Act No. 300 / 1995 Coll.
Act amending and supplementing Act No. 238 / 1991 Coll., on Waste, and Act No. 311 / 1991 Coll., on State Administration in Waste Management, as amended by Act No. 466 / 1992 Coll.
Valid
Law
Effective from 27.12.1995
Text versions:
27.12.1995
300
THE LAW
of 6 December 1995
amending and supplementing Act No. 238 / 1991 Coll., on Waste, and Act No. 311 / 1991 Coll., on State Administration in Waste Management, as amended by Act No. 466 / 1992 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 238 / 1991 Coll., on Waste, is amended as follows:
Article 1 (2) (3) reads as follows:
"(3) Hazardous waste is a special waste which has one of the characteristics listed in the Annex to this Act and is thereby hazardous to public health or the environment. ';
2. In Paragraph 2, the following paragraph 4 is inserted after paragraph 3, including footnote 1a:
"(4) Waste classified under the Specific Regulation (1a) as waste and hazardous is considered hazardous. This does not apply if the originator proves in a specified manner that such waste does not have the hazardous properties listed in the Annex to this Act.
(1a) Measures of the Federal Committee on the Environment declaring the categorisation and catalogue of waste (amount 69 / 1991 Coll.). '
Paragraphs 4 to 9 shall be renumbered paragraphs 5 to 10.
3. the following paragraphs 8 and 9 are added:
"(8) The consent to import (paragraphs 4 and 5), export (paragraph 6) and transit (paragraph 7) of the waste contains the conditions and the period for which it is granted. The consent may be withdrawn if the legal person or the natural person authorised to do business infringes the obligations laid down by this law or fails to comply with the conditions laid down in the consent. An appeal against a decision to withdraw consent shall not have suspensory effect.
(9) A party to an agreement procedure or withdrawal pursuant to paragraph 8 shall be a legal person or a natural person authorised to do business who requests or withdraws consent. ';
4. the following paragraphs 7 to 9 are added:
"(7) The hazardous properties of waste listed in the Annex to this Act shall be verified by a legal person or a natural person authorised to do business authorised or accredited under the Specific Regulations 12a) to verify the hazardous properties listed in the Annex to this Act and listed by the Ministry of Environment and the Ministry of Health (hereinafter referred to as the" authorised person ').
(8) The limits for the determination of subsequent hazards and the assessment of hazardous properties of waste are set jointly by the Ministry of the Environment and the Ministry of Health by decree.
(9) The Ministry of the Environment and the Ministry of Health will list the authorised person at its request. The Ministry of the Environment keeps a full list of entrusted persons and always publishes it in the Ministry of the Environment Bulletin and in the Ministry of Health Bulletin on 30 June and 31 December of the calendar year.
12a) § 2 (1) and § 6 (1) and (2) of Act No. 30 / 1968 Coll., on State Testing, as amended. Section 6 of the ČNR Act No. 20 / 1993 Coll., on the performance of state administration in the field of technical standardisation and state testing. '
5. the following points (i), (j) and (k) of Article 5 (1) are added:
"(i) treat waste classified under the special regulation (1a) at the same time as waste specific and dangerous as hazardous waste unless it proves in a specified manner that such waste does not have the hazardous properties listed in the Annex to this law;
(j) classify waste according to a special regulation, 1a)
(k) to check that waste for which it has been established that it does not have hazardous properties does not have such hazardous properties (§ 2 (3)). "
6. In Article 5, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The originator is obliged to demonstrate, at the request of the public authorities in the waste management, that it has been verified in a specified manner by the authorised person that the waste does not have dangerous properties (§ 2 (4)).
(3) If the originator finds, when checking, that waste for which it has been established in a specified manner that it does not have dangerous properties [Paragraph 5 (1) (k)] that it has such dangerous properties, he shall be obliged to treat the waste as hazardous. ';
Paragraph 2 shall become paragraph 4.
