Obtaining a permit for waste generation is, in certain cases, a necessary condition if an entrepreneur wants to run a business. Penalties apply for non-compliance or violation of the provisions. When is a permit necessary and what are the consequences of violating the law?
Permission to generate waste - when should it be obtained? What is hazardous waste?
Pursuant to Polish legislation, a waste generation permit is necessary if the operation of the installation leads to the generation of waste of:
- above 1 Mg (1 tonne) per year – in the case of hazardous waste the / i,
- above 5000 Mg (5000 Mg) per year – for non-hazardous waste.
In the light of this information, it is worth explaining what hazardous waste is. According to the Act of 14 December 2012 on waste, such waste is considered to be waste that shows at least one dangerous property. These, in turn, are set out in EU regulations adopted by the EU Commission - No. 1357/2014 of December 18, 2014 - and the EU Council - 2017/997 of June 8, 2017.
Hazardous waste - examples
Accordingly, as hazardous waste can be qualified, among others:
- sanitary waste from hospitals, clinics and medical centers,
- used drugs and pharmaceuticals,
- pharmaceutical production waste,
- waste from surface treatment of plastics and metals,
- tar waste resulting from distillation, refining and pyrolysis processes.
Since it is known when a waste generation permit is necessary, it is worth knowing the situations in which it is not required. Does not apply it in the case of waste that was generated on the premises of the plant in connection with other types of activity, e.g. demolition works or commercial activity. For example, an entrepreneur providing renovation and construction or cleaning services does not need a permit to generate waste, as he does not operate any equipment.
Generation of waste without a permit - what is the penalty for the entrepreneur?
According to Polish law, both the production of waste without a permit and the violation of its conditions, e.g. exceeding the permissible amount of waste, is punishable by law. In both cases, Art. 351 sec. 1 of the Act of 27 April 2001 - Environmental Protection Law, which says that an entrepreneur operating an installation operating without a permit or violating its provisions is subject to imprisonment, restriction of liberty or a fine.
The voivodship inspector for environmental protection is responsible for controlling environmental protection regulations and imposing penalties. By way of a decision - pursuant to Art. 367 sec. 1 of the above-mentioned Act - the entity may by way of a decision stop using the installation. This usually happens when the owner of the installation repeatedly evades or breaches the obligation to notify the generation of waste.
Moreover, if the entrepreneur operates the installation without the required permit, he must also take into account that in his case the fee charged for the use of the environment will be increased by 500 percent.
It happens that entrepreneurs do not realize that the economic activity they intend to conduct requires a permit to generate waste. Unfortunately, ignorance of the law does not relieve them of legal responsibility. Therefore, before you open your own business, make sure what obligations you have in the field of environmental protection.
If looking for answers in the maze of legal regulations does not appeal to you, use the services consulting company. The entity will not only tell you what formalities you need to complete, but will also help you correctly complete the application for a permit to generate waste and complete the necessary documents. Thanks to external support, the consent procedure will not be tedious and time-consuming.
