Act No. 185 / 2001 Coll.

The Waste Act and the amendment of some other laws

Valid Law Effective from 01.01.2002
Text versions: 01.01.2020 01.03.2019 01.01.2018 01.07.2017 01.01.2017 All versions (50)
Contents
ČÁST PRVNÍ § 1 § 2 § 3 § 4 ČÁST DRUHÁ HLAVA I § 5 § 6 HLAVA II § 7 § 7a § 8 § 9 § 9a ČÁST TŘETÍ HLAVA I § 10 § 10a § 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 § 27a Díl 2 § 28 § 29 Díl 3 § 30 § 31 § 31a § 31b § 31c § 31d § 31e § 31f § 31g § 31h § 31i § 31j § 31k § 31l § 31m § 31n § 31o § 31p § 31r Díl 4 § 32 § 33 § 33a § 33b 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 § 37p § 37q § 37r § 37s Díl 9 § 37t Díl 10 § 37u § 37v § 37w Díl 11 § 37x ČÁST PÁTÁ HLAVA I § 38 HLAVA II § 38a § 38b § 38c § 38d § 38e § 38f § 38g § 38h ČÁST ŠESTÁ § 39 § 40 ČÁST SEDMÁ § 41 § 41a § 42 § 43 § 44 ČÁST OSMÁ HLAVA I § 45 § 46 § 47 § 48 HLAVA II § 48a HLAVA III § 49 § 50 § 51 § 52 ČÁST DEVÁTÁ § 53 § 54 § 55 § 56 § 56a § 57 § 58 § 59 § 60 ČÁST DESÁTÁ HLAVA I § 66 § 67 § 68 HLAVA II § 69 § 70 ČÁST JEDENÁCTÁ § 71 § 71a § 72 § 73 § 73a § 74 § 75 § 76 § 76a § 77 § 77a § 78 § 79 § 80 § 81 § 81a ČÁST DVANÁCTÁ § 82 § 83 ČÁST TŘINÁCTÁ § 84 „§ 10b ČÁST PATNÁCTÁ § 86 ČÁST ŠESTNÁCTÁ § 87 ČÁST SEDMNÁCTÁ § 88 ČÁST OSMNÁCTÁ § 89
185
THE LAW
of 15 May 2001
on waste and amending some other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BASIC PROVISIONS
§ 1
Subject matter
This law implements the relevant provisions of the European Union1) and provides for
(a) rules on the prevention and management of waste, while respecting the protection of the environment, the protection of human health and sustainable development (1a) and on reducing the adverse impacts of the use of natural resources and improving the effectiveness of such use;
(b) the rights and obligations of persons on waste management; and
(c) the competence of public authorities in waste management.
§ 2
Scope of the law
(1) The Act applies to the management of all waste, except:
(a) waste water (2) to the extent that other legislation61 applies;
(b) radioactive waste (5);
(c) dead bodies of animals which have died by means other than slaughter, including animals killed for the purpose of eradicating the disease of animals removed in accordance with specific legislation6);
(d) excrements, unless they are animal by-products as referred to in paragraph 2 (c), straw and other natural substances originating from agricultural production or forestry, which do not show any of the hazardous properties listed in the Annex directly applicable to the European Union's hazardous properties (62) and which are used in agriculture and forestry in accordance with specific legislation7) or for the production of energy by means of procedures or methods which do not harm the environment or endanger human health;
(e) uncaught emissions of air pollutants 51), carbon dioxide collected for storage in and stored in natural rock structures in accordance with other legislation52) or carbon dioxide captured for the purpose of research, development or testing of new products and processes and stored in a storage facility with a capacity of less than 100 kilotons;
(f) explosives and ammunition discarded (9);
(g) sediments moved within surface waters for the management of waters and waterways, flood prevention, mitigation of the effects of floods and droughts or soil reclamation, where it is demonstrated that they do not exhibit any of the hazardous properties listed in the Annex to the directly applicable European Union legislation on the hazardous properties of waste (62).
(2) Save as otherwise provided in specific legislation, this Law applies to the treatment of:
(a) with extractive waste 9b),
(b) medicines and addictions10),
(c) animal by-products (6).
(3) This Act shall not apply to the treatment of non-contaminated soil and other natural material extracted during construction operations, provided that it is ensured that the material will be used in its natural state for construction purposes in the place where it was extracted.
§ 3
The concept of waste
(1) Waste is every movable thing that a person disposes of, or has an intention or obligation to get rid of.
(2) The disposal of waste shall take place whenever a person transfers a movable item, recovery or disposal within the meaning of this Act, or transfers it to a person authorised to collect or purchase the waste under this Act, whether or not it is a free transfer. Waste is disposed of even if the movable item is removed by the person himself.
(3) If the owner does not prove otherwise in the dispute settlement proceedings referred to in paragraph 8, the intention to dispose of the movable item shall be presumed to have ceased to exist if its original purpose is to be determined.
(4) A person shall be obliged to dispose of a movable item if he is not using it for his original purpose and the matter is a threat to the environment or has been excluded by special legislation. 11)
(5) A movable item which is produced in a production whose primary objective is not the production or acquisition of that item does not become waste but is a by-product if:
(a) arise as an integral part of production;
(b) its further use is ensured;
(c) its further use is possible without further processing in a way other than normal production practice; and
(d) its continued use complies with specific legislation11a) and does not result in adverse effects on the environment or human health.
(6) Some types of waste cease to be waste if, after the waste has been subject to one of the recovery methods, it fulfils the following conditions:
(a) the case is normally used for specific purposes;
(b) there is a market or demand for the matter;
(c) the case meets the technical requirements for specific purposes laid down by specific legislation or standards applicable to products;
(d) the use of the item is in accordance with specific legislation11a) and does not result in adverse effects on the environment or human health; and
(e) the case meets other criteria where they are established for a particular type of waste directly applicable by the European Union53).
(7) For the specific uses of by-products referred to in paragraph 5 and waste products referred to in paragraph 6, the criteria for recovery, if any, shall be met.
(8) In doubts as to whether a movable item is considered to be waste, the Regional Office shall, at the request of the owner of the movable item or on its own initiative, decide.
(9) The Ministry of the Environment, in cooperation with the Ministry of Industry and Trade, may establish by decree a criterion specifying when a movable item may be considered as by-product and not waste and when waste ceases to be waste.
§ 4
Other basic terms
(1) For the purposes of this Act:
