What is Act No. 125 / 1997 Coll.?

Act No. 125 / 1997 Coll., on Waste — Waste Act.

When it became Act No. 125 / 1997 Coll. effectiveness?

Act No. 125 / 1997 Coll. became effective 01.01.1998.

Is Act No. 125 / 1997 Coll. still valid?

Yes, Act No. 125 / 1997 Coll. is still valid and effective.

Act No. 125 / 1997 Coll. - Waste Act

125

THE LAW

of 13 May 1997

on waste

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BASIC PROVISIONS

§ 1

Subject matter and scope of the law

(1) The Act lays down the obligations of legal and natural persons in the management of waste and the conditions for the prevention of waste generation. It also provides for the competence and competence of ministries and other administrative offices and municipalities in the exercise of State administration in the field of waste management.

(2) The Act does not apply to loading

(a) waste and special waters, 1)

(b) with batches, dispensers and desalination sites arising from mining activities, 2)

(c) precious metal waste, 3)

(d) radioactive waste, 4)

(e) with dead human bodies, organs and remains, 5)

(f) with dead bodies of animals, 6)

(g) chemical substances and chemical preparations. 6a)

(3) Save as otherwise provided in the Special Act, this Act shall also apply to the disposal of waste which was not generated in mining activities into underground areas 2) and to the effluent.

§ 2

Basic concepts

(1) Waste is a movable item that has become unnecessary to the owner and is disposed of by the owner with the intention of delaying it or which has been eliminated on the basis of specific legislation. 7) The heading of the items which are considered waste under the conditions laid down below is set out in Annex 1 to the Act.

(2) Dangerous waste is waste having one or more of the dangerous properties listed in Annex 2 to the Act.

(3) Community waste is all waste arising from the activities of natural persons in the territory of the municipality for which specific rules or restrictions are not laid down by law, except waste arising from legal persons or natural persons authorised to do business. The municipal waste is also waste resulting from cleaning of public roads and spaces, maintenance of public green including cemeteries.

(4) Waste management is their collection, collection, purchase, sorting, transport and transport, storage, treatment, use and disposal.

(5) The recovery of waste is an activity leading to the recovery of secondary raw materials, recycling of waste or other recovery of physical, chemical or biological properties of waste.

(6) The treatment of waste is a change in their physical, chemical or biological properties in order to permit their transport, transport, recovery or disposal or to reduce their volume or, where appropriate, reduce or eliminate their hazardous properties.

(7) The disposal of waste shall be such as to lead to permanent prevention of harmful effects on environmental compartments. These are in particular thermal and chemical treatment, physical and biological stabilisation as well as landfill and underground storage. 8)

(8) Import and export of waste is any transfer of waste across national borders, except transit.

(9) Transit of waste is a shipment of waste from the customs office of entry to the customs office of exit in the Czech Republic.

(10) Waste landfill is a facility or site which is intended for permanent disposal of waste for disposal.

(11) The storage of waste is temporary storage in places designated for this for a period of time strictly necessary.

(12) The producer of the waste shall be a legal person where waste is generated in its business or a 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 retains the waste on the site designated for that purpose; The municipality will also be the owner of this waste.

(13) The authorised person shall be any legal person or natural person authorised to do business who is authorised to dispose of waste under this Act or under special rules; 9) the producer of waste shall always be the authorised person in respect of the transport of waste.

(14) The packaging is a set of means used to secure packaging, that is to protect products, protect the circulation of goods and facilitate its sale and consumption.

ČÁST DRUHÁ

OBLIGATIONS TO BE FULFILLED WITH WASTE

§ 3

General obligations

(1) Everyone is obliged to prevent the generation of waste, limit its quantity and dangerous properties.

(2) Waste may only be disposed of in the manner laid down by this Act and by the provisions laid down for its implementation. The management of hazardous waste shall also be governed by the legislation applicable to products and substances of the same hazardous properties, (10) unless otherwise provided for in this Act or its implementing provisions.

(3) Certain hazardous waste which, by its nature or by the accumulation of its hazardous properties, pose an extremely serious risk to the environment is subject to a strict regime. Their list shall be established by the Ministry of the Environment (hereinafter referred to as "the Ministry ') by a decree.

