The Act Of 1 July 2011, Amending The Law On The Maintenance Of Cleanliness And Order In The Municipalities And Certain Other Laws

Original Language Title: USTAWA z dnia 1 lipca 2011 r. o zmianie ustawy o utrzymaniu czystości i porządku w gminach oraz niektórych innych ustaw

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Article. 1. [Act to maintain cleanliness and order in the municipalities] in the Act of September 13, 1996 to maintain cleanliness and order in the communities (Journal of laws of 2005, no. 236, poz. 2008, as amended. 2)) is amended as follows: 1) link # 1 to the title of the Act is replaced by the following: "1) this Act shall be made in its regulation of the implementation of the following directives: 1) of Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ. EC-L 135 of 30.05.1991 p. 40, as amended. d.; Oj. EU Polish Special Edition, chapter. 15, t. 2, p. 26);

2) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ. EC-L 182 of 16.07.1999, p. 1, as amended. d.; Oj. EU Polish Special Edition, chapter. 15, vol. 4, p. 228);

3) Directive 2008/98/EC of 19 November 2008 on waste and repealing certain directives (OJ. L 312, 22.11.2008, p. 3 – 30). ";

2) art. 1 shall be replaced by the following: "Article. 1. The law specifies: 1) the tasks of the municipality and the obligations of property owners for maintaining clean and tidy;

2) conditions for the exercise of the activity of receiving municipal waste from property owners and the management of those wastes;

3) conditions for granting authorisations service providers within the scope of the law. ";

3) after article. 1 the following article. 1a shall be inserted: ' Article. 1a. In cases concerning the treatment of waste in terms of unregulated in this Act shall apply to the provisions of the Act of 27 April 2001 on waste (Journal of laws of 2010 # 185, poz. 1243, as amended. 3)). ";

4) article. 2 in paragraph 1. 1 point 2 is deleted;

5) article. 3: a) of paragraph 1. 2 shall be replaced by the following: "2. The municipality shall ensure cleanliness and order in their area and create the conditions necessary for their livelihood, in particular: 1) create conditions to perform the work related to the maintenance of cleanliness and order on the territory of the municipality or provide these works by creating the appropriate organizational units;

2) provide the construction, maintenance and operation of their own or shared with other municipalities: a regional municipal waste processing installations), b) collecting stations, where the connection of all property to the sewerage network is impossible or causes excessive costs, c) installation and equipment for the collection, transport and disposal of animal carcases or parts of them, d) public lavatories;

3) include all owners of real estate in the municipality of municipal waste management system;

4) supervise the management of waste, including the implementation of the tasks assigned to the operators receiving municipal waste from property owners;

5) establish separate collection of municipal waste, covering at least the following waste fractions: paper, metal, plastic, glass and multiple material packaging and biodegradable municipal waste, including biodegradable packaging waste;

6) form the points of the separate collection of municipal waste in a way that ensures easy access for all inhabitants of the municipality, in this show, in which they can be carried out the collection of waste electrical and electronic equipment from households;

7) ensure the achievement of adequate levels of recycling, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to the storage;

8) conduct information and education for proper management of waste, in particular as regards separate collection of municipal waste;

9) provides on the website of the municipality and in the customary manner the following information: a) entities receiving municipal waste from property owners from the area of the municipality, containing the company, the registered office and address or name, surname and address of the importer's municipal waste from property owners, b) places the management of entities receiving municipal waste from property owners from the area of the municipality of mixed municipal waste , green waste and residues from municipal waste sorting intended for storage, c) achieved by the municipality and the entities receiving municipal waste from property owners who do not operate on the basis of the agreement referred to in article 1. 6F paragraph. 1, and do not provide such a service in order with the free hand, referred to in article 1. 6F paragraph. 2, in a given calendar year required recycling levels, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to storage, d) points in the separate collection of waste, containing:-the company, the registered office and address or name, surname and address of the leading point of the separate collection of waste,-addresses separate collection of municipal waste within the municipality, together with an indication of the waste acceptance hours , e) collecting electrical and electronic waste originating from households, referred to in the Act of 29 July 2005 on waste electrical and electronic equipment (OJ No 180, item 1495, as amended. 4)), containing:-the company, the registered office and address or name, surname and address of the collector waste electrical and electronic equipment,-addresses for the collection of waste electrical and electronic equipment within the municipality;

10) make an annual analysis of the State of the economy of municipal waste, in order to verify the technical and organisational possibilities of the municipality for the management of municipal waste, including: a) the processing capability of the mixed municipal waste, green waste and residues from municipal waste sorting intended for storage, b) investment needs related to the management of household waste, c) costs incurred in connection with receiving, recovery, recycling and disposal of municipal waste , d) the number of inhabitants, e) the number of property owners who have not entered into an agreement referred to in article 1. 6 paragraph 1. 1, on whose behalf the municipality should take action, as referred to in article. 6 paragraph 1. 6 – 12, f) amount of municipal waste produced in the municipality, g) the quantities of mixed municipal waste, green waste and residues from municipal waste sorting storage received from municipalities;

11) prevent the pollution of the streets, plazas and open land, in particular by: collection and disposal, subject to article 22. 5. 4, mud, snow, ice and other contaminants snow-cleared from the sidewalks by the property owners and the waste collected in dedicated to containers that are set on the sidewalk;

12) maintain cleanliness and order on communication stops, which owns or manages is a municipality and which are situated on its area on the public roads without regard to the category of those roads;

13) determine requirements for people living off pets in terms of safety and cleanliness in public places;

14) organise protection against homeless animals on the terms specified in separate regulations;

15) ensure the collection, transport and disposal of corpses of stray animals, or their parts and work with business decision makers active in this field;

16) mark areas affected or threatened by an infectious disease of animals. ", b) after paragraph 1. 2 the following paragraph. 2A shall be inserted: ' 2a. In the event of the exercise by the Union of villages of tasks referred to in paragraph 1. 2, set out in law the rights and obligations of the authorities of the municipality, including the adoption of the acts of the local laws, do the competent authorities. ";

6) after article. 3 the following article. 3A-3 c shall be inserted: ' Article. 3A. 1. The municipality, through tasks which ensure the construction, maintenance and operation of the regional municipal waste processing installations, are obliged to: 1) carry out a tender for the selection of the entity that will be built, maintained or operated regional installation to process municipal waste, or 2) to select the entity, which will be built, maintained or operated regional municipal waste processing installation, on the principles set out in the Act of 19 December 2008 on the public-private partnership (OJ of 2009 # 19 , item. 100 and the 2010 # 106, item. 675), or 3) to select the entity, which will be built, maintained or operated regional municipal waste processing installation, on the principles set out in the Act of 9 January 2009 on public works concession or a service (Journal of laws No. 19, item 101, as amended. 5)).

2. in the case of a standing invitation to tender referred to in paragraph 1. 1 paragraph 1, will end on negative results or when there will be the selection of the private partner to the principles set out in the Act referred to in paragraph 1. 1, paragraph 2, or when the selection is made on the basis of concession, as referred to in paragraph 1. 1, paragraph 3, can carry out the task of construction, maintenance or operation of the regional municipal waste processing installations.


3. Invitations to tender referred to in paragraph 1. 1, point 1, to the extent not regulated in this Act shall apply the law of 29 January 2004 public procurement law (Journal of laws of 2010 # 113, item 759, as amended. 6)).

Article. 3B. 1. Municipalities are required to achieve until 31 December 2020:1) recycling and preparing for re-use the following fractions of municipal waste: paper, metal, plastic and glass of at least 50% by weight;

2) recycling, the preparing for re-use and recovery of other methods of non-hazardous construction and demolition waste of at least 70% by weight.

2. the competent Minister of the environment will determine by regulation: 1) levels of recycling, the preparing for re-use and recovery of other methods, that is a municipality shall be achieved in individual years, taking into account the need to achieve the levels referred to in paragraph 1. 1;

2) how to calculate levels of recycling, the preparing for re-use and recovery of other methods, guided by the need for possible to verify their achievements by each municipality.

Article. 3 c 1. Municipalities are required to reduce the mass of biodegradable municipal waste transferred to storage: 1) until July 16, 2013 – to no more than 50% by weight of the total weight of biodegradable municipal waste transferred to storage, 2) until July 16, 2020-to no more than 35% by weight of the total weight of biodegradable municipal waste transferred to storage-in relation to the weight of the waste generated in 1995.

2. the competent Minister of the environment will determine by regulation: 1) levels limit the weight of biodegradable municipal waste transferred to storage that is a municipality shall be achieved in individual years, taking into account the need to achieve the levels referred to in paragraph 1. 1;

2 How to calculate the weight restriction level) of biodegradable municipal waste transferred to storage, having regard to the reasonable estimates of the mass of biodegradable municipal waste generated per capita in 1995, statistical data on the number of residents living in the municipality and the percentages of biodegradable municipal waste transferred to storage. ";

7) article. 4: a) in paragraphs 1 and 2. 2:-in point 1 (c). (a) is replaced by the following: ' a) in the field of selective collecting and receiving municipal waste, including emerging in households of overdue medications and chemicals, waste batteries and accumulators, waste electrical and electronic equipment, furniture and other bulky waste, construction and demolition waste and used tires, as well as green waste "-repealed section 4-section 5 shall be replaced by the following:" 5) other requirements under provincial waste plan; " , b) (2). 3 is replaced by the following: "3. the Council of the municipality is obliged to adjust the rules of the regional waste management plan within 6 months from the date of the enactment of this plan.";

8) used in the article. 4 paragraph 1. 2 paragraph 2 in the introduction to enumeration and (b). (b), art. 5. 1, point 1, paragraph 2. 4 paragraph 1 and paragraph 2. 5 and art. 6 paragraph 1. 7 paragraph 4 in the different case of the word "device" shall be used, where appropriate, the word "containers".

