protection against flooding or reduction of effects of floods and droughts, remediation, refullation, acquisition or treatment of the site, if these sediments are not dangerous;
(8) sewage;
9. by-products of animal origin, including processed products covered by Regulation (EC) No 1069/2009, with the exception of those which are waste provided for storage in a landfill, or for thermal conversion or for use in a biogas plant or in a compost plant in accordance with that Regulation;
10. carcases of animals that have died otherwise than by slaughter, including animals killed with a view to eradicating epizootic diseases and which are disposed of in accordance with Regulation (EC) No 1069/2009;
11. earth or rock masses moved in connection with the extraction of the copalin from the deposits, if the concession for the extraction of the copalin from the deposits or the plan of movement of the mining plant approved by the decision referred to in the Act of 9 June 2011. -Geological and Mining Law (Dz. U. of 2016 r. items 1131), or a local zoning plan for the mining area, define the conditions and manner of their development;
12) carbon dioxide intended for underground storage to carry out a project of demonstration capture and storage of carbon dioxide within the meaning of art. 1 (1) 3 of the Act of 9 June 2011. -Geological and Mining Law.
Chapter 2
Explanation of statutory terms
Article 3. [ Definitions] 1. Whenever the law is referred to:
1) bio-waste-it is understood by this biodegradable waste from gardens and parks, food and kitchen waste from households, catering, mass caterers, retail units, as well as comparable waste from plants producing or placing food on the market;
2) management of waste-it is understood by this collection, transport, treatment of waste, including the supervision of such activities, as well as the subsequent handling of the waste sites and the activities carried out in the nature of the seller of the waste or of the waste agent;
3) waste management-it is understood by this generation of waste and waste management;
4. communal sewage sludge-this is understood by the waste water treatment plant from the digestion chamber and other plants used for the treatment of municipal wastewater and other sewage effluents close to the composition of the sewage communal;
5) the storage of waste-this is understood by the temporary storage of waste, including:
(a) the initial storage of the waste by the manufacturer,
(b) temporary storage of waste by the operator of waste collection,
(c) the storage of waste by the operator of waste;
6. wastes-shall be understood by any substance or subject which the holder is disposed of, intends to dispose of or to whom the disposal is required;
7) municipal waste-this is understood by household waste, excluding end-of-life vehicles, as well as waste that does not contain hazardous waste from other waste generators, which, due to the its nature or composition is similar to household waste; mixed municipal waste remains mixed municipal waste, even if it has undergone waste treatment, which has not changed in such a way as to make it possible to use waste treatment in the same way as waste treatment. significant of their properties;
8) medical waste-it is understood by this waste arising in connection with the provision of health care services and conducting research and scientific experiments in the field of medicine;
9) inert waste-this is understood by wastes which do not undergo significant physical, chemical or biological changes; they are insoluble, do not fall into physical or chemical reactions, do not cause pollution of the environment or threat for human life or health, they are not biodegradable and do not adversely affect the material they are in contact with; the overall content of impurities in these waste and the ability to leach them, as well as the negative effects on the environment of the shade are insignificant, and in particular do not pose a threat to the quality of the waters surface water, groundwater, soil and soil;
10) biodegradable waste-this is understood by wastes which are aerobic or anaerobic degraded with the participation of micro-organisms;
11. veterinary waste-it is understood by the waste resulting from the examination, the treatment of animals or the provision of veterinary services, and in connection with the conduct of scientific research and animal experiments;
12) green waste-it is understood by this municipal waste constituting parts of plants coming from the care of green areas, gardens, parks and cemeteries, as well as from the marketplace, excluding waste from the cleaning of streets and squares;
13. waste from accidents-shall mean waste arising during the carrying out of rescue or extinguishing operations, excluding:
(a) waste arising from a major accident or major industrial accident within the meaning of Article 3 (1) (a) of the 3 paragraphs 23 and 24 of the Law of 27 April 2001. -Environmental law (Dz. U. of 2016 r. items 672, 831, 903, 1250 and 1427),
(b) waste resulting from damage to the environment referred to in Article 6 point 11 of the Act of 13 April 2007. of preventing damage to the environment and their repair (Dz. U. of 2014 items 1789 and from 2015 items 277 and 1926);
14) recovery-this is understood by any process, the main result of which is that the waste serves useful application by replacing other materials that would otherwise be used to fulfil the function, or in the result of which waste is prepared to fulfil such a function in a particular plant or in the economy in general;
15) recovery of energy-it is understood by this thermal conversion of waste in order to recover energy;
(16) waste oils-any mineral or synthetic lubricating or industrial oils which have ceased to be suitable for the use to which they were originally intended, in particular used combustion engine oils and oils shall be understood to mean the waste oils and oils gearboxes, lubricating oils, turbine oils and hydraulic oils;
17) PCB-This is understood to be polychlorinated biphenyls, polychlorinated terphenyls, monomethyletrachlorodiphenylmethane, monomethyldichlorodiphenylmethane, monomethyldibromodiphenyl methane, and mixtures containing any of these substances in quantities more than 0,005% by weight in total;
18) reuse-it is understood by this activity consisting in the use of products or parts of non-waste products again for the same purpose to which they were intended;
(19) the holder of the waste-this is understood by the waste generator or the natural person, the legal person and the business unit without legal personality in the possession of the waste; it is presumed that the ruler of the land is the holder of the waste waste on immovable property;
20) waste brokers-it is understood by everyone who arranges the treatment of waste on behalf of other entities, including the entity that does not include the waste physically in possession;
21. processing-shall be understood by recovery or disposal operations, including pre-profit preparation or disposal;
22) preparation for reuse-it is understood by this recovery by checking, cleaning or repair, under which the products or parts of products that have previously become waste are prepared for it to be able to be reproduced used without any other pre-processing operations;
23) recycling-it is understood by this recovery, in which waste is re-processed into products, materials or substances used for the original purpose or other purposes; this includes the reprocessing of organic material (recycling organic), but does not include the recovery of energy and reprocessing into materials to be used as fuel or for the purposes of filling out of the products;
24. selective collection-it is understood by this collection, in which a given stream of waste, in order to facilitate specific processing, covers only waste characterized by the same characteristics and the same characteristics;
25) the landfill of the waste-it is understood by this construction object intended for the landfill of waste;
26) waste incineration plant-it is understood by this plant or part thereof intended for the thermal conversion of waste with recovery or without the recovery of the heat generated, comprising installations and equipment for the operation of the thermal process the transformation of waste together with the treatment of waste gases and their introduction into the air, control, control and monitoring of processes and installations related to the reception, preprocessing and storage of waste delivered to the thermal conversion and installation related to the storage and processing of substances derived from the incineration and treatment of waste gases; if the co-incineration of waste takes place in such a way that the main purpose of this installation is not the generation of energy or the manufacture of products Whereas material, only thermal transformation of waste, then this installation is considered to be a waste incineration plant;
27) the seller of the waste-shall be understood by the entity which acquires and then dispose of the waste, in its own name, including the entity which does not include the waste physically in possession;
28) the use of municipal sewage sludge-it is understood by this distribution of municipal sewage sludge on the earth's surface or introducing them into the soil;
29) the thermal transformation of waste-it is understood by this:
(a) incineration of waste by their oxidation,
(b) other than those indicated in (b) a process of thermal treatment of waste, including pyrosis, gasification and plasma process, provided that the substances arising during these processes are subsequently incinerated;
30) disposal of the waste-it is understood by this process which is not a recovery, even if the secondary effect of such a process is the recovery of a substance or energy;
31) waste co-incineration plants-it is understood by this plant or part of it, the main object of which is the generation of energy or products in which, together with the fuels, they are thermally converted for the purpose of recovery of the waste contained therein of energy or for disposal of energy, including installations and equipment for the process of thermal transformation with the purification of waste gases and their introduction into the atmosphere, control, control and monitoring of the flue gas processes, adoption-related installations, preprocessing and storage of waste delivered for thermal conversion and installations related to the storage and processing of substances derived from the incineration and treatment of flue-gases;
(32) waste producers shall be understood by any person whose activity or former is causing waste (original waste generation), and anyone who conducts a preliminary treatment, mixing or other activity resulting in a change in character or the composition of these wastes; the manufacturer of waste arising from the provision of services in the scope of construction, demolition, renovation of facilities, cleaning of tanks or equipment and cleaning, maintenance and repairs is the entity which provides the service, unless the contract of the provision of the service is otherwise
(33) the prevention of waste-shall mean the measures applied to the product, material or substance before they become waste, reducing:
(a) the quantity of waste, including by re-use or extension of the period for further use of the product,
(b) the negative impact of the waste generated on the environment and human health,
(c) the content of harmful substances in the product and material;
34) the collection of waste-it is understood by this collection of waste prior to their transport to the processing sites, including preliminary sorting not leading to the essential change in the nature and composition of the waste and non-alteration of the waste classification; and temporary storage of the waste referred to in point 5 (a). b.
2. The non-exhaustive list of recovery processes determines Annex No. 1 to the Act.
3. A non-exhaustive list of disposal processes shall be specified in Annex No. 2 to the Act.
4. Hazardous waste shall mean waste showing at least one of the hazardous properties. The properties causing the waste to be hazardous waste are set out in Annex No 3 to the Act.
Chapter 3
Waste catalogue and change of hazardous waste status to non-hazardous waste
Article 4. [ Waste Classification] 1. The wastes shall be classified by their advance to the relevant group, subgroup and type of waste, taking into account:
1) the source of their formation;
2) the properties causing the waste to be hazardous waste, as set out in Annex No. 3 to the Act;
3) the components of waste for which the exceedness of the limit values of hazardous substances may cause waste to be hazardous waste.
2. The components of the waste referred to in paragraph. 1 point 3, defines Annex No 4 to the Act.
3. The Minister responsible for the environment will determine, by way of regulation, the waste catalogue by group, subgroups and types with an indication of hazardous waste, guided by the source of the generation of waste and the properties of waste specified in the Annex No 3 to the Act.
4. The Minister responsible for the environment, by issuing the regulation referred to in paragraph. 3, take into account the concentration limits of hazardous substances for the components of waste referred to in Annex No. 4 to the Act-in case of their determination on the basis of European Union regulations, below which waste is not considered as waste hazardous.
Article 5. [ Prohibition of the classification of hazardous waste on non-hazardous waste] It shall be prohibited to amend the classification of hazardous waste on non-hazardous waste by diluting or mixing with each other, or with other waste, substances or materials, leading to a reduction in the initial concentration of the substance hazardous to a level lower than the level specified for hazardous waste.
Article 6. [ Hazardous Waste] Hazardous waste shall be the waste indicated in the waste catalogue, as defined in the provisions adopted on the basis of art. 4 par. 3, as hazardous waste, subject to art. 7.
Article 7. [ Reclassification of hazardous waste for non-hazardous waste] 1. The holder of the waste may change the classification of hazardous waste for non-hazardous waste, if it can be shown that they do not have the properties of hazardous wastes specified in Annex No. 3 to the Act.
2. The Minister responsible for environmental matters shall determine, by means of a regulation:
1) the detailed conditions for the recognition of hazardous waste for non-hazardous waste,
2) how to determine the fulfilment of the conditions referred to in point 1
-guided by the requirements of environmental protection and the risks to human life or health.
3. The Minister responsible for environmental matters may specify in the regulation referred to in paragraph. 2, the types of waste and the source of their generation, for which, when reclassification from hazardous waste to non-hazardous waste does not apply the conditions laid down in the provisions issued on the basis of the paragraph. 2 and the notification referred to in Article 2. 8.
Article 8. [ Notification of a change in the classification of hazardous waste to non-hazardous waste] 1. The holder of the waste shall be obliged to submit to the marshal of the voivodship, duly competent due to the place of manufacture or waste management, the notification of the change of the classification of hazardous wastes on non-hazardous waste.
2. The notification of a change in the classification of hazardous waste for non-hazardous waste shall include:
1. the name or name of the holder of the waste and the address of residence or establishment;
2) the tax identification number (NIP) and REGON number, if it has been given;
3) determination of the place of manufacture or management of waste provided for the change of classification;
4) an indication of the waste provided for the change of classification and the proposed classification of these wastes;
5) a description of the technological process in which the waste is created, intended to change the classification, and if it is reasonable, other circumstances that may have had an impact on the properties of these wastes.
3. Notification of a change in the classification of hazardous waste for non-hazardous waste shall be accompanied by the results of the tests of the properties of the wastes provided for the change of classification carried out in accordance with the provisions of the art. 7 ust. 2.
4. Research of the properties of the waste referred to in paragraph. 3, they shall carry out only laboratories referred to in Article 3. 147a of the Act of 27 April 2001. -Environmental law. In order to carry out the examination, laboratories shall take samples of the waste covered by the notification.
5. The Marshal of the voivodship shall issue a decision approving the modification of the classification of hazardous waste into non-hazardous waste or the decision to object to the objection.
Article 9. [ Forwarding of documents] 1. The Marshal of the voivodship shall communicate to the Minister responsible for environmental matters:
1) copies of the declarations of the change of the qualification of hazardous wastes for non-hazardous waste accompanied by copies of the results of the waste properties tests-within one month from the date of service of the decision;
2. aggregated information for the year in question on the number of notifications, decisions approving the modification of the classification of hazardous waste for non-hazardous waste and of the decision to object, by 31 March of the following year, to the opposing expression.
2. The requirement for the transfer of the documents referred to in paragraph 2. 1 point 1, not applicable, where the decision of the Marshal of the voivodship approving the change in the classification of hazardous waste into non-hazardous waste or of the decision on the expression of objection has been lodged with the reference, which the Minister has been forwarded environmental issues.
3. The Minister responsible for the environment shall verify, in the Database product and packaging data base, and on waste management, final decisions approving the change in the classification of hazardous waste for non-hazardous waste and final decisions on the expression of opposition.
4. The Minister responsible for the environment shall without delay notify the European Commission of any modification of the classification of hazardous waste to non-hazardous waste.
Chapter 4
Recognition of an object or substance as a by-product
Article 10. [ Recognition of the subject or substance as a by-product] An object or substance resulting from a production process, the primary objective of which is not their production, may be considered as a by-product, non-waste, if the following conditions are met:
1) the further use of the object or substance is certain;
2. the object or substance may be used directly without further processing, other than normal industrial practice;
3) the subject matter or substance is produced as an integral part of the production process;
4. the substance or object in question meets all relevant requirements, including legal, product, environmental protection and human life and health, for the specific use of those substances or objects and the use of such substances will not lead to any such use. general adverse effects on the environment, life or human health.
Article 11. [ Notification of the recognition of an item or substance as a by-product] 1. The creator of the object or substances referred to in art. 10, shall be required to submit to the Marshal of the voivodship competent due to the place of their manufacture of the declaration of recognition of the object or substance as a by-product.
2. The declaration of recognition of an object or substance for a by-product shall include:
1. the name and address of the entity and the address of residence or establishment;
2) the tax identification number (NIP) and REGON number, if it has been given;
3) determination of the place of manufacture of the object or substances provided for the recognition as a by-product;
4) an indication of the object or substances intended to be considered by the by-product and their mass;
5) a description of the production process in which the object or substance is formed and the process in which they will be used.
3. The declaration of recognition of the object or substance as a by-product shall be accompanied by evidence confirming the fulfilment of the conditions referred to in art. 10, and the detailed requirements, if specified. In particular, evidence may be evidence of the use of an object or substance for specific purposes or attesting to the properties of the object or substance of the test results carried out by the laboratories referred to in Article 4. 147a of the Act of 27 April 2001. -Environmental law.
4. The recognition of an object or substance as a byproduct shall take place, if the Marshal of the voivodship within 3 months from the date of receipt of the declaration of recognition of the object or substance for the by-product does not express the opposition, by decision.
5. The provisions of the paragraph. 1-4 shall not apply to feed materials specified in European Union legislation issued on the basis of art. 24 of the Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009. on the placing on the market and use of feed, amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council and repealing Council Directive 79 /373/EEC, Commission Directive 80 /511/EEC, Council Directives 82 /471/EEC, 83 /228/EEC, 93 /74/EEC, 93 /113/EC and 96 /25/EC and Commission Decision 2004 /217/EC (Dz. Urz. EU L 229, 01.09.2009, p. 1, from late. zm.).
(6) The Minister responsible for the environment may define, by means of a regulation, specific criteria for the recognition of an object or substance as a by-product, guided by considerations of the protection of the environment, of life or of human health.
Article 12. [ Collection of information for a given year on the number of notifications received for recognition of an item or substance as a by-product] 1. The Marshal of the voivodship shall transmit to the Minister of Environmental Affairs, by 31 March of the following year, the summary information for the year on the number of received declarations of recognition of the object or substance for the by-product, expressed the objections and the recognition of the object or substance as a byproduct and their mass.
2. The Minister responsible for the environment shall determine, by means of a regulation, the summary of the summary information referred to in paragraph 1. 1, by directing the need to unify the data contained therein.
Article 13. [ Prohibition of combined storage of by-products and waste] 1. The total storage of by-products and waste, as well as the storage of by-products in places intended for the storage of waste or the storage of waste, shall be prohibited.
2. Substances or objects which no longer fulfil the conditions and requirements referred to in art. 10 and in the provisions adopted on the basis of art. 11 (1) 6, they are waste.
Chapter 5
Loss of waste status
Article 14. [ Loss of waste status] 1. The specific types of waste shall cease to be waste if, as a result of their recovery, including recycling, they shall:
1. Total of the following conditions:
(a) the subject matter or substance is widely used for specific purposes,
(b) there is a market for such items or substances or in demand for them,
(c) the subject or substance concerned complies with the technical requirements for the application to the specific objectives and the requirements laid down in the rules and standards applicable to the product,
(d) the use of an object or substance does not lead to adverse effects on life, human health or the environment;
2) the requirements laid down by the European Union rules.
2. The subject matter or substance which no longer fulfils the conditions referred to in paragraph 2. 1, they are waste.
Article 15. [ Prohibition of total storage of waste and object or substances that have lost the status of waste] The total storage of waste and the object or substances which have lost the status of the waste and the storage of the object or substances which have lost the status of waste in places intended for storage or storage shall be prohibited. waste.
SECTION II
General principles of waste management
Chapter 1
Protection of human life and health and the environment
Article 16. [ Waste management] Waste management should be carried out in such a way as to ensure the protection of human life and health and the environment, and in particular waste management cannot:
1) cause risks to water, air, soil, plants or animals;
2) cause nuisance by noise or smell;
3) cause adverse effects on rural areas or places of special importance, including cultural and natural.
Chapter 2
Hierarchy of ways to deal with waste
Article 17. [ Hierarchy of ways of handling waste] The following shall be entered in the waste management hierarchy:
1) prevention of waste;
2) preparing for re-use;
3. recycling;
4) other recovery processes;
5) disposal.
Article 18. [ Disposal of waste] 1. Anyone who takes action causing or likely to cause waste should be planned, designed and carried out using such means of production or forms of services and raw materials and materials, in order to be in the first place prevent or reduce the amount of waste and their adverse effects on human life and health and on the environment, including in the manufacture of products, during and after the end of their use.
2. Waste that has failed to be prevented, the holder of the waste in the first place is obliged to submit to the recovery.
3. The recovery referred to in paragraph 2, consists primarily of the preparation of waste by their holder for reuse or recycling, and if this is not possible for technological reasons or is not justified on environmental or economic reasons- subject to other recovery operations.
4. Recycling is also understood to mean organic recycling consisting of aerobic treatment, including composting, or anaerobic treatment of waste, which decomposes biological decomposition under controlled conditions with the use of micro-organisms, as a result of the formation of organic matter or methane; storage in a landfill shall not be treated as organic recycling.
5. Waste that could not be recovered for the reasons referred to in paragraph 5. 3, the holder of the waste is obliged to dispose of it.
(6) Only those waste whose disposal could not otherwise be disposed of for the reasons referred to in paragraph 6 should be stored. 3.
7. The disposal shall be subject to such waste from which waste suitable for recovery has previously been carried out.
Article 19. [ Activities supporting reuse and preparation for re-use of waste] 1. The public administration bodies, in the scope of their property, shall take action in support of re-use and preparation for re-use of waste, in particular:
1) encourage the creation and support of re-use and repair networks;
2) creating economic incentives.
2. Public finance units shall apply the re-use criteria or the preparation for re-use of waste when awarding public contracts, provided that reuse or preparation for re-use of waste is possible.
Chapter 3
Proximity principle
Article 20. [ Recycling of waste at the site of their origin] 1. Waste, taking into account the hierarchy of ways of handling the waste, shall first be subjected to processing at the place of their formation.
2. Waste which cannot be processed at the place of origin shall be transmitted, taking into account the hierarchy of waste treatment and the best available technique referred to in Article 3. 207 of the Act of 27 April 2001. -Environmental law, or technology referred to in art. 143 of this law, to the nearest places where they can be processed.
3. The following shall be prohibited:
1) the use of communal sewage sludge,
2. disposal of infectious medical waste and infectious veterinary waste
-out of the region where they were created.
4. The import into the area of the voivodship of waste referred to in paragraph shall be prohibited. 3, manufactured outside the area of this voivodship, for the purposes referred to in paragraph. 3.
5. Comune sewage sludge may be used in the area of the voivodship other than that on which they were manufactured, if the distance from the place of production of the waste to the place of application situated in the area of another voivodship is less than the distance to the place of application located in the area of the same voivodship.
6. In the case of the disposal of infectious medical waste and infectious veterinary waste, the provision of the parasite. 5 shall apply mutatis mutandis. The disposal of infectious medical waste and infectious veterinary waste in the area of the voivodship other than that on which they were manufactured shall be permitted to be disposed of in the nearest installation, in the absence of installations for the disposal of those wastes. waste in the area of a particular voivodship or where existing installations do not have free capacity.
7. Processing shall be prohibited:
1) mixed municipal waste,
2) residues from the sorting of municipal waste and the residues from the process of mechanical and biological treatment of municipal waste, as long as they are intended for storage,
3) green waste
-outside the area of the region of the municipal waste management region where they have been produced.
8. The import into the area of the municipal waste management region of the waste referred to in paragraph shall be prohibited. 7, produced outside the area of the region.
9. In the case of the designation of an installation envisaged for the replacement service of the region of municipal waste management, referred to in art. 38 par. Article 2 (2) (2), in addition to the area of the district waste management region where such waste has been produced, shall not apply to the paragraph. 7 and 8.
10. In the case of the transfer of mixed municipal waste to the municipal waste incineration plant indicated as a trans-regional installation for the operation of a given region of municipal waste management in the resolution on the implementation of the voivodship plan of the economy waste does not apply to the mouth. 7 and 8.
11. Paragraph Recipe 10 shall also apply in the case of the transfer of mixed municipal waste necessary to carry out an incineration plant defined as a trans-regional installation for the operation of a given region in the voivodship plan of waste management.
Chapter 4
Handling of hazardous waste
Article 21. [ Prohibition of mixing wastes] 1. The mixing of hazardous wastes of different types, the mixing of hazardous wastes with non-hazardous waste, and the mixing of hazardous wastes with substances, materials or objects, including dilution, shall be prohibited hazardous substances.
2. The mixing of hazardous wastes of different types, mixing of hazardous wastes with non-hazardous wastes, as well as mixing of hazardous wastes with substances, materials or objects shall be allowed if their mixing serves the improvement of the safety of the processes of treatment of waste arising after mixing and if, as a result of these processes, there is no increase in the risk to life and health of humans or the environment.
3. Where hazardous wastes have been mixed with other wastes, substances, materials or objects, they shall be separated if the following cumulative conditions are met:
1) in the process of processing waste arising after the separation, there will be a limitation of the risk to the life and health of people or the environment;
2) it is technically possible and economically justified.
Chapter 5
Costs of waste management
Article 22. [ Waste management costs] The costs of waste management shall be borne by the original producer of waste or by the current or previous waste holder. In the cases referred to in the separate provisions, the cost of waste management shall be borne by the producer of the product or by the operator of the product on the territory of the country,
Chapter 6
Collection and transport of waste
Article 23. [ Collecting of waste selectively] 1. Waste is collected selectively.
2. Collection shall be prohibited outside the place of manufacture:
1) residues from the sorting of municipal waste, if they are intended for storage;
2) communal sewage sludge;
3) infectious medical waste;
4) infectious veterinary waste;
5) mixed municipal waste;
6) green waste.
3. (repealed)
4. If for safety reasons or in order to ensure the continuity of receipt of infectious medical waste or infectious veterinary waste, the collection of these wastes is necessary, the Marshal of the Voivodship competent due to the site of the collection of waste may authorise, by decision, the collection thereof.
5. In the case of the collection of infectious medical waste or contagious veterinary waste in the restricted areas, the authorisation referred to in paragraph 1 shall be provided. 4, it shall issue a regional director of environmental protection due to the place of collection of such waste.
6. The permit referred to in paragraph 1. 4 and 5, may be issued for a period of not more than a year.
7. In the case referred to in paragraph. 4 and 5, the provisions of Article 4 42 par. 1 and Art. 43 par. 1 shall apply mutatis mutandis.
(8) The ban on the collection of infectious medical waste and infectious veterinary waste shall not apply to infectious medical waste and contagious veterinary waste resulting from the provision of medical or veterinary services to the call.
9. The originator of infectious medical waste and infectious veterinary waste resulting from the provision of services on the call is obliged to deliver the generated waste to the intended premises without delay, the requirements for the storage of such waste.
10. The forbidding referred to in paragraph. 2, shall not apply to the collection of waste referred to in paragraph 1. 2 points 5 and 6, in a transhipment station operated by an entity receiving municipal waste from property owners or by a regional operator of municipal waste processing or a supra-regional installation treatment of municipal waste.
11. The ban referred to in paragraph. 2, does not apply to the collection of green waste by the presenter of the selective collection of municipal waste.
Article 24. [ Transport of waste] 1. The transport of waste shall be carried out in accordance with the requirements of environmental protection and the safety of life and health of people, in particular in a way that takes into account the chemical and physical properties of the waste, including the state of focus, and the risks which may cause waste, including in accordance with the requirements laid down in the provisions issued under the mouth. 7.
2. The transport of hazardous waste shall be carried out with the provisions applicable to the transport of dangerous goods.
3. The requested waste transport service shall indicate the waste transport service to the waste transport service to the waste destination and the holder of the waste to which the waste is to be delivered.
(4) The waste transporter operating the waste transport service shall be obliged to deliver the waste to the destination of the waste and transfer it to the holder of the waste referred to in paragraph 4. 3.
5. The transport of waste operating the waste transport service shall affix an individual registration number as referred to in Article 3. 54 para. 1, on documents related to this service.
6. Means of transport of the waste shall be marked in accordance with the provisions issued pursuant to the paragraph. 7.
7. The Minister responsible for the environment in agreement with the Minister responsible for transport and the Minister responsible for inland waterway transport will determine, by way of regulation, detailed requirements for the transport of waste, including for the measures transport and means of transport, and marking of means of transport, taking into account the characteristics of the waste and their impact on the environment and the safety of life and human health.
Chapter 7
Storage of waste
Article 25. [ Storing waste] 1. The storage of waste shall be carried out in accordance with the requirements of environmental protection and the safety of life and human health, in particular in a way that takes into account the chemical and physical properties of the waste, including the state of focus, and the risks, which may cause these wastes, including in accordance with the requirements laid down in the provisions issued under the mouth. 7.
2. The storage of waste shall be carried out on the territory to which the holder of the waste has a legal title.
3. The storage of waste shall be carried out only in the framework of the manufacture, collection or treatment of waste.
4. Waste, except for storage, may be stored if the need for storage is due to technological or organisational processes and does not exceed the time limits for the legitimate application of those processes, but no longer than for 3 years.
5. Waste intended for storage may be stored only in order to collect the appropriate quantity of such waste for the transport of the landfill, however, no longer than for a year.
6. Periods of waste storage referred to in paragraph. 4 and 5, shall be counted together for all subsequent holders of such waste.
7. The Minister responsible for the environment may determine, by way of regulation, detailed requirements for the storage of waste, including the initial storage of waste by the producer of waste, temporary storage of the waste by the presenter waste collection and storage of waste by the operator, guided by the characteristics of the waste, the requirements of the protection of the environment, the life and health of humans, and the limitation of the nuisance associated with the storage of waste.
8. In the Regulation referred to in paragraph. 7, the minister responsible for the environment can determine the time of storage, guided by the type of storage and properties of the waste.
Chapter 8
Disposal of waste from a site not intended for storage or storage
Article 26. [ Disposal of waste from a site not intended for storage or storage] 1. The holder of the waste shall be obliged to remove the waste immediately from the place not intended for storage or storage.
2. In case of failure to remove the waste in accordance with the paragraph. 1, the mayor, mayor or president of the city, by means of a decision issued ex officio, shall order the holder of the waste to remove the waste from the place not intended for storage or storage, except when the obligation to remove the waste is due to the decision to revoke the decision relating to the waste management.
3. The ban on the disposal of the waste referred to in paragraph. 2, from closed areas and from properties that the municipality has as the ruler of the land, and which is not held by another entity, shall issue the competent regional director of environmental protection.
4. If the holder of the waste does not have a legal title to the property from which the waste is required to remove the waste, the ruler of the land shall be obliged to allow the holder of the waste to dispose of the waste from this property, and in case of execution substitutional decision-enforcement authority.
5. The ruler of the earth shall be entitled to remuneration for the provision of the property from the waste holder.
6. In the decision referred to in paragraph. 2, shall specify in particular:
1) deadline for disposal of waste;
2) type of waste;
3) how to dispose of the waste.
Chapter 9
Transfer of waste and transfer of responsibility for waste management
Article 27. [ Waste management] 1. The originator of the waste shall be obliged to manage the waste generated by himself.
2. The originator of the waste or any other waste holder may commission the obligation to manage the waste only to entities which have:
1) permit for the collection of waste or permit for the treatment of waste, or
2) a concession for the underground storage of waste, an integrated permit, a decision approving a programme for the management of extractive waste, an authorisation to operate a mining waste facility or an entry in the business register regulated in the area of receiving municipal waste from property owners-on the basis of separate regulations, or
3) entry in the register in the scope referred to in art. 50 par. 1 point 5
-unless such activity does not require a decision or entry in the register.
3. If the producer of the waste or other waste holder transfers the waste to the successor of the waste holder, who shall have the decision mentioned in the paragraph. Article 2 (1) or (2) shall have an entry in the register within the scope referred to in Article 2 (2). 50 par. Under point 5 (a), the responsibility for waste management, as soon as they are transferred, shall pass on to the next waste holder.
4. The holder of the waste that conveyed the waste transporting the waste shall not relieve the responsibility for the collection or treatment of the waste, until the taking over of the responsibility by the next holder of the waste, which has the decision mentioned in paragraph Article 2 (1) or (2) shall have an entry in the register within the scope referred to in Article 2 (2). 50 par. 1 point 5 (a) a.
5. The originator of infectious medical waste or infectious veterinary waste shall be exempt from the responsibility for the collection or processing of such waste, once the disposal of such waste by the next holder of the waste by the thermal transformation of infectious medical waste or contagious veterinary waste in hazardous waste incineration plants.
6. A confirmation of the transfer of responsibility for the management of waste to the next waste holder in the case referred to in paragraph. 5, there is a document confirming the disposal.
7. The waste seller and the waste intermediary shall not assume responsibility for the management of the waste if they are not the holders of such waste.
(8) A natural person and an undertaking which is not an economic operator may recover only such types of waste, by means of such recovery methods, as defined in the provisions adopted pursuant to paragraph 1. 10, and in such quantities, which they can safely use for their own needs.
9. The waste holder may transfer certain types of waste to a natural person or non-business entity, to be used for own use by means of acceptable recovery methods, in accordance with the requirements set out in the provisions issued on the basis of the paragraph. 10.
10. Minister for Environment, by way of regulation:
1) determine the list of types of waste that a natural person or an organization unit other than entrepreneurs may submit to their own for their own needs and the permissible recovery methods,
2) may specify for certain types of waste referred to in point 1, the conditions for the storage of waste intended for use for its own use and the permitted quantities which those entities may adopt and store during the year, or the way determination of these quantities
-guided by the characteristics of the waste and the possibilities of their safe use.
Article 28. [ Transfer of responsibility for generated waste] 1. In the case of the use by the manufacturers of waste from the common premises it is permissible to transfer the responsibility for the generated waste to one of them or to the landlord of the premises, if that entity ensures the proceedings with the accepted waste in a manner compatible with this Act.