(4) Wastes under this Act may only be modified, used or disposed of in equipment, sites and objects designated for that purpose, within the meaning of this Act or under conditions laid down by specific regulations. 11) This activity shall not endanger or damage the environment and shall not exceed the pollution limits laid down by specific provisions. 12) The conditions for the recovery of waste as fertilizer are laid down by the Ministry of Health in an agreement with the Ministry of Agriculture by decree.

(5) The producer of the waste may only dispose of the waste in a manner consistent with this law and other legislation. For anyone who takes over the waste from the producer, the obligations of the producer are passed on (§ 5).

(6) If the producer of the waste is known but is not staying on the territory of the Czech Republic, the competent district authority shall ensure that the waste is disposed of. The costs associated with this shall be borne by the originator.

(7) If the competent district authority fails to identify under this law a legal person or a natural person who has placed the waste on a property not intended for the disposal of waste, the obligation to ensure the disposal of the waste to the owner of the property on which it is located shall pass on to the owner of the waste at his own expense. If the owner of the property proves in this proceeding that the location of the waste was neither caused by it nor caused by it and that he has taken all measures necessary to protect his property that may be required of him, he shall be reimbursed by the competent district authority for the cost of disposal.

(8) The list of hazardous waste which is prohibited from being dumped is laid down by the Ministry by decree.

(9) Dilution or mixing of waste to reduce the concentration of hazardous substances for subsequent disposal shall be prohibited.

§ 4

Waste Catalogue

(1) The originator or beneficiary is required to classify waste according to the species and categories set out in the Waste Catalogue. The waste catalogue will be issued by the Ministry by decree. In cases where the waste cannot be clearly classified according to the Waste Catalogue or in case of doubt, the waste shall be classified by the Ministry on a proposal from the District Office. The administrative rules shall not apply to such proceedings. 13) Classification under the Waste Catalogue does not relieve the producer or authorised person of the obligation to dispose of waste in such a way as to avoid environmental damage and does not relieve him of responsibility for damage caused by inappropriate waste management.

(2) Waste identified as hazardous in the Waste Catalogue shall be treated as hazardous by the originator or beneficiary. Where waste has one or more hazardous properties, the originator or the authorised person shall keep the waste as hazardous and treat it as dangerous even if it is not marked in the Waste Catalogue.

(3) If the originator or beneficiary proves in a specified manner that the waste does not have the hazardous properties listed in Annex 2 to the Act, he shall not be obliged to comply with the regime laid down for hazardous waste; However, it is required to check permanently that waste does not have such hazardous properties. If the waste is found to have any of the hazardous properties, it shall treat the waste as hazardous.

(4) The hazardous properties of the waste are assessed and the certificate of performance of the waste is issued by a legal person or natural person appointed jointly by the Ministry of Health and the Ministry of Health (hereinafter referred to as the "authorised person").

(5) The conditions of entrustment referred to in paragraph 4, the limits and the manner in which hazardous properties of waste are assessed and the details of the issue, removal and formalities of the certificate shall be laid down by the Ministry of Health in an agreement with the Ministry of Health by a decree.

§ 5

Obligations of waste producers

(1) The producer of waste (hereinafter referred to as "the originator") is obliged to:

(a) to classify waste according to the species and categories set out in the Waste Catalogue;

(b) the waste which it is not able to make use of is permanently offered to another legal or natural person, either directly or through the established legal person, 14)

(c) if the waste referred to in (b) cannot be recovered, ensure disposal;

(d) to check the hazardous properties of waste pursuant to Article 4 (3) and treat them according to their actual properties;

(e) to transfer hazardous waste for recovery or disposal only to the person authorised to operate a facility for the treatment, recovery or disposal of waste pursuant to Article 7 (4) (a) or a facility for the collection and recovery of hazardous waste pursuant to Article 6 (1) (f).