(a) hazardous waste - waste showing one or more of the hazardous properties listed in the Annex to the directly applicable European Union legislation on hazardous properties of waste (62);
(b) municipal waste - all waste arising from the activity of natural persons in the territory of the municipality and listed as municipal waste in the Waste Catalogue, except waste arising from legal persons or natural persons authorised to do business;
(c) waste similar to municipal waste - all waste generated within the territory of the municipality in the activity of legal persons or natural persons authorised to do business and listed as municipal waste in the Waste Catalogue;
(d) waste management - waste prevention, waste management and subsequent management of the place where the waste is permanently stored and control of such activities;
(e) waste management - waste trading, collection, collection, purchase, transport, transport, storage, treatment, recovery and disposal;
(f) equipment - technical equipment, location, construction or part of construction,
(g) waste collection - the short-term concentration of waste into the collection facilities at the site before further waste management;
(h) storage of waste - temporary concentration of waste in an establishment designated for that purpose for a maximum period of 3 years prior to recovery or 1 year before disposal;
(i) landfill - installations set up in accordance with specific legislation21) and operated in three direct stages of operation, including installations operated by the producer of waste for the purpose of disposing of own waste and installations intended for the storage of waste, except for the storage of waste referred to in (h);
(j) the first phase of the operation of the landfill - the operation of the installation referred to in (i) to dispose of waste by storing it on or below the ground level;
(k) the second phase of the operation of the landfill - the operation of the installation referred to in point (i) for any recovery of waste in the closure and reclamation of the landfill,
(l) the third phase of the operation of the landfill - the operation of an installation as referred to in (i) not intended for waste management in order to ensure subsequent management of the landfill after closure;
(m) waste collection - concentration of waste by a legal person or a natural person authorised to do business from other persons, including their pre-sorting and pre-storage for the purpose of transporting them to a waste treatment facility;
(n) sorted collection - collection where the waste flow is separated by type, category and nature of waste in order to facilitate specific treatment;
(o) 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,
(p) waste treatment - any activity which results in a change in the chemical, biological or physical properties of the 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;
(q) reuse - the procedures by which non-waste products or parts thereof are reused for the same purpose as they were originally intended,
(r) recovery of waste - an activity which results in waste serving a useful purpose by replacing materials used for a specific purpose, including in a non-recovery facility referred to in Article 14 (2), or by adapting it to that specific purpose; Annex 3 to this Act provides an example of the recovery methods,
(s) preparation for re-use - the recovery method involving the cleaning or repair of used products or parts thereof and the inspection carried out by a person authorised under a specific legislation to verify that the used product or part thereof which was waste is capable of being cleaned or repaired without further processing of reuse;
(t) material recovery of waste - means of recovery involving recycling and other means of recovery of waste as material for original or other purposes, except for the immediate acquisition of energy;
(u) recycling of waste - any means of recovery by which waste is re-treated to products, materials or substances for the original or other uses, including reprocessing of organic materials; recycling of waste is not an energy recovery and processing into products, materials or substances to be used as fuel or filling material;
(v) waste disposal - an activity which is not waste recovery, even if the activity has as a secondary consequence the recovery of substances or energy; Annex 4 to this Act gives an example of the disposal methods,
(w) waste treatment - recovery or disposal involving preparation before recovery or disposal;
(x) the producer of the waste - the legal person or natural person authorised to do business in which the waste is generated, or the legal person or natural person authorised to do business, who is engaged in the treatment of waste or other activity resulting in a change in the nature or composition of the waste, and the municipality from the moment when the non-business natural person places the waste on the site for that purpose; the municipality also becomes owner of the waste,
(y) authorised person - any person authorised to handle waste under this Act or under special legislation12),
(z) trader - legal person or natural person authorised to do business who purchases or sells waste and acts on their own responsibility, including persons who do not actually hold waste.
(2) For the purposes of this Act:
(a) placing the product on the market in the Czech Republic (hereinafter referred to as "placing on the market") - the first payment or free of charge of the product to another person in the Czech Republic by its manufacturer or person who acquired it from another Member State of the European Union. Imports of the product shall also be considered as placing on the market,
(b) by putting the product into circulation - any payment or free of charge of the product to another person in the Czech Republic after its placing on the market;
(c) the import of the product - the release of the product from a country outside the European Union into the territory of the Czech Republic for a customs procedure for free circulation, customs warehousing, inward processing or temporary importation;
(d) by the distributor - the one who carries out the following business in the supply chain after the product has been placed on the market;
(e) end-user - legal or natural person using a product which is subject to the obligation to withdraw, before its service life is completed, before its submission to the point of collection or separate collection;
(f) prevention of waste generation - measures taken before the substance, material or product has become waste which limit
1. the quantity of waste, including by re-use of the products or by extending the life of the products;
2. the adverse effects of generated waste on the environment and human health; or
3. the content of harmful substances in materials and products.