2. The transfer of liability referred to in paragraph. 1, shall mean the transfer of rights and obligations to the waste generator and shall be subject to the conclusion of the contract in writing under the action of invalidity.
Chapter 10
Waste treatment in installations and equipment
Article 29. [ Waste Processing in Installations and Equipment] 1. Waste is processed in installations or devices.
2. Installations and equipment for the treatment of waste shall only be operated if:
1) meet the requirements of environmental protection, including do not cause the emission standards referred to in the environmental protection regulations, and
2) residues arising from the activity related to the treatment of waste will be processed subject to the requirements set out in the Act.
Article 30. [ Prohibition of waste treatment outside installations or equipment] 1. The processing of waste outside installations or equipment shall be prohibited.
2. A recovery may be made outside installations or equipment in the case of:
1) recovery in the process of recovery R10 referred to in Annex No. 1 to the Act, in accordance with the provisions issued on the basis of the paragraph. 4;
2) the types of wastes listed in the provisions issued on the basis of the paragraph. 5, to be recovered, in accordance with the conditions laid down in those provisions, in the recovery processes R3, R5, R11 and R12 referred to in Annex No. 1 to the Act;
3) individuals carrying out composting for their own needs.
3. Recover out of the installations or equipment referred to in paragraph. 2, may be carried out if it does not pose a risk to the environment, life or health of humans and is carried out in accordance with the requirements laid down in the provisions issued pursuant to the paragraph respectively. 4 or 5.
4. The Minister responsible for the environment will determine, by way of regulation, the conditions for recovery in the recovery of R10, listed in Annex 1 to the Act, and the types of waste permitted for such a recovery process, taking into account the need to protect life and human health and the environment.
5. The Minister responsible for the environment will determine, by way of regulation, the types of waste and the conditions for their recovery in the processes of recovery R3, R5, R11 and R12 listed in Annex No. 1 to the Act, apart from installations and equipment, taking into account the properties of those wastes, and the possibility of safe use for the environment and health of humans.
Article 31. [ Permit to incinerate waste beyond installations and equipment] 1. If the incineration of waste in installations or equipment intended for this purpose is impossible for safety reasons, the marshal of the voivodship may authorise, by decision, the incineration of waste outside the installations or equipment.
2. Permit to incinerate waste beyond installations and equipment for closed areas shall issue a regional director of environmental protection.
3. The authority competent to authorise the incineration of waste outside the installations and equipment shall be the competent authority due to the site of the incineration of waste.
4. The application for authorization to incinerate the waste beyond the installations and equipment shall contain:
1) listing the types of waste provided for incineration outside installations and equipment;
2) determination of the amount of waste of the individual types to be incinerated during the year;
3) designation of the site of waste incineration;
4) a detailed description of the waste incineration method used;
5) the proposed duration of the decision.
(5) Where the determination of the types of waste is insufficient to establish the risks which these wastes may cause for the environment, the competent authority may call upon the applicant to provide the basic chemical composition and characteristics of the waste.
6. In the permit for the incineration of wastes other than installations and devices shall be defined:
1) the type of waste provided for incineration outside the installations and equipment, including the basic chemical composition and properties of the waste-in the case referred to in the paragraph. 5;
2) the quantity of waste of the individual types to be incinerated during the year;
3) site of waste incineration;
4) conditions for the incineration of waste of a kind outside the installations and equipment;
5) the duration of the authorisation.
7. The incineration of collected plant residues may be permitted outside the installations and equipment, unless they are subject to a selective collection obligation.
Chapter 11
Holdout of waste-holder activities
Article 32. [ Pause of the activity of the waste holder] 1. The Provincial Environmental Inspector may, by decision, guided by the degree of threat to the environment, life or human health, to withhold the activity of the holder of the waste in the event of an infringement:
1) a hierarchy of ways to deal with waste, consisting in non-recycling of recyclable waste from waste destined for disposal, in contravention of art. 18 (1) 7;
2. the prohibition on dealing with hazardous waste referred to in Article 21;
3) prohibitions referred to in art. 23 (1) 2;
4) the obligation laid down in Article 27 ust. 2;
5) requirements for the operation of installations or equipment for the treatment of waste referred to in art. 29 par. 2;
6) a ban on the processing of waste outside the installations or equipment referred to in art. 30 par. 1.
2. The procedure for the issue of the decision referred to in paragraph. 1, shall be initiated from office.
3. In the cases referred to in paragraph. 1, at the request of the holder of the waste, the provincial environmental inspector may, by way of order, specify the time limit for the removal of the detected irregularities, suspending the proceedings for that time. The time limit may not be longer than one year from the date of service of the order.
4. In the event of failure to remedy the irregularity within the time limit set by the paragraph. 3, the voivodship of the environmental inspector shall withhold, by decision, the activity of the holder of the waste in the scope referred to in paragraph. 1, related to waste management.
5. The cessation of activities shall specify the time limit for the cessation of activities, taking into account the need for a safe environment for the cessation of activities in the manner referred to in paragraph 1. 1. The term of the cessation of activities shall not be longer than one year from the date of service of the decision on the cessation of activity.
6. After the conclusion that the reasons for the cessation of activities have ceased, the provincial environmental officer, at the request of the person concerned, expresses, by means of a decision, the consent to take up the held activity.
Chapter 12
Disposal
Article 33. [ Disposal of waste] 1. The holder of the waste shall be obliged to deal with the waste in a manner consistent with the principles of waste management referred to in art. 16-31, including the conduct of waste treatment processes in such a way that the processes and waste resulting from the waste do not endanger human life or health and the environment, and in a manner consistent with the provisions on protection Environment and waste management plans.
2. Ministries competent for: construction, planning and development of spatial planning and housing, economy, maritime economy, communications, information technology, agriculture, transport, inland waterway transport, internal health, health and the Minister of Economy The National Defence, in consultation with the Minister of the Environment, each with regard to its action, may determine, by means of regulations, a detailed course of handling certain types of waste, excluding the requirements for conducting processing processes, guided by the need to ensure correct waste management.
3. The Minister of Environmental Affairs may determine, by means of a regulation, the requirements for specific processing processes or for waste treatment installations, with the exception of storage on landfills and thermal transformation in waste incineration plants or waste co-incineration plants, and requirements for waste arising from these processes, guided by the prevention of risks to human life or health and the environment, as well as the prevention of irregularities at the time of the waste treatment.
4. The Minister responsible for the environment, by issuing the regulation referred to in paragraph. 3, may also include requirements only for specific types or types of waste.
SECTION III
Waste management plans
Article 34. [ Waste management plans] 1. To achieve the objectives set out in the environmental policy, to separate the trend of the growth of the waste generated and their impact on the environment from the trend of economic growth of the country, the implementation of the hierarchy of ways of handling waste, and The principles of self-sufficiency and proximity, as well as the establishment and maintenance of an integrated country and a sufficient network of waste management facilities that meet environmental requirements, are developing waste management plans.
2. (repealed)
3. Plans of waste management are being developed at the national and voivodship level.
(4) The waste management plans shall concern waste generated in the area for which the plan is drawn up and imported into the area, including municipal waste, biodegradable waste, packaging waste and hazardous waste.
5. The waste management plans shall also include measures to prevent the formation of waste, for example, as indicated in Annex No. 5 to the Act.
Article 35. [ Content of waste management plans] 1. Waste management plans shall include:
1) an analysis of the current state of waste management in the area for which the plan is drawn up, including information on:
(a) existing measures to prevent waste arising and assess their usefulness,
(b) the types, quantities and sources of waste origin,
(c) the types and quantities of waste subject to individual recovery operations, including in installations located outside the national territory,
(d) the types and quantities of waste subject to individual disposal operations, including in installations located outside the national territory,
(e) the existing waste management systems, including the collection of waste,
(f) the types, distribution and capacity of intermittal installations for the treatment of municipal waste, including waste oils and other hazardous waste, and waste covered by specific provisions,
(g) identification of waste management problems, including the assessment of the need to create new or to change waste collection systems and the construction of additional waste management infrastructure, in accordance with the proximity principle, and, in the event of a the need, the implementation of investments in order to meet existing needs, and the closure of existing facilities for waste management, taking into account, where necessary, the basic information characterising from the point of view the waste management area for which a waste management plan is drawn up, In particular, the geographical situation, the demographic situation, the economic situation and the soil, hydrogeological and hydrological conditions, which may have an impact on the location of the existing waste management installations;
2) forecasted changes in the scope of waste management, including the resulting demographic and economic changes;
3) adopted waste management targets with an indication of the deadlines for their achievement, including the objectives for the prevention of waste generation and the reduction of the amount of biodegradable municipal waste directed at the landfill;
4) the directions of the measures to prevent the emergence of waste and to shape the waste management system, undertaken to achieve the objectives referred to in point 3, including:
(a) solutions for waste oils and other hazardous waste and waste covered by specific waste management regulations,
(b) the definition of a waste management policy, together with planned technologies and methods, or policies for dealing with waste management problems, including incentives for selective collection bio-waste for composting and obtaining of the fermented biomass from them, the treatment of bio-waste in a way that ensures a high level of environmental protection, use of environmentally safe materials produced from biowaste at maintaining a high level of protection of life and human health and the environment,
(c) where necessary, the definition of the criteria for the location of the facilities for waste management and for the processing power of future waste treatment installations;
5) the timetable, the definition of the contractors and the way of financing the tasks resulting from the adopted directions of the activities referred to in point 4;
6) information on the strategic impact assessment of the plan on the environment;
7) specify the manner of monitoring and evaluating the implementation of the plan enabling the determination of the manner and the degree of implementation of the objectives and tasks defined in the plan;
8) summary in non-pectic language.
2. In the event of a strategic assessment of the impact of the waste management plan on the environment, the summary referred to in art. 55 par. 3 of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2016 r. items 353, 831, 961, 1250 and 1579) and, in the event of withdrawal, the justification referred to in Article 3 (1) of the EC 42 point 2 of this Act is an annex to the plan.
3. Plans for waste management may include, taking into account geographical circumstances and the area covered by the plan, the following information:
1) a description of the organisational aspects related to waste management, including a description of the distribution of responsibilities between public and private bodies involved in waste management;
2) assessing the usefulness and usefulness of the use of economic instruments and other instruments to address waste management problems, taking into account the need to maintain an undisturbed functioning of the internal market;
3) data on information campaigns and information to the public or a specific group of persons in the field of waste management;
4. information on contaminated sites of waste disposal and the measures taken to restore them to a state allowing for their economic use;
5) issues specific to the management of waste, resulting from the conditions of the area for which the plan is drawn up.
4. Voivodship waste management plans, in addition to the elements specified in the paragraph. 1-3, they contain:
1) the division into the regions of municipal waste management together with an indication of the municipalities within the region;
2) an indication of regional installations for the treatment of municipal waste in particular regions of the municipal waste management and of the installations provided for the replacement service of these regions, where the installation has been carried out has failed or may not accept waste for other reasons and until the launch of regional municipal waste treatment installations;
(3) a plan for the closure of installations which do not meet the requirements of environmental protection, the modernisation of which is not possible for technical reasons or is not justified for economic reasons.
4b. Voivodship waste management plan may point to municipal waste incineration as a trans-regional installation for the treatment of municipal waste coming from more than one region of municipal waste management. Municipal waste incineration plant constituting a trans-regional installation may serve the regions of municipal waste management from other voivodships, if it provides for the voivodship plan waste management plan of the voivodship in which the area is located the municipal waste incineration plant, and the voivodship plan of waste management of the voivodship from which the waste will be transferred.
5. The region of municipal waste management is an area of neighbouring communes with a total of at least 150,000. residents and operated by the installations referred to in paragraph. 6; the region of municipal waste management may also be an area of a municipality of more than 500 thousand. residents.
5a. The region of municipal waste management may include neighbouring municipalities from different voivodships, if they provide for the voivodship plans of waste management of these voivodships.
6. A regional plant for the treatment of municipal waste is a waste management plant, with a capacity of sufficient space for the reception and treatment of waste from the area inhabited at least by 120,000. residents, meeting the requirements of the best available technique referred to in art. 207 of the Act of 27 April 2001. -Environmental law, or technology referred to in art. 143 of that law, including the use of new available technologies for the treatment of waste, or to ensure:
1) mechanical-biological treatment of mixed municipal waste and secretion from the mixed municipal waste of factions suitable in whole or in part for recovery, or
2) the processing of selectively collected green waste and other biowaste, and the manufacture from them of a product with fertilizer properties or plant support measures, meeting the requirements specified in the separate provisions, or material after composting or fermentation process authorised for recovery in the R10 recovery process, which meets the requirements of the provisions adopted on the basis of art. 30 par. 4, or
3) the storage of waste generated by the process of mechanical and biological treatment of mixed municipal waste and residues from the sorting of municipal waste with a capacity to be taken for a period of not less than 15 years of waste in a quantity not less than that resulting from the installation to mechanical-biological treatment of mixed municipal waste.
6a. The ponadregional plant for the treatment of municipal waste is the incineration plant of municipal waste with a processing capacity sufficient to absorb and process mixed municipal waste collected from the area inhabited at least by 500 000 residents, meeting the requirements of the best available technique, hereinafter referred to as 'the trans-regional incineration plant of municipal waste'.
7. The state waste management plan should be in line with the national waste management plan and serve the objectives of the waste management plan.
8. Public administration bodies shall develop waste management plans that support activities aimed at achieving the objectives and meeting the requirements of the European Union law, in particular Directive 94 /62/EC of the European Parliament The European Parliament and the Council of 20 December 1994 on packaging and packaging waste (Dz. Urz. EC L 365, 31.12.1994, p. 10, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 13, p. (349), Council Directive 1999 /31/EC of 26 April 1999. 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) and Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008. on waste and repealing certain Directives (Dz. Urz. EU L 312 of 22.11.2008, p. 3).
9. Varying on the admissibility of the financing of investments, concerning municipal waste, including construction and demolition waste, as regards the prevention of, and management of, these waste, from the European Union's resources or the environmental and water management funds shall be included in the investment plan referred to in art. 35a.
Article 35a. [ Investment plan] 1. The investment plan shall specify the infrastructure needed for municipal waste, including construction and demolition waste, together with the capacity to prevent the emergence of such waste and the management of such waste, the achievement of the objectives set out in the provisions referred to in Article 35 par. 8.
2. The investment plan shall include in particular:
1) an indication of the planned investments;
2) an estimate of the costs of planned investments and an indication of the sources of their
3) schedule of the implementation of the planned investments.
3. The project of the investment plan shall be subject to agreement with the minister competent for the environment.
4. The investment plan is an annex to the voivodship plan of waste management.
Article 36. [ National and voivodship waste management plan] 1. The Council of Ministers shall adopt a national waste management plan drawn up by the Minister responsible for the environment, in agreement with the Minister responsible for the water management.
2. The Sejmik of the voivodship shall pass the voivodship plan of waste management developed by the Board of Governors
3. The Management Board of the voivodship shall transmit to the Minister responsible for environmental matters the adopted voivodship plan of waste management, in paper form, within one month from the date of adoption of the plan.
4. The project of the voivodship plan of waste management is subject to an opinion by the executive bodies of the municipalities from the area of the voivodship, not members of intercommunal associations, and the executive bodies of intercommunal relations, and in the scope of protection water-by the competent director of the Regional Water Management Board.
5. After the opinion of the voivodship project of waste management plan by the authorities referred to in paragraph. 4, the Management Board of the voivodship is obliged to pass the project of the voivodship plan of waste management to the opinion, and the project of the investment plan to be agreed, the Minister of the competent environmental affairs.
6. The bodies referred to in paragraph 1. 4 and 5, they shall express their views within a period of not more than one month from the date of receipt of the project. Failure to give an opinion within this time limit shall be considered as a positive opinion.
6a. If the Minister responsible for the environment does not submit comments on the draft investment plan within the time limit referred to in paragraph. 6, the project shall be deemed to have been agreed.
6b. The making by the Sejmik of the voivodship of changes in the investment plan agreed with the Minister of the Environment and in the remaining part of the voivodship plan of waste management, which refers to the investments indicated in the investment plan, requires an agreement with the Minister responsible for the environment.
7. When developing draft waste management plans, the provisions of the Act of 3 October 2008 apply. on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments, on public participation in environmental protection and on strategic environmental impact assessment.
8. In the event of failure to carry out a strategic environmental impact assessment, the body preparing the draft waste management plan is obliged to ensure the participation of the public referred to in Chapter III of Chapter 3 of the Act of 3 October 2008 providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
Article 37. [ Update of waste management plans] 1. Waste management plans shall be updated at least every 6 years.
2. The Board of the voivodship shall submit the draft of the updated waste management plan, in order to pass, the state's seiner, no later than one month before the expiry date of its update.
3. Rules of Art. 36 shall apply mutatis mutandis to the updating of waste management plans.
Article 38. [ Resolution on the implementation of the voivodship plan of waste management] 1. With the resolution of the voivodship plan the waste management of the voivodship shall adopt a resolution on its implementation.
2. The Resolution on the implementation of the Voivodship Waste Management Plan shall specify:
1) regions of municipal waste management;
2) regional waste treatment installations in particular regions of municipal waste management and installations intended for replacement operation of these regions, where the installation has failed or may not have receive waste for other reasons and by the time of the launch of regional installations for the treatment of municipal waste.
2a. The praise on the implementation of the voivodship plan of waste management may indicate the incineration plant of municipal waste as a trans-regional incineration plant of municipal waste, if it is due to the voivodship's waste management plan.
3. The Resolution on the implementation of the voivodship plan of waste management shall be subject to mandatory change in the case of:
1) changes in the division into regions of municipal waste management or
2) completion of the construction and putting into service of a regional installation for the treatment of municipal waste specified in the voivodship plan of waste management, or
3) completion of construction and putting into service of a supra-regional municipal waste incineration plant specified in the voivodship plan of waste management, or
4) if the installation which obtained the status of a regional installation for the treatment of municipal waste or a supra-regional municipal waste incineration plant does not meet the requirements of environmental protection or, as appropriate, the requirements for the regional installation to treatment of municipal waste or a supra-regional municipal waste incineration plant.
3a. Making a change of resolution on the implementation of the voivodship plan of waste management in the cases referred to in paragraph. 3 points 2 and 3, shall be carried out at the written request of the operator.
3b. To the written request referred to in paragraph 1. 3a, documents confirming the completion of the construction and putting into service of a regional plant for the processing of municipal waste or a supra-regional municipal waste incineration plant, as defined in the voivodship plan of waste management, shall be included, carrying out checks by the provincial environmental protection supervisor and a copy of the permit for the processing of waste in an installation or an integrated permit.
4. The Resolution on the implementation of the Voivodship Waste Management Plan is an act of local law.
5. The installation obtains the status of a regional installation for the treatment of municipal waste or a supra-regional municipal waste incineration plant with the day of the resolution on the implementation of the voivodship plan of waste management.
Article 38a. [ Refusal of decision on environmental conditions, building permits, integrated permits or waste treatment permits] If the installation, intended for the treatment of mixed municipal waste, of green waste and intended for the storage of residues from the sorting of municipal waste and residues from the mechanical and biological processing process mixed municipal waste, has not been included in the voivodship waste management plan, refuses to issue a decision on environmental considerations, building permits, integrated permits or permit to process waste in this installation.
Article 39. [ Reports on the implementation of waste management plans] 1. The implementation of waste management plans shall be drawn up, covering a period of three calendar years, as at 31 December of the year ending this period, hereinafter referred to as the "reporting period".
2. The reports on the implementation of waste management plans shall contain information on the implementation of the provisions of these plans, assessment of the state of the waste management, assessment of the status of the tasks and achievements of the
3. Implementation report:
1) the National Waste Management Plan-prepares and submits to the Council of Ministers the Minister of Environment, within 18 months after the end of the reporting period;
2) the voivodship plan of waste management-prepares and submits to the Sejmik of the voivodship and the Minister responsible for environmental matters the management of the voivodship, within 12 months after the end of the reporting period.
Article 40. [ Delegation] The Minister responsible for the environment will determine, by means of a regulation:
1) the manner and form of preparation of the voivodship plan of waste management and the model of investment plan
2) detailed scope, manner and form of preparation of the report on implementation of the voivodship plan of waste management
-guided by the need to unify the way in which the voivodship plans for waste management are prepared together with the investment plans and the reports on the implementation of these plans, as well as the provisions of European Union law.
SECTION IV
Powers required to manage waste and keep the register
Chapter 1
Authorisation for waste collection and authorisation for waste treatment
Article 41. [ Permit to collect waste and permit waste treatment] 1. Driving the collection of waste and carrying out the processing of waste requires obtaining a permit.
2. The permit for waste collection and the permit for waste treatment shall issue, by decision, the competent authority due to the place of collection or treatment of waste respectively.
3. The competent authority shall be:
1) Marshal of the voivodship:
(a) for projects likely to have an appreciable impact on the environment within the meaning of the Act of 3 October 2008. to provide information on the environment and its protection, public participation in environmental protection and environmental impact assessments,
(b) for non-hazardous waste to be recovered in the recovery process of filling unfavoured areas, if the quantity of waste or waste placed in the waste is not less than 10 Mg per day, or the total capacity of the output or the collapse is not less than 25 000 Mg,
c) for regional installations for the treatment of municipal waste and for installations identified in the voivodship plan waste management as regional installations for the treatment of municipal waste;
2) old-age-in other cases.
4. The authority competent to authorise the collection of waste and the authorisation of waste processing in the closed areas is the regional director of environmental protection.
(5) The activities requiring authorisation to collect waste and permit the treatment of waste may, at the request of the holder of the waste, be covered by a single permit for the collection and treatment of waste.
6. In the case of carrying out activities in the same place, of which at least one of them belongs to the projects mentioned in the paragraph. 3 point 1, the authority competent to issue the permit for the collection and processing of waste is the Marshal of the voivodship.
7. The issue of the permit for the treatment of waste consisting in the disposal of infectious medical waste and infectious veterinary waste requires the consent of the Chief Sanitary Inspector, referred to in art. 95 (1) 7.
(8) The provisions concerning the authorisation of waste collection and the authorisation of waste treatment shall apply mutatis mutandis to the authorisation of the collection and treatment of waste.
9. Whenever the cessation is referred to as a permit for the collection of waste or the permit for the treatment of waste, it is also authorised to collect and process waste.
10. The permit for waste collection and the permit for the treatment of waste does not apply the provision of art. 11 (1) 9 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.).
Article 41a. [ Control of installation, construction or parts thereof] 1. The permit for the treatment of waste and the permit for generation of waste taking into account the treatment of waste are issued after the conduct by the provincial environmental protection officer with the participation of the representative of the competent control authority the installation, the construction site or its parts, in which waste treatment is to be carried out, to meet the requirements of environmental legislation.
2. A competent authority shall be requested by the provincial environmental protection officer with a request to carry out the checks.
3. After the inspection of the voivodship the environmental protection officer shall immediately issue an order on the fulfilment of the requirements laid down in the environmental regulations. The order does not serve the purpose of grieging.
4. In the case of the provisions of the provincial environmental inspector negative opinion meeting the requirements of the environmental regulations the competent authority may refuse to issue a permit for the processing of waste or the permit for the generation of waste taking into account waste treatment.
5. The provision of the paragraph. 1 shall not apply where the authorisation for the treatment of waste relates to recovery outside installations and equipment or preparations for re-use.
6. In the case of a substantial change of the permit for the treatment of waste and the permit for the generation of waste taking into account the treatment of waste, the competent authority may request an inspection by the provincial security inspector the environment before the decision on the change.
Article 42. [ Application for authorisation for waste treatment] 1. The permit for waste collection shall be issued at the request of the holder of the waste. The application shall include:
1) the tax identification number (NIP) and the REGON number of the holder of the waste, if it has been given;
2) specify the types of waste to be collected;
3) designation of the site of collection of waste;
4) an indication of the place and manner of storage and the type of storage of waste;
5) a detailed description of the method or methods used for the collection of waste;
6. presentation of technical and organisational capacity to properly carry out waste collection activities, with particular regard to the professional qualifications or training of employees and the number and quality of their holdings installations and equipment corresponding to environmental protection requirements;
7) determination of the expected period of execution of the waste collection business;
8) a description of the activities undertaken in the framework of monitoring and control of the activities covered by the permit;
9) a description of the activities to be taken in the event of the termination of the activity covered by the permit and the related land protection, on which the activity was conducted;
10) information required on the basis of separate regulations.
2. The permit for waste treatment shall be issued at the request of the holder of the waste. The application shall include:
1) the tax identification number (NIP) and the REGON number of the holder of the waste, if it has been given;
2) specification of the types of waste intended for processing;
3) determination of the mass of waste of the individual types undergoing processing and resulting from processing during the period of the year;
4) determination of the place of processing of waste;
5) an indication of the place and manner of storage and the nature of the storage of waste;
6) a detailed description of the applied method or methods of waste treatment, including an indication of the processing process, in accordance with Annexes 1 and 2 to the Act, and a description of the technological process with an indication of the annual capacity of the installation or the device, and in justified cases, including hourly interruptions;
7) presentation of technical and organisational capacity to properly carry out the activities in the field of waste treatment, with particular regard to professional qualifications or training of employees and number and quality installations and equipment which comply with environmental protection requirements;
8) determination of the expected period of execution of the activity in the field of waste treatment;
9) a description of the activities undertaken in the framework of monitoring and control of the activities covered by the permit;
10) a description of the activities to be taken in the event of the termination of the activity covered by the permit and the related land protection, on which the activity was conducted;
11) determination of the minimum and maximum quantity of hazardous waste, their lowest and highest calorific value and maximum content of impurities, in particular PCBs, pentachlorophenol (PCP), chlorine, fluorine, sulphur and heavy metals-in the authorisation of installations for the thermal conversion of waste;
12) the information referred to in art. 95 (1) 9-in the case of authorisations for the treatment of infectious medical waste or contagious veterinary waste concerning the disposal of such waste;
13) the information referred to in art. 98 (1) 1-in the case of authorisations for the treatment of waste resulting from the production processes of titanium dioxide and the processing of such waste, by their storage, to determine the risks which these wastes may cause for the the life or health of humans and the environment;
14) information required on the basis of separate regulations.
3. Where the determination of the types of waste is insufficient to determine the risks that these wastes may cause for human life or health and the environment, the competent authority may call upon the applicant to provide a basic chemical composition and waste properties.
4. [ 1] (repealed)
5. The application for authorisation for the treatment of waste by thermal conversion of waste or the storage of waste shall be accompanied by a certificate stating the qualifications of the manager of the incineration or co-incineration plant or waste storage site in the field of waste. waste management appropriate to the waste treatment processes carried out.
(6) The application for authorisation for the processing of infectious medical waste and infectious veterinary waste related to the disposal of such wastes shall be accompanied by the documents referred to in Article 3. 95 (1) 10.
7. The administrative body shall ensure the possibility of public participation, on the basis and in accordance with the procedure laid down in the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in the protection of the environment and on environmental impact assessments, in the proceedings for which the installation permit for thermal installations is subject the conversion of waste or of a decision to amend that authorisation.
Article 43. [ Scope of permit for collection of waste] 1. In the permit for the collection of waste shall be determined:
1) the tax identification number (NIP) and the REGON number of the holder of the waste, if it has been given;
2) the types of waste expected to be collected;
3) designation of the site of collection of waste;
4) an indication of the place and manner of storage and the type of storage of waste;
5) a description of the method or methods of waste collection;
6) additional conditions for the collection of waste, if required by the specificity of waste, in particular dangerous, or the need to preserve the requirements of protection of life or health of people or the environment;
7) requirements resulting from the separate provisions;
8) the duration of the authorisation.
2. In the permit for the treatment of waste shall be determined:
1) the tax identification number (NIP) and the REGON number of the holder of the waste, if it has been given;
2) the type and weight of waste expected to be processed and emerging as a result of processing during the period of the year;
3) the place and the approved method or methods of waste treatment, with an indication of the processing process, in accordance with Annexes 1 and 2 to the Act, and a description of the technological process with an indication of the annual capacity of the installation or the device, and in justified cases-also of hour-long overcapacity;
4) additional conditions for the treatment of waste, if required by the type of waste, in particular dangerous, or the need to preserve the requirements of protection of life, human health or the environment;
(5) the place and manner of storage of the waste and the type of waste stored;
6) the minimum and maximum quantity of hazardous waste, their lowest and highest calorific value and maximum content of impurities, in particular PCBs, pentachlorophenol (PCP), chlorine, fluorine, sulphur and heavy metals-in the case of authorisations concerning the installation for thermal conversion of waste;
7) the information referred to in art. 95 (1) 9-in the case of installations or facilities for the disposal of infectious medical waste or contagious veterinary waste;
8) information resulting from the separate provisions;
9) the duration of the authorisation.
3. If the permit for the treatment of waste is issued for a period of less than a year, the permit shall specify the quantity of waste expected to be processed during the period of validity of this permit.
(4) In the permit for the treatment of waste, the technologically justified operating conditions deviating from normal and the duration of their maintenance may be further specified, justified by technological considerations.
5. In the case of a new waste treatment plant, the permit for the treatment of the waste may further specify the operating conditions deviating from the normal for the time needed for the start of this installation and the achievement of the processing power, not longer than one year.
6. The provision of the paragraph. 4 and 5 shall not apply to landfills.
Article 44. [ Time range of authorisation] The permit for waste collection and the authorisation of waste treatment shall be issued for a period of time marked, not exceeding 10 years.
Article 45. [ Exemption from the obligation to obtain a permit for the collection of waste or permit for the treatment of waste] 1. From the obligation to obtain, respectively, the permit for the collection of waste or the permit for the treatment of waste shall be released:
1) an entity carrying out activities other than economic activity in the scope of waste management, which collects packaging waste and waste in the form of used consumer goods, including the collection of medicines and packaging after medicines by pharmacies, acceptance of used consumer goods in shops, waste collection systems in schools, educational and educational establishments, offices and institutions (non-professional activity in the field of waste collection);
2) a natural person and an organizational unit other than entrepreneurs, using waste for their own needs, according to art. 27 ust. 8;
3) a person wielding the surface of the earth on which municipal sewage sludge is used for the purposes referred to in art. 96 (1) 1 points 1 to 3;
4. the entity required to obtain an integrated licence, as referred to in the Act of 27 April 2001. -Environmental law;
5) the holder of the waste carrying out activities in the scope of disposal of waste by their storage in underground storage sites, which is obliged to obtain a concession for carrying out such activity pursuant to the Act of 9 June 2011 r. -Geological and Mining Law;
6) the holder of the waste required to obtain a decision approving the programme of the management of extractive waste or the authorisation of the facility for the disposal of extractive waste, referred to in the Act of 10 July 2008. of extractive waste (Dz. U. of 2013 r. items 1136, of 2014 items 1101 and 2016 items 1579);
(7) a producer of waste which produces waste, which is not hazardous waste, is disposed of in the place where it is manufactured in accordance with the requirements laid down in the provisions of paragraph 1. 3;
8) the holder of the waste, who shall recover the waste in accordance with the requirements set out in the provisions issued under the mouth. 3;
9) the master of the property, which collects municipal waste, produced on the premises of this property;
(10) the manufacturer of the waste which the waste it produces gathers at the place of manufacture;
11) a point of selective collection of municipal waste carried out by the municipality itself or jointly with another municipality or the municipalities.
2. The subject referred to in paragraph 2. Article 1 (1), shall be required to have an agreement concluded in writing under the action of invalidity, with the holder of the waste authorised to collect the waste or to authorise the treatment of the waste listed in paragraph 1. 1 point 1, concerning at least the unpaid reception of waste.
3. The Minister responsible for the economy in agreement with the Minister responsible for the environment shall determine, by means of the Regulation, the types and quantities of waste which may be covered by the exemption referred to in paragraph 1. 1 points 7 and 8, and the method of treatment of waste to be used and, in the case of hazardous waste, also the specific conditions of the exemptions for the recovery of waste, guided by the characteristics of the waste and the potential risk to the the environment during the waste treatment.
4. The originator of the waste, which carries out the collection of waste or the treatment of waste, may be exempted from the obligation to obtain a separate permit for carrying out this activity, if it has a permit for generation of waste.
5. The originator of the waste referred to in the mouth. 4, in the application for a permit for the manufacture of waste, the requirements laid down for the application for authorisation of the collection of waste or of an application for authorisation for the treatment of waste shall be taken into consideration in the application for the authorisation.
(6) The competent authority, when issuing a permit for waste generation, shall take into account, as appropriate, the requirements laid down for the authorisation of the collection of waste or the authorisation of waste.
