Legal problems of environmental management. Waste management, cleanliness and order. M. Gajewski 2014/2015

Transcription

1 Legal problems of environmental management Waste management, cleanliness and order M. Gajewski 2014/2015

2 Course contents (in brief) Constitutional basis of the environment protection system. General principles of the environment protection law. Administration of the environment protection system administrative structures, types of organs and institutions. Spatial planning and space management. Water economy and protection against emissions. Waste management and cleanliness. Nature conservation and financial instruments for environmental protection. 2

3 Today s lecture - contents Waste types / categories legal classification. Waste management general rules. Waste management planning. Administrative supervision permits, disclosure of information. Regulation of specific waste management areas packaging, recycling of vehicles. Waste treatment. Cleanliness and order local laws. 3

4 Main legal base: the law on waste Chapter 1: General provisions Chapter 2: General rules of waste management Chapter 3: Waste management plans Chapter 4: Entitlements to delivery of waste management services Chapter 5: Records and reporting on waste management Chapter 6: Data bases on products, packaging and waste management Chapter 7: Special conditions for management of selected types of waste Chapter 8: Requirements on waste treatment Chapter 9: Tasks of administrative organs engaged in waste supervision Chapter 10: Penal provisions and administrative fines Chapter 11: Final provisions The law as of December 12, 2012 r. on waste and other numerous sources of laws Appendices: (1) list of waste recovery processes, (2) disposal processes, (3) characteristic of hazardous waste, (4) contents deciding the waste being hazardous, (5) examples of measures preventing generation of waste. 4

5 The waste Wastes are substances or objects of legally specified category, whose owner: disposes the waste, plans to dispose the waste or is obliged to dispose the waste. Among various types of waste a special importance concerns hazardous waste these covers various categories of waste (their specific contents or features) as described within appendices to the law on waste, for instance: Dangerous waste (examples): Contents criteria: Waste containing components of mercury; zinc compounds ( ) Influence criteria: Waste possessing special features: toxic, flammable, irritating, serious disease-causing (cancer). 5

6 Waste categories (legal classification) The waste categories: Hazardous set-up by normative provisions, characterized by specific contents (e.g. containing mercury) or features (e.g. toxic waste). Communal generated by households, not containing dangerous types of waste, also generated by other entities, similar to waste produced by households. Medical generated as a result of healthcare services, research and experiments of medical sciences. Veterinarian generated as a result of veterinarian services and examinations, treatment of animals, research and experiments on animals. Neutral not subject to significant physical, chemical or biological transformations; not causing pollution / contamination of the environment and not harmful to people or health. Biodegradable subject to decomposition due to treatment of microorganisms (aerobic or anaerobic). 6

7 Waste management general rules Rules of conduct with waste: minimize waste prevention (application of processes allowing for less waste production), recovery of waste not possible to prevent, dispose of waste not possible to recover. An entity implementing (or planning to implement) activities generating waste is obliged to organize and implement its activity in a way preventing and limiting generation of waste, and its influence on the environment. Recovery activities (harmless to people or the environment), based on utilization of waste or recovery of various substances, materials, energies and their future utilization. If waste is not possible to recover (due to ecological or economic reasons) it should be neutralized treated in order to be transformed to harmless state using various biological, chemical or physical processes. The law on waste, appendices 7

8 Obligation to implement waste management activities in light with provision of the statute (law on waste), environmental protection principles and plans concerning waste management. Waste management (planning) The state s waste management plan. Elaborated by the Minister responsible for environmental protection in consent with the Minister responsible for water management. Plan adopted by a resolution of the Council of Ministers (up-dated at least every 6 years period). Other plans: regional (voivodship level), county, commune / municipal. The regional plan is adopted after opinion of local selfgovernments (management units of communes / municipalities). In case of issues on water management (in the context of waste disposal) after opinion of the regional directors for environment protection. Finally, the plan is passed to the Minister responsible for environment becomes basis for elaboration of the state s waste management plan. The voivodship s waste management plan adopted in the form of a voivodship s self-government (council) resolution (up-dated in 6-years cycle). The resolution on implementing the voivodship waste management plan determines: (local law): regional zones of communal waste management, installations for communal waste processing activity (located within the waste management zones, including auxiliary / emergency installations), Regional installations for communal waste processing not fulfilling environmental protection standards (impossible for modernization due to technical or economical reasons). 8