9) article. 6: a) of paragraph 1. 1 shall be replaced by the following: "1. the property owners, who sold the land the property of liquid waste, and property owners, who are not required to bear the fees for the management of municipal waste to municipalities by the obligation referred to in article 1. 5. 1, paragraph 3b, are required to document in the form of an agreement to use the services provided by: 1) the municipal organizational unit or a trader authorised to conduct the business of the emptying of tanks bezodpływowych and transport of waste liquid or 2) municipal organizational unit or a trader receiving municipal waste from property owners, entered in the register controlled activity referred to in article 2. 9B paragraph 1. 2-by the presentation of such agreements and evidence of the payment of fees for these services. ", b) after paragraph 1. 1A the following paragraphs. 1B shall be inserted: ' 1b. If this is dictated by the need to protect classified information, organizational units, having the real estate constituting the area enclosed within the meaning of the Act of 17 May 1989-geodetic and cartographic Law (Journal of laws of 2010, # 193, poz. 1287), established by the Minister of national defence, may not conclude agreements on receiving municipal waste. In this case, the organizational unit shall be responsible to and consistent with the terms of the disposal of municipal waste collected in the closed. ";

10) article. 6a: a) of paragraph 1. 1 shall be replaced by the following: ' 1. the Council of the municipality may, by resolution, representing an act of local law, to take over from the property owners all or identified the obligations referred to in article 1. 5. 1 paragraph 3b as regards the disposal of liquid waste. 5. 1 paragraph 4. ', b) (2). 3 is replaced by the following: "3. The fee referred to in paragraph 1. 2 is determined in a flat-rate for periodic disposal of specified quantities of liquid waste indicated and to clear the mud, snow, ice and other debris from the sidewalks along the property. The amount of the fee depends on the actual costs incurred by the municipality in respect of organizing and functioning of the system of managing liquid waste and clearing away mud, snow, ice and other debris from the sidewalks along the property. ";

11) after section 3 the following section 3a is inserted: "Chapter 3a of municipal waste by the municipality Article. 6 c 1. Municipalities are obliged to organize receiving municipal waste from the owners of real estate on which they reside.

2. the Council of the municipality may, by resolution, representing an act of local laws, decide to receive waste from property owners that do not inhabit, and are municipal waste.

Article. 6 d 1. Mayor, Mayor or city President is obliged to organise an invitation to tender for the receiving municipal waste from property owners, referred to in article 1. 6 c, or an invitation to tender for the collection and management of these wastes.

2. In order to organize receiving municipal waste from property owners and the designation of points of the separate collection of waste the Municipal Council of more than 10 000 inhabitants can adopt a resolution as an act of local laws on the distribution area of the municipality of sectors, taking into account the number of inhabitants, the population density in the area and the area to be handled by a single trader receiving municipal waste from property owners.

3. where the municipality is divided into sectors, tenders referred to in paragraphs 1 and 2. 1, arrange for each of these sectors.

4. Reeve, Mayor or President of the city shall specify, in the contract specifications, in particular: 1) the requirements for the transfer of received mixed municipal waste, green waste and residues from municipal waste sorting intended for storage to the regional municipal waste processing installations;

2) types of municipal waste selectively received from property owners;

3) standard plumbing services and protection of the environment;

4) the obligation to keep the documentation relating to the activities covered by the contract;

5) detailed requirements of entrepreneurs receiving municipal waste from property owners.

Article. 6E. The company with the participation of the municipality can receive municipal waste from property owners on behalf of the municipality, in case you were selected by tender referred to in article 1. 6 d of paragraph 1. 1. Article. 6f. 1. Mayor, Mayor or President of the city contains of a trader receiving municipal waste from the owners of real estate, chosen by tender referred to in article 1. 6 d of paragraph 1. 1, an agreement to receive waste from property owners.

2. in the event of termination of the agreement to receive waste from property owners Mayor, Mayor or city President is obliged to immediately arrange a standing invitation to tender referred to in article 2. 6 d of paragraph 1. 1. in order to ensure that the receiving municipal waste from the municipalities, pending the outcome of the tender, the municipality provides these services in a direct agreement order mode in accordance with the Act of 29 January 2004 public procurement law.

Article. 6 g. Invitations to tender referred to in article 1. 6 d of paragraph 1. 1, in so far as unregulated in this Act shall apply the law of 29 January 2004 public procurement law.

Article. 6. Property owners, referred to in article 1. 6 c, shall be held for the benefit of municipalities, which are their property, the management of waste.

Article. 6. the obligation of paying the fees for the management of municipal waste is formed: 1) in the case of property referred to in article 1. 6 c of paragraph 1. 1-for each month in which the property resides a resident;


2) in the case of property referred to in article 1. 6 c of paragraph 1. 2-for each month in which the property in question were municipal waste.

Article. 6j. 1. In the case of property referred to in article 1. 6 c of paragraph 1. 1, the fee for the management of waste is the product of: 1) the number of residents living in the property, or 2) the quantity of water consumed with the given property, or 3) the surface of a dwelling – and rates determined on the basis of art. 6 k paragraph 1. 1.2. In the case of property referred to in article 1. 6 c of paragraph 1. 1, the Municipal Council may establish a single rate fee for the management of waste from the household.

3. in the case of property referred to in article 1. 6 c of paragraph 1. 2, the fee for the management of waste is the product of the number of containers of the waste on the property and fees for the management of waste referred to in article 1. 6 k paragraph 1. 1 point 2.

4. in the case of real estate, which in part is the property referred to in article 1. 6 c of paragraph 1. 1, and in part the property referred to in article 1. 6 c of paragraph 1. 2, the fee for the management of waste is the sum of the fees calculated in accordance with paragraph 1. 1-3.

5. in the case of property referred to in paragraph 1. 4, the Municipal Council may decide, acting by a local law that will determine how to calculate the charge for the management of municipal waste in these real estate in accordance with paragraph 1. 1, 2 or 3.

Article. 6 k 1. The Municipal Council, by resolution: 1) select one of the referred to in article 1. 6j paragraph. 1 and 2 methods of fee arrangements for municipal waste management and determines the rate of such fees;

2) determines the rate of the fee for the container with the specified capacity.

2. The Municipal Council, specifying the rate charge for the management of municipal waste, shall take into account: 1) the number of inhabitants residing in the municipality;

2) produced in the municipality of municipal waste;

3) costs of the functioning of the municipal waste management system referred to in article 1. 6 paragraph 1. 2;

4) cases in which property owners produce waste regularly, in particular that on some real estate municipal waste are produced seasonally.

3. the City Council shall determine the lower rates of fees for the management of waste, where municipal waste is collected and received in selectively.

Article. 61. The Municipal Council shall determine by resolution which is an act of local law, the term, the frequency and mode of payment of the fees for the management of waste, taking into account local conditions.

Article. 6 m 1. Property owner is obliged to submit to the Mayor, the mayor or President of a declaration about the charge for the management of waste within 14 days from the date of the residence on the property in the first inhabitant, or on the property of municipal waste.

2. in the case of changes to the data underlying the determination of payable fees for management of municipal waste, or referred to in the Declaration of the amount of municipal waste produced on the real estate property owner is obliged to make a new declaration within 14 days from the date of any change. The fee for the management of municipal waste in the changed amount shall be paid for the month in which the change occurred.

Article. 6n. 1. The Municipal Council, taking into account the need to ensure the correct calculation of fees for the management of municipal waste, shall determine by resolution constituting an act of local law, the model of the Declaration of the charge for the management of waste deposited by the property owners, including explanations about how to fill it, and notice that the Declaration provides the basis for the issue of a writ. The resolution also contains information about the timing and place of the Declaration.

2. the Council of the municipality in the resolution referred to in paragraph 1. 1, you can specify a list of evidence of the particulars contained in the Declaration of the charge for the management of waste.

Article. 6o. In case of non-submission of the Declaration of the charge for the management of waste or of reasonable doubt as to the data contained in the Declaration of the Mayor, the mayor or Mayor specifies, by decision, the amount of the fee for the management of waste, taking into account reasonable estimates, the average amount of municipal waste produced on the property of a similar nature.

Article. 6. In case that the property owner has not paid the fees for the management of waste or pay it in the amount lower than the amount due, the Mayor, the mayor or Mayor specifies, by decision, the amount of arrears in respect of the fees for the management of waste.

Article. 6q. In matters relating to fees for the management of municipal waste shall apply the provisions of the Act of 29 August 1997 – tax, except that the powers of the tax authorities are entitled to wójtowi, Mayor or city President.

Article. 6r. 1. The fee for the management of waste is the income of the municipality.

