WASTE PROCESSING
Companies that generate waste often decide to take action in the field of its processing. The Ekomeritum Group supports both manufacturing companies that mainly generate waste and processing is only an auxiliary process, as well as companies specializing in this field.
We offer preparation of both documentation for applications for waste processing permits, as well as applications consisting of two or three parts covering waste generation, waste collection and processing of waste, preparation of documentation for integrated permits and studies in order to apply for decisions on environmental conditions covering waste treatment.
You process waste and you care about the disposal procedure permits for waste processing didn't it drag on forever? A properly completed application that includes all attachments and is free from errors is the key to success. Contact us for a reliable study. Regardless of what industry you operate in, you can count on the help of our experts.
Waste processing permit - when is the company subject to the permit?
A waste processing permit is required for waste processing both inside and outside the installations.
If:
- We plan to start another installation in a given location:
a) installing a new installation or device,
b) assembly of a set of installations or devices
as a result of which the waste will be processed; - We plan to reconstruct or make changes to the following installations:
a) modernization of the installation or change of the process affecting the changes in the amount and types of processed waste,
(b) running new processed waste generating new waste codes; - The validity of the decision on waste treatment ends;
- Your waste processing permit has expired and you need to reactivate it after the break.
A permit in this regard is most often issued for a definite period of time, not longer than 10 years.
An exception is the processing authorization for the ship recycling facility operator. They are issued for a fixed period of time, not longer than 5 years. (The permit in question may be extended for a definite period of time, not longer than another 5 years).
(Article 44 paragraph 1 and 2 of the Waste Act)
It is important that the obligation to obtain a permit for processing by the plant exists from the date of commencement of the process. An entity starting its activity on the first day of operation of the installation for which it is obliged to have a decision should have a valid waste processing permit!
The Voivodship Inspectorate for Environmental Protection has the right to control the possession of a valid decision on waste processing.
He has the right to inspect installations, devices, rooms located on the plot where the waste processing plant is located.
During the inspection, he also has the right to review the completeness and correctness of supplementing the waste records and the content of the waste transfer cards.
The inspector usually also reviews documents, checking whether the waste reaches the entities and is transported by companies holding current and appropriate administrative decisions.
During the visit, the Inspector checks the methods of waste storage and whether the storage locations meet the requirements in terms of adequate protection of possible waste leachates.
– fire protection report, if required;
– decision on environmental conditions;
– calculation of claims security;
– certificates and declarations of no criminal record.
Application for a waste processing permit – what should it contain?
Waste processing requires appropriate permission. It is granted by the competent authority at the investor's request. The document should contain a lot of information. Any formal or substantive deficiencies require supplementation, which extends the duration of the proceedings and, as a result, delays the start of the project.
Therefore, it is better to immediately rely on the support of specialists who will prepare a reliable study free of errors. In the application for issuance permits for waste processing should include elements such as:
- specification of the types of waste foreseen for processing,
- determination of the mass of waste treated processed within a year,
- marking the place of waste processing,
- detailed description of the waste processing method used and/ or waste processing methods,
- presentation of technical and organizational possibilities that allow proper performance of activities in in the field of waste treatment, That with particular emphasis on professional qualifications employees,
- description of the technological process, taking into account the annual processing capacity of the device or installation, and in some situations also the hourly processing capacity, if justified,
- description of activities undertaken as part of monitoring and control of activities covered by the permit,
- determining the minimum and maximum amount of hazardous waste, as well as indicating its lowest and highest caloric value, as well as the maximum contaminant content - if the permit concerns the thermal processing of waste,
- information referred to in Art. 98 section 1 of the Waste Act - in the case of permits for installations for the disposal of waste that originate from titanium dioxide production processes,
- fire safety report, which will include fire protection conditions installation, building structure or part thereof or another place for storing waste, which are consistent with the recommendations of the District (Municipal) Commander of the State Fire Service,
- providing the basic chemical composition - at the request of the Authority, if determining the types of waste does not enable determining the risk to the environment and human life or health,
- information and data required on on the basis of separate regulations.
The above list does not exhaust the full scope of information that should be included in the application permit for waste processing. Without professional support, you can easily get lost. You don't know what data is necessary and what can be omitted? At EkoMeritum, we will create a reliable and complete study that will be a source of reliable information for the Authority.
Waste processing permit. Fire protection operation to protect the facility's installation against fire.
If the entity transports any combustible waste, it is highly probable that it is also stored in combustible waste. The storage of this type of waste results in the obligation to attach to the application for a waste processing permit an additional fire safety survey together with the decision of the Commander of the State Fire Service.
The dilemma is that there are no regulations defining the term "combustible waste", nor is there a complete list of such waste. The classification of waste into the combustible or non-combustible group is a basic issue. It is very important to decide whether the waste belongs to one of these groups. Thanks to this, we are able to determine whether we will have to attach a fire safety report to a given application for a waste processing permit or not.
The fire protection operation should include, among others: the following information: fire protection conditions for the installation or facility, its part or other waste storage site. The study should clearly indicate the storage locations for combustible waste. If a firefighter preparing a fire-fighting report finds that the conditions for collecting waste are inappropriate, he may suggest moving the storage locations or securing them appropriately. It may be a suggestion to build a wall with an appropriate structure to ensure conditions that minimize the spread of fire. Another important requirement for a positive decision is that sufficient water is available to extinguish the fire. It seems trivial, but often the existing condition is not sufficient, which generates additional costs of the project related to providing access to water in the indicated place.
Waste processing permit. Who has the right to prepare a fire report?
The fire-fighting report should be prepared by a fire protection expert, a fire engineer or a person with a university degree in Fire Safety Engineering at the Main School of Fire Service. The selection of a specialist's preparation depends on which authority issues a decision on waste processing - whether the Marshal of the Voivodeship or the Starost.
