WASTE COLLECTION PERMIT
Waste collection
More and more companies are dealing with waste collection. This is due to both the needs of the economy and the huge market that entrepreneurs see.
Ekomeritum prepares documentation regarding the permit to collect waste, which is an attachment to the application for a decision to collect waste. We prepare both joint and separate documentation in the scope of applying for waste permits for: processing and collecting and waste generation.
Waste collection permit. - When should an entity apply for an authorisation?
A waste collection permit is needed when:
- we want to start collecting waste from our own subsidiaries or branches,
- we want to start collecting waste from other entities,
- we want to extend the decision to collect waste under new or different codes,
- the validity of the decision on waste collection ends,
- the permission has expired and we want to renew it after some timeout.
In terms of waste collection processes, the maximum total weight of all types of waste that can be collected at the storage site at the same time may not exceed half of the maximum total weight of all types of waste that can be stored during the year, specified in the waste collection decision or waste processing decision or waste generation decision including waste collection or processing.
(Article 25 of the Waste Act)
Waste collection permits are issued for a period of up to 10 years.
(Article 44(1) of the Waste Act)
Permits and permits should be obtained before the commencement of waste collection activities!
The entity should have such permits on the first day of conducting business in this area.
Pursuant to the law, the Voivodship Inspector for Environmental Protection has control powers in the field of inspection of waste management entities. He has the right to inspect the premises of the plant where waste is collected, e.g. in terms of how they are stored, keeping records and reporting, as well as the processes they are subjected to or the places where they end up.
- calculation of claims security,
- decision on environmental conditions,
- fire protection report, if required,
- certificates and declarations of no criminal record.
The entity storing the collected waste should commission a document entitled Fire operation.
In the case of collecting combustible waste by the entity, we are most often dealing with their storage. The storage of this type of waste generates the obligation to submit to the authority (processing the waste application) a fire safety survey together with the decision of the Commander of the State Fire Service.
The problem is that there is no specific definition of the term "combustible waste", nor is there a complete list of such waste. Deciding whether to classify waste as combustible or non-combustible is important, but sometimes problematic. By specifying the flammability of our stored waste, we are able to determine whether we will be required to carry out a fire protection report or not.
The fire protection report should contain some basic information, such as: a description of the conditions of fire protection of the installation or facility, its part or other waste storage site. The survey should also indicate the places of storage of combustible waste. When the author of the survey finds that the conditions for the collection of waste are incorrect, he may suggest to the waste collector to change the arrangement of the storage places or to secure them appropriately. One of the solutions in complicated situations is to build a wall with an appropriate structure that reduces the chances or extent of fire spreading in the event of its occurrence. An important aspect in obtaining a positive resolution is ensuring access to an adequate amount of water corresponding to the needs of extinguishing the fire.
The fire-fighting operation has the right to be developed by a fire protection expert or a fire engineer, as well as a person with completed university studies at the Main School of Fire Service with a specialization in fire safety engineering. The choice of a specialist depends on which authority will consider the waste application, the Marshal of the Voivodeship or the Starost?
Combustible waste storage. – Monitoring of waste storage sites.
When managing combustible waste, there is an obligation to monitor storage locations around the clock using devices that enable image recording and identification of people staying in waste storage locations. The record should be permanently protected against unauthorized access, loss and stored for a month from the date of its making.
Control powers in this area are held, among others, by: Voivodship Inspector of Environmental Protection.
If the entity does not have a permit to collect waste, but is obliged to do so, it usually comes to light during the inspection of the voivodeship environmental protection inspector, after which the company receives post-inspection orders. The post-inspection ordinances impose an obligation to regulate the formal and legal status and, in the absence of monitoring, to specify whether the entity is obliged to do so or not.
Waste collection permit. – Decision on environmental conditions.
The decision on environmental conditions is one of the attachments to the application for a permit to collect waste.
The need to obtain this decision significantly extends the investment procedure. The application is considered by the commune or city authority, which normally requests the opinion of the following authorities: Regional Director for Environmental Protection, Fire Service and Polish Waters. Such an extensive administrative procedure for issuing opinions is time-consuming, but nevertheless deemed necessary by the legislator. Failure to attach the decision on environmental conditions required by the authority to the application for a permit to collect waste most often results in a negative conclusion of the procedure due to formal deficiencies in the application. The decision on environmental conditions is of fundamental importance when considering the application. It illustrates whether the entity has grounds to consider its application positively.
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Calculation of claims security. - How to calculate security for claims?
Some time ago, the legislator imposed on waste collectors and processors the obligation to calculate security for claims and attach it to applications for permits to collect and process waste. The aim is to cover the costs of alternative waste removal from a place not intended for storage or storage.
The prescriptive decision may be issued by the commune head, or possibly the mayor or president of the city. (Article 26(2); Article 47(5) of the Waste Act)
The holder is obliged to remove the waste and the negative effects it caused in the environment in the event of withdrawal of the permit held.
The amount of securing claims is the product of the maximum weight of waste that may be stored in the installation, building structure or part thereof, or at the waste storage site, taking into account the dimensions of the building structure, its part or other waste storage site and the claims security rates.
(Article 48a(3) of the Waste Act)
The Regulation of the Ministry of the Environment on the amount of the rates of securing claims concerns the determination of the rates, and the method of calculation is described in the Act on waste.
The purpose of the regulation is to prevent cases of termination of waste management activities, caused by the desire to avoid the financial consequences resulting from the need to manage waste collected during the activity and to avoid imposing an order to eliminate the effects of water and soil pollution.
Criminal record certificate. – Who issues the certificate and what does it mean?
The entity applying for a decision to collect waste or a decision to process waste is required to submit, together with the application for the aforementioned decisions, relevant certificates and declarations of no criminal record.
A clean criminal record certificate is issued by the National Criminal Register.
It certifies whether the person has not been convicted by a final court judgment by the date of issuing the certificate.
Certificate of good conduct - types of required certificates and statements.
Criminal record certificate. Validity of the criminal record certificate.
The document always contains a date that states the factual status (no criminal record) on a given day.
Criminal record certificate. – How to get a criminal record certificate?
The Interested Party or Interested Party, or possibly an entity acting on their behalf, should submit a completed application questionnaire. Obtaining a criminal record certificate is possible in person, online or by mail.
The first option is to submit a completed questionnaire at the KRK point.
The second option is to obtain an online certificate.
The process of issuing a certificate electronically requires: creating an account on the KRK website, completing an application requesting information about a person, signing the document with the help of a trusted profile or a qualified certificate necessary to sign the document, and paying the fee. The certificate is available for download in the KRK system
The third variant is obtaining by letter inquiry.
It is necessary to complete the form for providing information about the person, pay the fee and attach a copy of the transfer confirmation to the sent inquiry. The letter should be sent to the KRK Information Office or the KRK information point.
Waste collection permit. – For whom do we prepare documentation?
Documentation necessary to obtain a decision on waste collection is provided by entities representing various industries - most often these are service companies, often also production companies. We do not shy away from orders received from public institutions and enterprises. We prepare documentation for localized companies throughout Poland.
More information at the links:
- Deadlines for processing applications for permits
- Authorities examining applications for permits
- What does the service provided by our company look like?
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.
Contact us! - Trust our specialists!
We are available from Monday to Friday from 8:00 to 16:00.
EkoMeritum Sp. z o. o
- 605 390 203
- biuro@ecomeritum.pl
- st. Łabiszyńska 21 C 03-204 Warsaw
- st. Zawislanska 43 03-068 Warsaw
- st. Browarska 1 B 26-500 Szydlowiec