2. The fees for the management of municipal waste municipality covers the cost of operation of the system of waste management, which include the following costs: 1) receive, transport, collection, recovery and disposal of municipal waste;

2) creation and maintenance of points separate collection of municipal waste;

3) provisioning.

3. the City Council shall determine by resolution constituting an act of local law, the detail and scope of provision of receiving waste from property owners and the management of this waste, in Exchange for paid by the property owner a fee for the management of waste, in particular the amount of municipal waste received from the property owner, the frequency of receiving municipal waste from the property owner and the way the provision of services by selective municipal waste collection points.

4. the Council of the municipality may determine by resolution constituting an act of local law, the types of additional services provided by the municipality in terms of receiving municipal waste from property owners and the management of this waste and the prices for these services.

Article. 6s. In cases where the municipality does not implement the obligation to receive waste from property owners, the property owner is obliged to transfer municipal waste, at the expense of the municipality, municipal waste importer from property owners, your entry in the register of controlled activities referred to in article 2. 9B paragraph 1. 2. ";

12) article. 7: a) in paragraphs 1 and 2. 1 paragraph 1 shall be repealed, (b)) (2). 3A is replaced by the following: ' 3a. The Municipal Council shall determine by resolution constituting an act of local law, the requirements should meet the entrepreneur applicants for authorisation referred to in paragraph 1. 1 paragraph 2, having regard to the description of the technical equipment necessary for the task. ", c) (2). 7 shall be replaced by the following: "7. the competent Minister of the environment, guided by the need to ensure maximum safety for the environment and the people and seeking to harmonise the criteria for issuing authorisations referred to in paragraph 1. 1 paragraph 2 shall determine, by regulation, a detailed how to specify the requirements referred to in paragraph 1. 3A. ";

13) article. 8 paragraph 1 repealed. 2, 2b and 4;

14) repealed article. 8B;

15) article. 9: a) repealed paragraph. 1A, b) in paragraph 2. 1 c paragraph 3 is deleted;

16) repealed article. 9A;

17) [1] after chapter 4 chapter 4a-4 d shall be inserted: "Chapter 4a the procedures for the exercise of the activity of receiving and municipal waste management Article. 9B. 1. The activity on receiving municipal waste from property owners is an activity regulated within the meaning of the Act of 2 July 2004, the freedom of economic activity.

2. the register of activities regulated in terms of receiving municipal waste from property owners, hereinafter referred to as "the register", the leads Mayor, Mayor or President of a competent for the place of receiving municipal waste from property owners.

3. the register shall be in the form of a database stored on data carriers within the meaning of article 3. 3 paragraph 1 of the law of 17 February 2005 on the computerization of the business entities pursuing public tasks (Journal of laws No. 64, item. 565, as amended. 7)), which may be part of other environmental databases, including waste management.

4. The registry shall be: 1) company, the registered office and address or name, surname and address of the trader;

2) employer identification number (ein);

3) identification number (REGON), unless the trader has a number;

4) the term of receiving municipal waste;

5) registration number.

Article. 9 c 1. Entrepreneur receiving municipal waste from property owners shall be obliged to obtain entry to the registry, which intends to receive municipal waste from property owners.

2. Entry to the registry and change the entry in the register shall be made at the written request of the trader.

3. the request for entry in the register shall include:


1) company, the registered office and address or name, surname and address of the trader;

2) employer identification number (ein);

3) identification number (REGON), unless the trader has a number;

4) the term of receiving municipal waste.

4. the application for registration shall be accompanied by proof of payment of stamp duty and a statement of fulfilment of the conditions required for the performance of the activity of receiving municipal waste from property owners with the following content: "I declare that: 1) the data contained in the application for registration of the activities regulated in terms of receiving municipal waste from the property owners are complete and accurate;

2) are known to me and I comply with the procedures for the exercise of the activity of receiving municipal waste from property owners, referred to in the Act of September 13, 1996 to maintain cleanliness and order in the communities (Journal of laws of 2005, no. 236, poz. 2008, as amended.). ".

5. The declaration referred to in paragraph 1. 4, should also include: 1) company, the registered office and address or name, surname and address of the trader;

2) the placemark and the date of the statement;

3) the signature of the trader or the person entitled to represent the entrepreneur with an indication of the first and last names and job function.

6. Entry is made when posting data to the registry.

7. Mayor, Mayor or city President, by making an entry in the register, the trader registration number.

8. Mayor, Mayor or President of the city processes the data entered in the register and ensure the safety of these data.

Article. 9 d 1. Municipal waste importer from property owners shall be obliged to comply with the following requirements: 1) have suitable equipment receiving municipal waste from property owners and ensure its proper condition;

2) maintain the State of emergency vehicles and equipment to receive waste from property owners;

3) meet the technical requirements for the equipment of vehicles to receive waste from property owners;

4) ensure an appropriate location and equipment database storage and transport.

2. the competent Minister of the environment in consultation with the competent Minister for Economic Affairs shall determine, by regulation, the specific requirements referred to in paragraph 1. 1, driven by the need to harmonise the requirements for receiving municipal waste from property owners and the management of this waste.

Article. 9E. 1. Municipal waste importer from property owners shall be obliged to: 1) transfer received from property owners selectively collected municipal waste to install recovery and disposal of waste, in accordance with the waste hierarchy referred to in art. 7 of the Act of 27 April 2001 on wastes;

2) received from property owners of mixed municipal waste, green waste and residues from municipal waste sorting intended for storage for installations for the processing of municipal waste.

2. it shall be prohibited to mixing selectively collected waste from mixed municipal waste received from property owners.

Article. 9F., in the case of underfilling by the property owner in terms of separate collection of municipal waste municipal waste importer accepts them as mixed municipal waste and shall notify the municipality.

Article. 9 g. municipal waste importer from property owners, which does not work on the basis of the agreement referred to in article 1. 6F paragraph. 1, and does not provide such a service in order with the free hand, referred to in article 1. 6F paragraph. 2, is obliged to achieve in a given calendar year in relation to the weight of the received by municipal waste recycling levels, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to storage, referred to in regulations issued on the basis of art. 3B of the paragraph. 2 and art. 3 c paragraph 1. 2. Article. 9. municipal waste importer from property owners, which does not work on the basis of the agreement referred to in article 1. 6F paragraph. 1, and does not provide such a service in order with the free hand, referred to in article 1. 6F paragraph. 2, is obliged to provide property owners, which receives municipal waste, the Bill, in which they are listed the costs of receiving and management of municipal waste.

Article. 9i. In the event of termination of the activity of receiving municipal waste trader receiving municipal waste from property owners shall submit to the competent Reeve, Mayor or President of the city, within 14 days from the date of permanent cessation of the activity in question, request for deletion from the registry.

Article. 9J. 1. The deletion from the register in the cases referred to in article 1. 71 paragraph 1. 1 of the Act of 2 July 2004, the freedom of economic activity.

2. the deletion from the register is also in cases where: 1) issued a final decision prohibiting a trader of establishment covered by the entry;

2) permanent cessation of the trader's economic activities in the municipality covered by the entry;

3) it was found that the undertaking does not meet the requirements for municipal waste importer from property owners;

4) it was found that the undertaking the second time passes mixed municipal waste, waste green or residues from municipal waste sorting intended for storage for installation other than regional systems for the conversion of municipal waste;

5) an entrepreneur who does not work on the basis of the agreement referred to in article 1. 6F paragraph. 1, and does not provide the service receiving municipal waste in order with the free hand, referred to in article 1. 6F paragraph. 2, in the next calendar year has not reached the levels of recycling, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to storage, referred to in regulations issued on the basis of art. 3B of the paragraph. 2 and art. 3 c paragraph 1. 2. Article. 9 k. where it has been found that a municipal organizational unit receiving municipal waste from property owners: 1) does not meet the requirements for municipal waste importer from property owners, 2) second time passes mixed municipal waste, waste green or residues from municipal waste sorting intended for storage for installation other than regional systems for the conversion of municipal waste, 3) has not reached in the next calendar year levels of recycling , the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to storage, referred to in regulations issued on the basis of art. 3B of the paragraph. 2 and art. 3 c paragraph 1. 2 – provincial environmental protection inspector prohibits, by decision, the performance of this business unit receiving municipal waste from property owners for a period of 3 years.

Article. 9 l 1. Leading regional installation to process municipal waste is obliged to conclude an agreement on the management of mixed municipal waste, green waste or residues from municipal waste sorting intended for the storage of all parties receiving municipal waste from property owners who perform their activities within the region the economy waste.

2. in the event of failure of the regional municipal waste processing installation, which makes it impossible to receive mixed municipal waste, green waste or residues from municipal waste sorting intended for storage from receiving municipal waste from property owners waste shall be provided for installation to support replacement of this region, identified in the resolution on the implementation of the regional waste management plan. Municipal waste processing facility that has been designated as the installation of the replacement, is obliged to accept the submitted for this installation.

Article. 9. Leading regional installation to process municipal waste is obliged, at the request of the municipality or municipal waste importer from property owners, the present estimate of the costs of the management of mixed municipal waste, green waste and residues from municipal waste sorting intended for storage, within 7 days from the date of its submission.