9 Resolution of the Council of Ministers as of 24 th December, 2010 on The state s waste management plan Location of waste management installations: (1) stations for vehicles dismantle, (2) pesticides disposal installations, (3) used oil regeneration stations The state s waste management plan concentrates on analysis of the current state concerning waste generation and respective prognosis. Its main aim is to propose / plan location of installations for processing and/or storage of hazardous waste, with special attention of: Waste containing PCB Waste oils Medical and veterinarian waste Used batteries and accumulators Used electric and electronic equipment End-of-life vehicles Waste containing asbestos Overdue pesticides Explosive (military) waste Existing / planned installations for waste utilization 9

10 Matters concerning proceedings on waste management administrative organs jurisdiction Decisions concerning waste management issues are adopted by: regional directors for environment protection (within so-called closed zones territories restricted due to the state s defense and security reasons), voivodship marshals in case of activities / waste generating installations, which may importantly influence the environment, county governors. Jurisdiction of the administrative organs is decided according to: place where the waste originates, in case of waste collection and storage according to location of the waste collection place or seat of the waste owner. Additionally: In case of matters concerning cleanliness and order on the commune / municipality area self-governments executive organs (mayors, towns presidents, commune heads). 10

11 Supervision instruments concerning waste management The waste owner obligation to keep records (rosters) on quantity and quality of waste, according to waste categories, including hazardous waste (some simplifications / exemptions for SMEs). Permits are obligatory for conducting the following waste management activities: Treatment / Recovery Collection Storage disposal Specific obligations are settled according to quantity and types of generated waste: obligation to inform on generated waste, obligation of receiving a decision accepting entity s internal waste management program, permit for generating waste. Up-to 0,1 t (hazardous) / per annum Above 5 t (other) / p.a. Above 0,1 t (hazardous) / p.a. Above 1 t (hazardous) / p.a. Above t (other) / p.a. Excluding entities operating installations on the basis of integrated permits, communal waste and waste from accidents (breakdowns) 11

12 Obligations to disclose information (reports delivered to voivodship marshals) Packaging and packaging waste Regulations for producers, importers and sellers (whole and retail): General rule: producers / importers are obliged to limit application of materials / substances used in production of packaging, as well as to reduce quantities of packaging waste. The law subject: requirements to be met by the packaging due to environmental protection principles and ways of dealing with packaging waste Special obligations packaging of hazardous substances (e.g. toxic, chemical plants protection products, etc.) products distributed against financial deposits; obligation for reverse-transfer of the packaging by the end-users. Information disclosure obligations concerning packaging (composition, use instructions, packaging return system, information on generated packaging quantities as well as concerning acceptance of return of used packaging: Retailers (rule of acceptance in case of packaging return / exchange, obligation to reuse of packaging materials), Producers / wholesalers obligation to accept packaging returned by the retailer at their producers / wholesalers own expense. Obligation to recover / recycle of packaging waste (in line with defined quantity standards), independently or through recovery organizations; otherwise product fees applicable. 12

13 Law on obligations of entrepreneurs concerning management of selected types of waste and on the product fees Determines types of packaging materials and defines product fees Defines product fees calculated as a charge in case of placing specified products on the domestic market Types of products e.g. oils, tires Packaging types made of aluminum, paper, plastic, steel, wood 13

14 Vehicles recycling (special waste management branch / sectoral regulations) Special regulations concerning management of end-life-vehicles, introduced in order to: life, health and environmental protection. Imposing the following rules / obligations Special obligations for vehicles producers and importers. Collection of end-life-vehicles, regulations on dismantle stations and processes including operation of vehicle shredders / squeezers. Obligation of the vehicle owner to transfer the end-life-vehicle only to entities licensed to collect / dismantle vehicles. Fees for incomplete end-life-vehicle handover (rule of 90% weight) not applicable if the rule is satisfied. Obligations (regulations): restricting use of hazardous substances, facilitating recycling activities, imposing requirements on vehicles dismantling processes, obligatory use of recycled materials, concerning delivery of clear information on disassembly processes, taking into account indications of equipment and parts suitable for reuse, Correct display / specification of items made with hazardous substances. Separate rules for management of specific waste: PCB-containing, wastes from titanium dioxide production process, batteries and accumulators, medical and veterinary waste, mining, navigation, municipal sewage. 14