(f) collect waste sorted by species and categories;

(g) to secure waste from undesirable degradation, theft or environmental hazards;

(h) keep a register of waste to the extent provided for by this Act and by the Ministerial Decree;

(i) 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;

(j) pay the fees in the manner and to the extent laid down by this law;

(k) to process the waste management plan (hereinafter referred to as "POH"). The formalities shall be laid down by the Ministry by decree. The processed POH shall be sent by the originator without undue delay to the competent district office.

(2) If, 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 county authority concerned, waive it.

(3) The originator shall be responsible for the management of the waste until it is recovered or disposed of, provided that it is provided by himself as authorised person, or until it is transferred for recovery or disposal to the authorised person.

(4) The authorised person who takes over the waste from the producer shall also assume all obligations of the producer provided for by this law.

(5) The management of hazardous waste may be carried out only with the agreement of the county authority concerned. This consent is not required when transporting and transporting hazardous waste.

(6) The obligations referred to in paragraphs 1 to 5 shall also apply to municipalities as producers of municipal waste, unless otherwise provided for in this Law.

§ 6

Obligations to collect and purchase waste

(1) The authorised collector of waste shall:

(a) separately classify waste according to the species and categories set out in the Waste Catalogue;

(b) publish the types of waste collected or purchased and the conditions for its collection and recovery;

(c) to collect or purchase published types of waste collected or purchased under specified conditions;

(d) collect waste sorted by species and categories;

(e) to protect waste from alienation or environmental hazards;

(f) the disposal of hazardous waste or the operation of facilities for the collection and purchase of hazardous waste may be carried out only with the agreement of the county authority concerned;

(g) keep a register of waste to the extent provided for by this Act and by the Ministerial Decree;

(h) to allow control authorities to access premises, premises and facilities and to provide documentation on request, to provide true and complete information related to waste management.

(2) Where, in view of the subsequent recovery or disposal of waste, sorting or separate assembly is not necessary, the authorised person may, with the agreement of the competent district office, waive it.

(3) The authorised collector for the collection and recovery of waste provided for in the Ministerial Order shall keep a record of the persons from whom the waste has been removed or redeemed when the waste is collected and purchased; in order to fulfil that obligation, he shall be entitled to require their identity cards to be consulted. It shall not collect or recover such waste without verification of its identity.

(4) The Ministry shall, by decree, establish a list of waste for which the beneficiary is required to keep records of the persons from whom the waste has been withdrawn or redeemed when they are collected and redeemed.

§ 7

Obligations in the treatment, recovery and disposal of waste

(1) The operation of waste disposal facilities and installations for the treatment and recovery of hazardous waste may be carried out only with the agreement of the competent district authority, which at the same time includes consent to the operating rules of that facility.

(2) The technical requirements for these installations, the details of their operational rules and the details of the management of hazardous waste are laid down by the Ministry by decree.

(3) Administrative offices issuing pursuant to specific legislation15) Decisions on the use of structures or equipment shall not issue such decisions unless the consent referred to in paragraph 1 has been submitted by the applicant.

(4) The authorised person shall:

(a) dispose of waste and modify and use hazardous waste in accordance with the agreed operating rules;

(b) to secure the waste from alienation or environmental leakage;

(c) publish a list of types of waste for which it is authorised to dispose of or modify;

(d) keep a register of waste to the extent provided for by this Act and by the Ministerial Decree;

(e) to dispose of waste in exceptional cases on the basis of a decision of the competent district office, where necessary from the point of view of environmental protection and where technically possible for operators; the costs incurred by this Decision shall be borne by the originator and, if not known, by the district office which issued the decision;

(f) to allow control authorities access to premises, premises and facilities; submit documentation on request and provide true and complete information related to waste management,

(g) ensure that the landfill is sanitized, reclamation and subsequent care after the closure of the landfill and avoid negative environmental effects;

(h) when operating a landfill, establish and maintain a financial reserve for rendering and securing the landfill after closure;

(i) rendering, reclamation and subsequent care to provide financial reserves from own funds and funds (§ 32).