7. The permit for generation of waste referred to in paragraph 1. 6, it shall issue a competent authority for the authorisation of waste treatment.
8. The permit for generation of waste referred to in paragraph 1. 6, at the same time, shall be properly authorised for the collection of waste or the authorisation of waste treatment.
9. If the integrated permit covers the collection of waste or its processing, the provision of the paragraph. 8 shall apply mutatis mutandis.
Article 46. [ Refusal to authorise the collection of waste or to permit the treatment of waste] 1. The competent authority shall refuse to authorise the collection of waste or permit for the treatment of waste, where the intended way of management of waste:
1) could pose a threat to human life or health or to the environment;
2) is incompatible with waste management plans;
3) is inconsistent with local law.
2. The competent authority shall refuse to authorise the treatment of waste by thermal conversion of waste or storage of waste, where the manager of a waste incineration plant or waste co-incineration plant or the manager of the waste storage site does not have a certificate stating the qualifications for the management of waste suitable for the waste treatment processes carried out.
3. Marshal of the voivodship shall refuse to issue a permit for the treatment of waste or an integrated permit, where a regional installation for municipal waste treatment or a trans-regional incineration plant of municipal waste does not meet the requirements environmental protection or the requirements specified for such an installation.
Article 47. [ Violation of the provisions of the Act on the activities covered by the permit, withdrawal of the permit] 1. If the holder of the waste, who has obtained the permit for the collection of waste or permit to process the waste, violates the provisions of the Act as regards the activity covered by the permit or acts contrary to the authorised permit, the competent authority shall invite him/her to put an end to the infringements without delay, setting a deadline for the removal of irregularities.
2. Where the holder of the waste referred to in paragraph 1, despite the summons, shall continue to violate the provisions of the Act or act contrary to the consent issued, the competent authority shall revoke this permit, by decision, without compensation.
3. Withdrawal of the authorisation referred to in paragraph 1. 1, causes the termination of the activity covered by this authorisation.
4. The decision referred to in paragraph 4. 2, the competent authority may give a rigor of immediate feasibility, taking into account the need for a safe environment for the completion of its activities.
5. The holder of the waste to which the permit has been withdrawn shall be obliged to dispose of the waste and the effects of the activities carried out, covered by the permit, at its own expense. The provisions of Article 4 26 par. 4 and 5 shall apply mutatis mutandis.
6. The procedure for the issue of the decision referred to in the paragraph. 2, shall be initiated from office.
7. No waste collection permit or waste treatment permit shall be issued if the application concerns the rights of the applicant covered by the decision to withdraw the authorisation referred to in paragraph. 2, and no more than 2 years from the date on which the decision to withdraw the permit became final.
Article 48. [ Termination of the waste collection permit and permit for waste treatment] The authorisation for waste collection and the authorisation of waste treatment shall expire:
1) after the expiry of the time for which it was issued;
2. if the authorised entity ceases the activity covered by the permit or for other reasons, the authorisation has become unconcerned;
3) at the request of the entity covered by the permit;
4) if the authorised entity has not commenced the activity covered by the authorisation within 2 years from the date on which the permit became final;
5) if the authorised entity did not conduct the activity covered by the permit for 2 years.
Chapter 2
Register
Article 49. [ Register of entities introducing products, products in packaging and waste management] 1. The Marshal of the voivodship shall keep a register of entities introducing products, products in packaging and waste management, hereinafter referred to as "the register".
2. The Marshal of the voivodship shall enter the entry in the register upon request or from the office.
3. The entry to the register upon request and the entry in the register ex officio in the case referred to in art. 51 (1) 1 point 6, shall be carried out by the marshal of the voivodship due to the place of residence or the seat of the entity.
4. The item in the register ex officio, in the cases referred to in art. 51 (1) 1 point 1-5, makes the marshal of the voivodship competent due to the place of execution of the activity.
5. The register shall be carried out in a ICT system within the meaning of art. 3 point 3 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114 and 2016 items 352 and 1579).
6. The register is an integral part of the Database of products and packaging and of waste management.
7. The register shall be publicly available, excluding:
1) the terms of the contract, which the placing of equipment within the meaning of the Act of 11 September 2015. with the used electrical and electronic equipment (Dz. U. Entry 1688), hereinafter referred to as "the introduction of equipment", or an authorized representative referred to in art. 26 of this Act, hereinafter referred to as the "authorized representative", concluded with the organization the recovery of electrical and electronic equipment;
2) the documents referred to in art. 53 (1) 7 point 6;
(3) the type and amount of the financial security referred to in Article 3. 27 ust. 1 of the Act of 11 September 2015. with the used electrical and electronic equipment.
8. The register contains links to registries operated in other than the Republic of Poland of the member states within the meaning of the Act of 11 September 2015. with the used electrical and electronic equipment in order to facilitate registration in them.
Article 50. [ Entry to register] 1. The Marshal of the voivodship shall enter the entry in the Register upon request:
1) from the scope of the Act of 11 May 2001. about the obligations of entrepreneurs in the management of certain waste and of the product fee (Dz. U. of 2016 r. items 1478):
(a) introducing products into the territory of the country,
(b) the recovery or recycling of waste generated from the products,
(c) recovery organisation,
(d) the exporting and intra-Community supply of waste arising from the products for recovery or recycling;
2) from the scope of the Act of 20 January 2005. o the recycling of end-of-life vehicles (Dz. U. of 2016 r. items 803):
(a) introducing vehicles,
(b) the driving vehicle collection points,
(c) operators of dismantling stations,
(d) shovels;
3) from the scope of the Act of 11 September 2015. with used electrical and electronic equipment:
(a) introducing equipment or authorized agents;
(b) the collection of equipment used,
(c) the operator of processing,
(d) the organization of recovery of electrical and electronic equipment
(e) operating in the field of recycling,
(f) carrying out activities in the field other than recycling recovery processes;
4) from the scope of the Act of 24 April 2009. with batteries and accumulators (Dz. U. of 2015 items 687 and 1688):
(a) introducing batteries or accumulators;
(b) the operators of waste batteries or accumulators used,
(c) intermediate bodies;
5) from the scope of this Act:
(a) waste holders carrying out the treatment of waste exempted from the obligation to obtain a permit for the treatment of waste, with the exception of those mentioned in Article 45 par. 1 points 2 and 3,
(b) transporting waste,
(c) sellers of waste and waste intermediaries, provided that they are not registered under points 1 and 3 or ex officio;
6) from the scope of the Act of 13 June 2013. the economy of packaging and packaging waste (Dz. U. Entry 888, of 2015 items 1688 and 2016 items 542) entrepreneurs:
(a) the packaging recovery organisations concerned,
(b) making intra-Community supplies:
-packaging waste,
-the products in packages,
(c) exporting:
-packaging waste,
-packaging,
-the products in packages,
(d) recyclers or other recyclability of the recovery of packaging waste,
(e) introducing packaging,
(f) placing products in packages.
2. Prior to the commencing of activities within the scope referred to in paragraph. 1, the entity is obliged to obtain an entry in the register.
3. Activities within the scope referred to in paragraph. 1, may lead only to the entity entered in the register.
4. The provisions of the paragraph. 2 and 3 shall not apply to the introductory equipment which makes use of the power referred to in Article 3. 25 par. 1 of the Act of 11 September 2015. with the used electrical and electronic equipment.
5. An authorized representative shall be required to include in the register the list of the equipment who provided him with the information referred to in Article 5. 25 par. 1 point 2 of the Act of 11 September 2015. with the used electrical and electronic equipment.
Article 51. [ Entry to the register ex officiate] 1. The Marshal of the voivodship shall enter the entry in the register from office:
1) the holder of the waste, which has obtained an integrated permit,
2) the holder of the waste, who has obtained the permit for generation of waste,
3) the holder of the waste, who has obtained the permit for the collection of waste or permit for the treatment of waste,
4) the entity which has obtained a decision approving the extractive waste management programme or the authorisation to operate the mining waste facility,
5) the entity, which obtained the concession for the underground storage of waste under the Act of 9 June 2011. -Geological and Mining Law,
6) the entity which obtained entry in the register of regulated activities in the scope of receiving municipal waste from the owners of the property-on the basis of the Act of 13 September 1996 keeping cleanliness and order in the municipalities (Dz. U. of 2016 r. items 250, 1020 and 1250)
-if they have not obtained an entry in the register on the basis of an art. 50 par. 2.
2. They shall not be entered in the register:
1) a natural person and an organizational unit not being entrepreneurs using waste for their own needs, in accordance with art. 27 ust. 8;
2) an entity wielding the surface of the land on which the municipal sewage sludge is used for the purposes referred to in art. 96 (1) 1 points 1 to 3, exempted from the obligation to obtain a permit for the treatment of waste;
3) an entity carrying out activities other than economic activity in the scope of waste management, which collects packaging waste and waste in the form of used consumer goods, including the collection of medicines and packaging after medicines by pharmacies, acceptance of used consumer goods in shops, waste collection systems in schools, educational and educational establishments, offices and institutions (non-professional activity in the field of waste collection);
4) transporting the waste generated by itself.
Article 52. [ Information contained in the register] (1) In the case of entities entered in the register on request, the register shall contain the following information:
1. the name of the entity and the address of the entity and the address of residence or establishment, and, if the authorized representative is appointed, also the postal code, city, name and number of the street, country, telephone and fax number, e-mail and person to contact, and also the name and address of the manufacturer within the meaning of the Act of 11 September 2015. with the used electrical and electronic equipment, hereinafter referred to as the 'equipment manufacturer', which has designated it;
2) the tax identification number (NIP) and the European tax identification number, if it has been given;
(3) the REGON number, if it has been given;
4) from the scope of the Act of 11 May 2001. about the obligations of entrepreneurs with regard to the management of certain waste and of the product fee with regard to:
(a) an economic operator entering the territory of the country
-information on how to perform the obligation to ensure recovery, and in particular recycling, of waste generated from products,
-the data of the recovery organisation that has taken over the obligation to ensure the recovery and recycling of waste generated from the products, provided that the contract with the recovery organisation has been concluded,
(b) recyclability of waste from products:
-the code and name of the waste to be used for recycling,
-information on the recycling process used,
-the address of the place of business in the field of recycling,
-information on decisions relating to recycling of waste,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
-information on the annual capacity of the recycling plant,
(c) the recovery of waste generated from the products:
-the code and name of the waste to be taken into recovery,
-information on the recovery operation used,
-the address of the place of business of recovery operations,
-information on decisions relating to recovery,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(d) the export of waste generated from the products and the intra-Community supply of waste resulting from the products for recovery and recycling:
-the code and name of the types of waste arising from the products to be adopted for export or intra-Community supply,
-information on decisions related to waste management,
(e) recovery organisation:
-information on the type of products for which the recovery organisation intends to carry out the obligation to provide for the recovery and recycling of waste from them,
-information on the implementation of the quality system, the environmental management system or the absence thereof;
5) from the scope of the Act of 20 January 2005. o the recycling of end-of-life vehicles with regard to:
(a) introducing vehicles:
-information on the type of activity carried out,
-information on the dismantling stations and the collection points of vehicles operating within the vehicle collection network, together with the date on which the station or point operates in the network,
(b) the vehicle collection centre:
-the address of the vehicle collection point,
-information on decisions related to waste management,
(c) the operator of the dismantling station:
-the address of the dismantling station,
-information on the processing processes used,
-information on decisions related to waste management,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(d) the operator of the shredder:
-the address of the shredder,
-information on decisions related to waste management,
-information on the implementation of the quality system, the environmental management system or the absence thereof;
6) from the scope of the Act of 11 September 2015. with used electrical and electronic equipment in relation to:
(a) introducing equipment or an authorised representative:
-information on the type of activity carried out,
-the name of the equipment brand, the number and the name of the equipment group, the type of equipment (equipment intended for the household or equipment other than for the household),
-information on the contract with the organisation of the recovery of electrical and electronic equipment referred to in Article 11 (1) 3 of this Act, and in the case of introducing equipment, which placed on the market equipment intended for households that did not enter into an agreement with the organization of the recovery of electrical and electronic equipment-information about the weight of the equipment that it intends to to be placed on the market in a given calendar year, included in each of the groups of equipment and of the form and amount of the financial collateral referred to in Article 27 ust. 1 of this Act,
-information on the equipment used for the sale of equipment,
-a list of the manufacturers of equipment with which the authorised representative has entered into an agreement referred to in Article 3. 26 par. 3 of that law, including their name and name and address of residence or establishment, in the case of an authorised representative,
(b) collecting of used equipment:
-the number and name of the group of equipment from which the equipment used has been collected,
-the addresses of the places where the equipment used is collected,
-information on decisions related to waste management,
(c) operator of processing:
-the number and name of the group of equipment from which the used equipment was taken up,
-the address of the processing establishment,
-information on the annual capacity of the processing plant,
-information on the collected equipment used, including the addresses of the sites where the equipment used is collected,
-information on decisions related to waste management,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(d) the operator of the recycling activities:
-the code and name of the waste to be taken,
-information on the recycling process used,
-information on the annual capacity of the recycling facility,
-the address of the place of business in the field of recycling,
-information on decisions relating to recycling of waste,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(e) carrying out activities in the field other than recycling of recovery processes:
-the code and name of the types of waste received,
-information on the recovery operation used,
-information on the annual capacity of the recovery facility,
-the address of the place of business of recovery operations,
-information on decisions relating to the recovery of waste,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(f) the organisation of recovery of electrical and electronic equipment
-a list of authorised representatives with information on behalf of and the name and address of the manufacturer of the equipment manufacturers who have appointed them, or the list of the equipment with which the organisation has concluded the agreements referred to in art. 11 (1) 3 of this law, which includes business operators and markings of their premises and registration numbers,
-a certificate issued by a bank carrying an account of an organisation for the recovery of electrical and electronic equipment, with a payment of an amount equal to the amount of the share capital of an electrical and electronic equipment recovery organisation to cover this capital;
7) from the scope of the Act of 24 April 2009. about batteries and accumulators in relation to:
(a) introducing batteries or accumulators:
-information on the type and brand of entering batteries and accumulators,
-information on the way in which the obligations arising from the Act are carried out and, in the case of the fulfilment of obligations by another entity, the data of that entity,
(b) the operator of the treatment of waste batteries or waste accumulators:
-information on the types of batteries and accumulators to be processed and the processing and recycling processes carried out,
-information on decisions related to waste management,
-information on the annual capacity of the processing plant,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(c) the intermediary:
-a list of the batteries or accumulators with which the intermediary has entered into an agreement referred to in Article 3. 28 para. 4 of this law, which includes business companies and markings of their premises and registration numbers,
-information on either the implemented environmental management system or the absence thereof;
7a) from the scope of the Act of 13 June 2013. the management of packaging and packaging waste with regard to:
(a) the packaging recovery organisation:
-an indication of the types of packaging in respect of which the packaging recovery organisation intends to carry out the obligation to provide for the recovery and recycling of packaging waste,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(b) the exporting producers of packaging waste and of operators carrying out intra-Community supplies of packaging waste:
-the code and type of packaging waste to be used to recycle them or to recycle the recovery process outside the national territory,
-information on decisions related to waste management,
(c) recyclers or other recyclers of the recovery of packaging waste:
-the code and type of packaging waste to be used for recycling or other recyclability of the recovery process,
-information on decisions related to waste management,
-information on the recycling process used or other than recycling the recovery process,
-information on the annual capacity of the recycling or recycling facilities, or other recycling facilities,
-information on the place of business of recycling or other recyclability of the recovery process,
-information on the implementation of the quality system, the environmental management system or the absence thereof,
(d) placing products in packages:
-information on how to implement the obligation to ensure the recovery and recycling of packaging waste alone or through the organisation of packaging recovery,
-the packaging recovery organisation concerned, which has taken over the obligation to ensure the recovery and recycling of packaging waste, provided that the contract with the organisation for the recovery of packaging has been concluded,
-information on the membership of the agreement referred to in art. 25 of that law-in the case of introducing products in multi-material packaging or introducing dangerous substances in packages,
(e) the placing of packaging and of exporting products in packages and making intra-Community delivery of the products in packages:
-information on the type of activity carried out,
-information of the type produced, imported from abroad and exported over the packaging border;
8) from the scope of this Act in relation to:
(a) the waste transporting waste, the code and name of the types of waste transported,
(b) the seller of the waste, the code and name of the types of waste purchased and disposed of,
(c) waste-traded intermediary-code and name of the types of waste traded,
(d) the holder of the waste referred to in Article 50 par. 1 point 5 (a) a:
-the code and name of the types of waste processed,
-information on the reason for the exemption from the obligation to obtain a permit for the treatment of waste.
2. In the case of entities entered in the register from office, the register shall contain the following information:
1. the name and address of the entity and the address of residence or establishment;
2) the tax identification number (NIP), if it has been given;
(3) the REGON number, if it has been given;
4) adequate information on the decisions related to the waste management, as well as the decision approving the programme of the management of extractive waste management, the permit to operate the mining waste disposal facility referred to in the Act of 10 July 2008 of extractive waste, concessions for the underground storage of waste referred to in the Act of 9 June 2011. -Geological and Mining Law or on the entry into the register of regulated activities in the area of receiving municipal waste from property owners-on the basis of the Act of 13 September 1996. keeping cleanliness and order in the municipalities;
5) information about the annual capacity of the installation or device;
6) information about the implemented quality system, the environmental management system or the absence thereof;
7) information on the municipalities in which the entity receives municipal waste-in the case of activity covered by the obligation to obtain an entry in the register of regulated activities in the area of receiving municipal waste from the owners of the property;
8) an indication of whether the regeneration of waste oils is carried out-in the case of processing of waste oils.
3. Where the Marshal of the voivodship does not have the information referred to in the paragraph. Article 2 (2) and (3), calls on the entity to provide this information.
4. The subject referred to in paragraph 1. 2, which has implemented the quality system or the environmental management system, shall immediately inform the Marshal of the voivodship.
5. The decisions related to the waste management within the meaning of this Chapter shall be understood to mean:
1) permit for the collection of waste;
2) permit for the treatment of waste;
3. a permit for the manufacture of waste;
4. an integrated permit.
Article 53. [ Submission of the application] 1. The Marshal of the voivodship shall enter the entry in the register at the request of the entity, after stating that the application for entry in the register does not contain formal deficiencies, without delay, however, not later than within 30 days from the date of receipt of the request in writing.
2. The application for entry in the register shall be filed by filling in the register form posted on the website, specified in the regulations issued on the basis of art. 84, and in written form.
3. Foreign entrepreneur performing activities within the scope referred to in art. 50 par. 1, submits an application for entry in the register:
1) through the person authorized to represent it, in accordance with art. 87 of the Act of 2 July 2004. on the freedom of economic activity, to the Marshal of the Voivodeship competent for the seat of the branch-if he established a branch in Poland;
2) directly to the Marshal of the Province of Mazowiecki-if he has not established a branch in Poland.
3a. Foreign Entrepreneur, which enters batteries or accumulators within the meaning of the Act of 24 April 2009. about batteries and accumulators, submits an application for entry in the register:
1) through the person authorized to represent it, in accordance with art. 87 of the Act of 2 July 2004. on the freedom of economic activity, to the Marshal of the Voivodship competent for the seat of the branch-if he established a branch in the territory of the Republic of Poland;
2) through the intermediary party with which he has entered into an agreement referred to in art. 28 para. 4 of the Act of 24 April 2009. about batteries and accumulators, to the Marshal of the Voivodship competent due to the headquarters of the intermediary-if it has not established a branch in the territory of the Republic of Poland.
4. (repealed)
5. The application for entry in the register shall include in particular:
1. the name of the entity and the address of the entity and the address of residence or establishment, and, if the authorized representative is appointed, also the postal code, city, name and number of the street, country, telephone and fax number, e-mail and person to contact, and also details of the manufacturer of the equipment which has designated him, including information on behalf of and the name and address of residence or establishment, and a list of the equipment which may exercise the authority referred to in Article 4 (1). 25 par. 3 of the Act of 11 September 2015. with used electrical and electronic equipment,
2) the tax identification number (NIP), if it has, and in the case of introducing batteries or accumulators-also the European number of the tax identification, if it has been given,
(3) the REGON number, if it is given,
4) the name of the person completing the registration form
-and, as appropriate, the information referred to in Article 52 par. 1, according to the scope of activity.
6. An entity performing activities in more than one extent, referred to in art. 50 par. 1, shall submit one application for entry in the register. The request shall include all the required information as referred to in Article. 52 par. 1, according to the range of activities which the entity intends to carry out.
7. The application for entry in the register, submitted in written form, shall be attached:
1. in the case of all entities:
(a) a certified copy of the proof of payment of the registration fee, provided that the trader is subject to the obligation to pay it,
(b) a statement of compliance with the requirements necessary for entry in the register or a statement of absence of the circumstances resulting from the deletion of the register and a statement confirming that the data contained in those applications are in accordance with the facts;
2) in the case of introducing equipment or authorized representative:
(a) an authenticated copy of the contract with the organization of recovery of electrical and electronic equipment, if concluded,
(b) a document proving the financial security referred to in Article 3. 27 ust. 1 of the Act of 11 September 2015. of the used electrical and electronic equipment, provided that the financial security is required,
(c) an authenticated copy of the contract referred to in Article 26 par. 3 of the Act of 11 September 2015. with the used electrical and electronic equipment-in the case of an authorized representative;
3) in the case of the organization of recovery of electrical and electronic equipment referred to in the Act of 11 September 2015. with used electrical and electronic equipment-a certificate issued by a bank carrying out an account or placement of an organisation for the recovery of electrical and electronic equipment with a payment of an amount equal to the amount of the share capital of the organisation the recovery of electrical and electronic equipment to cover this capital, or a statement of payment of that amount;
4) in the case of the recovery organisation referred to in the Act of 11 May 2001. concerning the obligations of the economic operators in the management of certain waste and of the product fee-a certificate issued by the bank carrying out the salvage organisation account of the payment of an amount equal to the amount of the share capital of the recovery organisation on the the provision of that capital or a statement of payment of that amount;
5. in the case of introducing batteries or accumulators, information confirming the voluntary participation in an eco-management and audit scheme (EMAS), where they participate in an eco-management and audit scheme (EMAS);
6) in the case of introducing vehicles-contracts with entrepreneurs conducting dismantling stations contained in electronic form or copies of these contracts concluded in paper form.
8. The statement referred to in paragraph 1. Article 7 (1) (b) (3) and (4) consists of a penalty of criminal responsibility for making false statements. The applicant shall be obliged to enter the following wording in the declaration: 'I am aware of the criminal responsibility for making a false declaration'. This clause replaces instructing the body of criminal responsibility for making false statements.
9. Marshal of the voivodship shall include in the register the documents referred to in the paragraph. 7, point 6, and make them available at the request of the competent authorities.
Article 54. [ Individual registration number] 1. The Marshal of the voivodship, making an entry in the register, gives the entity an individual registration number.
2. The Marshal of the voivodship shall notify the operator of the number of registered registration number.
3. Upon completion of the activity by the given entity, its registration number shall not be given to another entity.
4. The Minister responsible for the environment will determine, by way of regulation, the manner of granting the registration number, guided by the need to identify the entrepreneurs entered in the register and the setting of one registered number of the account all ranges of business.
Article 55. [ Individual account in Product Data Base for products and packaging and for waste management] 1. The Marshal of the voivodship, making an entry in the register, creates an individual account in the Database of products and packaging data and about the waste management.
2. The Marshal of the voivodship shall notify the entity of the activation of the account referred to in the paragraph. 1, and with the ID (logically) and password of access to this account.
Article 56. [ Entry and security of information] Marshal of the voivodship:
1) introduce the required information referred to in art in the register. 52 par. 1 and 2;
2) protect against loss, store and process the information entered in the register.
Article 57. [ Registration Fee and annual fee] 1. Entry to the register for:
1) introducing equipment and authorized representatives,
2) introducing batteries or accumulators,
3) introducing vehicles,
4. producers, importers and intra-Community purchasers of packaging,
5. introducing products in the territory of the country in packages,
6) entering into the territory of the country of the tyre,
7) introducing lubricating oils into the country
-shall be subject to a registration fee.
2. The registration fee shall not pay the entrepreneur entered in the register provided for in the Act of 15 July 2011. of a national eco-management and audit scheme (EMAS) (Dz. U. Entry 1060) which, when submitting an application for entry in the register, will submit information confirming the voluntary participation in the eco-management and audit scheme (EMAS).
3. The subject referred to in paragraph. 1, entered in the register shall pay by the end of February each year the annual fee for the year.
4. The annual fee shall not be paid in the year in which the registration fee has been paid.
5. Annual fees shall not also pay the entrepreneur referred to in paragraph. 2, in the year in which it obtained the entry in the register.
6. The amount of the registration fee and the amount of the annual fee is between 50 and 2000 PLN.
7. In the case of the pursuit of an activity by the entrepreneur referred to in art. 50 par. 1, in more than one extent, the entrepreneur pays one registration fee, the highest.
8. The Minister responsible for the environment in agreement with the Minister responsible for public finance shall determine, by way of regulation, the amount of the rates:
1) registration fee,
2) annual fee
-taking into account the costs of carrying out the register and that those fees should not prevent the entry in the register or the performance of economic activities, in particular for micro-entrepreneurs and small and medium-sized enterprises.
Article 58. [ Receipts for registration fees and annual fees] 1. The registration payment and the annual fee shall be lodged on a separate bank account of the relevant Marshal's Office.
2. Proceeds from the registration fees and annual fees shall constitute in:
1) 50% income of the voivodship budget;
2) 50% of the revenue of the State budget.
3. The income referred to in paragraph 3. 2, shall be used for the operation of the register and the administration and servicing of the database of products and packages and of waste management.
4. Proceeds from the registration fees and annual fees, increased by the revenue from the interest of bank accounts and reduced by the revenue of the voivodship budget referred to in the paragraph. 2 point 1, the marshal of the voivodship shall be transferred by 30 June of the calendar year following the year in which they were brought into the revenue account of the state budget.
Article 59. [ Application for amendment of the entry in the register] 1. The subject entered in the register shall be obliged to submit to the Marshal of the Voivodeship application to change the entry in the register by filling in the update form posted on the website, specified in the regulations issued on the basis of art. 84, and in written form, in case of change:
1) the information contained in the register,
2) the scope of the activity carried out requiring entry in the register
-within 30 days from the day on which the change occurred.
2. Rules of Art. 53 (1) 1, 3, 4 and 7 shall apply mutatis mutandis.
Article 60. [ Permanent cessation of activities requiring an alert, a request for deletion from the register] 1. In the event of a permanent cessation of the activity requiring entry in the register, the entity shall be obliged, within 14 days from the date of the permanent cessation of the execution of the activity, to the deposit of the Marshal of the Voivodship application for strikeout from the registry.
1a. In the case of designation by the manufacturer of the equipment of an authorized representative in accordance with the provisions of the Act of 11 September 2015. with the use of electrical and electronic equipment and possession of an entry in the register by that authorised representative, placing equipment on the market of equipment from that manufacturer may be submitted to the Marshal of the Province of Poland a request to be removed from the register.
2. The Marshal of the voivodship shall draw the entity from the register, by decision.
3. Rules of Art. 53 (1) 1 and 3-4 shall apply mutatis mutandis.
4. Marshal of the voivodship shall permanently prevent the loss and unauthorised access of the information contained in the register concerning the entity removed from the register and the information that has changed.
Article 61. [ Delegation] The Minister responsible for the environment shall determine, by means of a regulation, the models of the registration form, the updating form and the form to be removed from the register, guided by the need to harmonise the applications, to facilitate their transmission and the identification of the subject to be entered in the register.
Article 62. [ Refusal to register] The Marshal of the voivodship shall refuse, by means of a decision, an entry in the register where the entity:
1) has not paid the registration fee at the required height;
2) which is introducing equipment which places on the market equipment intended for the household, has not contributed in the required amount of financial security referred to in art. 27 ust. 1 of the Act of 11 September 2015. with used electrical and electronic equipment;
3) being an organization for the recovery of electrical and electronic equipment has not paid into the bank account in the bank carrying out the account of that organization of the share capital at the required amount referred to in art. 63 par. 1 of the Act of 11 September 2015. with used electrical and electronic equipment;
4) being the organization of recovery referred to in the Act of 11 May 2001. o the obligations of entrepreneurs with regard to the management of certain waste and of the payment of the product fee, have not paid into the bank account in the bank holding the bank account of the organization of the recovery of the share capital in the required amount referred to in art. 6 para. 1 of this Act.
Article 63. [ Registration Number on Documents] Entity referred to in Article 57 (1) 1, shall be required to place the registration number on documents drawn up in connection with the activities carried out.
Article 64. [ Deletion of the entity from the register ex officiate] 1. The Marshal of the voivodship shall officiate, by decision, the removal of the entity from the register in the case of:
1) non-payment of the annual fee, in cases where it is required;
2) the revocation or expiry of decisions related to the waste management;
3) statements of gross irregularities in the performance of duties specified in the provisions of the Act;
4) statements of gross irregularities in the performance of the duties set out in the provisions of the Act of 11 May 2001. on the obligations of entrepreneurs with regard to the management of certain waste and on the payment of the product fee, of the Act of 20 January 2005. o the recycling of end-of-life vehicles, the Act of 24 April 2009. on batteries and accumulators, of the Act of 13 June 2013. about the economy of packaging and packaging waste and the Act of 11 September 2015. with used electrical and electronic equipment;
5. establishing a permanent cessation of performance by an entity of activity that requires entry in the register;
6) not bringing in the required amount of financial security referred to in art. 27 ust. 1 of the Act of 11 September 2015. with used electrical and electronic equipment-in the case of introducing equipment which has placed on the market equipment intended for households;
7) the failure of the certificate or the document confirming the amount of the bank guarantee or insurance guarantee referred to in art. 64 of the Act of 11 September 2015. with used electrical and electronic equipment;
(8) non-provision of the attestations referred to in Article 6 para. 4a of the Act of 11 May 2001. about the obligations of entrepreneurs in the management of certain waste and of the product fee.
2. If an entity conducts an activity covered by the obligation of entry in the register in more than one extent, and the conditions referred to in paragraph 1 shall be entered in the register. 1, they concern only certain areas of activity and the entity did not apply with the request referred to in art. 59 or Art. 60, the marshal of the voivodship shall officiate, by means of a decision, the amendment of the entry in the register to the appropriate extent.
Article 65. [ Application of the Administrative Procedure Code] 1. The application for entry in the register and the application for the amendment of the entry in the register shall apply the art. 64 of the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23, 868, 996 and 1579).
2. The written request for entry in the register, the application for amendment of the entry in the register and the request for deletion from the register shall be the printout of the completed form bearing the signature of the applicant or the completed form in electronic form bearing the a qualified electronic signature or signature of a confirmed ePUAP Trusted Profile.
CHAPTER V
Waste records and reporting
Chapter 1
Waste records
Article 66. [ Waste records] 1. The holder of the waste shall be obliged to keep up to date their quantitative and qualitative records in accordance with the waste catalogue specified in the provisions issued on the basis of art. 4 par. 3, hereinafter referred to as "waste records".
2. In the case referred to in art. 28 para. 1, to keep records of the waste generated, the entity to which responsibility for the waste is transferred is obliged to keep the records.
3. Waste sales and waste intermediary, other waste-holders, shall be required to keep on-going quantitative and qualitative records of hazardous waste.
4. The obligation to keep a record of waste shall not apply:
(1) manufacturers:
(a) municipal waste,
(b) waste in the form of end-of-life vehicles, if these vehicles have been transferred to the operator of the dismantling station or the operator of the vehicle collection centre;
2) individuals and business units other than entrepreneurs who use waste for their own needs, according to art. 27 ust. 8;
3) the entities referred to in art. 45 par. 1 point 1;
4) the types of waste or the amount of waste specified in the provisions issued on the basis of the mouth. 5.
5. The Minister responsible for the environment will determine, by means of a regulation, the types of waste or the amount of waste for which there is no obligation to keep a record of waste, guided by their harmfulness and the need for facilitation in the event of small quantities of waste generation.
Article 67. [ Documents of waste records] 1. The collection of waste shall be carried out using the following documents:
1. in the case of holders of waste:
(a) the waste transfer card,
(b) the waste records card,
(c) the records of municipal sewage sludge records,
(d) the records of the records of waste electrical and electronic equipment,
(e) record sheets of end-of-life vehicles;
2) in the case of the seller of waste and an intermediary in the circulation of waste, non-waste-holders-the records of the hazardous waste records.