Chapter 4b Reporting Article. 9.1. Municipal waste importer from property owners shall be obliged to draw up quarterly reports.

2. the report is submitted wójtowi, Mayor or President of the city by the end of the month following the quarter in which it applies.

3. The report shall contain:


1) information about the weight of the individual types of received municipal waste and how to land them, together with an indication of the installation, to which they were transferred from the property owners mixed municipal waste, green waste and residues from municipal waste sorting intended for storage;

2) information about the weight of biodegradable municipal waste: a) provided for the storage of the landfill, b) whether or not sent for storage at the landfill and how their development;

3) the number of property owners, from which they have been collected municipal waste;

4) an indication of the property owners, who collect waste municipal in a manner inconsistent with the rules.

4. municipal waste importer from property owners, which does not work on the basis of the agreement referred to in article 1. 6F paragraph. 1, and does not provide such a service in order with the free hand, referred to in article 1. 6F paragraph. 2, is obliged to include in the report information on the levels of recycling, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to storage.

5. the body referred to in paragraph 3. 4, joins the list of reports to property owners, with whom during the period covered by the report has entered into an agreement to receive municipal waste and a list of property owners, with whom they have the solution or have expired. The lists shall contain the name and surname or the name and address of the owner of the property, as well as the address of the property.

Article. 9o 1. The operator of the activity of emptying tanks, bezodpływowych and transport of liquid waste is obliged to draw up quarterly reports.

2. the report is submitted wójtowi, Mayor or President of the city by the end of the month following the quarter in which it applies.

3. the report contains: 1) information on the amount and type of waste liquid received from the area of the municipality;

2) learn how to liquid waste management, together with an indication of the zlewnej station, which were forwarded to the received waste liquid;

3) the number of property owners, from which they have been received liquid waste.

4. the body referred to in paragraph 3. 1, joins the list of reports to property owners, with whom during the period covered by the report has entered into a contract for the emptying of tanks bezodpływowych and transport of liquid waste, and the list of property owners, with whom they have the solution or have expired. The lists shall contain the name and surname or the name and address of the owner of the property, as well as the address of the property.

Article. 9 p 1. In order to verify the data contained in the report referred to in article 1. 9 paragraphs 1 and 2. 1 or article. 9o paragraph. 1, the Mayor, the mayor or President of the city may require the municipal waste importer from property owners, the operator of the activity of emptying tanks, bezodpływowych and transport of waste liquid, leading regional municipal waste processing installation or any other holder of the waste to produce documents drawn up for the purposes of the records and evidence of the achievement of specific levels of recycling, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to storage.

2. in the case when the report is drawn up deceptive, Mayor, Mayor or city President calls on the person who forwarded the report to its complement or improve within 14 days.

Article. 9Q. 1. Mayor, Mayor or city President is obliged to draw up annual reports on tasks from the scope of the management of waste.

2. the report is submitted was of and wojewódzkiemu the environmental Verifier by 31 March of the year following the year to which it applies.

3. the report contains: 1) information about the weight of the individual types of received from the area of the municipality of municipal waste and their disposal, together with an indication of the installation, to which they were transferred from the property owners mixed municipal waste, green waste and residues from municipal waste sorting intended for storage;

2) information about the weight of biodegradable municipal waste: a) provided for the storage of the landfill, b) whether or not sent for storage at the landfill and how their development;

3) the number of property owners, from which they have been collected municipal waste;

4) the number of property owners who collect waste municipal in a manner inconsistent with these terms and conditions;

5) information on levels of recycling, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to the storage;

6) information on the amount and type of waste liquid received from the area of the municipality.

4. Failure to report constitutes default obligations referred to in article 1. 3B. 3 c. 9r. 1. Marshal and provincial environmental verifier shall check the data contained in the report referred to in article 1. 9Q paragraph. 1.2. Where the report referred to in article 1. 9Q paragraph. 1, is deceptive, Marshal or provincial environmental protection inspector calls on Mayor, Mayor or city President, who handed over the report to its complement or improve within 30 days.

Article. 9s. 1. Marshal is obliged to draw up annual reports on tasks from the scope of the management of waste.

2. the report is submitted to the competent Minister for the environment by 15 July of the year following the year to which it applies.

3. the report contains: 1) information about the weight of the individual types of received from the area of municipal waste and how to land them, together with an indication of the installation, to which they were transferred from the property owners mixed municipal waste, green waste and residues from municipal waste sorting intended for storage;

2) information about the weight of biodegradable municipal waste: a) provided for the storage of the landfill, b) whether or not sent for storage at the landfill and how their development;

3) the number of property owners, from which they have been collected municipal waste;

4) information on levels of recycling, the preparing for re-use and recovery of other methods and to reduce the weight of biodegradable municipal waste transferred to the storage;

5) information on the amount and type of waste liquid received from the area of the province.

4. in the case when the report is drawn up deceptive, the competent minister of the environment calls on the Marshal, who handed the report to its complement or improve within 30 days.

Article. 9t. the competent Minister of the environment shall determine, by regulation, the reports referred to in article 1. 9 paragraphs 1 and 2. 1, art. 9o paragraph. 1, art. 9Q paragraph. 1 and art. 9s paragraph. 1, driven by the need to harmonise the reporting and the need to ensure effective control in maintaining clean and tidy in the municipalities.

Chapter 4 c to control the Article. 9u. 1. Mayor, Mayor or President of the city it controls compliance with and application of the provisions of the Act.

2. for the inspection referred to in paragraph 1. 1, the provisions of art. 379. 380 of the Act of 27 April 2001 – environmental protection law (Journal of laws 2008 No. 25, item 150, as amended. 8)).

Article. 9V 1. Mayor, Mayor or President of the city may request the competent local police for help, if this is necessary for carrying out the checking operations.

2. At the request of the Mayor, the mayor or President of the city police jurisdiction is obliged to ensure that controls aid the police in carrying out control activities.

Article. 9W. 1. Marshal has control over the leading regional installation to process municipal waste in receiving mixed municipal waste, green waste and residues from municipal waste sorting intended for storage.

2. for the inspection referred to in paragraph 1. 1, the provisions of art. 379. 380 of the Act of 27 April 2001 – environmental protection law.

Chapter 4 d penalty Article. 9 x 1. Entrepreneur receiving municipal waste from property owners, that: 1) receives municipal waste without the required entry in the register of controlled activities referred to in article 2. 9B paragraph 1. 2-subject to a fine of $5000 cash for the first month of operations without the required entry in the registry and $10,000 for each subsequent month of business without the required entry in the registry;

2) mixed municipal waste collected selectively with mixed municipal waste – shall be punishable by a monetary amount from $10,000 to $50,000;


3) does not pass the received from property owners of mixed municipal waste, green waste and residues from municipal waste sorting intended for storage for installation to process municipal waste – shall be punishable by a monetary in the amount of 500 $ to 2000 $ for first disclosed coincidence;

4) passes the unreliable report referred to in article 1. 9F – shall be punishable by a monetary in the amount of 500 $ to 5000 $;

5) passes after the date of the report referred to in article 2. 9F – shall be punishable by a monetary in the amount of $100 for each day of delay.

2. a trader receiving municipal waste from the owners of real estate, which does not work on the basis of the agreement referred to in article 1. 6F paragraph. 1, and does not provide such a service in order with the free hand, referred to in article 1. 6F paragraph. 2 and who does not perform the obligation referred to in article 1. 9 g-shall be punishable by a monetary, calculated separately for the required level: 1) recycling, the preparing for re-use and recovery of other methods;

2) weight restrictions of biodegradable municipal waste transferred to storage.

3. the penalty referred to in paragraph 1. 2, is calculated as the product of the rate of fees for mixed municipal waste as defined in the regulations issued on the basis of art. 290 of the Act of 27 April 2001 – environmental protection law, and the missing mass of the waste, expressed as Mg, required to achieve the appropriate level of recycling, the preparing for re-use and recovery in other methods or limitations of weight of biodegradable municipal waste transferred to storage.

Article. 9y. 1. Communal organizational unit that: 1) receives municipal waste, despite the ban on the exercise of the activity referred to in article 2. 9 k-shall be punishable by a monetary in the amount of $5000 for the first month of business despite the ban and $10,000 for each subsequent month of business despite the ban;

2) mixed municipal waste collected selectively with mixed municipal waste – shall be punishable by a monetary amount from $10,000 to $50,000;

3) does not pass the received from property owners of mixed municipal waste, green waste and residues from municipal waste sorting intended for storage for installation to process municipal waste – shall be punishable by a monetary in the amount of 500 $ to 2000 $ for first disclosed coincidence;

4) passes the unreliable report referred to in article 1. 9F – shall be punishable by a monetary in the amount of 500 $ to 5000 $;

5) passes after the date of the report referred to in article 2. 9F – shall be punishable by a monetary in the amount of $100 for each day of delay.

2. Municipal organizational unit receiving municipal waste from the owners of the property, which does not perform the obligation referred to in article 1. 9 g-shall be punishable by a monetary, calculated separately for the required level: 1) recycling, the preparing for re-use and recovery of other methods;

2) weight restrictions of biodegradable municipal waste transferred to storage.