(5) Wastes may be energetically used or disposed of by incineration or other thermo-chemical methods in equipment intended and meeting the requirements laid down by specific regulations. 12) In installations which were not originally intended for the incineration of waste, waste may be incinerated only if the requirements laid down in the specific regulation12) are met and subject to the approval of the administrative authorities. 11)

(6) The technical implementation of the landfill shall ensure environmental protection during and after the operation of the landfill and the conditions for reclamation of the landfill and subsequent recovery of the landfill in accordance with the approved planning documentation.

(7) Waste may only be stored on landfills which meet the requirements set out in paragraphs 2 and 6 by their technical implementation. The critical aspect for the disposal of waste into landfills is the content of harmful substances in the water levers. The Ministry shall determine the method of evaluation of waste according to its leaching capacity by decree. The landfill operator shall, in the working order of the landfill, determine the list of waste that can be stored at the landfill and ensure that no waste other than that specified in the operating order is stored at the landfill.

§ 8

Obligations for shipments and shipments of waste

(1) The authorised person responsible for the transport and transport shall:

(a) to ensure the transport and transport of waste in accordance with the requirements laid down in specific regulations, 16)

(b) enable control authorities to control the management of hazardous waste during its transport and transport; submit documentation on request by the inspection authorities and provide true and complete information relating to shipments and shipments of waste.

(2) Participants in the transport and transport of hazardous waste are required to keep records to the extent provided for by this Act and by the Ministry's Decree and to use the transport routes provided for on a proposal from the Regional Competent Authority of the Ministry of Transport and Communications in cooperation with the Territorial Competent Authority of the Region in its delegated capacity.

§ 9

Treatment of municipal waste in the municipality

(1) On the territory of the municipality, the municipality or the beneficiary (§ 2 (13)) is handling municipal waste (§ 2 (3)), which has received the municipality's written consent to handle municipal waste. Written consent is granted by the municipality under separate jurisdiction. The municipality may specify the specific conditions under which consent may be granted. The administrative rules shall apply to the procedure for the issue of consent.

(2) The municipality may, within its own competence, provide for a local collection, collection, sorting, recovery and disposal system, including the management of construction waste, by a generally binding decree. By decree, the municipality may determine the amount of the levy on the collection, sorting, recovery and disposal of waste, including the way in which it is collected.

(3) The municipality is obliged to identify places where natural persons can put municipal waste that they produce and to provide places where natural persons can put hazardous components of municipal waste (e.g. batteries, paint residues and consumer chemistry, fluorescent lamps, solvents). The obligation to provide sites for the disposal of hazardous components of municipal waste shall be fulfilled by the municipality if it ensures that such waste is regularly collected by an authorised person.

(4) Natural persons shall be obliged to put waste away in places designated for this purpose and from the date on which the generally binding decree referred to in paragraph 2 provides for the collection, sorting and transfer of municipal waste separately for recovery or disposal under the system established by the municipalities.

(5) Originators or beneficiaries who produce waste classified under the Waste Catalogue as municipal waste may, by written agreement with the municipality, use the municipal waste management system established by the municipality.

§ 10

Municipal waste charge

(1) The municipality may provide for a general binding decree (Paragraph 9 (2)) and collect a charge for municipal waste ("the levy") arising from its territory.

(2) The payer shall be any natural person whose activity produces municipal waste. The fee is paid by the owner or manager of the building or property where municipal waste is generated. The payer shall charge the fee to the individual taxpayers. The rules governing the price of services associated with the rent of an apartment shall apply mutatis mutandis to the breakdown. 17a) Owners of flats defined as units under a special law, 17) who do not have a designated administrator are both taxpayers and payers.

(3) Charge25) is carried out by the municipality which introduced it in its territorial district.

(4) If the fee is not paid in time or at the correct amount, the municipality shall charge the fee by means of payment.

(5) The maximum amount of the fee shall be determined on the basis of the estimated eligible costs of the municipality resulting from the municipal waste management scheme and allocated to the individual taxpayers by reference to the number and volume of containers intended for disposal of individual real estate waste or by reference to the number of users of flats and to the level of sorting of such waste. The fee may also reflect the costs of renting containers for disposal. The fee is the income of the municipality.

