Full text of Act No. 106 / 2005 Coll.

Full text of Act No. 185 / 2001 Coll., on Waste and on the Change of Certain Other Laws, as resulting from subsequent amendments

Valid Declared full text
Text versions: 08.03.2005
Contents
ČÁST PRVNÍ § 1 § 2 § 3 § 4 ČÁST DRUHÁ HLAVA I § 5 § 6 HLAVA II § 7 § 8 § 9 ČÁST TŘETÍ HLAVA I § 10 § 11 § 12 § 13 § 14 § 15 HLAVA II Díl 1 § 16 § 17 § 17a Díl 2 § 18 Díl 3 § 19 Díl 4 § 20 § 21 § 22 § 23 Díl 5 § 24 ČÁST ČTVRTÁ HLAVA I § 25 HLAVA II Díl 1 § 26 § 27 Díl 2 § 28 § 29 Díl 3 § 30 § 31 Díl 4 § 32 § 33 Díl 5 § 34 Díl 6 § 35 Díl 7 § 36 § 37 § 37a § 37b § 37c § 37d § 37e Díl 8 § 37f § 37g § 37h § 37i § 37j § 37k § 37l § 37m § 37n § 37o ČÁST PÁTÁ § 38 ČÁST ŠESTÁ § 39 § 40 ČÁST SEDMÁ § 41 § 42 § 43 § 44 ČÁST OSMÁ HLAVA I § 45 § 46 § 47 § 48 HLAVA II § 49 § 50 § 51 § 52 ČÁST DEVÁTÁ § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 60 § 61 až 65 ČÁST DESÁTÁ HLAVA I § 66 § 67 § 68 HLAVA II § 69 § 70 ČÁST JEDENÁCTÁ § 71 § 72 § 73 § 73a § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 81a ČÁST DVANÁCTÁ § 82 § 83 ČÁST SEDMNÁCTÁ § 88 ČÁST OSMNÁCTÁ § 89
106
PRESIDENT OF THE GOVERNMENT
announces the full text of Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws as follows from the amendments made by Act No. 477 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 275 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 167 / 2004 Coll., Act No. 188 / 2004 Coll., Act No. 317 / 2004 Coll. and Act No. 7 / 2005 Coll.
THE LAW
on waste
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BASIC PROVISIONS
§ 1
Subject matter
This law lays down, in accordance with the law of the European Community1)
(a) rules on the prevention and management of waste while respecting environmental protection, human health and sustainable development, 1a)
(b) the rights and obligations of persons on waste management; and
(c) the competence of the public authorities.
§ 2
Scope of the law
(1) The Act applies to the management of all waste, except:
(a) waste water, 2)
(b) wastes from mining activities and activities carried out in a mining way in the form of coupons, drains and drains, 3)
(c) waste of precious metals, 4)
(d) radioactive waste, 5)
(e) dead human bodies including stillborn bodies and abortions, body parts including amputated limbs and organs and remains, 6)
(f) confiscates of animal origin, 7)
(g) undetected emissions of air pollution, 8)
(h) explosives, explosives and ammunition waste, 9)
(i) excavated soil and noise, including sediments from river streams and water tanks, complying with the pollution limits for their use on the agricultural soil fund, to weigh underground areas and to adjust the terrain surface (landscaping) laid down by the implementing legislation.
(2) Save as otherwise provided in specific legislation, this law also applies to the disposal of non-mining waste into underground and decalculates3) and to the management of unused addictive substances, preparations and precursors, and to unused medicinal products. 10)
(3) The Ministry of the Environment and the Ministry of Agriculture set out by decree the details of the loading and the limit values of the concentrations of pollutants in the harvested soil and the extracted noise, including sediments from river streams and water tanks not covered by the Waste Act.
§ 3
The concept of waste
(1) Waste is any movable item which a person discards or intends or has an obligation to dispose of and belongs to one of the waste groups listed in Annex 1 to this Act.
(2) The disposal of waste shall take place whenever a person transfers a movable item belonging to one of the waste groups listed in Annex 1 to this Act, recovery or disposal within the meaning of this Act, or transfers it to a person authorised to collect or purchase waste under this Act, irrespective of whether it is a free or corrupt transfer. Wastes are disposed of even if the movable item belonging to one of the waste groups listed in Annex 1 to this Act is removed by the person himself.
(3) If the owner does not prove otherwise in the dispute settlement proceedings provided for in Paragraph 78 (2) (h), the intention to dispose of a movable item belonging to one of the waste groups listed in Annex 1 to this Act shall be presumed,