3. the penalty referred to in paragraph 1. 2, shall be calculated as specified in article 4. 9 x para. 3. Article. op.101.1. A municipality that passes after the date of the report referred to in article 2. 9Q-shall be punishable by a monetary in the amount of $100 for each day of delay.

2. A municipality that does not perform the obligation referred to in article 2. 3B or article. 3 c – shall be punishable by a monetary calculated separately for the required level: 1) recycling, the preparing for re-use and recovery of other methods;

2) reduce biodegradable municipal waste transferred to storage.

3. the penalty referred to in paragraph 1. 2, shall be calculated as specified in article 4. 9 x para. 3.4. A municipality that does not perform the obligation referred to in article 2. 6 d of paragraph 1. 1-shall be punishable by a monetary amount from $10,000 to $50,000.

5. Where the obligation should be made by the villages, monetary penalties, referred to in paragraph 1. 1, 2 and 4 shall be subject to this relationship.

Article. 9za. Facility indicated in the resolution on the implementation of the regional waste management plan, that: 1) receives from municipal waste importer from property owners mixed municipal waste, waste green or residues from municipal waste sorting intended for storage, outside the region of municipal waste – shall be punishable by a monetary amount $500 for each Mg received of waste;

2) does not contain the contract for the disposal of mixed municipal waste, green waste or residues from municipal waste sorting intended for storage of entity receiving municipal waste from property owners, which performs its activity in the region the economy waste – shall be punishable by a £ 10,000 cash;

3) does not receive mixed municipal waste, green waste or residues from municipal waste sorting intended for storage of municipal waste exporter for installation to support replacement of a given region, as indicated in the resolution on the implementation of the regional waste management plan – shall be punishable by a £ 10,000 cash.

Article. 9zb. 1. The penalties referred to in article 1. 9 x para. 1 and 2, imposed by decision, Mayor, Mayor or city President, competent for the place of entering the entrepreneur to register activities regulated, as referred to in article. 9B paragraph 1. 2.2. The penalties referred to in article 1. 9y paragraph. 1 and 2, article. ust op.101. 1, 2 and 4, and article. 9za, imposed by decision, the provincial inspector of environmental protection.

3. The provincial inspector of environmental protection, by way of decision, may suspend the payment of the penalties referred to in article 1. ust op.101. 1, 2 and 4, or to terminate.

Article. 9zc. In determining the amount of the penalty referred to in article 1. 9 x para. 1 point 2-4, art. 9y paragraph. 1 point 2 – 4 and art. ust op.101. 4, the competent authority shall take into account the degree of harmfulness of an Act, the scope of the breach and the current activities of the entity.

Article. 9zd. 1. The entity for which the penalty was imposed, is obliged to pay the penalty within 30 days from the date on which the decision became final.

2. The financial means obtained for financial penalties, referred to in article 1. 9 x para. 1 and 2, are the income of the municipality.

3. Holding the organizational unit, and the facility indicated in the resolution on the implementation of the regional waste management plan add a penalty to the bank account of the competent provincial Fund for environmental protection and water management.

Article. 9ze. 1. Mayor, Mayor or President of the city may submit an application for the suspension of the payment of the penalty referred to in article 1. ust op.101. 1, 2 and 4.

2. Provincial environmental protection officer may suspend the payment of the penalty for a period necessary to take corrective action, not more than 5 years, in the case of the municipality of documented proposal for any corrective action to remove the reasons for the imposition of this penalty.

3. After removing the reasons for the imposition of penalty punishment is remitted; in the case of a failure causes this penalty shall be subject to recovery.

Article. 9zf. penalties shall apply the provisions of chapter III of the Act of 29 August 1997 – tax, except that the powers of the tax authorities are entitled to wójtowi, the Mayor, the President of the city and wojewódzkiemu the environmental verifier. ".

Article. 2. [the inspection Act environmental protection] in the Act of 20 July 1991 on Environmental Audit (Journal of laws of 2007. # 44, item 287, as amended – 9)) article. 2 in paragraph 1. 1 after paragraph 1, the following paragraph 1a shall be inserted: "1a) observance of the provisions of the Act of September 13, 1996 to maintain cleanliness and order in the communities (Journal of laws of 2005, no. 236, poz. 2008, as amended. d. 10)); ".

Article. 3. [environmental law] in the law of 27 April 2001 – environmental protection law (Journal of laws 2008 No. 25, item 150, as amended. 11)) article. 401 of paragraph 1. 8 shall be replaced by the following: ' 8. Provincial Revenue funds are: 1) the proceeds from the fees referred to in article 1. 64 paragraph 1. 2 and 3 and article. 69 paragraphs 1 and 2. 2 of the Act of 29 July 2005 on waste electrical and electronic equipment, as well as the proceeds from the fines meted out on the basis of article. 80 (2). 1-9 of this Act;

2) the proceeds of the fines referred to in article 1. 9y paragraph. 1 and 2, article. ust op.101. 1, 2 and 4, and article. 9za Act of 13 September 1996 on the maintenance of cleanliness and order in the communities (Journal of laws of 2005, no. 236, poz. 2008, as amended. 12)). ".

Article. 4. [the waste Act] in the law of 27 April 2001 on waste (Journal of laws of 2010 # 185, poz. 1243, as amended. 13)) is amended as follows: 1) article. 3 in paragraph 1. 3: a) after point 3 the following paragraph 3a is inserted: "3a) bioodpadach – shall mean the biodegradable wastes from green, food waste and household kitchen, catering establishments, mass caterers and retail units, as well as similar by reason of their nature or composition of the waste from establishments producing or marketing food;", b) after paragraph 8a 8b point is added :


"8b) green waste – means forming part of municipal waste plants derived from green care and markets, with the exception of waste resulting from the cleaning of streets and squares;", c) after paragraph 12 the following point 12a shall be added: ' 12a) you use – it is understood by this activity, as a result of which the non-waste products or parts are reused for the same purpose , to which they were intended; ", d) after paragraph 13 the following point 13a and 13b are inserted: ' 13a) processing – shall mean the processes of recovery or disposal, including preparation prior to recovery or disposal;

13B) preparation for reuse is to be understood by a recovery in which checking, cleaning or repair, in which the products or parts thereof which have become waste are prepared for re-use without any other pre-processing; ", e) after paragraph 15 the following paragraph 15a-15 c shall be inserted:" 15a) a selective collection – shall mean the collection, in which the waste stream in order to facilitate a specific way of processing, only covers the types of waste with the same properties and the same character;

15B) municipal waste management region-shall mean as defined in the regional waste management plan area with at least 150 000 inhabitants; the region economy waste can be a municipality with a population of over 500 000 inhabitants;

15 c regional municipal waste processing installations) – shall mean the establishment of waste management capacity sufficient for the reception and processing of waste from an area inhabited by at least 120 000 inhabitants, meeting the requirements of the best available techniques or technology referred to in article 1. 143 of the Act of 27 April 2001 – environmental protection law and for thermal conversion of waste or a) mechanical-biological treatment of mixed municipal waste and the secretion of mixed municipal waste fractions are suitable, in whole or in part to the recovery, b) processing selectively collected green waste and other bio-waste, and with them the product of fertilizer properties or of crops , which satisfies the requirements laid down in separate, c) storage of waste in the process of mechanical-biological treatment of mixed municipal waste and residues from municipal waste sorting capacity allowing for adoption for a period of not less than 15 years of waste in quantities of not less than arising in the installation of the mechanical-biological treatment of mixed municipal waste; ";

2) article. 9: a) of paragraph 1. 3-4 are replaced by the following: "3. it shall be prohibited to use municipal sludge outside the State on which they were made, subject to paragraph 2. 4.3a. It is prohibited to import into the territory of the State, with a view to the application of municipal sewage sludge, produced outside the province, subject to paragraphs 2 and 3. 4.4. Municipal sewage sludge may be applied in the area of the province other than those that have been made, if the distance from the place of manufacture of the sediment to the place of use is smaller than the distance to the place of use in the area of the same province. ", (b)) repealed paragraph. 4A, c) the following paragraph. 6 and 7 is added: "6. it shall be prohibited to collection and processing: 1) mixed municipal waste, 2) green waste, 3) residues from municipal waste sorting intended for storage outside the region economy of waste, for which they were manufactured.

7. it shall be prohibited to be imported into the region economy waste waste referred to in paragraph 1. 6, produced outside the region. ";

3) article. 10 paragraph 1 repealed. 2;

4) art. 14 shall be replaced by the following: "Article. 14.1. In order to achieve the objectives of environmental policy in the Member States and the implementation of the waste hierarchy and the principle of proximity, as well as the creation of the country's integrated network of waste management installations that meet the requirements for the protection of the environment, is developing a national waste management plan and regional waste management plans, hereinafter referred to as "waste management plans".

2. Waste management plans shall be in accordance with the environmental policy of the State.

3. Provincial waste management plan should be in line with the national plan of waste management and serve the purposes contained in it.

4. the waste management plans apply to the waste produced in the area, for which it is drawn up the plan, and imported into the area, including municipal waste, biodegradable waste, packaging waste and hazardous waste.