2. In the case of the holder of the waste transferring waste for storage and the management of the landfill of waste, the records of the waste shall include in addition the documents referred to in Chapter VIII of Chapter 1:
1) the basic characteristics of the waste;
2) the results of the conformity tests.
3. Documents of the records of the waste referred to in paragraph. 1 point 1, shall contain the following information:
1. the name or name of the holder of the waste and the address of residence or establishment;
2) the destination of the waste-in the case of the waste generator;
3) ways of managing the waste, as well as data on their origin-in the case of the waste holder carrying out the treatment of waste;
(4) the place of origin of the waste and, as appropriate, the place of destination, the frequency of waste collection, the mode of transport and the intended method of treatment
4. The records of the hazardous waste records shall contain the following information:
1) the name or name of the entity referred to in art. 66 (1) 3, and the address of residence or establishment;
2) the name or name of the holder of the waste transferring the waste and the address of residence or establishment;
3. the name or name of the holder of the waste receiving the waste and the address of his or her residence or establishment;
4) designation of the type and quantity of the waste.
5. Waste disposal may be carried out in a computerised system which enables the certification of the records of the waste by means of an electronic signature.
Article 68. [ Designs of waste records] 1. The Minister responsible for environmental matters shall determine, by means of regulations, the model documents of the records of the waste referred to in art. 67 par. 1.
2. The Minister responsible for the environment shall issue the regulation referred to in paragraph. 1, guided by the need to harmonise the documents of the waste records and the need to ensure quantitative and qualitative checks:
1) the waste produced, collected and processed;
(2) the marketing of waste, with particular regard to the requirements laid down in Article 67 par. 3 points 4 and art. 89.
Article 69. [ Waste Transfer Card] 1. The transfer card of the waste shall be made by the holder of the waste, which shall transmit
2. The transfer card shall be made in the appropriate number of copies-one for each of the holders of the waste, who takes over the waste.
3. The holder of the waste, who takes over the waste from another holder, shall be obliged to confirm the take-over of the waste on the transfer card of the waste filled by the holder, who shall transfer the waste, immediately after receiving it.
4. Non-regulation of the waste transfer card shall be allowed if one of the holders of the waste is not covered by the obligation to keep a record of the waste.
5. The drawing up of a pooled waste transfer card, including waste of a given type, transferred in total during a calendar month, through the same transporting waste carrying out a waste transport service the holder of the waste. The collection of the waste transfer card shall be drawn up immediately after the end of the month to which it relates.
Article 70. [ Keeping the records of the waste records] 1. The holder of the waste shall keep a register of waste records for each type of waste separately, with the following:
1) for municipal sewage sludge used for the purposes referred to in art. 96 (1) 1-the manufacturer of these sludge maintains a register of municipal sewage sludge records;
2) for waste electrical and electronic equipment-the entrepreneur conducting the processing plant within the meaning of the Act of 11 September 2015. the waste electrical and electronic equipment used shall keep a record sheet of the waste electrical and electronic equipment used;
3. for end-of-life vehicles, the operator of the dismantling station or the vehicle collection centre referred to in the Act of 20 January 2005. o the recycling of end-of-life vehicles shall keep a record sheet of end-of-life vehicles.
2. Entry to the records of the records of the waste referred to in art. 67 par. 1, shall be carried out immediately after the end of the month to which they relate.
Article 71. [ Simplified waste records] Simplified waste records using only the waste transfer card shall lead to:
1. entities which:
(a) produce hazardous waste in quantities of up to 100 kilograms per year,
(b) produce waste other than hazardous waste, other than municipal waste, up to 5 tonnes per year;
2) transporting waste which exclusively carries out a waste transport service;
3) the ruler of the earth, on which municipal sewage sludge is used for the purposes referred to in art. 96 (1) 1 points 1-3.
Article 72. [ Storing and making available records of waste records] 1. The holder of the waste shall be obliged to store the records of the records of the waste referred to in art. 67 par. 1, for a period of 5 years, counting from the end of the calendar year in which these documents were drawn up, subject to art. 116.
2. The holder of the waste shall be obliged to make the records of the waste records available at the request of the authorities competent to carry out the inspections.
3. Marshal of the Voivodship due to the place of reception of municipal waste, generation, waste treatment or the place of residence or the place of residence of the transporting waste performing the waste transport service, by decision, obliges the holder of the waste for the submission of the records of the waste records, where the report referred to in Article 73 and Art. 75, raises doubts as to the correctness of the fulfilment or when it is necessary to conduct other environmental proceedings belonging to its properties.
Chapter 2
Reporting on products, packaging and waste management
Article 73. [ Annual report on products, packaging and waste management] 1. The annual reports on products, packages and the management of the waste therefrom shall be drawn up:
1) introducing packaging and exporting packaging, referred to in the Act of 13 June 2013. the management of packaging and packaging waste;
2) introducing products in packages, exporting and carrying out intra-Community delivery of the products in packages referred to in the Act of 13 June 2013. the management of packaging and packaging waste;
3. Introducing into the territory of the country the products referred to in the Act of 11 May 2001. the obligations of economic operators with regard to the management of certain waste and of the payment of the product;
4) introducing vehicles referred to in the Act of 20 January 2005. the recycling of end-of-life vehicles;
5) introducing equipment or authorized representative;
6) Submittance of batteries or accumulators referred to in the Act of 24 April 2009. about batteries and accumulators.
2. The report referred to in paragraph 2. 1, shall include in particular:
(1) the identity of the entity:
(a) the registration number,
(b) the name and address of the entity and the address of residence or place of establishment,
(c) the tax identification number (NIP), if any, and in the case of a battery or accumulator, also the European number of the tax identification, if any,
(d) the REGON number, if it has been granted;
2. as regards packaging and packaging waste, information on:
(a) the mass produced and imported from the border of the packages according to the types of materials for which they were made, including:
-reusable packaging,
-to comply with the restrictions imposed by Article 11 (1) 1 point 2 of the Act of 13 June 2013. the economy of packaging and packaging waste,
(b) the weight of the packages in which the products have been placed on the market, broken down by their respective types,
(c) the weight of the recovery and recycling of packaging waste, broken down by type, and by breakdown into waste from households and from other sources than households, and by way of their recovery and recycling,
(d) the levels of recovery and recycling of packaging waste, broken down by different types,
(e) the amount of the product levy due, calculated separately, broken down by type of packaging, in the event of failure to achieve the required level of recovery or recycling,
(f) the mass exported over the packaging limit, by the types of materials for which they have been manufactured, specifying reusable packaging, in the case of an undertaking which exports or makes intra-Community delivery of packages or products in packages,
(g) information on the way in which public education campaigns are carried out and, in the case of self-execution, of the public educational campaigns carried out by the entrepreneur, together with an indication of the the costs incurred for that purpose;
3) in respect of the products listed in Annex 4a to the Act of 11 May 2001. the obligations of economic operators with regard to the management of certain waste and of the product fee, broken down by type of product, as defined in that Annex, with:
(a) the weight of the products entered in the territory
(b) the mass recovered and the recycling of the post-mortem waste,
(c) the levels of recovery and recycling of post-mortem waste,
(d) the amount of the product levy due, calculated separately for each of the products listed in Annex 4a to that law, in the event of failure to achieve the required recovery and recycling rates;
4. in respect of vehicles, information on:
(a) the number of vehicles entered in the national territory during the year,
(b) the number of days in which there is no further dismantling or collection centres to be provided for the collection network,
(c) the amount of the fee due for the absence of a collection network;
5) in the field of equipment and waste equipment within the meaning of the Act of 11 September 2015. with used electrical and electronic equipment:
(a) information on:
-the weight of the equipment placed on the market, broken down by group of equipment,
-the weight of the collected equipment harvested, the mass of the waste equipment used, and the mass of the waste generated from waste recycled equipment other than the recycling of recovery and disposal operations,
-the mass of waste generated from waste equipment exported from the territory of the country in order to recycle them other than the recycling of recovery operations and disposal,
-the minimum annual level of collection of the equipment used, the level of recovery and the level of preparation for re-use and recycling of the equipment used,
-the amount of the product levy due, calculated separately, for each group of equipment, if the required minimum level of collection of the equipment used, the level of recovery or the level of preparation for re-use is not met. and recycling of waste equipment,
(b) a list of the processing establishments from which the implementing equipment or the authorised representative has the contract referred to in Article 3 (1) of the EC Regulation. 23 (1) 1 of the Act of 11 September 2015. with a used electrical and electronic equipment, containing:
-the name and address of the entity and the address of residence or place of establishment,
-the tax identification number (NIP), if it is given,
-the REGON number, if it is given,
-the addresses of the processing facilities,
-the number and name of the group of equipment from which the operator used the used equipment was established,
-information on the processing capacity of processing plants,
-an indication of the duration of the contracts with the processing facilities,
(c) information on the public educational campaigns carried out, including an indication of the amount of resources earmarked for this purpose or the amount of the measures to be taken, as referred to in Article 3. 15 para. 3 point 2 of the Act of 11 September 2015. with used electrical and electronic equipment;
6. in terms of batteries and accumulators and waste batteries and waste batteries:
(a) information on the type and mass of the batteries and accumulators placed on the market,
(b) a list of the facilities for the processing of waste batteries or accumulators from which the rechargeable batteries or accumulators have entered into an agreement as referred to in Article 3 (1) of Regulation (EC) No servatories. 36 ust. 1 of the Act of 24 April 2009. about batteries and accumulators, containing by:
-the registration number of the operator of the waste batteries or accumulators used,
-the name and address of the operator of the treatment of waste batteries or accumulators,
-the tax identification number (NIP) of the operator of the waste batteries or accumulators used, if it is given,
-the REGON number for the processing plant of waste batteries or accumulators, if any,
-information on the mass and types of processed waste batteries and waste batteries, within the meaning of the Act of 24 April 2009. about batteries and accumulators,
(c) information on the amount of resources allocated to public educational campaigns and the way in which these measures are used,
(d) in the case of used portable batteries and used portable batteries:
-information on the achieved levels of collection of waste portable batteries and used portable batteries,
-information on the amount of the product levy due-in the event of failure to achieve the required levels of collection of waste portable batteries and used portable batteries,
-a list of the collection points of used portable batteries or used portable batteries operated by the accumulating waste batteries or used batteries, with which the placing of batteries or accumulators has entered into an agreement referred to in Article 3 (1) of Regulation (1) (a). 32 par. 1 of the Act of 24 April 2009. about batteries and accumulators, and a list of reception places from which the collecting spent batteries or spent batteries receives used portable batteries or spent portable batteries.
3. The report referred to in paragraph 1. 1, in the case of introducing equipment referred to in art. 2. 3 of the Act of 11 September 2015. with the used electrical and electronic equipment, it shall not contain the information referred to in paragraph 1. 2 point 5 (a) the second, third and fourth indents, and the list of processing establishments referred to in paragraph 1. 2 point 5 (a) b.
Article 74. [ Organisation for the recovery of electrical and electronic equipment, report, liquidation, declaration of bankruptcy] 1. Where:
1) the obligation laid down in Article 3 para. 1 of the Act of 11 May 2001. the obligations of entrepreneurs with regard to the management of certain waste and of the payment of the product,
2) obligations introducing the equipment specified in the Act of 11 September 2015. with used electrical and electronic equipment,
3) the obligation laid down in Article 17 para. 1 of the Act of 13 June 2013. about the economy of packaging and packaging waste
-shall carry out the recovery organisation or the organisation of the recovery of electrical and electronic equipment or the organisation for the recovery of packages, as appropriate, the annual report referred to in Article 4. 73 (1) 1, in the performance of these duties, shall be drawn up by that organisation.
1a. In the case of an authorised representative, the report referred to in Article 73 (1) 1, shall prepare the organization of recovery of electrical and electronic equipment referred to in the Act of 11 September 2015. of the used electrical and electronic equipment; the report shall be accompanied by a list of the introduction of the equipment referred to in Article 4 (1). 25 par. 3 of the Act of 11 September 2015. with the used electrical and electronic equipment.
2. The report referred to in paragraph 2. 1, contains the information referred to in art. 73 (1) 2. 1, as well as the information specified in:
1. 73 (1) 2 point 2 (a) a-f-in the case of the packaging recovery organisation referred to in the Act of 13 June 2013. the management of packaging and packaging waste;
2. Article 73 (1) 2 point 3-in the case of the recovery organisation referred to in the Act of 11 May 2001 the obligations of economic operators with regard to the management of certain waste and of the payment of the product;
3. Article 73 (1) 2 point 5 and the list of entrepreneurs for which the organization of the recovery of electrical and electronic equipment carried out the obligations set out in the Act of 11 September 2015. with the used electrical and electronic equipment-in the case of the organization of recovery of electrical and electronic equipment.
3. In the event of the opening of liquidation or the declaration of bankruptcy of the packaging recovery organization, the obligation accepted by it shall again become, with the date of the opening of liquidation or the announcement of bankruptcy, the obligation to apply the products in packages, from it has been taken over, in respect of the weight of the packages which it has placed on the market as from 1 January of the calendar year in which the winding-up or the declaration of bankruptcy of the packaging recovery organisation has been opened.
3a. The report of the packaging recovery organisation shall in addition:
1) a list of the entrepreneurs from whom the packaging recovery organization has taken over the obligation laid down in art. 17 para. 1 of the Act of 13 June 2013. the management of packaging and packaging waste;
2) information on the organization of the recovery of packaging of public education campaigns together with an indication of the costs incurred for this purpose;
(3) a list of the holders of the waste to which the packaging recovery organisation has commissioned in the calendar year to which the report relates, the performance of the operations referred to in Article 3. 17 para. 7 of that law, including:
(a) the name or name and address of the holder of the waste,
(b) the tax identification number (NIP) of the holder of the waste, if it has been granted,
(c) the REGON number of the holder of the waste, if it has been granted,
(d) the determination of the operations which have been commissioned to the holder of waste in the management of packaging waste,
(e) the determination of the types of packaging waste in respect of which the holder of the waste has been commissioned to carry out packaging waste management tasks,
(f) the determination of the time period for which an agreement has been concluded to instruct the holder of the waste management to carry out the packaging waste management activities.
4. (repealed)
5. (repealed)
6. The organization of recovery of electrical and electronic equipment referred to in the Act of 11 September 2015. with the used electrical and electronic equipment, shall submit a report covering the information referred to in Article 73 (1) In accordance with Article 2 (2) of Regulation (a), (2), (2) (a), (b) and (2) (a),
7. Organisation of recovery referred to in the Act of 11 May 2001. about the obligations of entrepreneurs with regard to the management of certain waste and of the product fee, to the annual report referred to in paragraph. 1, attaching the list of entrepreneurs on behalf of which it operates.
Art. 74a. [ Annual report of the organisation for recovery of electrical and electronic equipment] Organization of recovery of electrical and electronic equipment referred to in the Act of 11 September 2015. with the use of electrical and electronic equipment, shall be required to draw up an annual report on:
1) introducing the equipment with which the organization has concluded the agreements referred to in art. 11 (1) 3 of this law, which includes business operators and markings of their seats and registration numbers;
2) the mass of waste electrical and electronic equipment collected, subjected to processing within the meaning of the Act of 11 September 2015. with the used electrical and electronic equipment, recovery, including recycling, and disposal;
3) the levels of collection, recovery and preparation for re-use and recycling of waste electrical and electronic equipment;
4) the public educational campaigns carried out by it, together with an indication of the amount of resources earmarked for this purpose, referred to in art. 62 ust. 2 or 3 of this Act;
Article 75. [ Annual report on waste produced and on waste management] 1. The annual report on waste generated and the management of waste shall be drawn up:
1) the manufacturer is obliged to keep records of the waste;
2. the operator of waste management, excluding municipal waste receiving waste, in the following areas:
(a) waste collection,
(b) waste treatment
-to keep records of waste;
(3) an entity engaged in the extraction of waste from a landfill or from a waste site, on the basis of consent to the extraction of waste or a decision approving a waste storage facility in the phase in-service.
2. The annual report referred to in paragraph 2. 1, shall include in particular:
1. the identity of the entity referred to in paragraph 1. 1:
(a) the registration number,
(b) the name and address of the entity and the address of residence or place of establishment,
(c) the tax identification number (NIP), where it has been granted,
(d) the REGON number, if it has been granted;
2) in the case of the entity referred to in paragraph. 1-Information about:
(a) the mass and types of waste,
(b) the way in which waste is managed, if the operator is waste management,
(c) installations and equipment for the treatment of such waste, provided that the entity processes waste,
(d) the information referred to in Article 99 par. 1-in the case of the holder of waste from the production processes of titanium dioxide and from the treatment of such waste;
3) in the case of the manufacturer of municipal sewage sludge used for the purposes referred to in art. 96 (1) 1-Information about:
(a) the mass of municipal sewage sludge produced and delivered for use,
(b) compositions and municipal properties of sewage sludge,
(c) the treatment carried out,
(d) the land of the land on which the municipal sewage sludge is used, stating the name or name of the operator and the address of his residence or establishment,
(e) the place of use of municipal sewage sludge,
(f) the purpose of the use of municipal sewage sludge;
4) in the case of the entrepreneur operator of the vehicle dismantling station referred to in the Act of 20 January 2005. o recycling of end-of-life vehicles-information on:
(a) the number, markings, weight and year of production of vehicles and the weight of end-of-life vehicles accepted at the dismantling station,
(b) the mass of waste treated with recovery, including recycling, and submitted for recovery, including recycling, and the mass intended for the re-use of items of equipment and parts removed from end-of-life vehicles,
(c) the weight of the waste treated or disposed of for disposal,
(d) the operators to whom the waste for recovery has been transferred, including recycling, with the company, registered office and address,
(e) the operators to whom the waste is transferred for disposal, including the trader's company, the designation of his premises and the address,
(f) the dismantling and recycling level achieved at the station concerned,
(g) the amount of the fee due for the failure to achieve the required recovery and recycling levels;
5) in the case of the entrepreneur of the shredder referred to in the Act of 20 January 2005. o recycling of end-of-life vehicles-information on:
(a) the results of an attempted shredding of waste from end-of-life vehicles if the year to which the report attempts to shrew waste from end-of-life vehicles has been carried out,
(b) the mass of waste destined for recycling, energy recovery and disposal, resulting from the shredding of waste from end-of-life vehicles;
6) in the case of collecting of used equipment within the meaning of the Act of 11 September 2015. with used electrical and electronic equipment-information about:
(a) the mass of waste electrical and electronic equipment collected and transferred to the processing undertaking,
(b) addresses of collection points for waste electrical and electronic equipment;
7) in the case of the operator of processing within the meaning of the Act of 11 September 2015. with used electrical and electronic equipment-information about:
(a) the address of the undertaking
(b) the mass of waste electrical and electronic equipment accepted by the operator, together with the number and the name of the group of equipment from which the used equipment was used,
(c) the code, the type and weight of waste generated from waste equipment, transmitted to the operator of the recycling activities other than the recycling of recovery or disposal operations, and the weight of the waste equipment used, as well as the code and weight of the waste of the equipment used for re-use, together with the type of process used in the processing plant,
(d) the code, type and mass of waste generated from waste equipment exported from the territory of the country for recycling, other than recycling of recovery or disposal operations;
8) in the case of the operator of the recycling activity and the operator of activities in the scope of other than recycling the recovery processes referred to in the Act of 11 September 2015. with the used electrical and electronic equipment-information on the code and mass of waste generated from used equipment accepted and recycled or recycled, as appropriate, to the recycling of recovery processes, including the type of process;
9) in the case of the operator of the collection of waste batteries or waste batteries-information on the mass of the collected used portable batteries or of used portable batteries, total and broken down by individual to enter batteries or accumulators with which this collector has an agreement as referred to in Article 32 par. 1 of the Act of 24 April 2009. about batteries and accumulators or pooled information about the mass of collected waste portable batteries and used portable batteries in the event of a collector who has a signed contract with the intermediary, referred to in the Act of 24 April 2009 about batteries and accumulators;
10. in the case of the operator of the treatment of waste batteries or spent batteries, information on:
(a) the nature and weight of the batteries used and the accumulators used,
(b) the type and weight of the used batteries and accumulators used,
(c) the levels of recycling achieved,
(d) the levels of recycling efficiency achieved.
Article 76. [ The deadline for reporting] 1. The entities required to draw up the reports referred to in art. 73, art. 74a and art. 75, they shall submit them by 15 March for the previous calendar year of the Marshal of the voivodship to the competent authority due to:
1. establishment or residence of the trader-in the case of a report on the products, packaging and management of the waste therefrom and reports on the performed public educational campaigns; in the absence of a registered office or the place of residence on the territory of the Republic of Poland the competent locality is the Marshal of the Mazowiecki Province;
2) the place of manufacture, collection or treatment of waste-in the case of a report on the waste generated and the management of waste.
2. The reports shall be entered into the Database of products and packages and about the management of waste by filling in the electronic form posted on the website specified in the regulations issued on the basis of art. 84 through an individual account referred to in art. 55 par. 1.
3. In the event of a permanent cessation of the activity, the entrepreneur shall draw up and report the reports referred to in art. 73, art. 74a and art. 75, within 7 days from the date of cessation of the exercise of this activity.
4. The Minister responsible for the environment shall determine, by means of a regulation, the model forms of the reports referred to in Article 4 (1) of the Regulation. 73, art. 74a and art. 75, bearing in mind the need to diversify the content of the reports according to the type of activity carried out by the entrepreneur, to facilitate the transfer of data to the marshal of the voivodship and the need for efficient and timely information to the Database for products and packaging and for waste management.
5. To the date of submission of the reports referred to in art. 76 (1) 1, Article shall apply. 57 § 4 and 5 of the Act of 14 June 1960 -Administrative Code of Conduct.
Article 77. [ Verification of information contained in the reports] 1. The Marshal of the voivodship shall verify the information contained in the reports referred to in art. 73, art. 74a and art. 75, for the previous calendar year, by 30 September of the following year, with that in respect of the report referred to in Article 1 (1) of the Financial Regulation. 73 (1) 2 points 6 and 3 75 par. 2 points 9 and 10-by 15 April of the following year.
2. If from the verification referred to in paragraph. 1, it follows that the information contained in the report is inconsistent with the factual state, the Marshal of the voivodship calls in writing to revise the report, specifying the deadline for the transmission of the correction not longer than 14 days from the date of receipt of the call. Article Recipe 76 (1) 2 shall apply mutatis mutandis.
3. In the event of failure to revise the report within the prescribed period, referred to in paragraph. 2, it is considered that the holder of the waste has not performed the obligation to submit the report.
Article 78. [ Storing documents] 1. The documents on the basis of which the reports shall be drawn up shall be kept for 5 years from the end of the calendar year to which they relate.
2. The management of the landfill, and, in the absence of the ruler of the land, shall store the documents referred to in paragraph. 1, pending the closure of the landfill site.
3. The management of the landfill shall forward the documents on the basis of which the annual report on the waste generated and the management of waste, the next management of the landfill or the ruler of the earth is drawn up.
4. The obligation to draw up reports shall expire within 5 years from the end of the calendar year for which the reports should have been drawn up.
CHAPTER VI
Database of products and packaging and waste management
Article 79. [ Database product and packaging database and waste management] 1. The database of products and packaging and of waste management, hereinafter referred to as 'BDO', shall be established.
2. In BDO collects information about:
(1) the packaging, the packaging of products on the territory of the country, broken down by type of packaging, and the waste arising therefrom;
2. the lubricating oils, the tyres and the waste therefrom entering the country;
3) introduced vehicles, used electrical and electronic equipment, batteries and accumulators as well as the waste arising from them;
4) achieved levels:
(a) the recovery and recycling of waste generated from the packaging and products referred to in points (1) and (2),
(b) recovery and recycling of vehicles,
(c) collection, recovery, preparation for re-use and recycling of waste electrical and electronic equipment,
(d) the collection, recycling and efficiency of the recycling of waste batteries and waste accumulators;
(5) the types and quantities of waste produced and their manufacturers;
6) the quantity and quality of municipal sewage sludge, their manufacturers, application sites and entities within the surface of the land on which these sediments have been applied;
7) the type and quantity of waste subjected to processing and applied processing processes;
(8) waste management decisions, including waste generation and integrated licences, decisions approving the programme for the management of extractive waste management and authorisations for the disposal of waste facilities extractive;
9) other than those mentioned in point 8 of decisions issued on the basis of this Act;
10) transboundary shipments of waste, including packaging waste, waste batteries and waste batteries, waste electrical and electronic equipment;
11) the proceeds of the product fees with interest, broken down by type of packages and products, as well as the entities which have paid these fees;
12) (repealed)
(13) landfills, broken down by landfill in the operational and in-service phases, including information about closed landfill sites during the monitoring, closed landfills for which monitoring has been completed, with the coordinates of the location of the landfill sites as defined in the State Spatial Reference System and the types of waste stored, with particular regard to landfill sites where asbestos-containing waste is stored or isolated parts on the premises of the landfills included in the landfills other than hazardous and inert, intended to store only waste containing asbestos;
14) the different types of installation for waste management, including their location, the capacity and the type of technology used, and the quantities and types of waste processed in those installations;
15) entities receiving municipal waste from property owners along with information on the amount of municipal waste received, by the division to be received selectively and mixed, with the extraction of municipal waste biodegradable;
16) the management of municipal waste in the area covered by the annual report on the implementation of the tasks referred to in art. 9q and art. 9s of the Act of 13 September 1996. keeping cleanliness and order in the municipalities.
3. The BDO also contains information covered by the register.
4. The BDO shall also collect the information necessary to carry out the duties referred to in art. Article 3 (3) of Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (Dz. Urz. EC L 332 of 09.12.2002, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 7, p. 257).
Article 80. [ Powers of the Marshal of the State in the scope of BDO] 1. Marshal of the voivodship:
1) conducts and updates BDO, including the register;
2) collect, process, store and protect against loss of data and information collected in BDO;
3) ensures the security of the data and information collected and processed and the documents it has received in connection with the conduct of the BDO, in accordance with the provisions of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2016 r. items 922).
2. The Marshal of the voivodship shall immediately verify the information referred to in art. 79 par. 2, on the basis of:
1) the annual reports referred to in art. 73, art. 74a and art. 75;
2) the decisions referred to in art. 79 par. 2 points 8 and 9;
3) separate statutory provisions on the placing of information in BDO.
3. Marshal of the voivodship shall contain in BDO copies of final decisions concerning the management of waste referred to in art. 79 par. 2.
4. The bodies competent to issue decisions in the field of waste management and other decisions issued under this Act shall transmit to the competent Marshal of the voivodship-within not more than 30 days from the date on which the decision became final-copies of final decisions in the form of an electronic document within the meaning of the provisions of the Act of 17 February 2005 r. o computerisation of the activities of entities carrying out public tasks-in order to place them in BDO.
5. The proper marshal of the voivodship referred to in the mouth. 4, is the marshal of this voivodship, the area of which is the area of jurisdiction of the body which issued the decision in I instance.
Article 81. [ BDO Administrator] 1. The BDO Administrator shall be the Minister responsible for environmental matters or the entity designated by him.
2. The entity referred to in paragraph 2. 1, is a unit of public finance sector.
3. The administrator shall coordinate the implementation of the tasks specified in the art. 80 par. 1.
4. The tasks of the BDO administrator shall be financed from the state budget appropriations from the part remaining at the disposal of the Minister responsible for the environment.
Article 82. [ Keeping the BDO in the IT system] 1. BDO is carried out in a computer system within the meaning of art. 3 point 3 of the Act of 17 February 2005. o computerisation of the activities of public entities.
2. BDO is conducted in accordance with the minimum requirements for the information and communication systems and in accordance with the minimum requirements for public registers and the exchange of information in electronic form within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.
Article 83. [ BDO Users] 1. Access to the BDO shall have:
1) the Minister for Environment,
2) the administrator, if it is not the Minister of the Environment,
3) Minister responsible for economic affairs,
4. the minister responsible for agriculture,
5. the minister responsible for transport,
6. the Minister for Health,
6a) minister competent for inland waterway transport,
7) General Director of Environmental Protection and Regional Environmental Protection Directors,
8) the President of the Central Statistical Office and the Directors of Statistical Offs,
9) President of the National Water Management Board and the directors of regional management boards of water management,
10) National Fund for Environmental Protection and Water Management and the voivodship funds of environmental protection and water management,
11) The Main Geodet of the Country,
12) Marshal of the voivodship,
13) wojewoda,
14) starosta,
15) mayor, mayor or president of the city,
16) the organs of the Inspection of Environmental Protection,
17) bodies of the State Sanitary Inspection,
18) the management board of the intercommunal association set up to carry out tasks in the field of municipal waste management
-hereinafter referred to as 'users', except that access to the register shall be carried out in accordance with Article 3. 49 (1) 7.
2. Users have the power to access free of charge to the BDO in relation to their competences and tasks .
3. The BDO Administrator shall cooperate with the Head of the National Criminal Information Centre to the extent necessary for the execution of his statutory tasks.
Article 84. [ Delegation] The Minister responsible for the environment will determine, by means of a regulation:
1) the address of the registry website enabling access to an individual account in BDO,
2) scope of authority for individual users
-with a view to ensuring the efficient processing of information in accordance with the requirements for computerisation of the activities of public bodies, as well as the scope of public tasks carried out by users.
CHAPTER VII
Specific rules for the management of certain types of waste
Chapter 1
PCB and waste containing PCBs
Article 85. [ Prohibition of recovery of PCBs] The recovery of PCBs is prohibited.
Article 86. [ Removal of PCBs] 1. Waste containing PCBs may be processed only after removal from these wastes of PCBs.
2. If the disposal of PCBs from the waste is not possible, the provisions for the disposal of PCBs shall be used for the disposal of waste containing PCBs.
Article 87. [ Disposal of PCBs] 1. PCBs shall be disposed of by incineration in waste incineration plants.
2. The disposal of PCBs in the disposal processes of D8, D9, D12 and D15, as listed in Annex no 2 to the Act, shall also be authorised if the technique used in these processes ensures safe for the environment and for human life and health the disposal of PCBs.
Article 88. [ Prohibition of burning of PCBs on ships] The burning of PCBs in ships shall be prohibited.
Article 89. [ Information on PCB content in waste] Information on the content of the PCBs in the waste shall be included in the waste records tab.
Chapter 2
Waste oils
Article 90. [ Collecting waste oils] 1. Waste oils shall be collected separately as far as technically feasible.
2. In cases where this is technically feasible and economically viable waste oils of different characteristics should not be mixed, if the blending constitutes an obstacle to their processing. This prohibition shall also apply to the mixing of waste oils with other waste or substances.
Article 91. [ Processing of waste oils] 1. Waste oils should be processed in accordance with the hierarchy of ways of handling the waste and the requirements of protecting the life and health of people and the environment, including without adverse effects on the countryside or places of special importance, in It is also a natural or cultural nature.
2. Waste oils should be regenerated in the first place.
3. If the regeneration of waste oils is not possible due to the degree of their contamination, these oils should be subjected to other recovery processes.
4. If regeneration or other processes for the recovery of waste oils are not possible, they may be disposed of.
5. By the regeneration referred to in paragraph. 2-4, is understood to be any recycling process in which base oils may be produced by refining waste oils, in particular by removing the pollutants in the waste oils, the oxidation reaction products and Allowances.
6. The detailed way of handling the waste oils shall be determined by the provisions issued on the basis of the art. 33 (1) 2.
Article 92. [ Prohibition of blending of waste oils with other hazardous waste] The mixing of waste oils with other hazardous waste, including the use of PCBs, shall be prohibited, at the time of collection or storage, if the level of the substance concerned exceeds the limit values.
Article 93. [ Prohibition of discharge of waste oils to water, soil or land] The discharge of waste oils into waters, soil or land shall be prohibited.
Chapter 3
Medical waste and waste
Article 94. [ Prohibition of recovery of medical waste and veterinary waste] 1. The recovery of medical waste and veterinary waste shall be prohibited, with the exception of the types of waste specified in the provisions issued under the mouth. 2.
2. The Minister of Health shall, in agreement with the Minister for Environment and agricultural matters, determine, by way of regulation, the types of medical waste and of veterinary waste whose recovery is acceptable, In the absence of any risks posed by certain medical waste and waste, and the possibility of subjecting them to recovery.
Article 95. [ Medical waste or veterinary waste-disposal, monitoring, documentation] 1. The holder of a medical waste or a veterinary waste disposing of those wastes shall be obliged to carry out disposal operations and to monitor them, taking into account the characteristics of the waste and the nature of the process and in accordance with the requirements and means of carrying out the disposal of waste, as laid down in the provisions adopted on the basis of the paragraph 11.