(a) arising from legal persons or natural persons authorised to do business as a by-product in the manufacture or conversion of energy, in the manufacture or handling of substances or products or in the use of them or in the provision of services; or
(b) whose initial purpose has been abandoned or ceased to exist.
(4) A person shall be obliged to dispose of a movable item belonging to one of the waste groups listed in Annex 1 to this Act if he is not using it for his original purpose and the matter is a threat to the environment or has been disposed of by special legislation. 11)
§ 4
Other basic terms
For the purposes of this Act:
(a) hazardous waste - waste listed in the list of hazardous waste referred to in the implementing legislation and any other waste showing one or more of the hazardous properties listed in Annex 2 to this law;
(b) municipal waste - all waste arising from the activity of natural persons in the territory of the municipality and listed as municipal waste in Implementing Legislation 11a) excluding waste arising from legal persons or natural persons authorised to do business;
(c) waste management - waste prevention, waste management and subsequent management of the place where the waste is stored and control of such activities;
(d) waste management - collection, concentration, collection, purchase, sorting, transport and transport, storage, treatment, recovery and disposal;
(e) equipment - technical equipment, location, construction or part of construction,
(f) waste collection - short-term concentration of waste into the collection facilities at the place of its formation before further waste management;
(g) storage of waste - the intermediate location of waste which has been concentrated (collected, collected, redeemed) in and kept in the designated facility;
(h) waste landfill - a technical facility intended for disposal by permanent and controlled storage on the ground or the ground;
(i) collection of waste - concentration of waste by a legal person or a natural person authorised to do business from other entities for the purpose of transmitting them for further recovery or disposal;
(j) purchase of waste - collection of waste where the waste is purchased at an agreed price by a legal person or a natural person authorised to do business;
(k) treatment of waste - any activity which results in a change in the chemical, biological or physical properties of waste (including their sorting) in order to permit or facilitate their transport, recovery, disposal or reduction of their volume or, where appropriate, to reduce their hazardous properties;
(l) recovery of waste - activities listed in Annex 3 to this Act;
(m) material recovery of waste - replacement of primary raw materials by substances derived from wastes which may be considered secondary raw materials or recovery of waste properties for original or other purposes, except for the immediate acquisition of energy;
(n) energy recovery of waste - the use of waste mainly in a way similar to that of fire8) in order to obtain its energy content or other means of producing energy;
(o) disposal of waste - activities listed in Annex 4 to this Act;
(p) producer of waste - the legal person in whose business waste is generated or the natural person authorised to do business in whose business waste is generated. For municipal waste arising in the territory of a municipality which originates in the activity of natural persons not subject to the obligations of the originator, the municipality shall be deemed to be the producer of the waste. The municipality becomes the producer of municipal waste at the time when the natural person places the waste on the site for that purpose; the municipality will also be the owner of such waste,
(r) by an authorised person - any person who is entitled to waste management under this law or under specific legislation, 12)
(s) putting the product into circulation - the transfer of the product to another person for distribution or use, whether or not for consideration. Imports of the product shall also be considered as putting into circulation.