15 Waste disposal / treatment Treatment of waste based on application of biological, chemical and physical processes with the aim to bring the waste to a conditions that are not life threatening, human health and the environment. Treatment processes (among others): incineration / thermal treatment (oxidation burning, gassing), conducted in dedicated special installations. storage the type of waste treatment to be applied as a final instance in case of waste not otherwise possible to dispose. Takes place on landfills. Treatment methods (described in the law on waste): surface retention (impoundment), flooding or dumping to the sea bottom, storage in mines / storage in special containers, evaporating and drying processes, separating and mixing before treatment using other (above mentioned) processes. 15

16 Waste disposal / treatment - landfills Permitted storage of waste only if previously treated in order to separate substances suitable for later recycling ( mixing prohibition rule). Restrictions concerning landfill of some waste types (prohibitions e.g. explosive waste, liquid, corrosive, highly flammable, oxidizing). The landfill is treated as a special building structure its foundation is subject to typical building investment conditions (building permit), but subject to special regulations (e.g. concerning location must be envisaged within the voivodship waste management plan). Operating instruction issued in the form of administrative decisions of: regional directors for environmental protection (within closed / special zones), voivodship marshals (landfills that could significantly influence the environment) or county governors in other instances. Approval of the landfill s operating instruction is an obligatory prerequisite for final decision authorizing the use of the facility. Obligations for entities operating the landfill of operational type: landfill exploitation (e.g. monitoring of quantities and types of waste stored, selective storage, refusal to accept waster for storage incompatible with documents). Underground storage (in ground, mines) special status; requires a concession issued as administrative decision by the Minister responsible for environmental protection (based on geological and mining law). 16

17 Some other issues Special status of radioactive waste, including issues on location of radioactive waste landfills (construction, operation, closure - based on permits issued by the nuclear supervisory administrative organ and the President of the National Atomic Energy Agency; permits regulating matters on protection of physical, radiological and nuclear safety). International trade in waste (Basel Convention as of 1989), covers regulations concerning import on the Polish territory, export from and transit of waste: on the basis of permits issued by the General Director for Environmental Protection, zoning limitations transport only through designated border crossings and border customs offices. Nuclear law Law on international movement of waste 17

18 Legal problems of environmental management Cleanliness and order maintenance M. Gajewski 2013/2014

19 Cleanliness and order maintenance Maintaining cleanliness and order belongs to mandatory tasks of communes / municipalities therefore the self-governments are responsible for ensuring cleanliness and order on the commune territory and, respectively, are obliged to create conditions necessary for cleanliness and order maintenance. The tasks addressees are also real estate owners / managing entities, e.g. (obligations): to connect the real estate to the sewage network, cleaning / disposing of waste from sidewalks adjacent to the real estate, keeping order on public roads road administrator, / / other maintenance type obligations. Details on cleanliness and order maintenance are decided in the form of local (commune) regulation: The regulation is adopted by commune / municipality selfgovernment after opinion of county sanitary inspector. Ensuring construction and maintenance of appropriate cleaning installations; Protection from homeless animals; Connection of inhabitants to municipal waste collection system; Organization of selective waste collection. 19

20 Commune regulations on cleanliness / order and local plan on waste management Local law on cleanliness and order scope of regulations: The regulation and local plan on waste management are local laws. The above are passed by the local self-government after opinion of the county s sanitary inspector The cleanliness regulations must be in line with the local waste management plan. Conditions / rules concerning selective collection of waste, clearing (of mud, snow, ice ), rules on cars washing Communal Plan on Waste Management Requirements concerning equipment to collect and temporary storage of waste Rules and conditions concerning collection of waste / communal waste Obligations of owners of household animals and livestock Specification of local zones of special importance (zones of obligatory rat control (disinfestation) 20

21 Services in the scope of cleanliness and order within communes To satisfy cleanliness and local order provisions the owner / property manager is obliged to use professional services dealing with collection and disposal of municipal waste. Services under permit regime: emptying septic tanks and transport of liquid waste, protection against stray animals, operation of shelters for homeless animals, disposal sites for burial and incineration of animal carcasses. Services concerning collection and disposal of communal waste may be delivered only by entities granted respective permits (or fulfilling requirements on technical capabilities) and as a result of a competitive tender. Permits issued by: Head of commune / mayor / town president (self-government executive authorities). Services under regulated activity regime (collection of communal waste): Economic activity on collection of communal waste from real estate owners is set as so-called regulated economic activity, free to those who possess technical capabilities of delivering the respective service against respective declaration). Economic activity register concerning collection of communal waste is maintained by head of commune / mayor / town president jurisdiction according to the place of waste collection. 21