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 include waste in the dangerous category for waste management purposes where:
(a) has at least one of the hazardous properties listed in the Annex directly applicable to the European Union Regulation on the hazardous properties of waste 62);
(b) is listed in the Waste Catalogue as hazardous waste; or
(c) is mixed or contaminated by any of the wastes listed in the Waste Catalogue as hazardous.
(2) Where the producer of waste or the beneficiary considers that the waste referred to in paragraph 1 (b) or (c) or hazardous waste after treatment does not have any of the hazardous properties and intends to treat it as waste of the category others, they shall be required to request the authorised person or persons referred to in Article 7 (1) on the assessment of dangerous properties. In the event that the Czech Environmental Inspection Office ("the inspection ') has reasonable doubt that the producer of the waste or the beneficiary has correctly classified the waste, the producer of the waste or authorised person may, by decision, impose an obligation on the person responsible or persons referred to in Article 7 (1) on the assessment of the hazardous properties of the waste.
(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.
(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) or the hazardous waste after treatment does not have any of the hazardous 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 authorised person or persons in the certificate of the exclusion of hazardous waste properties.
(5) The car industry from which all hazardous parts have been dismantled and all operational fillers removed by means of the implementing legislation may be classified as other waste without any assessment of the hazardous properties of waste.
(6) The Ministry provides by implementing legislation for the dismantling of dangerous parts of car cars and for the removal of service charges from car cars.