2. Forbidden medical waste or infectious veterinary waste shall be disposed of by thermal conversion in hazardous waste incinerators.
3. The disposal of infectious medical waste or contagious veterinary waste in waste co-incineration plants shall be prohibited.
4. The holder of a waste that inactivates infectious medical waste or infectious veterinary waste, as specified in the mouth. 2, at the request of the manufacturer of infectious medical waste or infectious veterinary waste, confirms the disposal of the waste by thermal conversion, issuing a document confirming the disposal.
5. The holder of the waste shall issue a document confirming the disposal in three copies, one of which is transferred to the manufacturer of infectious medical waste or infectious veterinary waste, and the other provincial security inspector the environment competent for the site of the production of infectious medicinal products or contagious veterinary waste.
6. Articles shall apply mutatis mutandis to the storage and making available of the document confirming the inactivation. 72.
7. Prior to the release of an authorisation for the processing of infectious medical waste or infectious veterinary waste consisting in the disposal of such waste, the competent authority issuing the permit shall apply to the Chief Sanitary Inspector for consent to clearance of the facility or facility for disposal of such waste by submitting a copy of the application together with the annexes. The consent shall apply. 106 of the Act of 14 June 1960. -Administrative Code of Conduct.
(8) The Chief Sanitary Inspector in accordance with the admission to the operation of an installation or facility for the disposal of infectious medical waste or infectious veterinary waste shall specify:
1) type and type (model) of installation or device;
2) the exact parameters of the carrying out of the waste disposal process for a given type of installation or device;
3) the requirements and methods for periodic microbiological control of the effectiveness of the disposal process for the given type and type (model) of the installation or device;
4) requirements for containers or bags, in which the waste will be disposed of in a given type and type (model) of installation or device;
5) requirements for periodic technical review of a given type and type (model) of installation or device;
6) the mass of the waste disposed of during the period of the year.
(9) The holder of infectious medical or infectious waste medical waste in the application for authorisation of the processing of such waste shall, in addition, provide information on:
1) the technical data of the installation or device, together with an indication of the type and type (model) of the installation or device, and the name and address or head office of the manufacturer;
2) the exact description of the disposal process with the description of all its stages;
3. indication of the method of periodic microbiological control of the effectiveness of the disposal process;
4) requirements for containers or bags, in which the waste will be disposed of in the reported type and type (model) of the installation or device;
5) the weight of the waste disposed of during the period of the year.
(10) The application for authorisation for the processing of infectious medical or contagious waste products consisting of the disposal of veterinary waste shall be accompanied by:
1) the originals of the results of the microbiological examination of the disposal process in a given installation or device giving an accurate description of the test method used, or a copy of these results confirmed for the conformity with the originals;
2. an installation manual or device that includes requirements for technical inspection.
11. The Minister of Health shall, in agreement with the Minister responsible for the environment, determine, by means of a regulation, the requirements and means of disposal of waste, including:
1. permissible means of disposal of medical waste and of veterinary waste which do not have contagious properties;
2. permissible means for the disposal of infectious medical waste and contagious veterinary waste;
3. the conditions for the operation of the processes of disposal of medical waste and of veterinary waste, which do not have any contagious properties;
4) the conditions for carrying out the processes of the disposal of infectious medical waste and infectious veterinary waste;
5) the manner and scope of the monitoring of the processes referred to in points 3 and 4, and the methodology and frequency of the surveys of waste resulting from the management of infectious medicinal and infectious waste contagious waste processes.
12. By issuing the regulation referred to in paragraph 1. 11, the Minister responsible for Health shall be guided by:
1. the need to prevent the risks posed by medical waste and veterinary waste;
2. the need to ensure the effectiveness of the disposal of infectious medical waste and infectious veterinary waste, in order to ensure that these waste is lost in the contagious waste;
3. the need to ensure the proper monitoring of the processes of disposal of infectious medicinal products and contagious veterinary waste;
4) the need to deprive the contagious properties of any batch of infectious medical waste and infectious veterinary waste.
(13) The Minister responsible for the environment will determine, by way of regulation, the detailed means of issuing a document confirming the disposal, the time limits for transmission and the design of the document, guided by the need for reliable assurance documents proving compliance with the requirements for the disposal of infectious medicinal products or contagious veterinary waste.
Chapter 4
Municipal sewage sludge
Article 96. [ Recovering from the use of municipal sewage sludge] 1. Recovery of communal sewage sludge:
1. in agriculture, which is understood to be the cultivation of all agricultural crops marketed, including crops intended for the production of feedingstuffs,
2) for the cultivation of plants intended for the production of compost,
3. for the cultivation of crops not intended for consumption and for the production of feed,
4) to rehabilitate land, including land for agricultural purposes,
5) with the adaptation of the land to the specified needs resulting from waste management plans, spatial development plans or decisions about the conditions of construction and land development
-shall be subject to the conditions laid down in paragraph 1. 2-13.
2. Comunty sewage sludge may be transmitted to the use of the ruler of the earth only by the manufacturer of these sludge.
3. Liability for the proper use of municipal sewage sludge for the purposes referred to in paragraph. 1 point 1-3, lies with the manufacturer of these sediments.
4. Use of municipal sewage sludge is possible, if they are stabilized and prepared according to the purpose and manner of their use, in particular by subjecting them to biological, chemical, thermal or other process, which lowers the susceptibility of municipal sewage sludge to extinctions and eliminates the threat to the environment or to the life and health of humans.
5. The irrigation of municipal sewage sludge which has previously been drained shall be prohibited.
6. Before the use of municipal sewage sludge and the land on which these sediments are to be used, shall be subjected to the tests referred to in the provisions issued on the basis of the paragraph. 13, by the manufacturer of municipal sewage sludge.
7. The originator of municipal sewage sludge is obliged to transmit, together with these sediments, the ruler of the land on which municipal sewage sludge is to be used, information about the doses of this sludge, which can be used on the individual land, and the results of the surveys referred to in paragraph 1. 6.
8. The originator of municipal sewage sludge used for the purposes referred to in paragraph. 1 point 1-3, notifies the voivodship of the environmental protection officer of the intention to transfer these sediments to the ruler of the land on which these settlements are to be applied, for at least 7 days prior to the transfer.
9. The notification referred to in paragraph. 8, shall be in writing and shall contain information indicating the land surface area and the record numbers of the parcels on which the municipal sewage sludge is to be used.
10. The ruler of the land on which municipal sewage sludge is to be used shall keep the results of the tests referred to in paragraph 1. 6, and the information referred to in paragraph. 7, for a period of 5 years from the date of application of municipal sewage sludge.
11. The ruler of the earth, on which municipal sewage sludge is to be used for the purposes referred to in paragraph. 1 point 1-3, is exempted from the obligation to obtain a permit for the treatment of waste or the obligation of entry in the register.
12. The use of municipal sewage sludge is prohibited:
1) in the areas of national parks and nature reserves;
2. in the areas of protection of the indirect protection zones of water, in the case of their establishment in the act of local law issued on the basis of art. 58 of the Act of 18 July 2001. -Water law (Dz. U. of 2015 items 469, 1590, 1642 and 2295 and of 2016. items 352 and 1250);
3) in a land belt with a width of 50 m directly adjacent to the shores of lakes and shadows;
4. in the areas of special flood risk and in the areas temporarily topped up and swamped;
5. in the areas temporarily frozen and covered by snow;
6. on high permeability, in particular loose and weak sand, and light clay sand, if the groundwater level is at a depth of less than 1,5 m below the ground;
7. on agricultural land with a drop in excess of 10%;
(8) in the protection areas of inland waterway vessels, where they are laid down in the act of a local law issued on the basis of an art. 60 of the Act of 18 July 2001. -Water rights;
9. in areas covered by the other nature conservation forms not mentioned in point 1, if the sewage sludge has been produced outside these areas;
10. in areas situated less than 100 metres away from the removal of water, a residential house or a food production facility;
11) on the land on which fruit plants and vegetables are grown, except fruit trees;
12) on land intended for the cultivation of blueberry and vegetables, the edible parts of which are directly in contact with the earth and are consumed in the raw state - during the 18 months preceding the harvest and during the harvest;
13) on land used for pastures and meadows;
14) on land used for crops under shelter.
(13) The Minister for the Environment, in consultation with the Minister responsible for agriculture, will determine, by way of regulation, detailed conditions for the use of municipal sewage sludge, including the dose of these sediments, which can be used on land, and The scope, frequency and reference methods of municipal sewage sludge surveys and the land on which these settlements are to be applied, guided by the principles of environmental protection and the protection of agricultural land.
Chapter 5
Waste from the production of titanium dioxide and from the processing of such waste
Article 97. [ Prohibition of disposal of waste into the sea] The disposal of waste from the production of titanium dioxide and from the processing of such waste shall be prohibited from discharging into the sea, including seabed, waste.
Article 98. [ Application for authorisation of waste treatment] 1. The holder of waste from the production processes of titanium dioxide and from the processing of such waste, applying for authorisation to process waste consisting in the disposal of such waste by their storage, shall be obliged to in the application for such authorisation, the information relating to:
1) physical properties including the determination of the form (solid, sludge, liquid or gaseous) and chemical, biochemical and biological properties of waste;
2) toxicity, physical, chemical and biological durability of waste;
3) accumulate and biotransformation of components of waste in living organisms or sediments;
4) the susceptibility of waste to physical, chemical and biochemical changes and the interaction of the environment in a given environment with other organic and inorganic substances;
5) the geographical location of the landfill site together with the characteristics of the adjacent areas;
6) the manner of packaging and the means of limiting the spread of waste;
7) precautions taken in order to avoid environmental pollution.
2. The holder of waste from the production of titanium dioxide and from the processing of these wastes shall be obliged to carry out the monitoring of the landfills and the places of storage of those wastes.
3. Marshal of the voivodship, taking into account the state of the environment and the threat to the environment, life or human health, may, by decision, oblige the holder of the waste coming from the processes of titanium dioxide production and from the processing of those waste to carry out additional studies on the impact of these wastes on the quality of water and to increase the frequency of all studies.
4. The procedure for the issue of the decision referred to in the paragraph. 3, shall be initiated from office.
Article 99. [ Information on the quantities of sulphates or chlorides in waste] 1. The holder of waste from the production processes of titanium dioxide and from the processing of these wastes shall be required in the report on waste produced and about the management of waste referred to in art. 75, indicate the quantity of sulphates and/or chlorides in the waste per Mg of titanium dioxide produced.
2. In the sulphate process of the production of titanium dioxide, the quantity of waste produced per tonne of titanium dioxide produced shall not exceed 5,0 Mg of sulphates.
Article 100. [ Delegation] 1. The Minister responsible for the environment in agreement with the Minister responsible for the economy will determine, by regulation, waste from the production processes of titanium dioxide and from the processing of such waste, which cannot be disposed of by their storage, guided by the characteristics of the waste and their effects on the environment during the long term storage.
2. The Minister responsible for the environment will determine, by means of a regulation, the scope, the mandatory and additional studies of the impact of waste coming from the processes of titanium dioxide production and from the processing of these wastes on the quality of waters, ways, methods the reference studies and the conditions for monitoring the landfills of those wastes and their storage sites, guided by the characteristics of the waste and their impact on the environment during the long term storage.
Chapter 6
Waste from accidents
Article 101. [ Decision imposing obligations on the management of waste from accidents] (1) If the reasons for the protection of life, human health or the environment so require, the old age, due to the place where the waste is incurred, may, by means of a decision taken from the office, impose on the offender an accident waste from accidents, including the obligation to provide them to the designated waste holder.
2. In the case of waste from accidents causing pollution of the sea, the operator of the accident shall be regarded as the operator of the vessel, which has caused the waste to be produced, if the vessel is known.
3. The decision referred to in paragraph 3. 1, issue in the case of:
1) projects and events in the closed areas of the Regional Director of Environmental Protection;
2) waste from marine pollution accidents, the Director of the Maritime Office due to the place where the waste was created.
4. The decision referred to in paragraph 4. 1, may be given to the rigor immediately enforceability.
5. The authority competent to issue the decision referred to in paragraph 5. 1, shall carry out the management of waste from accidents if:
1) the enforcement proceedings concerning the obligation to use waste from accidents or execution cannot be initiated, or the execution has proved to be ineffective; or
2) it is necessary to manage these wastes immediately due to the threat of life or human health, or the possibility of the existence of irreversible damage to the environment.
6. In the absence of the possibility of establishing the perpetrator of the accident or the ineffectiveness of enforcement against the perpetrator of the accident, the costs of the management of waste from accidents, with the exception of the cost of waste management from accidents causing pollution of the sea, are covered, at the request of an appropriately starosty or regional director of environmental protection, from the financial resources of the provincial environmental protection fund and water management.
Chapter 7
Metal wastes
Article 102. [ Acceptance form of metal waste] 1. A waste holder leading a waste collection point shall be obliged, at the reception of these wastes from non-business persons, to fill in the form of acceptance of metal waste in two copies, one after one a copy for the transferor and for the receiving waste.
2. The form referred to in paragraph. 1, should include in particular:
1) the determination of the type of waste, the type of product from which the waste arose, and the source of origin;
2. the name, address of residence and the number of the identity card or other document stating the identity of the person transferring the waste.
3. The person transferring the metal waste shall be obliged to show the document referred to in the paragraph. 2, point 2, in order to confirm the identity of the person.
4. A waste holder conducting a metal waste collection point shall be obliged to refuse to accept waste of metals in the event that the person transferring the waste is refusing to show the document referred to in the paragraph. 2 point 2.
5. The holder of the waste leading the collection point of the metals waste is obliged to store the completed forms for a period of 5 years, counting from the end of the calendar year in which they were drawn up.
6. A waste holder leading a collection point of metal waste is obliged to present the stored forms at the request of the bodies carrying out the control, the Police, the City Guard and the railway security services.
7. The provisions of the paragraph. 1-6 do not apply to metal packaging waste after food products.
8. The Minister responsible for the environment shall determine, by means of a regulation, the model form referred to in paragraph 1. 1, guided by the need to unify this document, to ensure proper control of the marketing of metal waste and to prevent theft and devastation in particular of telecommunications, electricity, railway and water-sewerage equipment.
CHAPTER VIII
Requirements for the conduct of waste treatment processes
Chapter 1
Landfill
Article 103. [ Landfill of waste] 1. The waste shall consist of:
1) at the landfill site;
2) in the underground landfill of waste, referred to in the Act of 9 June 2011. -Geological and Mining Law;
3. in the facility for the disposal of extractive waste, referred to in the Act of 10 July 2008. of extractive waste.
2. The following types of waste landfills are different:
1) landfill of hazardous waste;
(2) landfill of inert waste;
3) landfill of waste other than dangerous and inert.
Article 104. [ Prohibition of waste storage on a landfill site] 1. The storage of waste in a landfill site shall be prohibited.
2. The collection or processing of waste in the landfill of waste in a different manner than the storage of waste shall be prohibited, except for the cases specified in the provisions issued on the basis of art. 124 (1) 6.
Article 105. [ Physical, chemical, thermal or biological transformation of waste] 1. Waste prior to placing on the landfill of waste shall undergo a process of physical, chemical, thermal or biological transformation, including segregation, in order to reduce the risk to human life and health or to the environment and the limitation of the quantity or volume of waste stored and to facilitate the handling or recovery of waste.
2. The provision of the paragraph. 1 shall not apply to inert waste and waste in respect of which the process of physical, chemical, thermal or biological transformation, including segregation, will not lead to the achievement of the objectives referred to in paragraph 1. 1.
Article 106. [ Non-hazardous storage ban on landfill of hazardous waste] 1. Non-hazardous waste shall not be stored in a landfill of hazardous waste.
2. Permanent hazardous waste may be stored on separate parts of the landfill of waste other than hazardous and inert.
3. The separated parts of the landfill site referred to in paragraph 1. 2, they shall comply with the requirements laid down for the hazardous waste storage site.
4. On the isolated parts of the landfill sites referred to in paragraph 1. 2, non-hazardous waste may not be stored.
Article 107. [ Storage on landfill other than hazardous and inert waste] 1. In the landfill of non-hazardous and inert waste, may be stored:
1) municipal waste;
2. non-hazardous and non-hazardous waste;
3) solid hazardous waste or waste resulting from the transformation of hazardous waste, meeting the criteria for admission to storage in a landfill other than hazardous and inert specified in the provisions issued on the basis of art. 118.
2. The wastes referred to in paragraph For the purposes of Article 1 (1) (3), they may not be stored on separate parts of landfills other than hazardous and inert waste destined for the storage of non-hazardous waste, which are biodegradable.
Article 108. [ Prohibition of non-inert waste] Only inert waste may be stored on a landfill of inert waste.
Article 109. [ Conditions for the admissibility of storage in a landfill] Only waste may be authorised for storage on a landfill:
1) for which the basic characteristics of the waste have been drawn up, conformity tests have been carried out, as long as they are required in accordance with art. 113, and the verification referred to in Article 4 was made. 114 par. 2;
2) meet the criteria for the admission of waste for storage on a landfill site, specified in the provisions issued on the basis of art. 118.
Article 110. [ Basic characteristics of waste] 1. The basic characteristics of the waste shall be drawn up by the manufacturer or the waste-holder responsible for the management of the waste, the waste management of the waste storage facility and, in the case of municipal waste, the operator receiving municipal waste from the waste management system, property owners, as referred to in the Act of 13 September 1996. keeping cleanliness and order in the municipalities.
2. The basic characteristics of the waste shall include:
1. background information:
(a) the name and address of the entity and the address of the residence or establishment,
(b) waste type,
(c) a synthetic description of the waste generation process taking into account the basic raw materials used and the products manufactured,
(d) a statement of absence from waste to landfill, waste subject to the prohibition of storage referred to in Article 3 (1) (d). 122 (1) 1,
(e) a description of the waste treatment process used, as well as a description of the manner in which the waste is segregated or a statement of cause for which the said activities have not been carried out,
(f) a description of the waste, the colour, the physical form and the smell thereof,
(g) the list of the characteristics referred to in Annex 3 to the Act in respect of waste which may be reclassified as non-hazardous waste in accordance with Article 3 (2) of Regulation (EC) No 1360/EC. 7 and art. 8,
(h) an indication of the type of landfill in which the waste may be stored after the examinations referred to in Article 117, according to the criteria for the admission of waste to landfill in the landfill specified in the provisions issued on the basis of art. 118,
(i) a declaration of non-recovery, including the recycling of waste,
(j) indicate the frequency of conformity tests;
2. additional information, if relevant for the operation of the type of landfill concerned, concerning:
(a) the physico-chemical composition and the susceptibility of waste to leaching,
(b) the preservation of the precautionary measures in the landfill site.
3. Where an integrated permit has been issued, or a permit for the production of waste, which contains all the information referred to in paragraph 1. 2, the basic characteristics of the waste shall not be produced.
4. Where an integrated permit has been issued, or a permit for the production of waste, which does not contain all the information referred to in paragraph 1. 2, the basic characteristics of the waste that contain the missing information shall be drawn up.
5. The basic characteristics of the waste without carrying out the tests referred to in paragraph. 2 point 1 (h) shall be drawn up for waste:
1) indifferent, specified in the regulations issued on the basis of art. 118,
2. for which all the information necessary for the preparation of the basic characteristics is known and justified in accordance with the requirements for the storage of waste, as laid down in the decisions of the competent authorities,
3) for which the performance of the tests is impractical or for which the conformity tests cannot be carried out for technical reasons or the appropriate methods of test of the individual acceptance criteria referred to in the provisions issued on the basis of art. 118, are not available.
4) communal
-as far as they come from one producer of waste and constitute a single waste stream.
6. In the case of municipal waste, waste from one municipal waste management region shall be considered as one waste stream.
7. In the case referred to in paragraph. 5 point 3, waste may be permitted to be stored on a landfill of a given type if the manufacturer or the holder of the waste responsible for the management of the waste is justified in this respect by the management of the landfill, as appropriate. documenting.
Article 111. [ Basic characteristics of waste for waste generated on a regular basis] 1. The basic characteristics of waste for waste produced on a regular basis shall contain the information referred to in Article 3. 110 (1) 2, and indicate:
1) changes likely to occur in the composition of waste;
2) changes of the characteristics of the waste;
3) the susceptibility of waste to leaching, determined during the leaching test carried out in addition to a batch of waste, if the test is justified;
4) the main changing properties of the waste.
2. The waste generated regularly shall mean waste arising from installations of a single type in technological terms, using the raw materials characteristic of this technological process.
3. If the installation has made changes to the use of other raw materials, materials or changes resulting in a reduction or increase of negative impact on the environment, a new basic characteristics of the waste shall be established.
Article 112. [ Basic characteristics of waste for waste produced irregularly] 1. For each batch of waste produced irregularly before they are referred to the landfill, a separate basic characteristics of the waste shall be drawn up.
2. The waste generated by irregularly produced waste shall be understood as waste arising in installations and processes of different kinds or waste, the composition of which cannot be clearly characterised, in particular, waste resulting from initial processing, mixing or other actions that alter the nature or composition of such waste.
Article 113. [ Test of conformity of waste generated on a regular basis] 1. The waste generated on a regular basis, directed to a landfill of a given type, shall be subjected to a conformity test, during which the limit leaching limit values and the selected parameters specific to the type of waste are checked.
2. The conformity test shall be carried out by the holder of the waste referred to in art. 110 (1) 1.
3. The conformity test shall be carried out:
1) at least once every 12 months or more frequently, if this is due to the basic characteristics of the waste;
2) in the case of changes in the production process, in particular concerning the modification of the raw materials or materials used.
4. In the absence of conformity of the test result of compliance with the information contained in the basic characterisation of the waste, a new basic characteristics of the waste shall be made
5. The test of conformity shall not be carried out for the waste referred to in art. 110 (1) 5.
Article 114. [ Transmission of basic waste characterisation and conformity tests, verification of waste] 1. The basic characteristics of the waste and the conformity tests of the manufacturer or the waste holder responsible for the management of the waste shall be transmitted to the management of the landfill management before the waste is transferred to the landfill site.
2. The management of the landfill shall carry out the verification of the waste, which consists of:
1) visual inspection before and after unloading of the waste;
2) verification of the compliance of the adopted waste with the information contained in the basic characterof the waste.
3. The verification of the waste may be carried out at the place of their manufacture, if they are stored on a landfill of waste managed by their manufacturer.
Article 115. [ Sampling of waste delivered for storage on a landfill site] 1. The management of the landfill shall take samples of the waste delivered for storage in the landfill at least once a month and shall keep it for at least a month.
2. The samples shall not be taken in the case of waste referred to in art. 110 (1) 5.
Article 116. [ Storage and transmission of the basic characteristics of the waste and the results of the conformity tests] 1. The management of the landfill, and in the absence of the land of the land, shall store, until the landfill is closed, the basic characteristics of the waste and the results of the conformity tests.
2. The management of the landfill shall communicate the basic characteristics of the waste and the results of the tests of compliance to the next management of the landfill or the land surface.
Article 117. [ Criteria for the acceptance of waste for storage in a landfill of a type of waste] 1. The criteria for the acceptance of waste for storage in a landfill of a given type shall be deemed to have been met if they are confirmed by laboratory tests carried out by the laboratory referred to in Article 147a of the Act of 27 April 2001. -Environmental law.
2. The criteria for the acceptance of waste for landfill in a landfill of a type shall include:
1. limit leaching limit values;
2) parameters specific to a given type of waste.
Article 118. [ Delegation] The Minister for Economic Affairs, in agreement with the Minister for Environment, will determine, by means of a regulation:
(1) inert waste, for which the basic characteristics of the waste are to be drawn up without carrying out the tests referred to in Article 3 (1). 110 (1) 2 point 1 (h),
2) criteria for the admission of waste to landfill in a landfill of a given type,
3) the scope of the research referred to in art. 117 par. 1
-guided by the characteristics of the waste and the need to ensure proper treatment of waste in the landfill, and taking into account the types of waste and the content of organic substances in them.
Article 119. [ Obligations for the management of the storage site prior to the acceptance of waste for storage] The management of the landfill site, prior to the receipt of the waste for landfill in the landfill, shall also be required:
1) determine the weight of the waste;
2) check the compliance of the adopted waste with the data contained in the transfer card of the waste or documents required for the international shipment of waste;
3) in the case of metallic mercury waste-check the containers and the certificate required for the storage of these wastes.
Article 120. [ Grounds for refusal of disposal of waste for storage] 1. The management of the landfill shall refuse to accept the waste for landfill in the landfill in the event of a statement:
1) the non-conformity of the intake of waste with the information contained in the basic characteristics of the waste or the failure to provide the conformity tests, if required, immediately after they have been carried out;
2) the non-compliances of the adopted waste with the data contained in the transfer card of the waste or the documents required for international shipment of waste;
3) the non-conformity of the waste to be taken with the decision approving the statement of disposal of the landfill, the instructions for the operation of the landfill site, the integrated permit or the waste treatment permit.
2. In the case of transfer to storage on a landfill of waste, wastes not complying with the documents referred to in paragraph. 1, the management of the landfill shall inform the provincial environmental inspector without delay.
Article 121. [ Selectivity of waste storage] 1. The management of the landfill is obliged to store the waste at the landfill in a selective manner, having regard to the avoidance of environmentally harmful reactions between the components of such waste, the possibility of further use of the waste and reclamation and reconditioning of the site of the landfill site.
2. The storage of waste, as defined by the provisions of the paragraph, shall be allowed. 3, in a non-selective manner in the landfill, if such storage does not result in an increase in the negative impact of these wastes on the environment.
3. The Minister responsible for the economy in agreement with the Minister responsible for the environment will determine, by way of regulation, the types of waste that can be stored at the landfill in a non-selective manner, guided by properties waste and bearing in mind that, as a result of the reaction between the jointly stored waste, there is no increase in the risk to the environment.
Article 122. [ Categories of waste excluded from storage] 1. Storage on the landfill of wastes of the following wastes shall be prohibited:
1) present in liquid form, including waste containing water, in quantities exceeding 95% of total weight, excluding sludge;
2) with explosive properties, corrosive, oxidizing, highly flammable or flammable;
3) infectious medical and contagious veterinary medicinal products;
4) emerging as a result of scientific research and development works or didactic activities that are not identified or are new and whose impact on the environment is unknown;
5) tyres and parts thereof, excluding bike tyres and tyres with an external diameter of more than 1400 mm;
6. biodegradable selectively collected;
7) specified in the separate provisions.
2. The storage of waste in inland and underground waters shall be prohibited, in Polish sea areas and in the cases specified in the separate regulations.
3. The dilution or preparation of mixtures of wastes with each other or with other substances or objects in order to meet the criteria for the admission of waste for storage on a landfill of a given type, specified in the provisions issued on Article 1 118.
Article 123. [ Preparation for the construction, construction and maintenance of the landfill] 1. The period of preparation for the construction, construction and operation of the landfill shall include the phases:
1. pre-operation-the period prior to obtaining the first final decision approving the statement of disposal of the landfill;
2. in operation, the period from the date of the first final decision approving the instruction to keep the landfill site until the date of completion of the rehabilitation of the landfill site;
3. in-service-period of 30 years from the date of completion of the reclamation of the landfill site.
2. The end of the reclamation of the landfill site shall be at the same time as the date of closure of the landfill.
Article 124. [ Legal title, storage monitoring] 1. The management of the landfill has a legal title to the entire property on which the landfill site is located, together with all installations and equipment related to the operation of this landfill, during the period including the phase Operation and consumables.
2. The location, construction and management of the landfill must meet the requirements to ensure safe and safe human life and health and the environment for the storage of waste, in particular the requirements to prevent contamination of surface waters and underground, soil and earth and air.
3. The operation of the landfill site shall cover all the operations undertaken in the operational and post-operative stages concerning the operation of the landfill site, including the monitoring of the landfill site. A landfill operator shall manage the landfill of the waste.
4. The management of the landfill is to carry out the monitoring of the landfill in the pre-operation, in-service and post-operations phases.
5. The management of the landfill is obliged to transmit the results of monitoring of the landfill to the provincial environmental inspector within the period until the end of the first quarter of the following calendar year after the end of the year, of which these the results concern.
6. The Minister responsible for environmental matters shall determine, by means of a regulation:
1. the detailed requirements for the location, construction and maintenance of the landfill site, which correspond to the different types of landfill sites,
2) the scope, time and frequency, and the manner and conditions of the monitoring of landfills
-guided by the dependency between the possibility of risks to human life and health and the environment and the location, technical parameters and means of carrying out landfills and taking into account natural phenomena and conditions geological, as well as the control systems of particular elements of the environment, and guided by the specific requirements for the storage of certain types of waste.
Article 125. [ Securing claims for adverse effects in the environment and environmental damage] 1. The management of the landfill is obliged to establish the protection of claims for the occurrence of negative effects in the environment and environmental damage within the meaning of the Act of 13 April 2007. of the prevention of environmental damage and repair, in connection with the operation of the landfill site.
2. The security referred to in paragraph 2. 1, may take the form of a deposit, bank guarantee, insurance guarantee or an insurance policy.
3. The security in the form of a deposit shall be paid into a separate bank account indicated by the authority issuing the decision approving the instruction to operate the landfill, and the security in the form of a bank guarantee, insurance guarantee or the insurance policy shall be submitted to the authority issuing the decision.
4. Bank guarantee, insurance guarantee or insurance policy should state that in the event of adverse effects in the environment or damage to the environment, the bank or insurance company will settle the obligations in the case referred to in the in Article 131 (1) 4, to the body referred to in art. 129 (1) 1.
Article 126. [ Designation of the site of the landfill] 1. The appointment of the location of the landfill site requires the consent of the Director of the Regional Management Board of water management in the area related to the protection
2. The designation of the site of the landfill site:
1) near the airports-requires the approval of the authorities of the aviation administration;
2) near the historic buildings or on the territory where archaeological monuments are located-requires the consent of the voivodeship conservator of monuments;
3) in the area of the coastal strip and the ports and seaports-requires the consent of the Director of the Maritime Office.
3. The competent authority for the landfill of a landfill decision on the conditions for construction and development of the site shall refuse to issue a decision in the case of:
1) the absence of the consent referred to in paragraph. 1 or 2;
2) specified in the separate provisions.
Article 127. [ Application for a permit for the construction of a landfill site] 1. An application for a permit for the construction of a landfill site, subject to the provisions of the Act of 7 July 1994. -Building law (Dz. U. of 2016 r. items 290, 961, 1165 and 1250), additionally contains:
1. the name and address of the entity and the address of the place of residence or establishment and address of the landfill;
2) determination of the types of waste provided for storage on the landfill site;
3) determination of the expected annual and total weight of the waste stored and the capacity of the landfill site and its target row (maximum storage);
4) a description of the site of the landfill site, in particular its geological and hydrogeological characteristics;
5) a description of how to prevent environmental pollution or reduce the amount of waste and their negative impact on the environment;
6) a plan for carrying out, including management and monitoring of landfills;
7) the technical guidelines for the closure of the landfill site and the direction of its rehabilitation;
8) determine how to prevent accidents and how to proceed in the event of their occurrence.
2. The application for a permit for the construction of a landfill site shall be accompanied by a statement of the legal title to dispose of the entire property, on which will be located the landfill site along with all installations and equipment, related to the operation of this landfill, during the period including the operational and the post-operative phases.
3. The authority competent to issue a permit for the construction of a landfill site shall specify, in this permit, the requirements ensuring the protection of human life and health, the protection of the environment and the protection of the legitimate interests of third parties.
4. Requirements referred to in paragraph 3. they concern:
1) the type of landfill site;
2) the technical conditions of the landfill site;
3) the type of waste intended for storage on the landfill site;
4) the type of hazardous waste authorised to be stored on the isolated part of the landfill site other than hazardous and inert, if part of this storage site has been separated into the storage of hazardous waste;
5) the annual and total weight of the waste released for storage and the storage capacity of the landfill and the target row (the maximum amount of storage);
6) the way the landfill site is kept;
7) the method of collecting, purifying and draining the shades;
8. the method of collection, purification and use or disposal of storage gas;
(9) the manner, frequency and time of the monitoring of the landfill;
10) how to proceed in the event of a failure;
11) the technical guidelines for the closure of the landfill site and the direction of its rehabilitation.
5. Where the construction of a landfill site is not specified in the voivodship waste management plan, the authority competent to issue a permit for the construction of a landfill site refuses to issue this permit.
Article 128. [ Start of activity] The management of the landfill may commence the operation of the landfill of the waste storage site after the following succession:
1) an integrated permit or a permit for the treatment of waste;
2. permits for the use of landfills;
3) the decision approving the instruction to conduct the landfill site.