ČÁST DRUHÁ

DETERMINATION OF WASTE AND EVALUATION OF DANGEROUS WASTE CHARACTERISTICS

HLAVA I

DISCLOSURE
§ 5
Classification of waste by Waste Catalogue
(1) The originator and the beneficiary are required to classify waste for waste management purposes according to the Waste Catalogue issued by the Ministry of the Environment ("Ministry") by implementing legislation.
(2) In cases where the waste cannot be clearly classified under the Waste Catalogue, the Ministry shall, on a proposal from the competent municipal authority of the municipality, classify the waste with extended scope. The administrative rules shall not apply to such proceedings. 13)
(3) The Ministry shall determine by decree:
(a) Catalogue of waste,
(b) the procedure for the classification of waste under the Waste Catalogue; and
(c) the details of the proposal of the municipal authority of the municipality with extended scope for the classification of waste according to the Waste Catalogue.
§ 6
Classification of waste by category
(1) The originator and the beneficiary are required to classify waste as a dangerous category for waste management purposes if:
(a) listed in the list of hazardous waste referred to in the implementing legislation; or
(b) mixed or contaminated by one of the ingredients listed in the list of ingredients which makes waste hazardous as set out in Annex 5 to this Law; or
(c) mixed or contaminated by one of the wastes listed in the list of hazardous waste referred to in the implementing legislation.
(2) Where waste has one or more of the dangerous properties listed in Annex 2 to this Act, the originator and the authorised person handling the waste shall be required to classify and treat the waste as hazardous even if it does not meet the conditions set out in paragraph 1.
(3) Compound municipal waste shall not be classified as hazardous and the originator and the beneficiary shall not be obliged to treat it as hazardous even if it fulfils the conditions set out in paragraph 1 or 2.
(4) Where the originator or beneficiary has demonstrated by a certificate of the exclusion of hazardous waste properties that the waste referred to in paragraph 1 (b) or (c) does not have any dangerous properties, they shall not be obliged to comply with the regime laid down for hazardous waste; However, they are required to verify that waste does not have such hazardous properties. The method and frequency of verification shall be determined by the authorising officer in the certificate of the exclusion of hazardous waste properties.
(5) The Ministry provides for a list of hazardous waste by decree.