(6) Originators or beneficiaries who produce waste under the Waste Catalogue classified as communal and who have participated in a system established by the municipality by written agreement shall pay the price agreed in this written agreement.

ČÁST TŘETÍ

IMPORTS, EXPORTS AND TRANSIT TRANSPORT

§ 11

General conditions

(1) Imports of waste for disposal in the Czech Republic are prohibited.

(2) Exports of waste as defined by an international treaty, which is bound by the Czech Republic, (18) are only possible under the conditions laid down in this Treaty. Exports of hazardous waste for recycling to non-OECD countries are prohibited.

(3) The import, export and transit of waste provided for in the Ministerial Order is only possible with the agreement of the Ministry (Red List); This decree also provides for waste which is freely marketable (green list).

(4) Imports and transit of waste listed in the yellow list are possible upon fulfilment of the notification obligation and provided that the Ministry does not refuse or impose conditions within 30 days of receipt of the written notification of the import or transit of waste. This notification obligation shall also apply to wastes not included in the red, yellow or green list.

(5) The Ministry shall determine by decree:

(a) a list of waste the importation, export and transit of which is only possible with the agreement of the Ministry (red list);

(b) a list of wastes which can only be imported after the notification requirement has been fulfilled (yellow list);

(c) a list of wastes which are freely marketable (green list); and

(d) particulars of the application for import, export and transit of waste.

Imports of waste

§ 12

(1) The consent referred to in Article 11 (3) shall be given at the written request of the applicant, containing the required particulars. The Ministry may request the completion of the documentation.

(2) The consent must contain the conditions under which the waste may be imported. The consent given may be withdrawn when the law or the conditions laid down are infringed. An appeal against a decision to withdraw consent shall not have suspensory effect.

(3) The consent must always contain the following conditions:

(a) the quantity, type and category of waste according to the Waste Catalogue (Section 4);

(b) how waste is recovered in the Czech Republic;

(c) the type and quantity of waste resulting from the treatment of imported waste;

(d) the route of transport and transport of waste to the place of recovery;

(e) the waste code according to the lists referred to in Section 11;

(f) the period of validity of the consent.

§ 13

(1) The intention to import waste pursuant to Article 11 (4) must be notified in writing by the applicant to the Ministry before the importation begins. The Ministry shall confirm receipt of the notification within three working days of receipt. If the Ministry does not notify the refusal within 30 days of the date of receipt of the notification, imports may be made.

(2) The Ministry may, within the 30-day period referred to in paragraph 1, inform the applicant of the conditions under which imports may be made.

(3) Imports may be made within one year of the date of receipt of the notification.

§ 14

The consignee of the imported waste shall, within three working days following receipt of the waste, confirm on the receipt record and notify the Ministry of recovery of the waste imported within 180 days at the latest.

§ 15

Exports of waste

(1) Exports of waste, with the exception of wastes which are freely negotiable under this Act as referred to in the Ministerial Order, are only possible subject to the agreement of the Ministry.

(2) The consent referred to in paragraph 1 shall be given on written request containing the required particulars. The Ministry may ask for additional documentation. The Ministry shall confirm its income within three working days of receipt of the request. It shall decide on the application within 30 days of the date of receipt of the application. The consent may include the conditions under which the export may take place. The consent given may be withdrawn when the law or the conditions laid down are infringed. An appeal against a decision to withdraw consent shall not have suspensory effect.

§ 16

Transit of waste

During transit, the waste transported shall not be treated otherwise than by means of transport; any other handling shall be notified without delay to the nearest district office.

§ 17

A party to the proceedings pursuant to paragraphs 12 and 13 shall be an importer and a waste processor, unless it is an importer pursuant to Article 15 of the exporter.

ČÁST ČTVRTÁ

ARTICLES, ARTICLES AND OBAL MATERIALS

§ 18

(1) Manufacturers and importers of goods must not place on the market products whose unused parts and packaging or waste thereof cannot be used or disposed of in a way that affects the environment does not exceed that laid down in specific provisions. 19)

(2) Manufacturers and importers of packaging must ensure that in the packaging used the sum of the contents of lead, cadmium, mercury and hexavalent chromium does not exceed the value laid down in the Ministerial Decree.