HLAVA II

EVALUATION OF DANGEROUS HAZARDS
§ 7
Authorisation to evaluate hazardous properties of waste
(1) The hazardous properties of waste listed in the Annex to the directly applicable European Union legislation on hazardous properties of waste (62) under the designation code HP 1 to HP 3, HP 12, HP 14 and HP 15 shall be evaluated by the legal person or natural person authorised by the Ministry, other dangerous properties listed in the Annex to the directly applicable European Union act on hazardous properties of waste (62) by the legal person or natural person authorised by the Ministry of Health (hereinafter referred to as the "authorised person").
(2) The authorisation to evaluate hazardous properties of waste is granted for a fixed period of not more than 5 years. The delegation shall include the provision of login data by the delegate to an integrated environmental reporting system (54). The term of validity of the mandate for the assessment of hazardous properties of waste shall be extended by an additional 5 years where the applicant has completed the training referred to in paragraph 6 (c) and has submitted a certificate of completion to the Ministry and the Ministry of Health. The Ministry or the Ministry of Health shall issue an extension of the authorisation.
(3) 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.
(4) The delegation granted does not go to another legal person or natural person.
(5) The Ministry shall grant a mandate or extend the validity of the mandate to a legal person or to a natural person who has demonstrated professional competence or whose competence has been recognised under special legislation13a). The professional competence for the assessment of the hazardous properties of wastes listed in the Annex to the directly applicable European Union legislation on hazardous properties of waste 62) under the designation code HP 1 to HP 3, HP 12, HP 14 and HP 15 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.
(6) The Ministry of Health shall grant a mandate or extend the validity of the mandate to a legal person or to a natural person who has demonstrated professional competence or whose competence has been recognised under special legislation13a). Professional competence shall be demonstrated:
(a) for the assessment of the hazardous properties of waste listed in the Annex, the directly applicable European Union legislation on hazardous properties of waste (62) under the designation of code HP 4 to HP 11 and HP 13 by submitting 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 training course in which toxicology is completed under specific legislation; (14) for the assessment of the hazardous properties of waste listed in the Annex to the directly applicable European Union legislation on hazardous properties of waste (62), under the designation code HP 9, by the presentation of evidence 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.
(7) Where a legal person or a natural person authorised to do business is involved, the requirements referred to in paragraphs 5 and 6 shall be met by the person responsible for the proper assessment of the hazardous properties of the waste (hereinafter referred to as "the expert ').
(8) 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.
(9) The authorisation referred to in paragraph 2 shall not be required for a person established in another Member State of the European Union and in the territory of the Czech Republic to carry out the activities referred to in paragraph 1 on a temporary or isolated basis if he proves that he is a national of a Member State of the European Union and is entitled to carry out the activities referred to in paragraph 1 under the legislation of another Member State of the European Union. Evidence of compliance with these conditions shall be submitted to the Ministry of Health or to the Ministry of Health before commencing the activities referred to in paragraph 1. The Ministry or the Ministry of Health shall, upon presentation of the documents, provide this person with login data in an integrated system of environmental reporting obligations. 54). Paragraph 9 shall apply mutatis mutandis to the activities of that person.
(10) 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.
§ 7a
The authorisation to assess hazardous properties of waste is also due to the futile expiry of the deadline and in accordance with § 28 to 30 of the Act on the Free Movement of Services.
§ 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) A person who has been withdrawn from the mandate to evaluate the hazardous properties of waste may apply for a new mandate not earlier than 5 years after the date of withdrawal.
(3) The validity of the decision authorising the assessment 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 (3); 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 hazardous properties of waste are assessed by one or more authorised persons at the request of the originator or authorised person. The application shall be submitted through an integrated environmental reporting system (54). If the authorised person or persons find that the waste has no dangerous property, they shall issue the applicant a certificate of the exclusion of hazardous waste properties (hereinafter referred to as the certificate). Otherwise, the authorised person or persons shall inform the applicant, stating with justification that the waste has one or more dangerous properties (hereinafter referred to as "communications'). Certificates and communications shall be issued through an integrated system of environmental reporting obligations (54) and in paper form. Where the hazardous properties of waste are assessed by more than one authorised person, they shall issue certificates or communications together. The certificate shall show which person is responsible for evaluating the particular dangerous property. 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 and the communication;
(c) criteria, methods and procedures for assessing hazardous properties of waste;
(d) the criteria for hazardous waste properties.
(7) The inspection, regional authority or municipal authority of the municipality with extended competence relevant to the site of waste management have access to the records of the assessments carried out on hazardous waste properties conducted in an integrated environmental reporting system (54) and include data on the suspension or withdrawal of certificates.
§ 9a
Waste hierarchy
(1) The following waste hierarchy must be observed within the waste management system:
(a) prevention of waste,
(b) preparation for reuse;
(c) recycling of waste;
(d) other recovery of waste, such as energy recovery;
(e) disposal of waste.
(2) A derogation from the waste hierarchy may be made in the case of waste for which, according to the assessment of the overall environmental impact of the generation and management of waste, it is appropriate to take into account the best overall environmental performance.
(3) The implementation of the hierarchy shall take into account:
(a) the entire life cycle of products and materials, in particular with a view to reducing the environmental and human health impact of waste management;
(b) technical feasibility and economic sustainability;
(c) the protection of raw material resources, the environment, human health and economic and social impacts.