5. Waste management plans shall also include measures to prevent waste.

6. Waste management plans shall contain: 1) analysis of the current status of waste management in the area for which it is drawn up the plan, including the following information: a) types, quantities and sources of waste, b) measures for the prevention and evaluation of their utility, (c)) the types and quantities of waste to be treated to individual processes of recovery, including in the installations located outside the territory of the country, (d)) the types and quantities of waste to be treated to individual processes of disposal including installations situated outside the territory of the country, e) existing waste management, including waste collection, f) types, distribution and capacity installations to process waste, including waste oils and other hazardous waste, g) identify problems in waste management, in that, having regard to the geographical, demographic and economic situation, soil conditions, hydrogeological and hydrological, needs assessment:-create a new or revise existing waste collection systems and the construction of additional waste management infrastructure , in accordance with the principle of proximity,-the closure of facilities for waste management;

2) forecasted changes in waste management, including changes resulting from demographic and economic;

3) targets for waste management, together with an indication of the time limits of their achievements, including targets for waste prevention and reduce the amount of biodegradable municipal waste transferred to landfills;

4) determination of courses of action in the field of waste prevention and waste management system to be taken to achieve the objectives referred to in paragraph 3, including: a) activities in the field of waste management, with indication of planned technology and procedures, b) activities in the field of waste treatment causing problems in terms of waste management, including measures to encourage the separate collection of bio-waste to composting and processing them in an environmentally safe way, and the life and health of the people , c) of the arrangements for the treatment of waste oils and other hazardous waste;

5) specify the criteria for the deployment of objects intended for the management of waste and capacity for future waste treatment installations;

6) schedule of planned activities and the determination of the contractors and how to finance tasks arising from the adopted lines of action referred to in paragraph 4;

7) about strategic environmental impact assessment waste management plan on the environment;

8) specify the method of monitoring operations in a way that allows assessment of the State of the implementation of the tasks set out in the waste management plan;

9) summary in non-technical language.

7. in the case of carrying out strategic environmental assessment environmental waste management plan summary referred to in article 2. 55 paragraph 1. 3 of the Act of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and on environmental impact assessment (Journal of laws No. 199, poz. 1227, as amended – 14)), and in the event of cancellation of its conduct – the grounds referred to in article 2. 42 section 2 of this Act, is an annex to the plan.

8. Regional waste management plans also include: 1) the term of the regions economy, household waste, together with an indication of the municipalities within the region;

2) a list of the regional municipal waste processing installation in each regions of municipal waste management and to foster support for these regions until regional municipal waste processing installations, where in one installation has failed or is unable to accept waste from other causes;

3) closing plan regional municipal waste processing installations not satisfying the requirements of the protection of the environment, whose modernization is not possible due to technical reasons or is not justified for economic reasons.

9. Waste management plans may contain, taking into account geographical circumstances and the area for which it is drawn up the plan, information concerning in particular:


1) Organization of activities related to the management of waste, including a description of the Division of tasks between public and private entities involved in the management of waste;

2) assessment of the usefulness and suitability of the use of economic instruments and other instruments to address the problems associated with waste management, taking into account the need to maintain the smooth functioning of the internal market;

3) information campaigns and other ways of informing the public or a specific group of persons in respect of waste management.

10. the competent Minister of the environment shall determine, by regulation, the requirements for the mechanical-biological treatment of mixed municipal waste and requirements for waste arising from these processes, driven by the need to prevent threats to the health and life of humans and the environment, as well as the need to prevent irregularities in the processing of waste. "

5) after article. 14 the following articles. 14A-14 d shall be inserted: ' Article. 14A. 1. The Council of Ministers shall adopt its national plan for waste management, which design, developed in consultation with the competent Minister for Water Affairs, shall submit to the competent minister of the environment.

2. The House of the regional waste management plan shall adopt, which shall submit to the Board of.

3. the Management Board of the passes to the Minister competent for the protection of the environment regional waste management plan within one month from the date of its adoption.

Article. 14B. 1. In the development of waste management plans shall be governed by the law of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and on environmental impact assessment, on public participation in environmental protection and strategic environmental impact assessment.

2. in the case of the absence of strategic environmental assessment environmental waste management plan development plan project authority shall provide for public participation, on the principles set out in the Act referred to in paragraph 1. 1.3. The regional waste management plan project is subject to a favourable opinion from the regulatory authorities of the municipalities of the area, which are not members of the międzygminnych compounds, and enforcement authorities międzygminnych compounds, and in the field of water protection related-by the appropriate regional director of the Board of management.

4. After the opinion of the provincial waste management plan project by the entities referred to in paragraph 1. 3, the Board of the province passes the draft plans for the opinion of the Minister competent for the environment.

5. the authorities referred to in paragraph 1. 3 and 4, reviews within 2 months from the date of receipt of the project. Failure reviews within this period shall be deemed to be the lack of comments.

Article. 14 c 1. Waste management plans are subject to update at least once every 6 years.

2. the Management Board shall submit a draft of an updated regional plan of waste management sejmikowi, not later than one month before the expiry of its update.

3. To update the waste management plans shall apply mutatis mutandis the provisions of article 4. 14A. 14B. 14 d. the competent Minister of the environment may specify, by regulation, the specific scope, manner and form for the regional waste management plan and update it, driven by the need to unify how to prepare waste management plans. "

6) art. 15 and 16 shall be replaced by the following: "Article. 15.1. With the adoption of the regional waste management plan of the House take a resolution on its implementation.

2. the Resolution on the implementation of the regional waste management plan specifies: 1) municipal waste management regions;

2) regional systems for the conversion of municipal waste in the various regions of the municipal waste management and installations intended to foster support for these regions until regional municipal waste processing installations, where in one installation has failed or is unable to accept waste from other causes;

3) regional systems for the conversion of municipal waste-compliant environment, where upgrading is not possible due to technical reasons or is not justified for economic reasons.

3. Resolution on the implementation of the regional waste management plan is an act of local law.

Article. 16.1. With the implementation of the waste management plans shall be drawn up of the report, covering a period of 3 calendar years, as at 31 December of year ending this period, hereinafter referred to as the "reporting period".

2. reports on the implementation of waste management plans contain information on the implementation of the provisions of these plans, assessment of the State of the waste management and assessment of the State of the implementation of the tasks and objectives.

3. the report on the implementation of the national waste management plan: 1) – prepares and submits to the Council of Ministers of the competent minister of the environment, within 18 months after the end of the reporting period;

2 the regional waste management plan)-prepare and submit to the sejmikowi of and the Minister competent for Environmental Affairs Board of, within 12 months after the end of the reporting period.

4. the competent Minister of the environment may specify, by regulation, the specific scope, method and form of the report on the implementation of the regional waste management plan, guided by the need to unify how to prepare these reports. ";

7) repealed article. 16A;

8) repealed article. 79A. 5. [the law on waste electrical and electronic equipment] in the Act of 29 July 2005 on waste electrical and electronic equipment (OJ No 180, item 1495, as amended. 15)) article. 3 in paragraph 1. 1:1) point 1 shall be replaced by the following: "1) waste management decisions – decisions referred to in article 1. 17 paragraph 1. 1 paragraph 1 and paragraph 2. 2, art. 26 paragraph. 1 and art. 28 paragraph 1. 1 of the Act of 27 April 2001 on waste (Journal of laws of 2010 # 185, poz. 1243, as amended. 16)) and in the article. 181 paragraph. 1 paragraph 1 of the Act of 27 April 2001 – environmental protection law (Journal of laws 2008 No. 25, item 150, as amended – 17)); ";

2) in paragraph 16 (a). (b) is replaced by the following: "(b)) the municipal organizational unit established in terms of receiving municipal waste and the trader entered in the register of activities regulated in terms of receiving municipal waste from the property owners".

Article. 6. [the law on stamp duty] in the law of 16 November 2006 on the stamp duty (OJ No 225, poz. 1635, as amended. 18)) in the annex to the Act: 1) in part I in paragraph 1. 36 after point 9 of the following point 9a is inserted: 1 2 3 4 "9a) the executing principal activity under the Act to maintain cleanliness and order in the municipalities $50";

 

 

2) in part III, paragraph 1 shall be repealed. 41. Article. 7. [Act on the prevention of damage to the environment and their repair] in the law of 13 April 2007 on the prevention of damage to the environment and their repair (Journal of laws No. 75, item 493, 2008 # 138, item 865 and # 199, poz. 1227 and 2011 No. 63, item 322) article. 3 in paragraph 1. 1 paragraph 1 shall be replaced by the following: "1) from the scope of the Act of September 13, 1996 to maintain cleanliness and order in the communities (Journal of laws of 2005, no. 236, poz. 2008, as amended. d. 19))-the business of receiving municipal waste from property owners, demanding for an entry in the register of activities regulated in terms of receiving municipal waste from the owners of immovable property; ".