Article 129. [ Decision approving the statement of disposal of the landfill] 1. The decision approving the statement of the operation of the landfill site shall issue, at the request of the management of the landfill, the Marshal of the voivodship, and in the case of projects and events in the closed areas-Regional Director of Environmental Protection. The local jurisdiction of the authority shall be determined by the location of the landfill site.
2. The application for a decision approving the instructions for the operation of the landfill shall contain:
1. the name and address of the entity and the address of the place of residence or establishment and address of the landfill;
2. information on the permit to use the landfill site;
3) information about the proposed form and the amount of the security of claims referred to in art. 125.
3. The application referred to in paragraph. 2, shall be accompanied by:
1. instructions for the operation of the landfill site;
2) documents proving the possession of a legal title to dispose of the entire property, on which there will be a localized landfill, together with all installations and equipment related to the operation of this storage site, during the period enclosing the phase Operational and consumables;
3) a copy of the certificate stating the qualifications of the manager of the waste storage site in the scope of waste management appropriate to the conducted waste treatment processes.
4. The instructions for the operation of the landfill shall include the operational phase and the post-operative phase and shall include:
1. the name and address of the entity and the address of the place of residence or establishment and address of the landfill;
2) determination of the type of landfill site;
3. determining whether or not in the landfill of the waste to which the instruction relates, if it is a landfill of waste other than hazardous and inert, the parts on which the specific types of hazardous waste are to be stored are to be stored;
4) the types of waste intended for storage on the landfill;
5) the annual and total weight of the waste released for storage;
6. the target row (maximum storage) and the storage capacity of the landfill;
7) the types of waste that can be used in this landfill, instead of other materials, in the in-service and in-service phases, and the manner in which they are used;
8) specify the technical devices necessary for the proper functioning of the landfill site;
9) specification of the control-measuring apparatus together with the scheme of the distribution of measuring points;
10) determination of the manner of storage of particular types of waste;
11. determination of the type and thickness of the insulating layer used;
12) determination of the opening hours of the landfill site;
13) determination of the manner of securing the landfill of the waste prior to unauthorized access;
14) determination of the procedure for the acceptance of waste in landfill;
15) determine the ways and frequencies of the conducted research referred to in art. 117;
16) determination of the contingents plan, in particular in the event of detection of changes in groundwater quality due to the emissions of the substance from the landfill;
17) the technical closure of the landfill site and the direction of its rehabilitation;
18) other activities carried out in the landfill of waste concerning the conduct and supervision of the landfill site in order to ensure its proper functioning.
5. Instructions for the operation of the landfill site shall be annexed to the decision approving the statement of disposal of the landfill site.
6. The management of the landfill is required to carry out the instructions for the disposal of the landfill site until the end of the post-operative phase of the landfill.
7. At the request of the landfill operator, the authority referred to in paragraph. 1, after the end of the post-operative phase, it shall issue a decision on the expiry of the decision approving the statement of disposal of the landfill site.
Article 130. [ Additional requirements related to the specificity of the landfill] 1. The competent authority referred to in art. 129 (1) 1, in the decision approving the statement of the operation of the landfill site may specify additional requirements related to the specific storage characteristics of the waste.
2. In the decision approving the statement of the disposal of the landfill, the competent authority referred to in Article 129 (1) 1, it also approves the amount and form of the claims security referred to in Article. 125.
Article 131. [ Establishment of collateral for claims] 1. The management of the landfill shall be obliged to establish the security of claims not later than 3 months from the date on which the decision approving the instruction to conduct the landfill of the waste site became final.
2. The management of the landfill is required to maintain the established claims guarantee for the period of management of the waste storage site.
3. The management of the landfill site after obtaining a decision on the expiry of the decision approving the statement of disposal of the landfill referred to in art. 129 (1) 7, may submit an application for repayment of the established security of claims.
4. In the event of adverse environmental or environmental damage within the meaning of the Act of 13 April 2007. of the prevention of environmental damage and repair thereof, the competent authority referred to in Article 129 (1) 1, the decision, by decision, of the purpose of the means of securing claims for the removal of those effects, in so far as those actions have not been carried out at its own expense managing the landfill of the waste.
Article 132. [ Employment of a person holding a certificate stating qualifications in the field of waste management] As a manager of a landfill site, the management of the waste storage site shall employ a person holding a certificate stating the qualifications for waste management appropriate to the waste treatment processes carried out.
Article 133. [ Distinct scope of monitoring of the waste site concerned] Where there is no possibility of monitoring of surface water, groundwater or landfill gas from the ecological review or the hydrogeological documentation, the competent authority referred to in Article shall be the subject of a monitoring of the relevant provisions of the Regulation. 129 (1) 1, in the decision approving the statement of the operation of the landfill site, may determine the separate scope of the monitoring of the site of the waste storage site, by deducting from the requirements laid down in the provisions of the regulations issued on the basis of art. 124 (1) 6 point 2.
Article 134. [ Grounds for refusal to approve instructions for the disposal of landfills] The competent authority referred to in Article 129 (1) 1, denies, by decision, approval of the instructions for the operation of the landfill site, where:
1) the management of the landfill does not have a legal title to dispose of the entire property on which the landfill site is located, together with all the installations and equipment associated with the operation of the landfill, during the period Enclosing the operational and post-operating phases;
2. the manner in which the landfill is carried out is in contradiction with the construction permit;
3. the manner in which the landfill is carried out could pose a risk to life, human health or the environment;
4. the manager of the landfill site does not have a certificate stating the qualifications for waste management appropriate for the waste treatment processes carried out.
Article 135. [ Responsibility for the whole activity of the landfill site] 1. The management of the landfill site shall be responsible for the entire activities of the landfill site and shall be obliged to carry out all the obligations arising from the applicable rules and decisions referred to in art. 128.
2. The management of the landfill shall maintain and maintain a landfill in such a way as to ensure the proper functioning of the technical equipment which is to equip the landfill site and to maintain health, safety and hygiene requirements. work, fire prevention, as well as environmental protection requirements, in accordance with the instructions for the operation of the landfill site and the decision approving the statement.
3. Changes in the landfill of waste referred to in art. 129 (1) Paragraphs 2 to 7, 9 to 11 and 17, require a decision approving the new statement of disposal of the landfill site.
4. In the decision approving the new instructions for the operation of the landfill site, the authority referred to in Article 129 (1) 1, the decision of the expiry of the previous decision approving the instructions for the operation of the landfill site.
Article 136. [ Managing the municipal landfill] The management of the municipal landfill must not be a public finance unit. A municipality may set up an entity that is not such a unit in order to operate a municipal landfill or to entrust the exercise of the rights and obligations of a municipal waste storage facility to an entity that does not have a public finance sector. the rules laid down in the Act of 20 December 1996. of the municipal economy (Dz. U. of 2016 r. items 573 and 960).
Article 137. [ The price for the receipt of the waste, the remediation fund] 1. The price for the receipt of waste for landfill in the landfill shall take into account in particular the costs of construction, operation, including closure and rehabilitation, and supervision, including the monitoring of landfills.
2. From the day of commencement of the receipt of waste in the landfill, the management of the landfill shall create a rehabilitation fund, on which it collects the cash for the implementation of the duties associated with the closure, rehabilitation, supervision, including monitoring. The funds shall be discharged into a fund of sufficient amount to cover the costs referred to in paragraph 1. 1, excluding construction costs.
3. The reclamation fund may take the form of a separate bank account, reserve or bank guarantee.
4. On the date when the decision to consent to the closure of the landfill site or the decision to close the landfill has become final, the management of the landfill site may allocate the funds collected at the remediation fund to the the implementation of the obligations referred to in paragraph 1. 2.
5. The remediation fund manages the management of the landfill.
6. The management of the landfill shall make public, including on the website, if it has it, the share of the price for the receipt of waste for landfill in the landfill of funds discharged to the remediation fund, referred to in paragraph 1 2.
7. The provisions of the paragraph. 1-6 shall apply to the managing body of the municipal waste storage site referred to in Article 1. 136.
Article 138. [ The obligation to notify the changes observed in the landfill of changes to the observed parameters] The management of the landfill is obliged to notify immediately the provincial environmental inspector or the state health inspector of the changes observed in the landfill of changes of the observed parameters, to indicate the possibility of occurrence or emergence of environmental hazards or to human life or health.
Article 139. [ Scope and schedule of actions necessary to determine the reasons for the changes of the observed parameters and the possible risks to the environment] 1. In the case of a statement on the landfill of the changes of observed parameters, indicating the possibility of occurrence or emergence of threats to the environment, the voivodship of the environmental inspector determines, by decision, scope and schedule actions necessary to determine the reasons for the changes of the observed parameters and the possible risks to the environment.
2. After establishing the causes of changes of observed parameters and possible threats to the environment of the voivodship the environmental inspector shall determine, by decision, the scope and timing of the actions necessary to remove the causes and effects of the identified environmental hazards.
3. In the decision referred to in paragraph. 2, the provincial environmental inspector shall take into account in particular the contingency plan referred to in art. 129 (1) 4 paragraph 16.
4. In the case of changes of observed parameters indicating the possibility of occurrence or emergence of threats to the life or health of the people, the decisions referred to in paragraph. 1 and 2, issue state provincial health inspector.
Article 140. [ Conditions for the decision to stop the use of the landfill] 1. The Provincial Environmental Inspector shall issue a decision to suspend the use of the landfill in the event of a statement:
(1) failure by the management of the waste to be carried out by the management of the obligations referred to in Article 3 (1) of the 138, or
2) the failure to comply with the obligations arising from the decision referred to in art. 139 (1) 2.
2. In the event of a statement of failure to comply with the obligations arising from the decision referred to in art. 139 (1) 2, the decision to withhold the use of the landfill appears to be the state provincial health inspector.
3. In the decisions referred to in paragraph. 1 and 2, the date of cessation of use of the landfill site shall be determined. That period may not be later than one year from the date on which the decision became final.
4. In the cases referred to in paragraph. 1 and 2, at the request of the management of the landfill of waste, respectively the voivodship of the Environmental Protection Officer or the state provincial health inspector, guided by the degree of non-performance of duties and the threat to life, human health or for the the environment may, by way of provision, establish a time limit for the removal of the irregularities found, suspending the proceedings for that period. The time limit set may not be more than one year from the date of service of the order.
5. In the case of failure to remove the irregularities within the set deadline, respectively the voivodship of the environmental inspector or the state provincial health inspector shall withhold, by decision, the use of the landfill site.
6. Accordingly, the voivodship of the environmental protection inspector or the state provincial health inspector, at the request of the management of the landfill, after stating that the reasons for the cessation of the use of the landfill, express, on the way the decision, consent to resume the use of the landfill site. The management of the landfill may resume the use of the landfill from the date on which the decision became final.
7. The decisions referred to in paragraph 1 1 and 2 and in art. 139 (1) 1 and 2, shall be issued ex officiate.
8. respectively the voivodship of the environmental protection supervisor or state provincial health inspector of the decisions referred to in the paragraph. 1 and 2 and Art. 139 (1) 1 and 2, may give a rigor immediately enforceability, guided by the degree of non-performance of duties and a threat to life or human health or the environment.
Article 141. [ The decision to suspend use and the responsibility of the storage manager] 1. The decision to stop the use of the landfill site shall not exclude the responsibility of the management of the landfill for the effects of the risks to the environment and to the life and health of the people caused by the failure to comply with the obligations imposed on it this Act or as specified in the decisions referred to in Article 139 (1) 1 and 2.
2. The removal of the causes and effects of the identified risks to the environment and to human life and health shall be carried out at the expense of the management of the landfill of the waste.
3. Voivodship environmental inspector or state provincial health inspector shall forward copies of the issued decisions referred to in art. 139 (1) 1 and 2, art. 140 par. 1, 2 and 6, to the competent authority referred to in Article 129 (1) 1, within not more than 30 days from the date on which the decision became final.
Article 142. [ Withdrawal of waste treatment permit] In the event of a cessation of use of the landfill for more than one year, the authorisation for waste treatment shall be withdrawn.
Article 143. [ Extracting waste from landfills] 1. The extraction of the waste stored in the landfill is allowed.
2. Landfill of waste from the landfill of waste storage shall be carried out on the basis of the rules laid down in that statement.
3. In the case of extracting waste from the landfill site, the instructions for carrying out the landfill shall additionally specify:
1) the type and quantity of waste provided for extraction;
2) the technical means of extracting waste;
3. a way of preventing the adverse effects of the exploitation of waste for human life or health and the environment;
4) a description of the impact of the planned waste extraction on the environment;
5) a description of the technical protection of the site after the extraction of the waste, and in the case of a closed landfill site or its part also a description of the remediation activities.
Article 144. [ Extracting waste from a closed landfill and from a rap] 1. Waste disposal:
1) from a closed landfill of waste without instructions for carrying out landfills,
2) from waste rollers
-requires consent for the extraction of waste.
2. A waste disposal site shall mean a place of storage of industrial waste, for which no decision on the location or decision of the building permit was required.
3. The consent for the extraction of the waste shall be issued, by decision, by the competent authority referred to in art. 129 (1) 1.
4. The application for consent for the extraction of waste shall contain:
1. the name and address of the entity and the address of residence or establishment;
(2) the address of the landfill site or the location of the waste site of which the application relates.
5. The application, interested in the extraction of waste, shall attach an expert opinion on the extraction of waste, which shall include in particular:
1) the type and estimate of the waste provided for extraction;
2) the technical means of extracting waste;
3. a way of preventing the adverse effects of the exploitation of waste for human life or health and the environment;
4) a description of the impact of the planned waste extraction on the environment;
5) a description of the technical protection of the site after the extraction of the waste, and in the case of a closed landfill site or its part also a description of the remediation activities.
6. The consent for the extraction of waste shall specify:
1) the type and weight of the waste authorized for extraction;
2) the technical means of extracting waste;
3. a way of preventing the adverse effects of the exploitation of waste for human life or health and the environment;
4) a description of the impact of the planned waste extraction on the environment;
5) a description of the technical protection of the site after the extraction of the waste, and in the case of a closed landfill site or its part also a description of the remediation activities.
Article 145. [ Prohibition of extracting waste from landfill] 1. The extraction of waste from the landfill site where the mixed municipal waste or mixed municipal waste with other types of waste is stored is prohibited.
2. The extraction of waste referred to in paragraph shall be allowed. 1, in the case of demolition of the landfill site, including the rehabilitated landfill, if:
1) the negative impact of the landfill site on the environment cannot be removed in any other way;
2) it is necessary in connection with the implementation of the planned undertaking within the meaning of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
Article 146. [ Closure of the landfill site or of its divisional part] 1. The closure of the landfill site or its isolated part requires permission to close the landfill site or its divisional part.
2. The consent shall be issued, by decision, by the competent authority referred to in art. 129 (1) 1, upon request made by the management of the landfill of waste.
3. The application for consent to the closure of the landfill or its isolated part shall contain:
1) the date of cessation of the receipt of waste for storage on the landfill of the waste or its divisional part;
2. determination of the technical means of closing the landfill site or its separated part together with the timetable for the work associated with that closure;
3) determine the way of rehabilitating the landfill site or its isolated part along with a schedule of work related to this remediation;
4. the deadline for the completion of the rehabilitation of the landfill site or its isolated part.
4. If the technical determination of the landfill of the landfill or of its isolated part, or the determination of the method of remediation of the landfill, together with the schedule of work associated with that closure or this remediation, shall be subject to change The instructions for the operation of the landfill site, the management of the landfill site, shall at the same time be requested to permit the closure of the landfill site or the dedicated part of the waste storage site to apply for a new statement of approval. carrying out landfills.
5. Prior to the release of consent to the closure of the landfill site or its isolated part of the voivodship of the environmental protection inspector, at the request of the competent authority referred to in art. 129 (1) 1, and with the participation of the representative of that authority, shall carry out a check on the land
6. The audit referred to in paragraph 5, it shall not be carried out if the need to close the landfill or its isolated part results from the control of the post-control of the voivodship of the environmental protection inspector.
Article 147. [ Content of the decision to consent to the closure of the landfill site or its divisional part] 1. The decision to consent to the closure of the landfill site or its isolated part shall contain:
1. the date of cessation of the receipt of waste for storage on a landfill or its divisional part, the date of which shall not be later than 3 months from the date of service of the decision;
2. determination of the technical means of closing the landfill site or its separated part together with the timetable for the work associated with that closure;
3) determine the way of rehabilitating the landfill site or its isolated part along with a schedule of work related to this remediation;
4. the deadline for the completion of the rehabilitation of the landfill site or its divisional part;
5. determination of the manner in which the supervision of the rehabilitated landfill or its dedicated part, including monitoring, and the conditions for the exercise of that supervision shall be performed.
2. The management of the landfill shall notify the competent authority referred to in Article 3. 129 (1) 1, and the provincial environmental protection supervisor for the execution of the rehabilitation work specified in the decision to agree to the closure of the landfill site.
Article 148. [ Experts concerning the closure of the landfill or its divisional part] 1. Where the management of the landfill has not requested the consent to be given to the closure of the landfill site or of its isolated part, and the following circumstances are in place:
1) the landfill of the waste or its divisible part does not meet the technical or formal requirements laid down in the law or
2) as a result of the inspection of the voivodship of the environmental protection inspector finds that in the landfill of wastes other than hazardous and inert, on which municipal waste is stored, no waste is accepted for at least a year, or
3) the capacity of the landfill, as defined in the approved statement of disposal of the landfill, has been filled
-the competent authority referred to in Article 129 (1) 1, draw up an expert report on the closure of the landfill site or its dedicated part, and a new manual of disposal of the landfill site.
2. An expert on the closure of a landfill or a dedicated part of it shall specify in particular:
1) the technical means of closing the landfill site or its separated part together with the schedule of work associated with this closure;
2) how to rehabilitate the landfill site or its isolated part along with a schedule of works related to this remediation;
3. the manner in which the supervision of a rehabilitated landfill or a dedicated part thereof, including monitoring, and the conditions for the exercise of that supervision, shall be performed.
3. On the basis of an expert report on the closure of the landfill site or a separate part thereof, the competent authority referred to in Article 3 (1) of the Regulation shall not 129 (1) 1, ex officio, shall issue a decision on the closure of the landfill site or its divisional part.
4. By issuing a decision to close the landfill site or to its isolated part, the competent authority referred to in Article 129 (1) 1, at the same time it shall issue, ex officie, a decision approving a new instruction to carry out a landfill.
Article 149. [ Execution of decisions and instructions] 1. The decision to close the landfill site or its isolated part and instructions for the operation of the landfill site together with the decision approving this statement shall be carried out by the management of the landfill of the waste.
2. Where the management of a landfill cannot be identified or the execution has proved to be ineffective, the obligation to implement the decisions referred to in paragraph 1 shall be taken into force. 1, is the mayor, mayor or president of the city, due to the location of the landfill site.
3. The ruler of the earth shall be obliged to enable the implementation of the decisions referred to in paragraph. 1.
4. The decision to close the landfill or its divisional part shall contain:
1) the date of cessation of the receipt of waste for storage on the landfill of the waste or its divisional part;
2. determination of the technical means of closing the landfill site or its separated part together with the timetable for the work associated with that closure;
3) determine the way of rehabilitating the landfill site or its isolated part along with a schedule of work related to this remediation;
4. the deadline for the completion of the rehabilitation of the landfill site or its divisional part;
5. the manner in which the supervision of a rehabilitated landfill or a dedicated part thereof, including monitoring, and the conditions for the exercise of that supervision, shall be performed.
(5) The decision to close the landfill or to its unallocated part shall be issued no later than six months after the date of implementation of the expert report on the closure of the landfill site or its divisional part.
6. Article Recipe 147 para. 2 shall apply mutatis mutandis.
Article 150. [ Expertise costs] 1. The costs of drawing up the expert report on the closure of the landfill site or the dedicated part thereof and the new instructions for carrying out the landfill sites referred to in Article 3 (1) of the Regulation. Par. 148 1, shall be responsible for the management of the landfill site.
2. To cover related costs:
1) with the drawing up of expert reports on the closure of the landfill site or its dedicated part and the new instructions for the disposal of the landfill site,
2) with the closure of the landfill site or its isolated part in the cases referred to in art. 149 (1) 2
-financial resources from the established security of claims may be allocated.
Article 151. [ Modification of the management of a landfill] 1. A change to the management of a landfill shall require:
1. transfer to an entity interested in taking over the landfills of the rights and obligations resulting from the decision approving the statement of the operation of the landfill site, and, as appropriate,
(a) an integrated authorisation or waste treatment permit,
(b) consent to the closure of the landfill site or its isolated part or decision to close the landfill site or its divisional part;
2) obtaining by the entity interested in taking over the landfill of the legal title to dispose of the entire property, on which there is a localised landfill, together with all installations and equipment related to the conduct of that waste storage sites.
2. The acquisition of the landfill site shall be the establishment of the securing of claims by the entity interested in taking over the landfill site and the expression of consent by:
1) an entity interested in taking over the landfill site-for the adoption of all the rights and obligations contained in the decisions referred to in the paragraph. 1 point 1;
2) to manage the landfill site so far-to take over the landfill of the waste site by the entity referred to in point 1.
3. The entities referred to in paragraph. 2, they agree, by making written submissions.
4. The transfer of rights and obligations may occur in the event that the entity interested in taking over the landfill of the waste provides the correct performance of the duties resulting from the decisions referred to in the mouth. 1 point 1.
5. The transfer of rights and obligations from the integrated licence shall be carried out under the conditions laid down in the Act of 27 April 2001. -Environmental law.
6. The transfer of rights and obligations shall take place upon request by the entity concerned to take over the landfill site.
7. The application referred to in paragraph 1. 6, shall be accompanied by the statements referred to in paragraph 1. 3, and documents and statements confirming the possibility of proper performance of the duties resulting from the decisions referred to in the paragraph. 1 point 1.
8. The transfer of rights and obligations or refusal to transfer rights and obligations shall take place by decision of the competent authority referred to in art. 129 (1) 1.
Article 152. [ The decision to transfer rights and obligations] 1. The entity which has obtained the decision to transfer the rights and obligations and the legal title to dispose of the entire property on which the waste landfill is located, together with all the installations and equipment related to the conduct of that the landfill shall take over all the rights and obligations arising from the decisions referred to in Article 151 ust. 1 point 1.
2. From the date of receipt by the entity referred to in paragraph. 1, the legal title, the funds collected in the remediation fund shall be transferred, by virtue of the law, to the entity which has obtained the decision to transfer the rights and obligations.
3. In the decision to transfer the rights and obligations, the amount and form of the established security of claims shall be approved.
Article 153. [ Application for reimbursement of established claims collateral] The manager of the waste site hitherto may lodge an application for reimbursement of the established security of claims after the new manager has obtained a legal title to dispose of the entire property on which it is located. waste disposal, together with all installations and equipment associated with the operation of the landfill site.
Article 154. [ Legal effects and termination of the decision to transfer rights and obligations] 1. The decision to transfer the rights and obligations shall have legal effects after the applicant has obtained the legal title to dispose of the entire property on which the waste landfill is located, together with all the installations and equipment associated with the operation of the landfill.
2. The decision to transfer the rights and obligations shall expire after one year from the date of its service, if the applicant has not obtained the legal title to dispose of the whole property on which the waste landfill is located, together with all installations and equipment associated with the operation of this storage site.
Chapter 2
Thermal conversion of waste
Article 155. [ Thermal transformation of waste] Thermal transformation of waste shall only be carried out in waste incineration plants or in waste co-incineration plants, subject to Article 31.
Article 156. [ Waste incineration plant] 1. The managing incineration plant or waste co-incineration plant shall be the operator of the thermal conversion of waste in the waste incineration plant or waste co-incineration plant respectively.
2. The management of waste incineration plant or waste co-incineration plant shall be employed as a manager of a waste incineration plant or waste co-incineration plant only by a person holding a certificate stating the competence for the management of the waste. waste, appropriate to the waste treatment processes carried out.
Article 157. [ Designing, building, equipping and using waste incineration plants and waste co-incineration plants] 1. Waste incineration plants and waste co-incineration plants shall be designed, constructed, equipped and used in such a way as to achieve the thermal conversion of waste, where the quantity and harmfulness for life, human health or for the health of the waste is achieved. the environment, waste and other emissions resulting from the thermal transformation of waste will be as low as possible.
2. If the thermal transformation of waste applies processes other than oxidation, such as pyrolysis, gasification or plasma process, then the waste incineration plant or waste co-incineration plant shall cover both these processes and the following after them the process of incineration of substances arising during these thermal transformation processes of waste.
Article 158. [ D10 disposal process, R1 recovery process] 1. Termical conversion:
1) hazardous waste,
2) solid municipal waste in waste incineration plants or in waste co-incineration plants
-constitutes the disposal process of D10 listed in Annex no 2 to the Act.
2. Termical transformation, for energy recovery:
1) packaging waste,
2) non-hazardous waste,
3) solid municipal waste in waste incineration plants intended solely for the processing of solid municipal waste, the energy efficiency of which is at least equal to the values set out in Annex No. 1 to the Act,
4) the waste referred to in art. 163
-constitutes the recovery process R1, as listed in Annex no. 1 to the Act.
Article 159. [ Energy from renewable energy] 1. Part of the energy recovered from the thermal conversion of waste containing biodegradable fractions can be energy from a renewable energy source, if the technical conditions for the classification of the energy recovered from the thermal energy are met the transformation of waste as energy from renewable sources of energy, as referred to in the provisions adopted on the basis of the paragraph. 2.
2. The Minister of Environmental Affairs in agreement with the Minister responsible for the economy will determine, by regulation, the technical conditions of the qualification of the energy part recovered from the thermal transformation of waste as energy from a renewable energy source, guided by technical possibilities, biodegradable fractions contained in specific types of waste and environmental protection.
Article 160. [ Obligations of the waste incineration plant or waste co-incineration plant] 1. The management of waste incineration plant or waste co-incineration plant shall be obliged, at the time of the reception and thermal conversion of waste, to take the necessary precautions to prevent or limit negative effects for the environment, in particular with regard to air pollution, soil, surface and groundwater and smells and noise, as well as a direct threat to human life or health, and to compliance with thermal requirements conversion of waste.
2. The management of waste incineration plant or waste co-incineration plant, taking the waste to their thermal conversion, shall also be obliged to:
1) the determination of the waste mass;
2) verification of the compliance of the adopted waste with the data contained in:
(a) the waste transfer card,
(b) documents required pursuant to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006. on shipments of waste (Dz. Urz. EU L 190 of 12.07.2006, str. 1, from late. zm.)-in the case of imports of waste from abroad,
(c) the documents required for the transport of dangerous goods, in the case of transport of hazardous waste.
3. The management of waste incineration plant or waste co-incineration plant, assuming hazardous waste for their thermal conversion, shall also be subject to:
1. to familiarise themselves with the waste-description provided by the waste-holder, which should include:
(a) the physical condition and chemical composition of hazardous waste and the information necessary to assess the suitability of such waste to the thermal conversion process of waste,
(b) waste properties,
(c) an indication of the substances with which the waste cannot be combined for the combined thermal transformation of the substance,
(d) the necessary precautions relating to the handling of such waste;
2. sampling, prior to the discharge of the waste, in order to verify the conformity of the physical condition and chemical composition and the characteristics of the waste with the description referred to in point 1;
3. the storage of the samples referred to in point 2 for a period of at least one month after the thermal conversion of the waste.
4. The provision of the paragraph. 3 point 2 shall not apply to medical waste and to veterinary waste.
5. The management of waste incineration plant or waste co-incineration plant, thermally transforming the waste, shall be obliged to:
1) study of physical and chemical properties of wastes arising from thermal transformation of waste, including in particular soluble fractions of heavy metals;
2) the transport and storage of waste in the form of dust, resulting from the thermal conversion of waste, in closed containers;
3. the determination of the safe route of transport of hazardous waste resulting from the thermal conversion of waste, if such waste has not been able to be recovered or disposed of in the place of origin of the waste.
6. The provisions of the paragraph. 3. It shall not apply to a waste generator which only transforms its own waste only at the place of its origin, provided that the requirements for waste incineration plants or waste co-incineration plants are kept.
7. The incineration or co-incineration of waste with energy recovery shall take place while maintaining a high level of energy efficiency.
8. The Minister responsible for the economy in agreement with the Minister responsible for the environment will determine, by regulation, the requirements for conducting the thermal conversion process of waste, with the exception of medical waste and veterinary, and ways to deal with the waste arising from the thermal conversion of waste, guided by the properties of waste and the protection of the environment.
Article 161. [ The decision to halt the thermal conversion of waste in an incineration or co-incineration plant] 1. In the event of a failure by the management of the waste incineration plant or the co-incineration plant, the obligations referred to in Article 4 155-160, the provincial environmental inspector, guided by the degree of non-performance of duties and the threat to life, human health or the environment, may issue a decision on halting the thermal conversion of waste in this incineration plant or co-incineration plant.
2. In the case referred to in paragraph. 1, at the request of the management of the waste incineration plant or waste co-incineration plant, the provincial environmental inspector, guided by the degree of non-performance of duties and the threat to life, human health or the environment, may, by way of the order, set a time limit for the removal of the irregularities found, suspending the proceedings for that period. That period shall not be longer than one year from the date of service of the order.
3. In case of failure to remove irregularities within the set deadline, the provincial environmental inspector shall withhold, by decision, thermal conversion of waste in waste incineration plant or waste co-incineration plant.
4. In the decisions referred to in paragraph 1. 1 and 3, it shall also specify the date of cessation of the thermal conversion of waste, taking into account the need for safe for life or human health, or for the environment to withhold thermal transformation of waste. That period shall not be longer than one year from the date of service of the decision.
5. The procedure for the decision to suspend the thermal conversion of waste shall be initiated from office.
6. The decisions referred to in paragraph 1. 1 and 3, the provincial environmental inspector may give a rigor of immediate enforceability, guided by the degree of non-performance of duties and a threat to the life or health of people, or for the environment.
Article 162. [ Consent to thermal conversion of waste] 1. The withholding of thermal transformation of waste shall not preclude the obligation to remove the effects of thermal conversion of waste at the expense of the management of waste incineration plant or waste co-incineration plant.
2. After the statement that the reasons for the cessation of operations have ceased, the provincial environmental inspector, at the request of the management of the incineration plant or the co-incineration plant, expresses, by decision, the consent to take the thermal transformation of the waste.
3. In the event of a cessation of the thermal conversion of waste for more than a year, the permit for the treatment of waste shall be withdrawn.
Article 163. [ Exemptions from the application of Article 155-162 of the Act] 1. Rules of the art. 155-162 shall not be used for the installation of thermally transforming waste only:
1) agricultural and forestry vegetation;
2) plant from the food processing industry, if the produced heat energy is recovered;
3) fibrous, plant from the production process of primary pulp and from the process of manufacture of paper from the mass, if these waste is incinerated at the place of production, and the produced heat energy is recovered;
4. cork;
5. wood, except wood contaminated with impregnates and protective coatings, which may contain halogenated organic compounds or heavy metals, consisting of, in particular, waste of wood originating from construction, refurbishment and demolition construction works and road infrastructure;
6) originating from the exploration and exploitation of oil and natural gas resources on offshore mining platforms and incinerated on these platforms.
2. Rules of the art. 155-162 shall not also apply to experimental installations used for research, development and testing to improve the incineration process in which less than 50 Mg of waste is processed per year, provided that the installations are operated over a period of not more than one year.
Article 2a. 155-162 shall not also apply to waste or pyrolysis installations where the gases resulting from gasification or pyrolysis are treated to such an extent that no waste is already in place before the incineration and may not cause emissions greater than the combustion of natural gas.
3. Requirements for the thermal conversion of hazardous waste shall not apply to the following hazardous wastes:
1. liquid combustble wastes, including waste oils, which fulfil the following conditions:
(a) the content of PCBs and pentachlorophenol (PCP) does not exceed values which would result in hazardous waste,
(b) the content of the ingredients listed in Annex 4 to the Act does not exceed the concentrations that cause the waste to be hazardous.
(c) (repealed)
2) (repealed)
Chapter 3
Qualifications in waste management
Article 164. [ Qualifications for waste management] The manager of the waste incineration plant, waste co-incineration plant, landfill site as well as the person managing the facility for the disposal of extractive waste may only be the holder of a certificate stating the qualifications for the management of the waste. waste, appropriate to the waste treatment processes carried out.