HLAVA II

EVALUATION OF DANGEROUS HAZARDS
§ 7
Authorisation to evaluate hazardous properties of waste
(1) Where the originator or beneficiary handling the waste considers that the waste which fulfils the conditions set out in Article 6 (1) (b) or (c) does not have any of the hazardous properties, they may request the evaluation of the hazardous properties of that waste.
(2) The hazardous properties of waste listed in Annex 2 to this Act under the designation code H1, H2, H3A, H3-B, H12, H13 and H14 are evaluated by the legal person or natural person authorised by the Ministry, other dangerous properties listed in Annex 2 to this Act by the legal person or natural person authorised by the Ministry of Health (hereinafter referred to as the "authorised person").
(3) The authorisation to evaluate hazardous properties of waste is granted for a fixed period of up to five years. The period of validity of the mandate for the assessment of hazardous waste properties shall be extended by the Ministry or the Ministry of Health, on a proposal from the delegate, for a maximum of five years, provided that the conditions for the renewal of the mandate laid down by this Act are fulfilled.
(4) Where the delegate makes a proposal to extend the mandate to evaluate the hazardous properties of waste not later than 6 months before the expiry of the period for which that mandate was granted, the mandate to evaluate the hazardous properties of waste shall not cease to exist until the proposal has been definitively decided.
(5) The delegation granted does not go to another legal person or natural person.
(6) The Ministry shall delegate or extend the mandate to a legal person or a natural person who has demonstrated competence or whose competence has been recognised under a specific legislation. 13a) The professional competence for assessing the hazardous properties of waste listed in Annex 2 to this Act under the designation code H1, H2, H3A, H3- B, H12, H13 and H14 shall be demonstrated by evidence of:
(a) the higher education of technical or natural sciences;
(b) at least 10 years of experience in chemistry or waste management; and
(c) that the applicant has received training for the assessment of the hazardous properties of waste approved by the Ministry in the last 6 months prior to the application for delegation or renewal.
(7) The Ministry of Health shall delegate or extend the mandate to a legal person or a natural person whose competence has been recognised under a specific legislation. 13a) Professional competence shall be demonstrated
(a) for the evaluation of the hazardous properties of waste listed in Annex 2 to this Act under the designation code H4 to H8, H10 and H11 by the presentation of a document of completed university studies in the field of medicine, veterinary medicine or pharmacy, or in another field of study at another university, provided that the natural person has completed a post-graduate study in the field of industrial toxicology and as regards other health professionals, a special course in which toxicology is carried out under specific legislation; 14) for the assessment of the hazardous properties of waste listed in Annex 2 to this Act under the designation H9 by the presentation of a document of completed university studies in the field of medical or veterinary medicine;
(b) evidence of at least 10 years of experience in the field; and
(c) evidence that the applicant has received training for the evaluation of hazardous waste properties approved by the Ministry of Health in the last 6 months prior to the application for a mandate or renewal proposal.
(8) Where a legal person or a natural person authorised to do business is involved, the requirements referred to in paragraphs 6 and 7 shall be met by the person responsible for the proper evaluation of the hazardous properties of the waste, hereinafter referred to as "the expert '.
(9) Where the activity of an expert is terminated with the delegate, the delegate shall be obliged to appoint a new expert representative and to notify the Ministry which entrusted it of his or her provision no later than 15 days from the date of the termination of the activity of the expert representative. At the same time, the delegate shall be required to submit to the Ministry documents showing the competence of the new expert.
(10) The authorisation referred to in paragraph 2 shall not be required for a person established in another Member State of the European Union and within the territory of the Czech Republic to carry out the activities referred to in paragraph 2 on a temporary or isolated basis if he demonstrates that:
(a) is a national of a Member State of the European Union; and
(b) be entitled to carry out the activities referred to in paragraph 2 under the legislation of another Member State of the European Union.
(11) Evidence of compliance under paragraph 10 (a) and (b) shall be submitted to the Ministry of Health or to the Ministry of Health before the start of the activities listed in paragraph 2. Paragraph 9 shall apply mutatis mutandis to the activities of that person.
(12) By decree, the Ministry and the Ministry of Health determine the content of the application for authorisation to evaluate hazardous waste properties, the content of the proposal to extend the validity of this mandate and the content of the training for the assessment of hazardous waste properties.
§ 8
Withdrawal and termination of mandate to assess hazardous properties of waste
(1) The Ministry or the Ministry of Health shall, within its scope, withdraw the mandate to evaluate the hazardous properties of the waste to the person entrusted if it fails to comply with the procedures laid down for assessing the hazardous properties of the waste or does not meet the conditions under which the mandate was granted or issue a certificate for waste having one of the hazardous properties.
(2) The validity of the decision authorising the evaluation of hazardous properties of waste expires
(a) the death of a natural person;
(b) the disappearance of a legal person;
(c) a declaration of bankruptcy in respect of the property of the authorised person;
(d) the expiry of the period for which it was issued, unless an extension of the mandate has been requested within the meaning of Article 7 (4); or
(e) on the date of receipt of the notification by the authorised person of the cessation of his activity as authorised person to assess the hazardous properties of the waste to the Ministry which entrusted him.
§ 9
Certificate of the exclusion of hazardous waste properties
(1) The dangerous properties of the waste shall be assessed by the authorising officer upon request by the originator or authorised person. If the authorised person finds that the waste does not have any hazardous property, he shall issue the applicant with a certificate of the exclusion of hazardous waste properties (hereinafter referred to as the certificate). Otherwise, the authorised person shall inform the applicant in writing, stating in writing that the waste has one or more dangerous properties (hereinafter referred to as "communications'). A copy of this certificate or communication shall be sent without delay by the originator or authorised person to the Czech Environmental Inspection Office (" the inspection ') and to the Regional Authority responsible for the waste management site. The certificate shall not relieve the producer of waste and the authorised person of the obligation to dispose of waste in such a way as to avoid environmental damage and liability for damage caused by inappropriate waste management. Certificates and communications shall not be subject to the administrative rules.
(2) The certificate shall always define the type and origin of the waste covered by the certificate, the assessment of the hazardous properties of the waste and shall specify the conditions and duration of the certificate; that period shall not exceed 4 years. The certificate shall cease to be valid immediately when the originator or beneficiary has changed the technology or feedstock which affects the composition of the waste or its characteristics.
(3) The inspection or regional authority responsible for the place of waste management may suspend the certificate issued by the authorised person for a period of no more than 60 days if doubts arise as to compliance with the correct methods or procedures established for assessing the hazardous properties of waste or the manner and frequency of checks on hazardous properties or where doubts arise as to the outcome of the assessment of the hazardous properties of waste. The appeal against the decision to suspend the certificate shall not have suspensory effect.
(4) The inspection or regional authority responsible for the place of waste management may withdraw the certificate if the methods or procedure laid down for the assessment of hazardous waste properties or hazardous properties have not been correctly evaluated. The appeal against the decision to withdraw the certificate shall not have suspensory effect.
(5) The authorised person shall not issue a certificate for waste for which he / she is responsible as originator or authorised person and shall not assess the dangerous properties for which he / she has not been assigned to evaluate.
(6) The Ministry and the Ministry of Health provide by decree
(a) the content of the application for evaluation of hazardous waste properties;
(b) the content of the certificate,
(c) criteria, methods and procedures for assessing hazardous properties of waste.