Article. 8. [Act on the provision of information about the environment and its protection] Act of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and on environmental impact assessment (Journal of laws 2008 No. 199, poz. 1227, as amended – 20)) is amended as follows: 1) article. 21 in paragraph 1. 2 point 27 shall be replaced by the following: "27) from the scope of the Act of September 13, 1996 to maintain cleanliness and order in the communities (Journal of laws of 2005, no. 236, poz. 2008, as amended. d. 21))-applications for entry in the register of activities regulated in terms of receiving municipal waste from property owners and in that register entries; ";

2) article. 25 in paragraph 1. 1 in paragraph 8 (a) is repealed. (b) article. 9. [the law on batteries and accumulators] in the Act of 24 April 2009 on batteries and accumulators (Journal of laws No. 79, item 666) is amended as follows: 1) article. 6: a) point 5 is replaced by the following: "5) waste management decisions – decisions referred to in article 1. 17 paragraph 1. 1 paragraph 1 and paragraph 2. 2, art. 26 paragraph. 1 and art. 28 paragraph 1. 1 of the Act of 27 April 2001 on waste and in the article. 181 paragraph. 1 paragraph 1 of the Act of 27 April 2001 – environmental protection law (Journal of laws 2008 No. 25, item 150, as amended – 22)); ", (b)) in paragraph 24 (a). (c) is replaced by the following: "(c)) the trader entered in the register of activities regulated in terms of receiving municipal waste from property owners;";

2) article. 9: a) of paragraph 1. 4 shall be replaced by the following:


"4. the marketed portable batteries and storage batteries portable and car batteries and car batteries should be provided with information on their capacity, in accordance with Commission Regulation (EU) No 1103/2010 of 29 November 2010 establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, the provisions relating to the marking of portable batteries and accumulators, secondary (rechargeable) and automotive information on their capacity (OJ. EC-L 313 of 30.11. 2010, p. 3-7). ", b) repealed paragraph. 6 and 7.

Article. 10. [obligation to take resolutions by the Council of municipalities] 1. Municipalities are required to take, within 12 months from the date of entry into force of the Act, the resolution referred to in article 1. 6 k paragraph 1. 1, art. 6 l, art. 6n paragraph. 1 and art. 6 paragraph 1. 3 of the Act changed in the article. 1. If the Municipal Council does not take decisions in this period, the Governor calls on her to take the resolutions, setting a time limit on them. After expiration of this term the Governor seems in this case to order the replacement. Adopted in this mode, the order produces legal effects, such as an act of local law.

2. The resolution and Ordinance referred to in paragraph 1. 1, cannot enter into force later than 18 months from the date of entry into force of the Act.

3. Resolutions adopted on the basis of article. 6a the Act changed in the article. 1, as amended by the current, remain in force until the entry into force of the resolutions or regulations referred to in paragraph 1. 1, not longer than 18 months from the date of entry into force of the Act, unless the Municipal Council will repeal the resolution.

4. Until the entry into force of the resolutions or regulations referred to in paragraph 1. 1, not longer than 18 months from the date of entry into force of the Act, the municipality is not obliged to receive waste from property owners, referred to in article 1. 6 c of the Act changed in the article. 1. Article. 11. [Exemption from the payment of fees for municipal waste management] 1. Property owner, that at the date of entry into force of the Act has entered into with the municipal organizational unit or an entrepreneur agreement on receiving municipal waste is exempt from the payment of fees for the management of waste referred to in article 1. 6 h of the Act changed in the article. 1, during the term of this agreement, for no longer than 18 months from the date of entry into force of the Act.

2. the owner of the immovable property, referred to in paragraph 1. 1, to the first statement about the charge for the management of waste referred to in article 1. 6 m, paragraph 1. 1 the Act changed in the article. 1, is obliged to attach a copy of the agreement referred to in paragraph 1. 1.3. In the event of termination or expiry of the agreement, referred to in paragraph 1. 1, before the expiry of the time limit referred to in paragraph 1. 1, the property owner is obliged to inform the Mayor, the mayor or President of the city.

4. During the period in which the owner of immovable property referred to in paragraph 1. 1, is exempt from the payment of fees for the management of waste, a municipality is not bound to receive from municipal waste.

Article. 12. [the deadline for submission of the first statement about the charge] in the resolution referred to in article 1. 6n paragraph. 1 the Act changed in the article. 1, the Municipal Council will also determine the time limit for submission of the first statement about the charge for the management of waste referred to in article 1. 6 m, paragraph 1. 1 the Act changed in the article. 1. Article. 13. [information campaign on the rights and obligations of property owners] Mayor, Mayor or city President is obliged to carry out, as is customary, an information campaign on the rights and obligations of property owners, referred to in the resolutions referred to in article 1. 6 k paragraph 1. 1, art. 6 l, art. 6n paragraph. 1 and art. 6 paragraph 1. 3 of the Act changed in the article. 1. Article. 14. [activities of entrepreneurs receiving municipal waste] 1. A trader receiving municipal waste from property owners who at the date of entry into force of the Act are authorized to receive waste from property owners can perform the activity on receiving and management of municipal waste without an entry in the register of activities regulated, as referred to in article. 9B paragraph 1. 2 of the Act changed in the article. 1, within a period of 12 months from the date of entry into force of the Act.

2. Traders who on the date of entry into force of the Act are authorized to receive municipal waste, are exempt from paying stamp duty for entry in the register of controlled activities referred to in article 2. 9B paragraph 1. 2 of the Act changed in the article. 1. Article. 15. [obligations of communal organizational units] Municipal organizational units, which, at the date of entry into force of the Act shall carry out activities in the field of receiving municipal waste from the property owners are required to adapt to the requirements referred to in article 1. 9 d paragraph 1. 1 the Act changed in the article. 1, within a period of 12 months from the date of entry into force of the Act.

Article. 16. [obligation to adopt the updated provincial waste plan] 1. The House is obliged to adopt, within six months from the date of entry into force of the Act, updated the provincial waste management plan.

2. In its resolution on the implementation of the regional waste management plan shall take into account the functioning on the territory of the systems for the conversion of municipal waste, which, at the date of entry into force of the Act meet the requirements of regional municipal waste processing installations.

3. in the event of the completion of the installation which meets the requirements of the regional municipal waste processing installations for which before the date of entry into force of the Act on environmental decision or a decision of the zoning and land use, this shall be taken into account in the resolution on the implementation of the regional waste management plan or changes in the resolution.

Article. 17. [Transformations on the national and the regional waste management plan] National waste management plan and regional waste management plans that have been adopted on the basis of the provisions of the Act changed in the article. 4 in the version current, become, respectively, the national plan of waste management and regional waste management plans within the meaning of the provisions of the Act changed in the article. 4, as amended by this Act.

Article. 18. [the first reporting period] First reporting period referred to in article 2. 16 paragraph. 1 the Act changed in the article. 4, as amended by this Act, covers the period 2011-2013.

Article. 19. [indication of the installation as plant waste management] in the case of installation indicated in the regional waste management plan as a waste, for which before the date of entry into force of the Act on environmental decision or a decision of the zoning and land use, or whose construction or operation began before the date of entry into force of the Act, the provisions of article 4. 3A the Act changed in the article. 1 shall not apply.

Article. 20. [transfer of mixed waste to the appropriate installation] until the date of entry into force of the decisions referred to in article 1. 15 paragraph 1. 1 the Act changed in the article. 4, municipal waste importer from property owners passes mixed municipal waste, green waste and residues from municipal waste sorting storage received from property owners to install located closest to the place of waste generation, while maintaining the waste hierarchy referred to in art. 7 of the Act changed in the article. 4. Article. 21. [the deadline for submission of the first report] 1. The first report referred to in article 1. 9 paragraphs 1 and 2. 1 and art. 9o paragraph. 1 the Act changed in the article. 1, consists for the first quarter of 2012.

2. the first report referred to in article 1. 9Q paragraph. 1 and art. 9s paragraph. 1 the Act changed in the article. 1, consists of for the year 2012.

Article. 22. [rules of maintaining clean and tidy in the municipality] 1. The existing implementing rules pursuant to article 114. 7 paragraph 1. 7 of the Act changed in the article. 1 remain in force until the entry into force of the new regulations issued on the basis of art. 7 paragraph 1. 7 of the Act changed in the article. 1, as amended by this Act.

2. the rules of keeping clean and tidy in the municipality enacted before the date of entry into force of the Act remain in force until the entry into force of the new regulations, no more than 12 months from the date of entry into force of the Act, and can be changed in terms of authority contained in the Act changed in the article. 1.3. Resolutions of municipal councils issued pursuant to art. 7 paragraph 1. 3A the Act changed in the article. 1 remain in force until the entry into force of the new resolutions of municipal councils issued pursuant to art. 7 paragraph 1. 3A the Act changed in the article. 1, as amended by this Act.

Article. 23. [entry into force] this Act shall enter into force on 1 January 2012, with the exception of: 1) art. 9, paragraph 2, which shall enter into force after 14 days from the date of the notice;

2) art. 1 paragraph 17 regarding add article. 9 x para. 1, paragraphs 4 and 5, paragraph 1. 2 and 3, article. 9y paragraph. 1, paragraphs 4 and 5, paragraph 1. 2 and 3 and article. ust op.101. 1 – 3, which shall enter into force on January 1, 2013;

3) art. 1 paragraph 17 regarding add article. ust op.101. 4, which shall enter into force on 1 July 2013.



 


1) this Act changes: the law of 20 July 1991 on Environmental Auditing, the Act of 27 April 2001 – environmental protection law, the law of 27 April 2001 on waste, the Act of 29 July 2005 on waste electrical and electronic equipment, the Act of 16 November 2006 on stamp duty, the law of 13 April 2007 on the prevention of damage to the environment and their repair , a law of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and on environmental impact assessment and the Act of 24 April 2009 on batteries and accumulators.