Article 165. [ Certificate of qualification in waste management] 1. The certificate stating qualifications in the field of waste management shall issue the Marshal of the voivodship, after the submission by the person concerned, with the result of a positive result, an examination in the field of waste management.
2. For issuing a certificate stating the qualifications in the field of waste management, a fee of 1% of the average monthly remuneration in the enterprise sector for the last quarter, announced by the President of the Chief Office shall be collected Statistical in the Official Journal of the Republic of Poland "Monitor Polski".
Article 166. [ Application for an examination of the waste management test] 1. The application for an examination of the waste management shall include the name of the applicant, the date and place of birth and the place of residence of the applicant, as well as an indication of the extent of the qualification requested by the applicant.
2. The application referred to in paragraph 2. 1, shall be accompanied by proof of payment of the fee for carrying out the examination for the management of waste.
3. A fee of 34% of the average monthly salary referred to in art shall be charged for the taking of the waste management exam. 165 par. 2.
Article 167. [ Waste Management Test, Certificate of Qualifications for Waste Management] 1. An examination of waste management shall be carried out and a certificate stating the qualifications for the management of waste shall be issued in the following areas:
1) thermal transformation of waste;
2. storage of waste;
3) operation of the facility for the disposal of extractive waste.
2. Examination in the scope of waste management shall be carried out by the Selection Board appointed by the Marshal of the Voivodeship.
3. Persons with higher education in the fields of biological, chemical, law, environmental, environmental engineering, chemical engineering or chemical engineering and having a higher education may be composed of the Selection Board detailed requirements laid down in the provisions issued pursuant to the paragraph. 7.
4. The members of the Selection Board for participation in the work of the committee shall be entitled to remuneration, in the amount specified in the provisions issued on the basis of the paragraph. 7.
5. In the event of a negative result from the examination in the field of waste management, the person concerned may rejoin the examination not earlier than after the expiry of the 6 months after the day of the examination, from which he obtained a negative result.
6. The fees referred to in Art. 165 par. 2 and Art. 166 par. 3, shall be concerned. The proceeds of these charges constitute the revenue of the State budget.
7. The Minister responsible for environmental matters shall determine, by means of a regulation:
(1) the mode of appointment of the examination committee referred to in paragraph 1. 2, its composition and the detailed requirements of the members of the committee,
2) the detailed scope of the messages subject to the verification of the waste management exam,
3) mode of conducting the exam in the field of waste management,
4) the way of paying the fee related to the performance of the exam in the field of waste management and the issue of a certificate stating qualifications in the field of waste management,
5) the remuneration of the members of the Selection Board,
6) model certificate of qualification in the field of waste management
-having regard to the need for an examination to be carried out and to ensure that the messages concerned are properly checked and shall be guided by the need to ensure the proper disposal of the waste and the need to protect the environment.
CHAPTER IX
Tasks within the scope of government administration implemented by the self-government of the voivodship and specific provisions in the proceedings for the issue of waste management decisions
Article 168. [ Commissioned tasks] Tasks of the self-government of the voivodship referred to in art. 8 ust. 5, art. 23 (1) 4, art. 31 par. 1, art. 41 par. 3 pt. 1 and paragraph 3. 6, art. 46, art. 47 para. 1, 2, 4 and 7, art. 129 (1) 1, art. 130, art. 131 (1) 4, art. 133, art. 134, Art. 135 par. 3 and 4, art. 144 ust. 3, art. 146 (1) 2 and 5, art. Par. 148 1, 3, and 4, art. 151 ust. 8, art. 165 par. 1 and Art. 167 par. 2 are tasks commissioned from the scope of government administration.
Article 169. [ Higher Authority] The Minister responsible for the environment is a higher level body in relation to the Marshal of the voivodship in the cases referred to in art. 168, with the exception of the cases referred to in Article 168. 165 par. 1 and Art. 167 par. 2.
Article 170. [ Proceedings] 1. To proceedings in cases of permit for collection of waste, permit for the treatment of waste, permit for the collection and treatment of waste, decision approving the instructions for the operation of the landfill site, consent to the closure of the landfill site or its isolated part and the consent for the extraction of waste from the landfill shall not apply to Article 4 (1) of the Regulation. 31 of the Act of 14 June 1960. -Administrative Code of Conduct.
2. The parties to the proceedings referred to in paragraph 1. 1, there are no owners of property adjacent to the installation or property where the collection will be carried out, the treatment of waste or the extraction of waste from the landfill site.
3. The provisions of the paragraph. 1 and 2 shall not apply in the procedure for the issue of an integrated licence or for the authorisation of waste for incineration or waste co-incineration plants.
SECTION X
Criminal provisions and administrative fines
Chapter 1
Penal provisions
Article 171. [ Responsibility for carrying out waste management not in accordance with the order set out in Art. 16] Who conducts waste management not in accordance with the order laid down in art. 16
shall be punished by arrest or fine.
Article 172. [ Responsibility for the use of municipal sewage sludge and the disposal of infectious medical or contagious veterinary waste] 1. Who, contrary to the provision of Art. 20 para. 3, apart from the area of the voivodship on which they were manufactured:
1) use municipal sewage sludge or
2. disposing of infectious medical waste or infectious veterinary waste
shall be punished by arrest or fine.
2. The same penalty shall be subject to who, contrary to the provision of art. 20 para. 4 imports into the area of the province of waste referred to in paragraph 4. 1, created outside the area of this voivodship, for the purposes referred to in paragraph. 1.
Article 173. [ Responsibility for the treatment of waste outside the area of municipal waste management region] 1. Who, contrary to the provision of Art. 20 para. 7 processes, outside the area of the region of municipal waste management, on which they have been manufactured:
1) mixed communal waste,
2) residues from the sorting of municipal waste or residues from the process of mechanical-biological treatment of municipal waste, intended for storage,
3. green waste
shall be punished by arrest or fine.
2. The same penalty shall be subject to who, contrary to the provision of art. 20 para. 8 imports into the area of the region of waste management of municipal waste referred to in paragraph 1. 1, produced outside of this region.
Article 174. [ Liability for the transport of waste infringing the requirements laid down in Article 24 ust. 1 of the Act] 1. Who, transporting the waste, violates the requirements referred to in art. 24 ust. 1, shall be punished by arrest or fine.
2. The same penalty shall be subject to who, in the exercise of the waste transport service, contrary to the provision of art. 24 ust. 4 shall not provide waste:
1) to the holder of the waste, which has been designated to him by the subcontracting of this service, or
2) to the destination of the waste that has been indicated to him by the subcontracting of this service.
3. The same penalty shall be subject to, who, storing the waste, violates the requirements referred to in art. 25.
Article 175. [ Liability for outsourcing of waste management to inappropriate entities] Who, being a landlord of the waste, commissioning, contrary to the provision of art. 27 ust. 2, the management of waste to entities that have not obtained the required decisions or required entry in the register
shall be punished by arrest or fine.
Article 176. [ Responsibility for conducting waste treatment processes contrary to the provisions of the Act] 1. Who, contrary to the provision of Art. 33 (1) 1 shall carry out waste treatment processes in a manner that does not ensure that these processes do not endanger life or human health and the environment
shall be punished by arrest or fine.
2. The same penalty shall be subject to who, contrary to the provision of art. 33 (1) 1 shall carry out waste treatment processes in such a way as to ensure that the waste arising from these processes does not pose a risk to human life or health and to the environment.
Article 177. [ Responsibility for the collection of waste without an agreement concluded] 1. Who, without having concluded an agreement, referred to in art. 45 par. 2, collects waste
shall be punished by arrest or fine.
Article 178. [ Responsibility for the management of waste not in accordance with the information notified to the register] Who is hosting the waste, not according to the information reported in the register referred to in art. 52
shall be punished by arrest or fine.
Article 179. [ Liability for failure to comply with registry obligations] Who is against the provisions of art. 50 par. 1, art. 59 (1) 1 and Art. 60 par. 1 shall not submit an application for entry in the register, to amend the entry in the register or to delete it from the register or to submit an application incompatible with the facts, shall be punished by the arrest or fine.
Article 180. [ Liability for failure to comply with obligations relating to waste records] Who, contrary to the obligation, does not keep records of the waste or keeps this record in a manner that is untimely or inaccurate,
shall be punishable by
Art. 180a. [ Responsibility for failure to report] Who, contrary to the obligation referred to in art. 76, does not report, shall be punished by the fine.
Article 181. [ Responsibility for reclaim or incineration on a PCB] Who is against the provisions of art. 85 and Art. 88, PCB:
1) submit to recovery or
2) Spala on ships
shall be punished by arrest or fine.
Article 182. [ Responsibility for mixing waste oils with other hazardous waste] Who, contrary to the provision of art. 92 mixes waste oils with other hazardous waste, including those containing PCBs, at the time of collection or storage, if the level of specified substances in the waste oils exceeds the limit values,
shall be punished by arrest or fine.
Article 183. [ Liability for non-compliant procedures with medical or veterinary waste] 1. Who:
1. shall recover such types of medical waste and to veterinary waste, the recovery of which is inadmissible in accordance with Article 4 (1). 94 par. 1 or
2. disposing of medical waste or veterinary waste in violation of Article 95 (1) 1 or 2
shall be punished by arrest or fine.
2. The same penalty shall be subject to who, contrary to the provision of art. 95 (1) 3. inactivates infectious medical waste or infectious veterinary waste by co-incineration.
3. The same penalty is subject to who, contrary to the provision of art. 95 (1) 4, 5 or 6 does not issue, does not transmit or store a document confirming the disposal.
Article 184. [ Responsibility for the transfer to the use of the land surface of municipal sewage sludge] 1. Who, without being a producer of municipal sewage sludge, conveys to the application of the ruler land the municipal sewage sludge
shall be punished by arrest or fine.
2. The same penalty shall be subject to who, contrary to the provision of art. 96 (1) 8, does not notify the provincial environmental inspector about the intention to transfer municipal sewage sludge to the ruler of the land on which these settlements are to be applied.
Article 185. [ Liability for the use of municipal sewage sludge not in accordance with the conditions laid down in the Act, responsibility for the non-testing of sediments] 1. Who shall not in accordance with the conditions laid down in art. 96 (1) 4 or contrary to the prohibitions referred to in Article 96 (1) 5 or 12, use municipal sewage sludge
shall be punished by arrest or fine.
2. The same penalty shall be subject to the manufacturer of municipal sewage sludge, which is not in accordance with art. 96 (1) 6 and 7 shall not be subjected to the municipal sewage sludge and the land on which these sediments are to be used or transmitted together with the municipal sewage sludge information on sediment dose and test results.
Article 186. [ Liability for the failure to maintain the obligation to store the results of studies or information] Who, being the ruler of the earth, is against the obligation referred to in art. 96 (1) 10, does not keep the results of the studies or information referred to in art. 96 (1) 6 and 7
shall be punished by arrest or fine.
Article 187. [ Liability for the disposal of waste from the production of titanium dioxide and from the treatment of such waste] Who, contrary to the provision of art. 97, disposal by sea, including seabed, waste from the production of titanium dioxide and from the processing of such waste
shall be punished by arrest or fine.
Article 188. [ Responsibility for the acceptance of metal waste other than metal packaging waste after food products] Who, when driving a waste collection point of metals, accepts metal waste other than metal packaging waste after food products:
1) without confirmation of the identity of the person transferring those wastes, or
2) without the completion of the metal waste reception form, or
3) filling in the form of the acceptance of metallic wastes not in accordance with the actual state
shall be punished by arrest or fine.
Article 189. [ Liability for irregularities at the reception of waste for storage] 1. Who, being the managing landfill, shall accept for the storage of waste, in relation to which:
(1) The basic characteristics of the waste referred to in Article 4 (1) have not been drawn up. 110 (1) 2, or
2) the conformity test referred to in Article 4 has not been carried out. 113 (1) 1, if required
shall be punished by arrest or fine.
2. The same penalty shall be subject to who, being the managing authority of the waste, fails to fulfil the obligations incumbents in the scope of:
1. the verification referred to in Article 114 par. 2, or
2) the collection and storage of samples of waste delivered for storage to the landfill in accordance with art. 115 (1) 1, or
3) the determination of the mass of waste to be taken into storage, according to art. 119 (1), or
4) check the compliance of the adopted waste with the data contained in the transfer card of waste or documents required for international shipment of waste, in accordance with art. 119 (2), or
5) check the containers and certificates required for the storage of metallic mercury waste, according to art. 119 (3), or
6) refusal to accept waste for landfill in the landfill in the cases referred to in art. 120 (1) 1, or
7) ensure the selective storage of the waste referred to in Article 121 (1) 1, stored on a landfill site, taking into account the condition set out in the art. 121 (1) 2, or
8) carrying out the monitoring of the landfill site, in accordance with art. 124 (1) 4, or
9) transmission of the results of monitoring of the landfill site to the provincial environmental protection inspector, in accordance with art. 124 (1) 5, or
10. maintaining and carrying out the landfill site in such a way as to ensure the proper functioning of the technical equipment constituting the equipment of the landfill and the maintenance of the sanitary, safety and health requirements of the work, the fire protection, and the environmental protection requirements, in accordance with the instructions for the operation of the landfill site and the decision approving the waste storage facility, in accordance with the provisions of Article 135 par. 2, or
11) notify the Voivodship Environmental Protection Inspector or the State Sanitary Inspector of the changes observed in the landfill of changes of observed parameters, in accordance with art. 138, or
(12) the storage of documents on the basis of which a report on the waste generated and the management of waste is drawn up until the landfill is closed and the documents have been forwarded to the next landfill manager, or the ruler of the earth, in accordance with art. 78 par. 2 and 3, or
13) cessation of the receipt of waste for storage to a landfill of waste or its isolated part in case of consent to the closure of the landfill site or its divisional part referred to in art. 146 (1) 1, or the decision to close the landfill site or its divisional part referred to in Article Par. 148 3.
Article 190. [ Liability for the employment of a person who does not hold a certificate of qualification] Who employs, against the rules of art. 132 and Art. 156. 2, as manager of a landfill site, waste incineration plant or waste co-incineration plant, a person who does not hold a certificate of competence for waste management, appropriate to the waste disposal process carried out in the
shall be punished by arrest or fine.
Article 191. [ Responsibility for the thermal conversion of waste beyond waste incineration or waste co-incineration plant] Who, contrary to the provision of art. 155, thermally converts waste outside waste incineration or waste co-incineration plant
shall be punished by arrest or fine.
Article 192. [ Liability of the waste incineration plant or waste co-incineration plant] Who is managing waste incineration plant or waste co-incineration plant:
1) by accepting the waste to their thermal conversion, does not set the weight of the waste or does not check the conformity of the adopted waste with the data contained in the documents referred to in art. 160 (1) 2 (2), or
2) by accepting hazardous waste for their thermal conversion, do not familiarizing themselves with the description of the waste or does not collect, or does not store the samples of such waste, according to art. 160 (1) 3
shall be punished by arrest or fine.
Article 193. [ Application of provisions of the Code of Conduct on Offense Cases] Adjudication on the matters referred to in Article 171-192 shall be subject to the conditions and in accordance with the procedure laid down in the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2016 r. items 1713).
Chapter 2
Administrative fines
Article 194. [ Administrative pecuniate penalty] 1. The administrative penalty payment shall be made for:
1) a change in the classification of hazardous waste for non-hazardous waste referred to in art. 5, by diluting or mixing with each other, or with other waste, substances or materials, leading to a reduction in the initial concentration of dangerous substances to a level lower than that specified for hazardous waste;
2) mixing of hazardous wastes of different types, mixing hazardous wastes with non-hazardous wastes or mixing hazardous wastes with substances, materials or objects, including dilution of the substance in question in Article 21 (1) 1, or mixing of these wastes, contrary to the conditions referred to in art. 21 (1) 2;
3) the collection of waste against the prohibitions referred to in art. 23 (1) 2;
4) collection of waste or treatment of waste without the required permit or management of waste not in accordance with the authorised waste collection permit, the permit to process waste or permit the collection and treatment of waste, o This is a matter of the 41;
5. pursuit of activities in the field referred to in art. 50 par. 1, without the required entry in the register;
(5a) failure to place the registration number on documents drawn up in connection with the conduct of the business, contrary to the obligation referred to in Article 63;
6) make a discharge of waste oils into the waters, soil or land, contrary to the ban referred to in art. 93;
7) dilution or preparation of mixtures of wastes with each other or with other substances or objects referred to in art. 122 (1) 3;
8) the extraction of waste, not in accordance with the provisions referred to in art. 143 (1) 2 and Art. 144.
2. The provisions of the paragraph. 1 shall not apply where an increase in the amount referred to in Article 4 may be fixed for a breach. 293 of the Act of 27 April 2001. -Environmental law.
3. Administrative penalty payments for the infringements referred to in paragraph 1. 1, is not less than 1000 zł and may not exceed 1 000 000 zł.
Article 195. [ Liability for the transport of waste without obtaining a permit for the transport of waste or entry in the register] Who, contrary to the obligation referred to in art. 233 par. 2, transport the waste without obtaining a permit for the transport of waste or entry in the register
shall be subject to an administrative penalty payment of between 2000 and 10 000 PLN.
Article 196. [ Decision on the administration of the administrative penalty] Administrative penalty payment, by decision, provincial environmental inspector competent for the place of manufacture or waste management.
Article 197. [ Grounds For Infringement] The provincial environmental inspector finds a violation in particular on the basis of:
1) inspections, including those made during their measurement, or by other means;
2) measurements and tests carried out by a body required for such measurements and tests;
3) the notice made by the Marshal of the Voivodeship, the Regional Director of Environmental Protection or the Minister responsible for the environment.
Article 198. [ The content of the decision measuring the administrative penalty payment] In a decision which provides for an administrative administrative penalty, the following shall be laid down in particular:
1) the nature of the infringement and the date of the infringement;
2) the amount of the administrative penalty payment.
Article 199. [ Setting the amount of the administrative penalty payment] When determining the administrative amount of the monetary penalty, the provincial environmental inspector shall take into account the nature of the infringement and its impact on human life and health and the environment, the duration of the infringement and the size of the activity, and shall take into account the impact of these infringements and the magnitude of the risk.
Article 201. [ Deadline for payment of administrative fines] 1. The administrative financial penalty shall be paid within 14 days from the day on which the decision on the administration of the administrative penalty has become final, into a separate bank account of the appropriate provincial environmental protection inspector respectively.
2. Proceeds from the administrative fines of the voivodship of the provincial environmental officer shall transfer to the bank account of the National Fund for Environmental Protection and Water Management by the end of the following month after the end of each quarter.
Article 202. [ Application of the provisions of Chapter III of the Tax Ordinance] In cases concerning administrative fines, the provisions of Section III of the Act of 29 August 1997 apply accordingly. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.), with the fact that the powers of the tax authority are entitled to the provincial environmental protection inspector.
CHAPTER XI
Amendments to the provisions in force, transitional provisions, adaptation and final provisions
Chapter 1
Amendments to the provisions in force
Article 203. [ Waste Act] Whenever the provisions in force are in force, the Act of 27 April 2001 is set out. Of the waste-this is understood by the Act of 14 December 2012. Waste.
Chapter 2
Transitional, adaptation and final provisions
Article 222. [ Recovery processes R14 and R15] The recovery processes R14 and R15 specified in the previous provisions shall become, respectively, the recovery processes of R3, R5, R11 and R12 as set out in Annex No 1 to this Act.
Article 223. [ A change in the classification of hazardous waste to non-hazardous waste-notification] Manufacturers of waste, who have made changes to the classification of hazardous waste for other than hazardous waste, are obliged to submit the notification referred to in Article. 8 ust. 1, within a period of two years from the date of entry into force of this Act.
Article 224. [ Activity in the field of waste arising from the disposal of infectious medical waste or contagious veterinary waste] The holder of a waste collection which has been incurred during the disposal of infectious medicinal products or contagious wastes in veterinary waste by methods other than thermal transformation of waste may carry out activities in this area. in accordance with the decisions made on the basis of existing provisions, but no longer than 3 months from the date of entry into force of this Law, unless they have expired before.
Article 225. [ Validity of authorisations for the incineration of waste other than installations or equipment] Authorisations for the incineration of waste outside the installations or equipment referred to in Article 13 (1) 4 of the Act referred to in art. 252, they shall remain valid for the time they have been issued.
Article 226. [ Temporary obligation to obtain a permit for the treatment of waste] Pending the adoption of the provisions referred to in art. 45 par. 3, the holder of the waste mentioned in art. 45 par. 1 points 7 and 8 shall be required to obtain a permit for the treatment of waste. From the date of entry into force of the provisions issued on the basis of art. 45 par. 3, the permit for the treatment of waste shall expire in the scope of those provisions.
Article 227. [ National waste management plan and provincial economic plans] The national waste management plan and the provincial waste management plans adopted on the basis of existing regulations shall become the national waste management plan and the voivodship plans for waste management within the meaning of the provisions of the regulations. This Act.
Article 228. [ Validity of resolutions concerning the reception of district and municipal waste management plans and the implementation of the voivodship plan of the economy] 1. Tracy power of resolutions concerning the reception of district and municipal waste management plans after 30 days from the date of entry into force of this Act.
2. The praise on the implementation of the voivodship plan of waste management taken on the basis of the Act referred to in art. 252, retains the power until the update of the voivodship plan of waste management and may be amended on the basis of this Act.
Article 229. [ Regions of municipal waste management] The regions of municipal waste management defined in the resolution on the implementation of the voivodship plan of waste management, taken on the basis of the Act referred to in art. 252, becomes the regions of municipal waste management within the meaning of this Act.
Article 230. [ Regional Municipal Waste Treatment Installations] Regional installations for the treatment of municipal waste specified in the resolutions on the implementation of the voivodship plans of waste management become regional installations for the processing of municipal waste within the meaning of this Act.
Article 231. [ Decisions approving a programme for the management of hazardous waste and decisions approving a waste management programme, information, permits] 1. Decisions approving the programme of the management of hazardous waste and decisions approving the waste management programme, issued on the basis of existing regulations, shall expire on the date of entry into force of this Act, subject to art. 232 par. 3.
2. Information about the waste generated and the ways of managing the generated waste, submitted on the basis of existing provisions, shall cease to be valid from the date of entry into force of this Act.
3. Production licences, issued on the basis of existing regulations, shall remain valid for the time for which they have been issued.
4. The originator of the waste, which in the permit referred to in the mouth. 3, has made a change in the classification of hazardous waste to other than hazardous, it is obligatory to adapt the manufacturing authorization to the provisions of this Act within two years from the date of its entry into force.
Article 232. [ Permit for the collection of waste and permit for recovery or disposal of waste] 1. Authorisation for waste collection and permit for recovery or disposal of waste issued on the basis of existing regulations shall become appropriate permits for the collection of waste and permits for the treatment of waste, within the meaning of the provisions of this Law.
2. The authorisations for the collection of waste and the permit for recovery or disposal of waste, issued on the basis of existing provisions, shall remain valid for the time for which they have been issued, however, no longer than three years from the date of entry into force This Act.
3. Decisions issued on the basis of art. 31 par. 3 and art. 32 par. 3 of the Act referred to in art. 252, shall remain valid for the collection, recovery or disposal of waste for the duration of the period for which they have been issued, no longer than three years from the date of entry into force of this Law.
4. Before the expiry of the period referred to in paragraph. 3, the holder of the waste may carry out the collection or treatment of waste on the basis of the decision referred to in the paragraph. 3.
5. Within a period of not more than three years from the date of entry into force of this Act, the holder of the waste may commission the obligation to manage the waste to entities holding the decisions referred to in paragraph. 1-3; the transfer of waste to such holder shall result in the transfer of responsibility for the management of the waste to that holder.
6. Integrated licences, issued before the date of entry into force of this Law, covering the manufacture and management of waste, shall remain valid for the time for which they were issued.
7. The originator of the waste, which in the permit referred to in the mouth. 6, made a change in the classification of hazardous waste to other than hazardous, it is obligatory to adapt the permit integrated into the provisions of this Act within two years from the date of entry into force of this Act.
Article 233. [ Permits for the transport of waste] 1. The permits for the transport of waste issued on the basis of existing regulations shall be valid for the time for which they have been issued, but no longer than by the time of expiry of the time limit for filing an application for entry in the register referred to in art. 49 (1) 1, or on the date of receipt of the entry in that register, where the alert occurred at an earlier date.
2. Until the creation of the register referred to in art. 49 (1) 1, transporting waste shall be obliged to obtain a permit for the transport of waste or entry in the register referred to in art. 33 (1) 5 of the Act referred to in art. 252, on the basis of existing regulations.
3. To issue authorisations for the transport of waste until the creation of the register referred to in art. 49 (1) 1, the provisions of the Act referred to in art shall apply. 252.
Article 234. [ Registry] 1. The register referred to in art. 49 (1) 1, a total of BDO is formed.
2. Entities subject to the obligation to submit an application for entry in the register referred to in art. 49 (1) 1, shall be required to submit this application within 6 months from the date of establishment of the register.
3. Entities holding an entry in the register maintained by the Chief Inspector of Environmental Protection on the basis of existing regulations shall be entered in the register referred to in art. 49 (1) 1, ex officie. The Marshal of the voivodship shall enter the alert within 6 months from the date of creation of the register referred to in art. 49 (1) 1. When making an entry, the marshal of the voivodship allocates a new registration number.
4. Other than those mentioned in paragraph. 3 entities subject to an ex officio entry in the register referred to in art. 49 (1) 1, according to art. 51 (1) 1, fulfilling the requirements to obtain that entry on the date of establishment of the register, shall be entered in that register within 6 months from the date of its creation.
5. In the case when the Marshal of the voivodship, making from the office of the entry to the register referred to in art. 49 (1) 1, establishes the lack of information required under this Law, calls upon the entity referred to in paragraph. 3 or 4, to submit missing information. In the event of failure to supplement the missing information within the prescribed period, the Marshal of the voivodship shall not enter the register from office. Article Recipe 64 of the Act of 14 June 1960. -The Code of Administrative Procedure shall apply mutatis mutandis.
6. In the event of failure to complete the missing information within the prescribed period, the entity referred to in the paragraph. 3 or 4, shall be required to submit an application for entry in the register.
7. Within 3 months from the date of receipt of the notification of the granting of a new registration number, the entities referred to in paragraph. 3, they may use a registered number based on existing regulations.
8. The entities which have an entry in the existing registers on the date of entry into force of this Act shall be exempt from payment of the registration fee.
9. After the expiration of 6 months from the date of establishment of the register or on the date of obtaining the entry in the register referred to in art. 49 (1) 1, by the entity referred to in paragraph. 2-4, the entries to the register kept on the basis of the provisions existing by the Chief Inspector of the Environmental Protection or by the stuffy shall expire.
10. Rules of Art. 208 point 2, art. Article 209 (10) as regards the repeal of the Article 37 point 1, art. 213 point 11, art. 214 point 35, art. 219 points 1 and art. 220 points 19 and 20 shall apply from the date on which the register was established.
11. Until the creation of the register referred to in art. 49 (1) 1, Article shall apply. 13 of the law referred to in art. 213, in the version applicable before the entry into force of this Law.
Article 235. [ Termination of registry] 1. An Starosta conducting a register on the basis of the existing provisions will terminate the keeping of this register on the date of creation of the register referred to in art. 49 (1) 1.
2. The Chief Inspector of Environmental Protection conducting a register on the basis of existing regulations will terminate the keeping of this register from the date of creation of the register referred to in art. 49 (1) 1.
3. Until the creation of the register referred to in art. 49 (1) 1, the provisions of the previous one shall apply to the Registers.
Article 236. [ Waste records] 1. Until 31 December 2014 it shall apply to the records of the waste so far.
2. The Ewision referred to in paragraph 1, shall not lead the entities listed in the Article. 66 (1) 4.
3. Until the provisions referred to in art are issued. 68 par. 1, the waste vendor and the waste agent, which is not waste-holders, shall not keep records of hazardous waste.
Article 237. [ Cumulative figures and reports] 1. The entities referred to in art. 73 and Art. 75, obliged before the entry into force of this Act for drawing up and submitting:
1. aggregated data sets about the types and quantities of waste, the ways in which they are managed, and the installations and equipment for the recovery and disposal of such waste, on the basis of Article 3 (1) (a) of the EC Regulation. 37 par. 1 and 2 of the Act referred to in art. 252,
2) reports-on the basis of art. 4 par. 5, art. 10 para. 1 and 2 and Art. 15 para. 1 of the Act of 11 May 2001. the obligations of entrepreneurs with regard to the management of certain waste and of the payment of the product,
3) reports-on the basis of art. 7 ust. 1 and Art. 9 ust. 3 of the Act of 11 May 2001. packaging and packaging waste,
4) reports-on the basis of art. 15 para. 1, art. 30 par. 1 and Art. 38 par. 3 of the Act of 20 January 2005. the recycling of end-of-life vehicles,
5) reports-on the basis of art. 24 ust. 1, art. 31 par. 1, art. 51 (1) 1, art. 56 par. 1 and Art. 67 par. 1 and the list of processing establishments referred to in Article 1. 33 (1) 4 of the Act of 29 July 2005. with used electrical and electronic equipment,
6) reports-on the basis of art. 34 par. 2, art. 35 par. 1, art. 36 ust. 4, art. 37 par. 6, art. 41 par. 3, art. 59 (1) 3 and art. 64 par. 5 of the Act of 24 April 2009. o batteries and accumulators
-they shall draw up and submit them, for the years 2012 to 2014, by applying the provisions of the existing ones, except that those who, contrary to the obligation, do not draw up and transmit these aggregated data, reports or lists of processing establishments or carry out this obligation the penalty referred to in Article 4 shall be punishable by untimely or untimely or unreal state. 200.
2. To the complex summary data sets and reports referred to in paragraph. 1, the provisions of the existing one shall apply.
Art. 237a. [ Statements and Reports-Transitional Provision] 1. The entities referred to in art. 73 and Art. 75, obliged before the entry into force of this Act for drawing up and submitting:
1. aggregated data sets about the types and quantities of waste, the ways in which they are managed, and the installations and equipment for the recovery and disposal of such waste, on the basis of Article 3 (1) (a) of the EC Regulation. 37 par. 1 and 2 of the Act referred to in art. 252,
2) reports-on the basis of art. 15 para. 1, art. 30 par. 1 and Art. 38 par. 3 of the Act of 20 January 2005. the recycling of end-of-life vehicles,
3) reports-on the basis of art. 24 ust. 1, art. 31 par. 1, art. 40, art. 51 (1) 1, art. 56 par. 1 and Art. 67 par. 1 and the list of processing establishments referred to in Article 1. 33 (1) 4 of the Act of 29 July 2005. with used electrical and electronic equipment,
4) reports-on the basis of art. 34 par. 2, art. 35 par. 1, art. 36 ust. 4, art. 37 par. 6, art. 41 par. 3, art. 59 (1) 3 and art. 64 par. 5 of the Act of 24 April 2009. o batteries and accumulators
-they shall draw up and submit them, for 2015 and for the year 2016, by applying existing provisions, except that those who, contrary to the obligation, do not draw up and forward these aggregated data, reports or lists of processing establishments, or to which they do so. the obligation to do so or not in accordance with the actual state shall be punishable by the fine referred to in Article 4. 180a.
2. To the complex summary data sets and reports referred to in paragraph. 1, the provisions of the existing one shall apply.
Art. 237b. [ Reports for 2015 and for 2016] 1. Entrepreneurs, referred to in art. 45 par. 1 of the Act of 13 June 2013. concerning the management of packaging and packaging waste, report for 2015 and for the year 2016, containing in particular:
(1) the identity of the entity:
(a) the name and address of the entity and the address of the residence or establishment,
(b) the tax identification number (NIP), if it is given, and in the case of the batteries or accumulators, also the European number of the tax identification, if any,
(c) the REGON number, if it has been granted;
2) depending on the type of activity, respectively:
(a) the mass produced and imported from the border of the packages according to the types of materials for which they were made, including:
-reusable packaging,
-to comply with the restrictions imposed by Article 11 (1) 1 point 2 of the Act of 13 June 2013. the economy of packaging and packaging waste,
(b) the weight of the packages in which the products have been placed on the market, broken down by their respective types,
(c) the weight of the recovery and recycling of packaging waste, broken down by type, and by breakdown into waste from households and from other sources than households, and by way of their recovery and recycling,
(d) the levels of recovery and recycling of packaging waste, broken down by different types,
(e) the amount of the product levy due, calculated separately, broken down by type of packaging, in the event of failure to achieve the required level of recovery or recycling,
(f) the mass exported over the packaging limit, by the types of materials for which they have been manufactured, specifying reusable packaging, in the case of an undertaking which exports or makes intra-Community delivery of packages or products in packages,
(g) information on the way in which public education campaigns are carried out and, in the case of self-execution, of the public educational campaigns carried out by the entrepreneur, together with an indication of the the costs incurred for that purpose.