ČÁST TŘETÍ

OBLIGATIONS TO BE FULFILLED WITH WASTE

HLAVA I

GENERAL OBLIGATIONS
§ 10
Prevention of waste generation
(1) Everyone has an obligation, in their activities or within the scope of their competence, to prevent the generation of waste, to limit its quantity and dangerous properties; waste which cannot be prevented shall be recovered or disposed of in a manner which does not endanger human health and the environment and which complies with this law and with specific legislation. 15)
(2) A legal person and a natural person authorised to do business who manufactures products is obliged to produce such products in such a way as to reduce the generation of waste from those products, in particular hazardous waste.
(3) A legal person and a natural person authorised to do business who manufactures, imports or places on the market products is required to include in the accompanying documentation of the product, on the packaging, in the instructions for use or in any other appropriate form information on how to use or remove unused parts of the products.
§ 11
Priority waste recovery
(1) Everyone, in his or her activities or within the scope of his or her competence, is under an obligation to ensure that the waste is recovered before it is disposed of. Material recovery of waste shall take precedence over other recovery of waste.
(2) Compliance with the obligation laid down in paragraph 1 shall not be required if, at a given time and place, there are no technical or economic conditions for the fulfilment of the obligation and if it is carried out in accordance with waste management plans in accordance with Part Seven of this Act.
(3) In assessing the suitability of waste disposal methods, a way that ensures greater protection of human health and is more environmentally friendly is always preferred. By landfill, only those waste for which no other means of disposal are available or would pose a higher risk to the environment or to human health and unless the landfill is contrary to this law or implementing legislation.
§ 12
General obligations
(1) Everyone is obliged to dispose of and dispose of waste only in the manner laid down by this Act and other legislation to protect the environment. The management of hazardous waste is also governed by specific legislation16) applicable to products, substances and preparations of the same hazardous properties, unless otherwise provided for in this Act or in implementing legislation.
(2) Unless otherwise specified, waste under this Act may only be disposed of in installations designated for waste management under this Act. Such waste management shall not endanger human health or harm or harm the environment and shall not exceed the pollution limits laid down by specific legislation. 17)
(3) Only a legal person or a natural person authorised to do business who is an operator of an installation for recovery or disposal or for the collection or redemption of a specified type of waste shall be entitled to take over the waste, or a person who is an operator of an installation pursuant to Paragraph 14 (2), or under the conditions set out in Section 17, also a municipality.
(4) Each person shall be required to determine whether the person who transfers the waste is entitled to take over under this law. In the event that that person does not prove to be entitled, the waste shall not be passed on to him.
(5) Dilution or mixing of waste in order to meet the criteria for their admission to landfill and mixing of hazardous waste with each other or with other waste shall be prohibited. In exceptional cases, mixing of hazardous waste with each other or with other waste shall be permitted only with the agreement of the regional authority responsible for the site of waste management. The Regional Authority shall grant such approval only if the mixing of hazardous waste does not endanger human or environmental health and if the purpose of mixing hazardous waste is to meet the requirements of the recovery or disposal technology and to improve the safety of the disposal.
(6) Where hazardous waste has already been mixed with each other or with other waste, classification shall be carried out where technically and economically feasible and necessary to ensure the protection of the environment and the health of the people. This obligation shall not apply to the blending of hazardous waste for which the approval of the Regional Authority pursuant to paragraph 5 is given.
(7) Fire protection units and other legal persons and natural persons authorised to do business, which are specific legislation (18) intended to deal with accidents and firefighting, shall not be subject to the obligations of waste producers and beneficiaries in this activity.
§ 13
Packaging and labelling of hazardous waste
(1) The packaging of hazardous waste is subject to appropriate specific legislation. 19)
(2) The originator and the authorised person handling hazardous waste are required to ensure that hazardous waste is labelled as follows:
(a) hazardous waste listed in Annex 2 to this Act under code H1, H2, H3, H6, H8, H9 and H14 with a graphic symbol according to a specific legislation, 19)