(3) Manufacturers and importers of goods are required to indicate in the accompanying documentation of the product, the packaging, the instructions for use or any other appropriate form of information on how packaging and unused parts of products are used or disposed of.

(4) With effect from 1 January 2008 it is prohibited to manufacture and import packaging made of polyvinyl chloride (PVC) and products in such packaging.

§ 19

(1) Manufacturers and importers of packaging and packaging materials are required to ensure that, by 31 December 2000 at the latest, packaging waste is recovered and recycled to the extent provided for by the Ministerial Decree.

(2) Products and packaging must be labelled for the purposes of further treatment in the manner laid down by the Ministerial Decree.

(3) The Government lays down, by regulation, a list of products and packaging which are subject to the obligation to withdraw and details of the handling of packaging, packaging materials and waste from used products and packaging.

(4) Those who place on the market the product or packaging provided for by the Government Regulation pursuant to paragraph 3 are obliged to withdraw the product or packaging after its use.

(5) The Ministry provides by decree for the permissible content of lead, cadmium, mercury and hexavalent chromium in the packaging used, the scope of the use and recycling of packaging and the labelling of products and packaging.

ČÁST PÁTÁ

EVIDENCE AND DISCLOSURE

§ 20

(1) Originators and beneficiaries of waste shall keep a continuous record of waste by type, quantity and manner of disposal. The records shall be kept for each separate establishment. The procedure for keeping records and reporting of waste shall be determined by the Ministry by decree.

(2) Where they produce hazardous waste pursuant to Article 3 (3) or produce more than 50 kg of hazardous waste per calendar year or more than 50 tonnes of other waste per calendar year, they shall each year, by 15 February of the following year, send a report on the species, quantities of waste and how they are handled to the competent district office. The same obligation shall apply to beneficiaries of the collection, purchase, treatment and disposal of waste.

(3) The County Office shall process and dispose of waste records on the basis of a report to the extent provided for by the Ministerial Decree. The waste and hazardous waste records referred to in Article 3 (3) shall be kept separately. Such waste records shall be sent annually to the Region Authority in its delegated capacity by 31 May. The authority of the county, in its delegated jurisdiction, shall process and dispose of such waste records to the extent provided for by the Ministry's decree and shall send them to the Ministry by 30 June of the current year.

(4) The evidence of waste arising from the operation of the Ministry of Defence is provided by the Ministry in cooperation with the Ministry.

(5) Everyone shall have the right to consult the regional authorities and the authorities of the counties in the records of the production of waste processed by the county authorities and the authorities of the counties in the delegation pursuant to paragraph 3.

§ 21

Registration of shipments of hazardous waste

(1) In the case of shipments of hazardous waste, domestic transporters are required to send a register to the competent district office within the scope of the Ministerial Decree. The records of hazardous waste carried shall not be kept for in-house transport provided by its own means of transport, unless it exceeds the premises of the establishment.

(2) In the case of shipments of hazardous waste pursuant to § 3 (3), all operators of the shipment shall keep records of the shipment in the manner laid down by the Ministerial Decree.

(3) The consignor of the waste is obliged to:

(a) attach a completed record sheet to the consignment of hazardous waste;

(b) send a record sheet to the district office responsible for the place of departure of the shipment within 10 days of its opening;

(c) inform the district authority responsible for the start of the shipment and the Czech Environmental Inspection 20) (hereinafter referred to as "inspection") in the event that within 20 days of dispatch of the waste it does not receive from the consignee a certified record sheet of the receipt of hazardous waste;

(d) in the case of shipments of hazardous waste referred to in Article 3 (3), inform the district office at the latest on the date of commencement of the shipment.

(4) The consignee of the waste shall be required to send a record sheet of the shipment of hazardous waste with a certificate of receipt of the waste to the consignor and to the district office responsible for the place of start of the shipment within 10 days of receipt.

Citation	Act No. 125 / 1997 Coll., on Waste
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	10.06.1997
Effective from	01.01.1998
Effective until	-
Status	Valid

Act No. 125 / 1997 Coll.

Waste Act

Contents