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 places products on the market 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.
§ 10a
(1) For the purposes of this Part of the Act:
(a) community composting - a system for collecting and collecting plant residues from green maintenance and gardens on the territory of the municipality, their treatment and subsequent processing into green compost,
(b) green compost - substrate resulting from the composting of plant residues,
c) public greenery - parks, forest parks, sports grounds, children's playground and publicly accessible grassy areas in the village indolent.
(2) The municipality may, in its own competence, as a waste prevention measure, provide for a generally binding decree of the municipality for a Community composting system and a method of using green compost to maintain and restore public green within the municipality.
(3) The adaptation and composting of green residues must be carried out in such a way as to avoid disrupting environmental compartments beyond the limits laid down by specific legislation. The composting process shall be controlled in such a way as to ensure aerobic microbial degradation of organic matter without odour and methane emissions.
(4) The use of green compost other than that referred to in paragraph 2 may only be made subject to the conditions laid down in specific legislation15a).
§ 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 carry on a business which is an operator of an installation for recovery or disposal or for the collection or purchase 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 § 14 (2) or an operator of an installation pursuant to § 33b (1) (b), or under the conditions laid down in § 17, also a municipality. This does not apply to the transmission of the necessary quantities of waste samples for analysis, testing, analysis for the purpose of establishing the actual characteristics and compliance with the requirements for the taking-over of waste to an installation, for the purposes of science and research or for other purposes which are not waste management pursuant to Article 4 (1) (e).
(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 to meet the criteria for their admission to landfill shall be prohibited.
(6) Mixing hazardous waste with each other or with other wastes, substances or materials shall be prohibited. It shall be admissible only in exceptional cases, with the agreement of the regional authority responsible for the waste management site. The Regional Authority shall grant such approval only if the blending of hazardous waste does not endanger human or environmental health, is in accordance with the best available technical17a) and is carried out by a recovery or disposal facility operated by consent pursuant to § 14 (1) or by an installation pursuant to § 14 (2). Where hazardous waste has already been mixed with each other or with other waste, substances or materials, 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 mixing of hazardous waste for which approval of the Regional Authority 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 legislation19).
Zobrazit všechna ustanovení (2116)

Sign in for notes, favorites and notifications

Register Free Sign In
Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationAct No. 185 / 2001 Coll., on waste and on the amendment of certain other laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation14.06.2001
Effective from01.01.2002
Effective until-
Status Valid
Legal Areas: Security Customs law Taxes Transport 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.

Partner Websites

Založení s.r.o. Virtual offices and company formation
MojeDatovka.cz Data box database and search
ČeskéFirmy.online Czech company directory and reviews
Favorites
Browsing History
This website uses cookies to ensure proper functionality, analyze traffic and display advertising. More information
Cookie Settings

Choose which cookie categories you want to allow.