2. Where the obligation laid down in Article 17 para. 1 of the Act of 13 June 2013. the management of packaging and packaging waste shall carry out the organisation for the recovery of packages, the annual report referred to in paragraph 1. 1, in the performance of these duties, shall be drawn up by that organisation.
(3) The report submitted by the organisation for the recovery of packages shall contain the information referred to in paragraph 1. 1 point 1, as well as the information referred to in paragraph 1. 1 point 2 (a) a-f.
4. The report of the packaging recovery organisation shall additionally include:
1) a list of the entrepreneurs from whom the packaging recovery organization has taken over the obligation laid down in art. 17 para. 1 of the Act of 13 June 2013. the management of packaging and packaging waste;
2) information on the organization of the recovery of packaging of public education campaigns together with an indication of the costs incurred for this purpose;
(3) a list of the holders of the waste to which the packaging recovery organisation has commissioned in the calendar year to which the report relates, the performance of the operations referred to in Article 3. 17 para. 7 of that law, including:
(a) the name or name and address of the holder of the waste,
(b) the tax identification number (NIP) of the holder of the waste, if it has been granted,
(c) the REGON number of the holder of the waste, if it has been granted,
(d) the determination of the operations which have been commissioned to the holder of waste in the management of packaging waste,
(e) the determination of the types of packaging waste in respect of which the holder of the waste has been commissioned to carry out packaging waste management tasks,
(f) the determination of the time period for which an agreement has been concluded to instruct the holder of the waste management to carry out the packaging waste management activities.
5. The report referred to in paragraph 5. 1, the entrepreneur or the organization of packaging recovery shall submit by 15 March for the previous calendar year the Marshal of the voivodship referred to in art. 8 point 7 of the Act of 13 June 2013. the economy of packaging and packaging waste.
6. The Minister responsible for the environment will determine, by means of a regulation, the model form of the report referred to in paragraph. 1, bearing in mind the need to unify the scope of data provided by entrepreneurs and to facilitate the transfer of data to the Marshal of the voivodship.
Art. 237c. [ Obligation to transmit a summary report] 1. The Marshal of the voivodship shall be obliged to submit the Minister of Environmental Affairs and the National Fund for Environmental Protection and Water Management a summary report containing the information referred to in art. 237b. 1 point 2 (a) a-f by 30 April of the calendar year following the year to which the report relates.
2. The Minister responsible for environmental matters shall determine, by means of a regulation, the model of the report referred to in paragraph 1. 1, bearing in mind the need to harmonise the reports.
Article 238. [ BDO Creation Term] 1. BDO shall be set up by 24 January 2018 at the latest.
2. The Minister responsible for the environment will announce, in the form of a message, in the Official Journal of the Republic of Poland "Monitor Polski" information about the date of creation of the BDO, including the register.
3. Central and provincial databases referred to in art. 37 par. 6 and 10 of the Act referred to in art. 252, and the database referred to in Art. 22 par. 1 of the Act of 24 April 2009. about batteries and accumulators, until the creation of BDO is conducted on the basis of existing regulations.
4. Data contained in the central and provincial databases referred to in art. 37 par. 6 and 10 of the Act referred to in art. 252, in the database referred to in art. 22 par. 1 of the Act of 24 April 2009. about the batteries and accumulators, and in the database referred to in art. 15 para. 3 of the Act of 29 July 2005. with the used electrical and electronic equipment, it shall be transferred to BDO not more than one year from the date of creation of the BDO.
5. Until the creation of the BDO Marshal of the voivodship transmits the Minister responsible for the environment copies of decisions approving the change of the classification of hazardous waste to non-hazardous referred to in art. 8 ust. 5.
6. Until the creation of the BDO, a copy of the issued permit for the collection or processing of waste respectively the Marshal of the voivodship or the starosta shall transmit to the voivodship environmental protection officer and the mayor, mayor or president of the city, appropriate due to the place of collection or treatment of waste.
7. Until the creation of the BDO, a copy of the issued permit for the collection or processing of the waste regional director of environmental protection shall transfer to the Marshal of the voivodship, the provincial environmental protection inspector and the mayor, or mayor or the president of the city, due to the place of collection or processing of waste.
8. Until the creation of the BDO, the Management Board of the National Fund for Environmental Protection and Water Management shall draw up and transmit the summary information referred to in art. 400k ust. 2 point 4 of the Act referred to in Article 4 207, according to the regulations so far.
9. Until the creation of the BDO applies the art. 24 of the law referred to in art. 209.
10. Rules of Art. 33 (1) 4 and art. 72 point 9 of the Act as amended in Art. 214 in the version given by this Law and Article 24 ust. 1 point 2 of the Act as amended in Art. 219 as amended by this Act shall apply from the date of the creation of the BDO.
Article 239. [ Security of claims for existing landfill sites] Claims for existing landfills shall become the security of claims referred to in Article before the date of entry into force of this Act of the security of claims for existing landfills. 125 para. 1.
Article 240. [ Application for a decision approving the instructions for the operation of the landfill site] 1. Management existing before the date of entry into force of this Act the landfill of waste is required to submit a request for a decision approving the instructions for the operation of the landfill site within two years from the date of entry into force This Act.
2. Until the creation of the BDO, the application for a decision approving the statement of disposal shall contain information on the approved integrated licence or the authorisation for the treatment of the waste.
3. The decision approving the operation manual of the landfill issued on the basis of the Act referred to in art. 252, shall expire on the date on which the decision referred to in paragraph 1 is made. 1, it will become final.
4. Where the management of the landfill of waste has not submitted an application for approval of the instructions for the operation of the landfill site within the time limit referred to in paragraph 1. 1, the decision approving the operation manual of the landfill shall expire at the end of two years from the date of entry into force of the Act.
5. Until the creation of the BDO, the article shall apply. 19 and 22 of the Act referred to in art. 208.
Article 241. [ Requirement to have a legal title] 1. The requirement to have a legal title referred to in art. 124 (1) 1, shall not apply to the manager existing on the date of entry into force of this Act of waste storage, which on the date of entry into force of this Act does not have a legal title to the entire property on which the landfill is located waste, together with all installations and equipment associated with the operation of this storage site.
2. The management of the landfill referred to in paragraph 2. 1, it is obliged to maintain the legal title so far at least to the extent that it possessed it on the date of entry into force of the Act, until the end of the post-operative phase.
3. A requirement to obtain by the entity interested in taking over the landfill site of the legal title referred to in art. 151 ust. Point 2 shall not apply in the case of take-over of the landfill from the management of the landfill referred to in paragraph 1. 1. Paragraph Recipe 2 shall apply mutatis mutandis.
Article 242. [ Validity of the permit for the production of waste in the field of extracting waste] 1. In the case referred to in art. 143 (1) 2, a permit for the production of waste in the field of extracting waste issued on the basis of art. 54a of the law referred to in art. 252, expires on the date of adoption of the decision approving the statement of disposal of the landfill site.
2. In the case referred to in art. 144 ust. 1, a permit for the manufacture of waste in the field of extracting waste issued on the basis of art. 54a of the law referred to in art. 252, shall remain valid for the duration of the time it has been issued.
3. The subject of the licence referred to in paragraph 1. 2, shall be obliged, within two years from the date of entry into force of this Act, to submit a request for amendment of this permit, to adapt it to the provisions of this Act; the application shall be accompanied by the expert opinion referred to in art. 144 ust. 5.
Article 243. [ Adaptation of the municipality to the law] In the event that on the date of entry into force of this Act the landfill is managed by the municipal entity of the public finance sector, the municipality is obliged to comply with the requirements referred to in art. 136, within a period of one year from the date of entry into force of this Act.
Article 243a. [ Accepted management of municipal waste storage facility by public finance sector unit] A public finance unit should be managed by a municipal waste depot if for that landfill site:
1) a decision was issued to close the landfill site on the basis of art. 54 para. 1 of the Act referred to in art. 252, or decision to close the landfill on the basis of art. 54c ust. 1 of the Act referred to in art. 252, or
2) by the deadline of 31 December 2015. issued a decision to consent to the closure of the landfill on the basis of art. 146 or Art. Par. 148 3.
Article 244. [ Recultivating Fund] The management of the landfill will create a rehabilitation fund referred to in art. 137 par. 2, within 6 months from the date of entry into force of this Act.
Article 244a. [ Consent to the closure of the landfill] 1. Consent to the closure of the landfill site or its divisional part, issued on the basis of art. 54 para. 1 of the Act referred to in art. 252, and the decision to close the landfill, issued on the basis of art. 54c ust. 1 of the Act referred to in art. 252, may be amended to the extent of:
1) the technical means of closing the landfill site or its divisional part;
2) a schedule of activities related to the rehabilitation of the landfill site;
(3) the manner in which the supervision of the rehabilitated landfill, including monitoring, and the conditions for implementing this obligation, shall be performed.
2. The rights and obligations arising from the decisions referred to in the paragraph. 1, may be transferred to another entity, if that entity provides a guarantee of the correct performance of the obligations resulting from those decisions and agrees to take over all the rights and obligations arising from those decisions.
3. The competent authority in the cases referred to in paragraph 3. 1 and 2, there is a marshal of the voivodship, and in the case of ventures and events in the closed areas-regional director of environmental protection.
Article 245. [ Validity of a certificate stating qualifications in the field of waste management] They shall remain valid before the date of entry into force of this Law of the certificate stating the qualifications for the management of waste issued on the basis of art. 49 of the Act referred to in art. 252.
Article 246. [ Existing penal provisions and cash penalties] In the case of instituted and uncompleted cases, the current criminal law and the monetary penalties to date shall be subject to the provisions of the previous act, subject to the provisions of Article 4 (1) 237.
Article 247. [ Receipts from penalties] To the proceeds of fines imposed on the basis of:
1. 80 par. 1 of the Act referred to in art. 214, Article 402 ust. 8 of the Act referred to in art. 207, in the version applicable before the entry into force of this Law;
2. Article 79b of the law referred to in art. 252, Article 402 ust. 12 of the law referred to in art. 207, in the version applicable before the entry into force of this Law;
3. Article 79c of the Act referred to in art. 252, Article 402 ust. 12 and 14 of the Act referred to in art. 207, in the version applicable before the entry into force of this Law.
Article 248. [ Transfer of proceeds from penalty payments] Transferred to the bank account of the National Fund for Environmental Protection and Water Management proceeds from fines imposed on the basis of:
1. 80 par. 1 of the Act referred to in art. 214,
2. Article 79b and art. 79c of the Act referred to in art. 252
-they shall constitute the revenue of the Fund and shall be taken into account in determining the amount of the undertaking referred to 401c par. 9 of the Act referred to in art. 207.
Article 249. [ Submission of the act of instituted and uncompleted administrative matters] The appendices shall transmit the files of their instituted and uncompleted administrative cases, where the competent authority has become the Marshal of the State or the Regional Director of the Environment, including the authorities within a period of 3 years. months from the date of entry into force of this Law, on the basis of the memo-consignee protocols.
Article 250. [ Provisions so far] 1. Implementing rules issued on the basis of art. 4 par. 1 point 2, art. 7 ust. 4, art. 13 (1) 2a and 2b, art. 33 (1) 3, art. 40 par. 7 and 8, art. 42 par. 2 and 3, art. 43 par. 7, art. 44 par. 8 and 9, art. 47 and Art. 55 par. 3 and 5 of the Act referred to in art. 252, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 7 ust. 2, art. 27 ust. 10, art. 30 par. 4 and 5, art. 33 (1) 2, art. 94 par. 2, art. 95 (1) 11, art. 96 (1) 13, art. 100 para. 1 and 2, art. 118, art. 121 (1) 3, art. 159 par. 2 and Article 160 (1) 8 of this Act, however, no longer than for a period of 36 months from the date of entry into force of this Act.
2. Implementing rules issued on the basis of art. 14 para. 10 of the law referred to in art. 252, retain power for a period of 36 months from the date of entry into force of this Act.
3. Provisions issued on the basis of art. 33 (1) 4 and 11 of the Act referred to in art. 252, retain power in the area of waste transport until the creation of the register referred to in art. 49 (1) 1.
4. Implementing rules issued on the basis of art. 400k ust. 7 of the Act referred to in art. 207, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 400k ust. 7 of the Act referred to in art. 207, as amended by this Act, but not more than 24 months from the date of entry into force of this Act.
5. Implementing rules issued on the basis of art. 38 par. 4 of the Act referred to in art. 213, retain power until the date of entry into force of the implementing rules issued on the basis of art. 38 par. 4 of the Act referred to in art. 213, as amended by this Act, but not later than 24 months from the date of entry into force of this Act.
6. Implementing rules issued on the basis of art. 33 (1) 5 and art. 55 of the law referred to in art. 214, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 33 (1) 5 and art. 55 of the law referred to in art. 214, as amended by this Act, but not later than 24 months from the date of entry into force of this Act.
7. Implementing rules issued on the basis of art. 72 par. 3 and Art. 121 (1) 2 of the Act referred to in art. 220, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 72 par. 3 and Art. 121 (1) 2 of the Act referred to in art. 220, as amended by this Act, not more than 24 months from the date of entry into force of this Act.
Article 251. [ Maximum spending limits for the years 2016-2025] 1. In the years 2016-2025 the maximum limit for the expenditure of the state budget resulting from the financial effect of the entry into force of this Act shall be in:
1) 2016 -1000 000 PLN;
2) 2017 -1053 thousand. PLN;
3) 2018 -1080 thousand. PLN;
4) 2019 -1107 thousand. PLN;
5) 2020 -1135 thousand. PLN;
6) 2021 -1163 000. PLN;
7) 2022 -1192 thousand. PLN;
8) 2023 -1222 thousand. PLN;
9) 2024 -1252 thousand. PLN;
10) 2025 -1283 thousand. PLN.
2. In the years 2016-2025 the maximum limit for the expenditure of budgets of self-government voivodships resulting from the financial effect of the entry into force of this Act is in:
1) 2016 -0 zł;
2) 2017 -0 zł;
3) 2018 -3115,000. PLN;
4) 2019 -3115,000. PLN;
5) 2020 -3115,000. PLN;
6) 2021 -3115,000. PLN;
7) 2022 -3115,000. PLN;
8) 2023 -3115,000. PLN;
9) 2024 -3115,000. PLN;
10) 2025 -3115,000. PLN.
3. In the years 2016-2025 the maximum limit of expenditure of the National Fund for Environmental Protection and Water Management resulting from the financial effect of the entry into force of this Act shall be in:
1) 2016 -5500 thousand. PLN;
2) 2017 -3000 000 PLN;
3) 2018 -1000 000 PLN;
4) 2019 -500 000 PLN;
5) 2020 -0 zł;
6) 2021 -0 zł;
7) 2022 -2000 000. PLN;
8) 2023 -0 zł;
9) 2024 -0 zł;
10) 2025 -0 zł.
(4) In the event of the overrun or threat of the overrun of the maximum expenditure limit adopted for the financial year concerned, corrective mechanisms shall be introduced in order to reduce the expenditure associated with the operation of BDO.
5. The actions referred to in paragraph. 4, relying on:
1) to limit the scope of the subject of the contract concerning the creation or implementation of BDO
2) the maintenance of maintenance (maintenance) in a given year BDO.
6. The actions referred to in paragraph. 4, shall not pose a risk of loss of the possibility of fulfilling the duties of the Republic of Poland arising from the law of the European Union and the threat of loss of the possibility of collecting data or safe storage.
7. The Minister responsible for the environment shall monitor the use of the limit of expenditure referred to in paragraph. 1 and 3, and, if necessary, implement corrective mechanisms.
Article 252. [ Repealed provisions] The Law of 27 April 2001 is repealed. of waste (Dz. U. of 2010 items 1243, with late. zm.).
Article 253. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement, except for the provisions of:
1. 207 (17) in the field of art. 402 ust. 2a and 2b as amended by this Act and Article 2 (b). 209 (7), which shall enter into force on 1 January 2014;
2. Article 178, art. 179, art. 194 (1) 1 point 5, art. 213 point 8, which shall enter into force after 36 months from the date of entry into force of the Act, except that the said provisions shall apply from the date of creation of the BDO announced in the Communication referred to in art. 238 (3) 2.
3. Article 207 point 18, which enters into force on 1 January 2016.
Article 253.
1) This Act shall, in the field of its regulation, implement the following Directives:
1. Council Directive 78 /176/EEC of 20 February 1978 on waste coming from the titanium dioxide industry (Dz. Urz. EC L 54, 25.02.1978, p. 19, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 1, str. 71);
(2) Council Directive 86 /278/EEC of 12 June 1986 (1). on the protection of the environment, in particular of the soil, in the case of use of sewage sludge in agriculture (Dz. Urz. EC L 181 of 04.07.1986, p. 6, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 1, str. 265);
3. Council 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);
4. Directive 94 /62/EC of the European Parliament and of the Council of 20 December 1994 (4). on packaging and packaging waste (Dz. Urz. EC L 365, 31.12.1994, p. 10, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 13, p. 349);
5. Council Directive 96 /59/EC of 16 September 1996 (5). on the disposal of polychlorinated biphenyls and polychlorinated triphenyls (PCB/PCT) (Dz. Urz. EC L 243, 24.09.1996, p. 31; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 3, str. 75);
6) of Council Directive 1999 /31/EC of 26 April 1999. 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);
(7) Directive 2000 /53/EC of the European Parliament and of the Council of 18 September 2000 (1). on end-of-life vehicles (Dz. Urz. EC L 269, 21.10.2000, p. 34, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 5, str. 224);
8) Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000. on the incineration of waste (Dz. Urz. EC L 332 of 28.12.2000, p. 91, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 5, str. 353);
9) (repealed)
10) of Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006. on the management of waste from extractive industries and amending Directive 2004 /35/EC (Dz. Urz. EU L 102, 11.04.2006, p. 15, of late. zm.);
(11) Directive 2006 /66/EC of the European Parliament and of the Council of 6 September 2006. on batteries and accumulators and waste batteries and accumulators and repealing Directive 91 /157/EEC (Dz. Urz. EU L 266, 26.09.2006, p. 1, from late. zm.);
(12) Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008. on waste and repealing certain Directives (Dz. Urz. EU L 312 of 22.11.2008, p. 3);
13) Directive 2010 /75/EU of the European Parliament and of the Council of 24 November 2010. on industrial emissions (integrated pollution prevention and control) (Dz. Urz. EU L 334, 17.12.2010, p. 17);
14) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012. on waste electrical and electronic equipment (WEEE) (Dz. Urz. EU L 197 of 24.07.2012, str. 38, z późn. zm.).
2) This Law was notified to the European Commission on 26 April 2012. Under the number 2012 /0263/PL, according to art. 16 of Directive 94 /62/EC of the European Parliament and of the Council of 20 December 1994. on packaging and packaging waste (Dz. Urz. EC L 365, 31.12.1994, p. 10, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 13, p. 349), and § 4 of the Regulation of the Council of Ministers of 23 December 2002. on the manner in which the national system of notification of standards and legal acts (Dz. U. Entry 2039 and 2004 items 597), which implements the provisions of Directive 98 /34/EC of 22 June 1998. establishing a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (Dz. Urz. EC L 204 of 21.07.1998, p. 37, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 13, t. 20, str. 337).
Annex 1. [ NON-EXHAUSTIVE LIST OF RECOVERY PROCESSES]Annex No 1
NON-EXHAUSTIVE LIST OF RECOVERY OPERATIONS
R1 Use mainly as fuel or other means of energy production (*)
R2 Recover/regeneration of solvents
R3 Recycling or reclamation of organic substances that are not used as solvents (including composting and other biological transformation processes) (**)
R4 Recycling or reclamation of metals and metal compounds
R5 Recycling or reclamation of other inorganic materials (***)
R6 Regeneration of acids or bases
R7 Reclaim of components used to reduce pollution
R8 Recover of components from catalysts
R9 Refining or other means of re-use of oils
R10 Treatment on land surface which benefits agriculture or environmental improvements
R11 Utilisation of waste generated by any of the processes specified in R1-R10
R12 Replacement of waste to be subject to any of the processes specified in R1-R11 (****)
R13 Waste storage prior to any of the processes specified in heading R1-R12 (except for pre-storage in the waste generator)
(*) The item also includes thermal conversion facilities for municipal solid waste processing only, provided that their energy efficiency is equal to or greater than:
-0,60 for operating installations which have been authorised in accordance with the relevant Community provisions in force before 1 January 2009,
-0,65 for installations which received the authorisation after 31 December 2008,
using the following formula:
Energy efficiency = (Ep-(Ef + Ei))/(0,97 × (Ew + Ef)),
where:
Ep-means the amount of energy produced per year as heat or electric power. It shall be calculated by multiplying the amount of electricity by 2,6, and the heat produced for commercial purposes by 1,1 (GJ/year),
Ef-means the amount of energy entering the system per year from the combustion of fuels involved in the generation of steam (GJ/year),
Ew-means the annual amount of energy contained in the waste to be processed, calculated using the lower calorific value of the waste (GJ/year),
Ei-means the annual amount of energy input from the outside, excluding Ew and Ef (GJ/year), 0.97-is a factor that takes into account the loss of energy by bottom ash and radiation.
This formula shall be used in accordance with the reference document on best available techniques for thermal transformation of waste.
(**) The entry also includes gasification and pyrosis using these components as chemical reagents.
(***) This includes the treatment of land for the recovery of land and the recycling of inorganic building materials.
(****) If there is no other appropriate R code, this may include pre-treatment pre-processing, such as for example. dismantling, sorting, crushing, compacting, pelleting, drying, shredding, conditioning, repackaging, separation, blending or mixing prior to the submission of any of the processes specified in the item. R1-R11.
Annex 2 [ NON-EXHAUSTIVE LIST OF DISPOSAL OPERATIONS]Annex No 2
NON-EXHAUSTIVE LIST OF DISPOSAL OPERATIONS
D1 Storage in the ground or on the earth surface (e.g. landfills, etc.)
D2 Processing in soil and soil (e.g. biodegradation of liquid waste or sludges in soil and earth, etc.)
D3 Deep clogging (e.g. injection of waste in a form suitable for pumping into wells, saline or naturally occurring chambers, etc.)
D4 Surface Retention (eg. the placing of liquid waste and sludge in the pits, sedimentary polls or lagoons, etc.)
D5 Storage in landfills in a deliberately designed manner (e.g. placing in sealed separate compartments, covered and insulated from each other and from the environment, etc.)
D6 Discharging into waters except seas and oceans
D7 Discharge into the seas and oceans, including the seabed location
D8 Biological treatment, not mentioned in another heading of this Annex, resulting in final compounds or mixtures which are disposed of by any of the processes listed in the entry. D1-D12
D9 A physico-chemical treatment not mentioned in another heading of this Annex which results in final compounds or mixtures disposed of by means of any of the processes specified in D1-D12 (e.g. evaporation, drying, calcination, etc.)
D10 Thermal Transformation on land
D11 Thermal transformation at sea (*)
D12 Permanent backup (e.g. the placing of containers in mines, etc.)
D13 Mixing or mixing prior to the submission of waste to any of the processes specified in D1-D12 (**)
D14 Switching prior to the submission of any of the processes specified in D1-D13
D15 Storage preceding any of the processes specified in items D1-D14 (except for pre-storage in the waste generator)
(*) This process is forbidden under EU rules and international conventions.
(**) If no other D code exists, pre-disposal pre-treatment processes, including pre-treatment, may be included here, such as e.g. Sorting, crushing, compacting, pelleting, drying, shredding, conditioning or separation before any of the processes specified in D1-D12 are subjected to.
Annex 3. [ CHARACTERISTICS TO CAUSE WASTE TO BE HAZARDOUS WASTE]Annex No 3
PROPERTIES CAUSING WASTE TO BE HAZARDOUS WASTE
H1 "explosive": substances and preparations which may explode under the influence of fire or which are more sensitive to shock or friction than dinitrobenzene,
H2 'oxidising': substances and preparations which, in contact with other substances, in particular with flammable substances, exhibit strong exothermic reactions,
H3-A 'highly flammable':
-liquid substances and preparations having a flashpoint of less than 21 ° C (including extremely flammable liquids), or
-substances and preparations which may heat up and then ignite under the influence of contact with air at ambient temperature, without energy supply, or
-solid substances and preparations which can easily ignite after short contact with the source of ignition and which are burning or destroyed after the source of the ignition has been removed, or
-gas substances and preparations, flammable in air under normal pressure, or
-substances and preparations which, in contact with water or damp air, constitute highly flammable gases in dangerous quantities,
H3-B 'flammable': liquid substances and preparations having a flashpoint temperature equal to or greater than 21 °C and less than or equal to 55 ° C,
H4 "irritants": substances and preparations which do not show corrosive effects which, as a result of direct, long-term or repeated contact with the skin or mucous membranes, may cause inflammation,
H5 'harmful': substances and preparations which, in the case of their inhalation, ingestion or penetration into the skin, may cause a limited health risk,
H6 'toxic': substances and preparations (including very toxic substances and preparations) which, if they are inhaled, ingested or penetrated by the skin, may cause serious, acute or chronic health risks and even death,
H7 'carcinogens': substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may cause cancer or increase the incidence of cancer,
H8 'corrosive': substances and preparations which, in contact with the living tissues, may cause their destruction,
H9 "communicable": substances and preparations containing live micro-organisms or their toxins known or which are reliable grounds for causing disease in humans or other living organisms,
H10 'toxic to reproduction': substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may cause non-hereditary congenital deformities or increase the frequency of their occurrence,
H11 "mutagenic": substances and preparations which, in the event of their inhalation, ingestion or penetration by the skin, may cause heritable genetic defects or increase their frequency,
H12 wastes which, in contact with water, air or acid, release toxic or very toxic gases,
H13 (*) 'sensitising': substances and preparations which, in the case of their inhalation or penetration by the skin, are able to induce a hypersensitivity reaction so that, as a result of further exposure to this substance or preparation, they appear to be characteristic negative effects,
H14 "ecotoxic": wastes which constitute, or may be, a direct or delayed hazard to at least one environmental element,
H15 wastes which, at the end of the disposal process, may in any way hive off another substance, e.g. in the form of a shade, which has any of the characteristics listed above.
(*) As far as research methods are available.
Remarks
1. The assignment of dangerous properties: "toxic" (and "very toxic"), "harmful", "corrosive", "irritant", "carcinogenic", "toxic to reproduction", "mutagenic" and "ecotoxic" shall be made on the basis of the criteria specified in Annex VI to Council Directive 67 /548/EEC of 27 June 1967. on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (Dz. Urz. EC L 196 of 16.08.1967, p. 1).
2. Where applicable, the limit values set out in Annexes II and III to Directive 1999 /45/EC of the European Parliament and of the Council of 31 May 1999 shall apply. on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (Dz. Urz. EC L 200 of 30.07.1999, p. 1).
Test methods
The methods to be used are described in Commission Regulation (EC) No 440/2008 of 30 May 2008. setting out the test methods in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Dz. Urz. EU L 142, 31.05.2008, p. (1) and in other relevant CEN notes.
Annex 4. [ INGREDIENTS WHICH MAY CAUSE WASTE TO BE HAZARDOUS WASTE]Annex No 4
INGREDIENTS WHICH MAY CAUSE WASTE TO BE HAZARDOUS WASTE
1) beryllium, beryllium compounds,
2. vanadium compounds,
3. compounds of chromium (VI),
4) cobalt compounds,
5) nickel compounds,
6. copper compounds,
(7) zinc compounds,
8) arsenic, arsenic compounds,
9) selenium, selenium compounds,
10) silver compounds,
11) Cadmium, cadmium compounds,
(12) tin compounds,
13) antimony, antimony compounds,
14) tellurium, telluru compounds,
(15) barium compounds with the exception of barium sulfate,
16) Mercury, mercury compounds,
17) thallium, thallium compounds,
18) lead, lead compounds,
19. inorganic sulphides,
20) inorganic compounds of fluorine, with the exception of calcium fluoride,
21) inorganic cyanides,
22. the following alkaline metals or alkali earth metals: lithium, sodium, potassium, calcium, magnesium, in unbound form,
23) acidic solutions or acids in solid form,
24) alkaline solutions and rules in solid form,
25) asbestos (dust and fibres),
26) phosphorus, phosphorus compounds with the exception of mineral phosphates,
27) carbonyl carbides,
28) peroxides,
29. chlorates,
30) perchlorates,
31) azides,
32) pharmaceuticals and compounds used in medicine or veterinary medicine,
33) biocides and phytopharmaceutical substances,
34) infectious substances,
35) creosote,
36) isocyanates, thiocyanates,
37) organic cyanides (e.g. nitrile),
(38) phenols, phenolic compounds,
39) halogenated solvents,
40) organic solvents, with the exception of halogenated solvents,
41) halogenoorganic compounds, except inert spolimerised materials and other substances as referred to in this Annex,
42) aromatic, polycyclic and heterocyclic organic compounds,
43) Aliphatic amines,
(44) Aromatic amines,
45) ethers,
46) substances with explosive properties, with the exception of substances specified in other points of this Annex,
47) organic sulfur compounds,
48) any derivatives of polychlorinated dibenzofurane,
49) any derivatives of polychlorinated dibenzo-p-dioxins,
50. hydrocarbons and their compounds with oxygen, nitrogen or sulphur, not otherwise included in this Annex.
Annex 5. [ EXAMPLES OF MEASURES TO PREVENT THE EMERGENCE OF WASTE]Annex No 5
EXAMPLES OF MEASURES FOR THE PREVENTION OF WASTE
Measures which may affect the framework conditions associated with the production of waste
1. Use of planning measures or other economic instruments supporting the efficient use of resources.
2. Promotion of research and development in the area of the acquisition of cleaner and more economical products and technologies, and the dissemination and exploitation of the results of such research and development.
3. Development at all levels of effective and useful indicators of pressure on the environment associated with the generation of waste, with the aim of these indicators to contribute to the prevention of waste, from the comparison of products to the level of the Community, through measures taken by the local authorities, to national measures.
Measures which may influence the phase of the project, production and distribution
4. Promotion of eco-design (systematic consideration of environmental aspects in the design of a product with a view to improving the environmental impact of the product on the environment throughout the life cycle).
5. Providing information on waste prevention techniques with the intention of facilitating the introduction of the best available techniques in the industry.
6. Organization of trainings for competent authorities in the scope of implementation of requirements for the prevention of waste formation in the decisions issued on the basis of the Act on Waste and Law-Environmental Law.
7. The concept of measures to prevent the generation of waste from installations which are not subject to integrated permits. Where appropriate, such measures may include assessments and plans to prevent the emergence of waste.
8. The use of information campaigns and the provision of financial support, decision-making and other types of support for enterprises. Such measures will be particularly effective if they are targeted and adapted to small and medium-sized enterprises and will operate through networks of existing economic links.
9. The application of voluntary agreements, consumer panels and producers or sectoral negotiations with a view to ensuring that the undertakings or sectors concerned are set up by their own plans or targets for the prevention of waste or improvement of waste. non-economical products or packaging.
10. Promotion of reliable environmental management systems, including EMAS and ISO 14001.
Measures which may affect the phase of consumption and use
11. Economic instruments, such as incentives for clean purchases or the introduction of mandatory payment by consumers for a given article or component of a packaging that would otherwise be issued free of charge.
12. Use of information campaigns and directing information to the general public or a specific group of consumers.
13. Promotion of a reliable eco-label.
14. Agreements with industry, e.g. on panels of products similar to those carried out under integrated product policies or agreements with retailers on the availability of information on the prevention of waste prevention and on products with a lower impact on the environment.
15. In the context of public procurement and the supply of enterprises, the integration of environmental and waste prevention criteria into calls for tenders and contracts, in accordance with the Guide on eco-friendly public procurement contracts, published by the European Commission on 29 October 2004.
16. Propagation of re-use or repair of discarded products or their components, in particular by the use of educational, economic, logistic and other measures, such as supporting or creating accredited repair networks and reusability, especially in densely populated regions.
[ 1] Article 42 (1) 4 repealed by Article 5 of the Act of 9 October 2015. amending the Act on the provision of information on the environment and its protection, public participation in the protection of the environment and on environmental impact assessments and certain other laws (Journal of Laws pos. 1936). The amendment came into force on 1 January 2017.
