Items or substances generated during the production process, and the purpose of which is not their production, may be considered as a by-product, at the same time losing waste statuswhen the following conditions are jointly met:
The declaration of recognizing the object or substance as a by-product shall be submitted by the manufacturer to the marshal of the voivodeship competent for the place of their manufacture.
Evidence confirming that the conditions described above have been met must be attached to the declaration of recognition of an object or substance as a by-product. Evidence may be primarily contracts confirming the use of an object or substance for specific purposes or positive results of tests performed by laboratories confirming the properties of an object or substance.
The decision on recognizing it as a by-product is made after consulting the voivodeship environmental protection inspector, provided that the opinion is positive. Before issuing an opinion, the voivodeship environmental protection inspector has the right to conduct an inspection, during which the voivodeship marshal has the right to participate.
Substances or objects that would cease to meet the above conditions and requirements are waste.
The exceptions are feed materials and some wood processing products which are governed by different rules.
The minister may specify, by regulation, detailed criteria for recognizing an object or substance as a by-product.
The minister competent for climate, in consultation with other ministers, may specify for certain wastes detailed criteria for the application of the end-of-status conditions concerning, among others, recovery, waste processing.
If there are changes in the production process in which the by-product is created or in the process in which it is used, the Producer of the by-product is obliged to re-register the recognition of the object or substance as a by-product.
Decisions on recognizing an object or substance as a by-product are granted for a maximum period of 10 years.
It is unacceptable to store by-products and by-products together waste, as well as the storage of by-products in places intended for waste storage or landfill.
It is also unacceptable to store waste and an object or substance that has lost the status of waste, as well as storage of an object or substance that has lost its waste status in places intended for waste storage or waste disposal.
Certain types of waste may cease to have the status of waste if, after being subjected to a recovery process, including recycling, they meet all of the following conditions:
and meet the requirements set out in the regulations of the European Union
Items or substances that no longer meet the above-mentioned conditions are waste.
(Articles 10, 11, 13, 14, 15 of the Waste Act)
The material is for information purposes only and is not an interpretation of the law. Due to possible changes in applicable law, all information provided should be verified and checked for validity.