Permission to generate hazardous waste - what is worth knowing?

Service Business

The subject of the article is a permit for the production of hazardous waste. In particular, the definition of hazardous waste will be indicated, which is de facto determined on the basis of various provisions of laws and EU normative acts. We will also indicate the premises that impose on the producer of hazardous waste the obligation to obtain a permit, as well as to whom the relevant application should be submitted and what should be included in it.

What is hazardous waste?

Pursuant to the Act of December 14, 2012 on waste, hazardous waste is waste that displays at least one of the hazardous properties. They are defined in EU regulations:

  • Commission (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98 / EC of the European Parliament and of the Council on waste and repealing certain directives (Official Journal EU L 365 of 19.12.2014, p. 89, as amended),

  • Of the Council (EU) 2017/997 of 8 June 2017 amending Annex III to Directive 2008/98 / EC of the European Parliament and of the Council with regard to the hazardous property HP 14 "Ecotoxic" (Journal of Laws UE L 150 of 14.06.2017 , page 1).

Hazardous waste is:

  • sanitary waste from hospitals, medical centers and clinics,

  • wastes from the production and preparation of pharmaceutical products,

  • used pharmaceuticals and drugs,

  • waste from:

    • production and use of biocides and phytopharmaceuticals,

    • the production and use of chemicals for wood preservation,

    • production and use of organic solvents,

  • cyanide-containing waste from heat treatment and quenching processes

  • waste mineral oils unfit for their originally intended use,

  • oily sewage, hydrocarbon-water mixtures, emulsions,

  • waste substances and articles containing or contaminated with polychlorinated diphenyls (PCBs) and / or polychlorinated triphenyls (PCTs) and / or polybrominated diphenyls (PBBs),

  • tar waste from refining, distillation and pyrolysis processes,

  • waste from the production or use of inks, dyes, pigments, paints, varnishes and varnishes, resins, latex, plasticizers, adhesives / binders, photographic chemicals and materials used in photochemistry,

  • waste chemicals generated in scientific research and development or training activities, which are not identified and / or newly created, and whose effects on humans and / or the environment are unknown,

  • waste with explosive properties not covered by other legislation,

  • wastes from surface treatment of metals and plastics,

  • residues from industrial waste neutralization processes.

Also hazardous is waste that contains the following substances: metal carbonyls, beryllium; compounds of beryllium, hexavalent chromium, copper, zinc, arsenic, selenium, cadmium, antimony, tellurium, mercury, thallium, lead and their compounds, inorganic fluorine compounds, without calcium fluoride, inorganic cyanides, acid solutions, solid acids, alkaline solutions , solid bases, asbestos, organic phosphorus compounds, organic cyanides, phenols and their compounds, ethers, halogen-free and organic solvents, polychlorinated dibenzofuran and chemicals of a similar composition, polychlorinated dibenzo-p-dioxin and chemicals of a similar composition , halogen derivatives of other organic compounds other than those mentioned.

It follows that many entrepreneurs produce dangerous products - medical centers, pharmacies, printing houses, photo shops. It is important for the trader to know what substances are used in the generation of waste so that he can make an informed and correct decision as to whether they constitute hazardous waste.

When is a permit to generate hazardous waste necessary?

Based on Article. 180a of the Act of 27 April 2001, Environmental Protection Law, a permit for the generation of waste is required for the production of waste:

  • weighing more than 1 Mg per year - in the case of hazardous waste or

  • with a mass exceeding 5,000 Mg per year - in the case of non-hazardous waste.

1 Mg is 1 ton.

An entity that produces more than 1 tonne of hazardous waste per year must obtain a permit to generate it.

Who can obtain a permit to generate hazardous waste?

A permit to generate waste is issued at the request of the person who runs the installation or is the producer of the waste. It can be:

  • Polish entrepreneur,

  • a foreign entrepreneur who is represented by an attorney,

  • another entity that operates the installation, for example a farmer.

The procedure for obtaining a permit for the production of hazardous waste

Pursuant to the provisions of the Environmental Protection Act, the permit is issued by decision of the environmental protection authority. In practice, it is the competent staroste. He shall immediately inform the voivodeship inspector for environmental protection about the granting, expiry, withdrawal or limitation of the permit.

Importantly, before issuing a permit for waste generation, the poviat / city commander of the State Fire Service inspects the installation, building structure or part thereof, including the waste storage site. The scope of this control concerns the fulfillment of the requirements specified in the provisions on fire protection and in the scope of compliance with the fire protection conditions.

It is the authority - the staroste - that applies to the competent commander of the State Fire Service to conduct an inspection and provides him with a copy of the necessary documentation, in particular an application for a permit to generate waste. Therefore, the person concerned does not try to do so, and it is dealt with by the authority issuing the permit.

If all the requirements are met, the commanding officer shall issue an order in this regard. If it is negative, there is no complaint, and the starost is obliged to refuse to issue a permit to generate waste.

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Application for a permit to generate hazardous waste

The entity that applies for a permit to generate hazardous waste must submit an application to the competent starost. The necessary elements of the application include:

  • designation of the operator of the installation, his address of residence or registered office,

  • designation of the main operator of the installation or determination of the scope of responsibility of individual operators of the designated parts of the installation for the operation of the installation in accordance with the environmental protection regulations, in the case specified in Art. 183b of the environmental protection law,

  • the address of the plant where the installation is operated,

  • information on the legal title to the installation,

  • information about the type of installation, devices and technologies used, as well as technical characteristics of the sources of emission and places of emission,

  • assessment of the technical condition of the installation,

  • information about the type of business,

  • description of the assumed variants of the functioning of the installation,

  • block (general) technological diagram with a mass balance and types of materials, raw materials and fuels used, important from the point of view of environmental protection requirements,

  • information about the energy used or produced by the installation,

  • the size and sources of generation or emission places - current and proposed - during the normal operation of the installation and in abnormal conditions, in particular, such as start-up and shutdowns,

  • conditions or parameters characterizing the operation of the installation, defining the moment of completion of commissioning and the moment of commencement of shutting down the installation,

  • information on the planned periods of operation of the installation in abnormal conditions,

  • information on the existing or anticipated environmental impact of emissions,

  • results of measurements of emissions from the installation, if the measurements were required,

  • changes in emissions, if they occurred after the last permit for the installation was obtained,

  • proposed activities, including specification of technical measures to prevent or reduce emissions, and if the activities are to be implemented within the period for which the permit is to be issued - also the proposed date for completion of these activities,

  • proposed procedures for monitoring technological processes significant from the point of view of environmental protection requirements, in particular the measurement or recording of emissions and fire protection requirements in the case of a waste generation permit that includes collection or processing of waste,

  • the declared date and method of completing the operation of the installation or its designated part, which does not pose a threat to the environment, if the end of operation is expected within the period for which the permit is to be issued,

  • the declared total time of further operation of the installation, if it affects the determination of environmental protection requirements, and the declared method of documenting the time of this operation,

  • declared date of putting the installation into operation,

  • the period for which the permit is to be issued.

The application must also be accompanied by:

  • legal title to the waste storage place,

  • certificate of clean criminal record of the natural person, partner, proxy, member of the supervisory board, member of the management board of legal persons or organizational units without legal personality for offenses against the environment,

  • fire protection survey, containing the conditions for fire protection of the installation, facility or part thereof or other waste storage place,

  • decision of the Commander of the Municipal State Fire Service,

  • plan with marked waste storage locations,

  • confirmation of payment of stamp duty on the application - PLN 2011 or for production activity in agriculture, for micro-entrepreneurs and for small and medium-sized enterprises - PLN 506.