2) Changes the consolidated text of the said Act were announced in the journal of laws of 2006 No 144, item. 1042, 2008 No. 223, item. 1464, 2009. # 18, item. 97, no. 79, item. 666, No 92, POS. 753 and # 215, poz. 1664, 2010 # 47, item. 278 and 2011 No. 5, item. 13 and No. 106, item. 622.3) a change in the consolidated text of the said Act were announced in the journal of laws of 2010 No 203, item. 1351 and 2011 No. 106, item. 622, no. 117, item. 678 and # 138, item. 809.4) changes to the said Act were announced in the journal of laws 2008 No. 223, item. 1464, 2009 No. 79, item. 666 and # 215, poz. 1664 and 2011 No. 63, item. 322 and No. 106, item. 622.5) amendments to the said Act were announced in the OJ of 2009 No 157, item. 1241 and No. 223, item. 1778 and from 2010, # 106, item. 675 and No. 182, item. 1228.6) amendments to the consolidated text of the said Act were announced in the journal of laws of 2010 # 161. 1078 and No. 182, item. 1228 and 2011 No. 5, item. 13, no. 28, item. 143 and # 87, item. 484.7) amendments to the said Act were announced in the journal of laws of 2006. # 12. 65 and No. 73, item. 501, 2008 No. 127, item. 817, 2009. No 157, item. 1241, 2010 # 40. 230, no. 167, item. 1131 and No. 182, item. 1228 and 2011 No. 112, item. 654.8) amendments to the consolidated text of the said Act were announced in the journal of laws 2008 No. 111, item. 708, no. 138, item. 865, # 154, poz. 958, # 171, poz. 1056, # 199, item. 1227, no. 223, item. 1464 and # 227. 1505, 2009. No 19, item. 100, no. 20, item. 106, no. 79, item. 666, Nr 130, poz. 1070 and # 215, poz. 1664, 2010 No. 21, item. 104, no. 28, item. 145, no. 40. 227, no. 76, item. 489, no. 119, item. 804, no. 152, item. 1018 and 1019, no. 182, item. 1228, no. 229, item. 1498 and # 249, item. 1657 and 2011 # 32, item. 159, no. 63, item. 322, no. 94, item. 551, No 99, item. 569 and # 122, item. 695.9) changes to the consolidated text of the said Act were announced in the journal of laws of 2007, no. 75, item. 493, no. 88, item. 587 and No 124, item. 859, 2008 # 138, item. 865, # 199, item. 1227 and # 227. 1505, 2009. # 18, item. 97, # 31, item. 206, no. 79, item. 666 and # 130, poz. 1070, 2010 No. 182, item. 1228 and # 239, item. 1592 and 2011 No. 63, item. 322 and # 122, item. 695.10) changes to the consolidated text of the said Act were announced in the journal of laws of 2006 No 144, item. 1042, 2008 No. 223, item. 1464, 2009. # 18, item. 97, no. 79, item. 666, No 92, POS. 753 and # 215, poz. 1664, 2010 # 47, item. 278 and 2011 No. 5, item. 13, No. 106, item. 622 and No. 152, item. 897.11) a change in the consolidated text of the said Act were announced in the journal of laws 2008 No. 111, item. 708, no. 138, item. 865, # 154, poz. 958, # 171, poz. 1056, # 199, item. 1227, no. 223, item. 1464 and # 227. 1505, 2009. No 19, item. 100, no. 20, item. 106, no. 79, item. 666, Nr 130, poz. 1070 and # 215, poz. 1664, 2010 No. 21, item. 104, no. 28, item. 145, no. 40. 227, no. 76, item. 489, no. 119, item. 804, no. 152, item. 1018 and 1019, no. 182, item. 1228, no. 229, item. 1498 and # 249, item. 1657 and 2011 # 32, item. 159, no. 63, item. 322, no. 94, item. 551, No 99, item. 569 and # 122, item. 695.12) a change in the consolidated text of the said Act were announced in the journal of laws of 2006 No 144, item. 1042, 2008 No. 223, item. 1464, 2009. # 18, item. 97, no. 79, item. 666, No 92, POS. 753 and # 215, poz. 1664, 2010 # 47, item. 278 and 2011 No. 5, item. 13, No. 106, item. 622 and No. 152, item. 897.13) changes in the consolidated text of the said Act were announced in the journal of laws of 2010 No 203, item. 1351 and 2011 No. 106, item. 622, no. 117, item. 678 and # 138, item. 809.14) changes in the said Act were announced from the 2008 # 227. 1505, 2009 # 42, item. item. 700 and No 157, item. 1241, 2010 # 28, no. 106, item. 675, # 119, item. 804, # 143, and No. 182, item. 1228 and 2011 # 32, item. 159. 695, no. 132, item. 766 and No 135, item. 789.15) changes to the said Act were announced in the journal of laws 2008 No. 223, item. 1464, 2009 No. 79, item. 666 and # 215, poz. 1664 and 2011 No. 63, item. 322 and No. 106, item. 622.16) amendments to the consolidated text of the said Act were announced in the journal of laws of 2010 No 203, item. 1351 and 2011 No. 106, item. 622, no. 117, item. 678, no. 138, item. 809 and No. 152, item. 897.17) changes to the consolidated text of the said Act were announced in the journal of laws 2008 No. 111, item. 708, no. 138, item. 865, # 154, poz. 958, # 171, poz. 1056, # 199, item. 1227, no. 223, item. 1464 and # 227. 1505, 2009. No 19, item. 100, no. 20, item. 106, no. 79, item. 666, Nr 130, poz. 1070 and # 215, poz. 1664, 2010 No. 21, item. 104, no. 28, item. 145, no. 40. 227, no. 76, item. 489, no. 119, item. 804, no. 152, item. 1018 and 1019, no. 182, item. 1228, no. 229, item. 1498 and # 249, item. 1657 and 2011 # 32, item. 159, no. 63, item. 322, no. 94, item. 551, No 99, item. 569, no. 122, item. 695 and No. 152, item. 897.18) changes to the said Act were announced in the journal of laws of 2007, no. 64, item. 427, No 124, item. 859, no. 127, item. 880 and No 128, item. 883, 2008 # 44, item. 262, no. 63, item. 394, no. 182, item. 1121, Nr 195, poz. 1198, # 216, item. 1367 and # 220. 1414, 2009 # 6, item. 33, no. 22, item. 120, no. 57, item. 466 and No 72, item. 619, with 2010 # 8, item. 51, no. 81, item. 531, # 107, item. 679 and # 167, item. 1131 and 2011 No. 75, item. 398, no. 106, item. 622, # 112, item. 654, no. 133, item. 768 & # 149. 887.19) changes to the consolidated text of the said Act were announced in the journal of laws of 2006 No 144, item. 1042, 2008 No. 223, item. 1464, 2009. # 18, item. 97, no. 79, item. 666, No 92, POS. 753 and # 215, poz. 1664, 2010 # 47, item. 278 and 2011 No. 5, item. 13, No. 106, item. 622 and No. 152, item. 897.20) a change in the said Act were announced in the journal of laws 2008 No. 227. 1505, 2009 # 42, item. 340, no. 84, item. 700 and No 157, item. 1241, 2010 # 28, item. 145, no. 106, item. 675, # 119, item. 804, # 143, item. 963 and No. 182, item. 1228 and 2011 # 32, item. 159, no. 122, item. 695, no. 132, item. 766 and No 135, item. 789.21) amendments to the consolidated text of the said Act were announced in the journal of laws of 2006 No 144, item. 1042, 2008 No. 223, item. 1464, 2009. # 18, item. 97, no. 79, item. 666, No 92, POS. 753 and # 215, poz. 1664, 2010 # 47, item. 278 and 2011 No. 5, item. 13, No. 106, item. 622 and No. 152, item. 897.22) a change in the consolidated text of the said Act were announced in the journal of laws 2008 No. 111, item. 708, no. 138, item. 865, # 154, poz. 958, # 171, poz. 1056, # 199, item. 1227, no. 223, item. 1464 and # 227. 1505, 2009. No 19, item. 100, no. 20, item. 106, no. 79, item. 666, Nr 130, poz. 1070 and # 215, poz. 1664, 2010 No. 21, item. 104, no. 28, item. 145, no. 40. 227, no. 76, item. 489, no. 119, item. 804, no. 152, item. 1018 and 1019, no. 182, item. 1228, no. 229, item. 1498 and # 249, item. 1657 and 2011 # 32, item. 159, no. 63, item. 322, no. 94, item. 551, No 99, item. 569, no. 122, item. 695 and No. 152, item. 897. [1] Article. 1 paragraph 17 as amended stipulated by art. 66 (1) and (2) of the Act of 29 July 2011, amending the law on the basis of records and identification of taxpayers and payers and certain other laws (Journal of laws. # 171, poz. 1016). the change entered into force on 1 September 2011.

Article. 1 paragraph 17 as amended stipulated by art. 4 of the Act of 18 August 2011, amending the law on the protection of wildlife and certain other laws (Journal of laws. # 224, item. 1337). the change entered into force on 19 October 2011.

Related Laws

2011 Waste Law