(b) hazardous wastes other than those referred to in (a), by the indication "hazardous waste."
(3) The originator and the authorised person handling hazardous waste are obliged to process the hazardous waste identification sheet and to equip it with the hazardous waste disposal site.
(4) The Ministry shall determine by decree the content of the hazardous waste identification note.
§ 14
Consent to operate facilities for the recovery, disposal, collection or recovery of waste
(1) A facility for the recovery, disposal, collection or recovery of waste may be operated only by a decision of the Regional Authority granting consent to the operation of that facility and its operating rules (hereinafter referred to as "approval to operate the installation"). In the proceedings prior to the adoption of this Decision, the Regional Authority must assess all the establishments involved in these activities. The consent to operate hazardous waste landfills shall be granted for a fixed period of up to four years. The period of validity of the consent shall be extended by the Regional Authority at the request of the operator of the landfill for a maximum of four years, provided that the conditions and obligations for the operation of the landfill provided for by this Act and the implementing legislation are fulfilled.
(2) Only waste which meets the requirements laid down for feedstock may be used in installations not intended for waste management under this Act and the specific legislation in accordance with which the installation operates and the legislation on the protection of human health and the environment shall not be infringed in the management of such waste. 20) The operation of such installations shall not require the consent of the establishment referred to in paragraph 1.
(3) If an additional installation operator requests new approval to operate the installation no later than 30 calendar days after the date of transfer or transfer of the use right to the installation, the existing consent to operate the installation shall also apply to another operator until the request of another operator has been definitively decided.
(4) A co-financing decision, issued under a specific legislation, 21) for buildings intended for the recovery, disposal, collection or redemption of waste may not be issued without the decision giving consent to operate the installation referred to in paragraph 1.
(5) The Ministry shall determine by decree:
(a) particulars of the application for approval to operate the installation;
(b) the content of the operational arrangements of the recovery, disposal, collection or recovery facilities;
(c) technical requirements for such equipment;
(d) the content of the treatment plan of the landfill.
§ 15
Waste manager
(1) Originator and beneficiary who have handled hazardous waste in the last 2 years in excess of 100 tonnes of hazardous waste per year and the operator of the landfill of hazardous waste or municipal waste are obliged to provide professional waste management through a competent person (hereinafter referred to as the waste manager).
(2) Where the conditions referred to in paragraph 1 are met by an individual establishment, the originator or the beneficiary shall also designate a waste manager for that separate establishment.
(3) The waste manager shall be responsible for ensuring that the producer or beneficiary who has designated him or her waste management. The waste manager shall represent the originator or beneficiary when dealing with public authorities in the field of waste management, in particular in the performance of their control activities.
(4) The function of waste manager may be performed for a maximum of five originators and beneficiaries or five separate establishments.
(5) The obligation to designate a waste manager shall not apply to carriers, even if they fulfil the conditions referred to in paragraph 1.
(6) Only a natural person with completed higher education and at least 3 years of experience in waste management in the last 10 years, or secondary education completed by graduation and at least 5 years of experience in waste management in the last 10 years, may be identified as a waste management economy.
(7) Where the originator or beneficiary complies with the conditions set out in paragraph 1, the provisions of the waste manager shall, in accordance with that law, be a prerequisite for the granting of the consent pursuant to Articles 14 and 16 (3).
(8) Where the activities of a waste manager are terminated with the originator or beneficiary and the conditions referred to in paragraph 1 continue to exist, the producer or beneficiary shall be obliged to set up a new waste manager and notify its provisions to the administrative authority which gave it its consent to operate the plant or to manage hazardous waste no later than 30 days after the end of the activity of the waste manager. At the same time, the originator or the beneficiary shall submit to that administrative authority documents showing compliance with the requirements referred to in paragraph 6.
(9) The provisions of paragraph 8 shall also apply where the conditions referred to in paragraph 1 are newly fulfilled with the originator or the authorised person.

