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Amendment to the Waste Act

2018-09-01


The holder of waste, which before the date of entry into force of the Act of 20 July 2018 amending the act on waste and some other acts, obtained:

  • permission to collect waste,
  • permission for waste treatment,
  • permission to collect and process waste,
  • permission for waste generation including the collection or treatment of waste

is obliged, within 12 months from the date of entry into force of the above-mentioned Act (as until September 5, 2019), submit an application to change the decision it has.

Article 14, paragraph 1, point 1 – 4 of the Act of 20 July 2018 amending the act on waste and some other acts, says what information should be included in the application to change your decision.

However, Article 14, paragraph 2, point 1 – 7 the same act says which attachments should be attached to the application.

In a situation where the holder of waste, will not submit an application to change his decision with the required information and attachments, until September 5, 2019, the above-mentioned permits are EXPOSED!

Act of July 20, 2018 amending the act on waste and some other acts you can find at this link.

 

Recognition of an object or substance as a by-product, which took place before the entry into force of the Act of 20 July 2018 amending the act - Environmental Protection Law and the Waste Act, EXPIRES after 6 months from the date of entry into force of this Act.

Consequently, producers of objects or substances must again submit  to the Voivodship Marshal competent for their place of production, declaration of recognition of an object or substance as a by-product.

Conditions for considering a product or substance as a by-product were not changed.

Article 11, paragraph 2 of the Waste Act says what should include notification of the recognition of an object or substance as a by-product, while Article 11, paragraph 3 says what should be attached to such notification.

Recognition or refusal to recognize an object or substance as a by-product followed by the decision of the Voivodship Marshal, issued after consultation with the Regional Inspectorate for Environmental Protection competent for the place of production of the object or substance.

The decision on recognizing an object or substance as a by-product it is released for a limited time (not longer than 10 years).

Before issuing an opinion, Regional Inspectorate for Environmental Protection can carry out the inspection in the scope covered by the application, in which the Voivodship Marshal may participate. This control stops the term for issuing an opinion.

In a situation where Regional Inspectorate for Environmental Protection will give a negative opinion, the voivodship marshal issues a decision to refuse to recognize the object or substance as a by-product.

It should also be remembered that, if the production process in which the object or substance is considered as a by-product will be changed or the process in which they are used, the producer of the object or substance is required to make a new declaration of recognition of the object or substance as a by-product.

The Act of 20 July 2018 amending the act - Environmental Protection Law and the Waste Act can be found here.

 

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