Combustible waste storage. Monitoring of waste storage sites.
When managing combustible waste, video monitoring should be carried out around the clock with the use of devices ensuring image recording and identification of persons present at the storage site of this type of waste. There is an obligation to protect the record against unauthorized access, loss and store it for a month from the date of its making.
He has the right to control activities in this respect, e.g. Voivodship Inspector of Environmental Protection.
Entities that do not meet their obligations regarding the possession of appropriate decisions during VIEP inspections will receive post-inspection orders. Post-inspection orders impose an obligation to regulate the formal and legal status.
Waste processing permit - decision on environmental conditions.
One of the attachments listed by the legislator to the application for a waste processing permit is the decision on environmental conditions.
The necessity to submit it significantly extends the investment procedure. It is related to the consideration of the application by the commune or city authority, which additionally requests the opinion of three other authorities as standard. These are: the Regional Director for Environmental Protection, the Fire Service and Polish Waters. This procedure is time-consuming, but it has been recognized by the legislator as correct. Failure to submit a decision on environmental conditions usually results in the termination of the procedure at a very early stage due to serious formal deficiencies in the application. The decision on environmental conditions has a key role in considering whether the entity has grounds to apply for the possibility of lawful waste treatment.
Calculation of claims security - how to calculate claims security?
Some time ago, the legislator imposed an obligation on the waste holder to obtain a permit to collect and/or process waste. In addition, in recent years, it has imposed the obligation to calculate security for claims and attach it to applications for permits to collect and process waste. Securing claims is intended to cover the costs of alternative waste removal from a place not intended for storage or storage, should such a situation occur.
Such an ordering decision has the right to be issued by the commune head, or possibly the mayor or president of the city. (Article 26 section 2; Article 47 section 5 of the Act on waste).
The above provision imposes an obligation on the Holder to remove the waste and the negative effects it caused in the environment in the event of withdrawal of the permit held.
According to Art. 48a sec. 3 of the Waste Act, the amount of security for claims should be calculated as follows:
It is the product of the maximum weight of waste that can 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 rates for securing claims.
The Regulation concerns the determination of rates, and the method of calculating the security is specified in the Waste Act.
The purpose of the regulation is to limit the cases of termination of waste management activities, which would result from the desire to avoid the financial consequences conditioned by the need to manage the waste collected during the activity and the possible imposition of an order to eliminate the effects of water and soil pollution.
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Criminal record certificate - who issues the criminal record certificate and what does it mean?
There is an obligation for the entity applying for a decision to collect waste or a decision to process waste to submit relevant certificates and declarations of no criminal record together with the application for the aforementioned decisions.
A clean criminal record certificate is issued by the National Criminal Register office.
It informs whether the person applying for the permit has not been convicted by a final court judgment by the date of issuing the certificate.
Criminal record certificate – what types of criminal record certificates and criminal record statements are required to be attached to the application for a processing permit and a waste collection permit?
The application for a permit to collect waste and the application for a permit to process waste shall be accompanied by:
- 1) certificate of clean criminal record of the waste holder and partner, commercial proxy, member of the management board or member of the supervisory board of the waste holder for crimes against the environment and others;
- 2) a certificate of clean criminal record of the waste holder for crimes against the environment under the provisions of the Act on the liability of collective entities for acts prohibited under penalty;
- 3) a declaration of no criminal record of persons or of the number of final convictions of these persons for petty offences;
- 4) a statement that in relation to the waste holder who is a natural person running a business or a waste holder who is a legal person or an organizational unit without legal personality, a partner, commercial proxy, member of the management board or a member of the supervisory board of this waste holder in the last 10 years, no final decision was issued to withdraw the permit for collection, processing of waste or permit for the production of waste taking into account the collection and processing of waste, or an administrative fine in the amount exceeding a total of PLN 150 was not imposed at least three times PLN;
- 5) a statement that the shareholder, proxy, member of the management board or member of the supervisory board of the waste holder is not or was not a shareholder, proxy, member of the supervisory board or member of the management board of another entrepreneur, in relation to whom a final decision was issued in the last 10 years to withdraw a permit for the collection, processing of waste or a permit for the production of waste taking into account the collection and processing of waste, or who was subjected to an administrative fine at least three times in the last 10 years, in the total amount exceeding PLN 150 PLN for violations committed when he is or was a partner, commercial proxy, member of the supervisory board or member of the management board of that other entrepreneur. (Article 000(42a) of the Waste Act).
The date of issue is always included on the document. The document states the actual state of affairs (no criminal record) on a given day.
The interested person or an entity acting on their behalf should submit a completed form.
A criminal record certificate can be obtained in several ways – in person, online on the Internet or by post.
• The first way is to submit an appropriate completed form at the KRK point;
• The second way is to apply for a certificate online.
Such a certificate issued electronically requires:
1. setting up an account on the KRK website
2. generate a request for information about a person;
3. having a trusted profile, possibly a qualified certificate necessary to sign the document;
4. pay the fee.
The certificate is issued by placing it in the KRK system for download
• The third way is to obtain by letter inquiry
In this case it is necessary:
1. completing the request for information about the person;
2. incurring the fee and attaching the payment confirmation to the sent inquiry;
The letter should be addressed to the KRK Information Office or one of the KRK information points.
Waste Processing Permit - What types of businesses need a Waste Processing Permit?
Our clients in the field of documentation necessary to obtain a permit for waste processing are entities representing various industries - not only production plants, but also service companies. We also prepare documentation for other institutions and public enterprises. We prepare documentation together with the content of applications for installations located throughout the territory of the Republic of Poland.
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.