HLAVA II

OBLIGATIONS FOR THE SINGLE WASHING PHASE

Díl 1

Producers of waste
§ 16
Obligations of waste producers
(1) The producer of the waste is obliged to:
(a) to classify waste by species and categories in accordance with Sections 5 and 6;
(b) to ensure the priority recovery of waste in accordance with Article 11;
(c) the waste which it itself cannot use or dispose of in accordance with this law and implementing legislation shall only be transferred to the person authorised to take over pursuant to Article 12 (3), either directly or through the legal person established, 22)
(d) verify and treat the hazardous properties of waste in accordance with Article 6 (4) according to their actual properties;
(e) collect waste sorted by species and categories;
(f) to secure waste from undesirable deterioration, theft or leakage;
(g) keep a continuous record of waste and its management, report waste and send further information to the competent administrative authority to the extent provided for in this Act and the implementing legislation, including the registration and reporting of PCBs and equipment containing PCBs and subject to registration as defined in Section 26. archiving such records for the period laid down by this Act or by implementing legislation,
(h) enable control authorities to access premises, premises and facilities and to provide documentation on request and to provide true and complete information related to waste management;
(i) to process and ensure compliance with the waste management plan in accordance with this Act and the implementing legislation;
(j) carry out control of the effects of waste management on human health and the environment in accordance with specific legislation and waste management plan;
(k) to establish a waste manager under the conditions laid down by this Law pursuant to Paragraph 15;
(l) pay the charges for the disposal of waste in the landfill in the manner and to the extent laid down in this Act.
(2) Where, in view of the subsequent recovery or disposal of waste, sorting or separate assembly is not necessary, the originator may, with the agreement of the local competent authority of the State with subsequent changes in competence, waive it.
(3) The producer may only dispose of hazardous waste on the basis of the agreement of the competent authority of the State, in substance and locally, with subsequent changes in its competence, provided that it no longer has the consent to operate the plant under Section 14. Transport of hazardous waste is not subject to consent.
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Regulation Information

CitationFull text of Act No. 106 / 2005 Coll., Act No. 185 / 2001 Coll., on Waste and on the Amendment of Certain Other Laws, as seen from subsequent amendments
Regulation TypeDeclared full text
Author-
CollectionCode of Laws
Date of Promulgation08.03.2005
Effective from-
Effective until-
Status Valid
Legal Areas: Customs law Taxes Finance Civil law Civil law substantive Self-administration Administrative law Constitutional (state) law Territorial Authority Fundamental human rights Environment
The regulation text is for informational purposes only.

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