The erroneous recognition of a given substance or object as a by-product, and thus a departure from the obligations imposed by waste regulations, has serious consequences. In order to avoid doubts and penalties, it is worth analyzing the applicable legal regulations and available options. When can waste be considered a by-product?
Recognition of waste as a by-product - what does it give the entrepreneur?
The procedure for recognizing waste as a by-product is one of the two paths provided for in the Waste Act, which allow the entrepreneur to "remove" a substance or material from the regime of waste regulations, and thus avoid the need to fulfill many obligations. It applies to the so-called post-production residues arising in the production process, which can be used for other purposes, sometimes being a raw material or product for other types of activities.
Recognition of waste as a by-product is a source of measurable benefits for the entrepreneur. It reduces formalities and administrative and legal burdens to a minimum, and allows to increase the circle of potential recipients of by-products. Polish legislation and decisions of administrative authorities, however, aim at regulating and managing post-production residues.
Therefore, recognizing waste as a by-product is a procedure that has a strictly defined legal framework and requires meeting certain criteria by its producer.
When is it possible to recognize waste as a by-product?
As mentioned, in order for production residues to be considered a by-product, certain conditions must be met. They are defined in Art. 10 of the Waste Act. According to it, an object or substance resulting from a production process, the main purpose of which is not the production of this residue, may be considered a non-waste by-product, if all the following conditions are met:
- further use of the item or substance is certain,
- production residue can be used directly without
- further processing beyond normal industrial practice. In other words, the by-product is intended to replace material that would otherwise be used in the process instead,
- the production residue is produced as an integral part
- production process,
- the substance or object complies with all relevant requirements, w
- including legal and in the field of environmental protection and human health and life, and its (its) use will not have a negative impact on the environment or human health and life,
- the substance or object meets the specific conditions that have been laid down specified in the provisions of EU law or issued pursuant to art. 11 sec. 6 about waste.
Importantly, for a production residue to be considered a by-product and not waste, it must meet all the conditions jointly. It does not matter whether the substance or object will have dangerous properties or not. What matters is the fact that it is able to actually replace another material in the production process.
Currently, by-product notifications are subject to a thorough, two-stage verification. In order to maximize the chance of a favorable decision, it is important to ensure that the application meets the formal requirements and has a solid legal basis. It is therefore worth opting for the professional services of environmental consulting specialists.
They will take care of all the details of the application and provide appropriate justification, and in the case of additions, they will provide substantive explanations.
Recognition of waste as a by-product in the administrative procedure is a source of various benefits for the entrepreneur, e.g. exempts him from the need to fulfill some of the obligations arising from the provisions of the waste law. However, for this to happen, post-production residues must meet certain conditions. Only then will the procedure be resolved in favor of the entrepreneur.