7. the following Section 9a is inserted after Section 9:
(1) The authorised person (Paragraph 4 (7)) shall verify the characteristics of the waste at the request of the originator. After verifying that the waste does not have dangerous properties, the authorising officer shall issue a certificate. If the certificate shows that the waste does not have any dangerous properties, the originator shall send a copy or a copy of the certificate without delay to the Czech Environmental Inspection Office and to the competent district authority.
(2) The certificate shall define the type of waste covered by the certificate, the evaluation of the waste properties and the period of validity of the certificate; that period shall not exceed one year. The certificate shall cease to be valid whenever the originator changes the technology that affects the composition of the waste or its characteristics.
(3) The authority of the government in the waste management shall suspend or withdraw the certificate issued by the authorised person if the originator has infringed the management obligations. It may do so if there is doubt that the procedure laid down for proving the hazardous properties of waste has been followed or the waste has one of the hazardous properties.
(4) Details of the issue, removal and formalities of the certificate are laid down jointly by the Ministry of the Environment and the Ministry of Health by decree. "
8. in Article 11 (3) (a), the words "paragraphs 4, 5 and 6" shall be replaced by the words "paragraphs 4, 5, 6 and 7" and the following shall be inserted after the words "exports": "and transit shipments of waste."
9. Article 11 (3) shall be added to point (f) as follows:
"(f) fails to comply with the obligation laid down in Article 5 (1) (i), (j) or (k)."
10. In Paragraph 11, the following paragraphs 5 to 7 are inserted after paragraph 4:
"(5) A fine of between 10 000 and 1 000 000 CZK may be imposed by a public authority in the waste management entrusted to a person who issues a certificate in contravention of a defined method of assessing the hazardous properties of waste (§ 2 (3), § 4 (7), § 9a).
(6) A fine of between 10 000 and 500 000 CZK may be imposed by the authority of the government in the waste management by the originator to whom the certificate has been issued and which fails to fulfil the obligations imposed in § 5 (1), (2) and (3).
(7) The fine imposed under this law shall be collected by the administration which imposed it. '
Paragraph 5 shall become paragraph 8.
11. In Section 14, the following sentence is added: "The general rules on administrative procedures do not apply to the issue and withdrawal of certificates (Section 9a). 12)."
12. The following Annex is added to the Act:
"Attachment to Act No. 238 / 1991 Coll.
CONDITIONS ELIGIBLE TO DISCLOSURE
(HAZARDS)
1) EXPLOSIVE
- is a property which waste which may explode by flame or which is more sensitive to shock or friction than dry technical m- dinitrobenzene.
2) HOSPITAL
- extreme flammable - is a characteristic of waste of flammable liquids with a flash point of less than 0 oC and a boiling point of less than or equal to 35 oC,
- high accelerability - is a characteristic of waste,
- which may self-heat and subsequently self-ignite in contact with air at ambient temperature and without exposure to an external heat source, or
- which, in contact with water or wet air, release flammable gases in dangerous quantities,
- a rigid state which may ignite slightly after short-term contact with the ignition source and which continues to burn or burn after removal of that source, or
- flammable liquids with a flash point of less than 21 oC, or
- gaseous form which is flammable / explosive under normal pressure in the air,
- Flammability - is a property which has wastes of flammable liquids with a flash point greater than or equal to 21 oC and less than or equal to 55 oC and flammable liquids with a flash point above 50 oC when heated to or above the flash point.
3) OXIDATION COMPETITION
- is a characteristic of waste which causes a highly exothermic reaction when it comes into contact with other substances, particularly flammable substances.
4) HEALTH OF ORGANIC PEROXIDES
- is a characteristic of waste of organic peroxides or containing organic peroxides in a quantity capable of self-decomposing without explosion while increasing temperature.
5) THE COMPETENCE OF WASTE TO ACCEPTANCE WITH AIR OR WATER GAS
- is a characteristic of waste which is released in contact with water or air of more than 1 litre of toxic gas per kg of waste per hour.
6) ECOTOXICITY
- is a characteristic of waste which presents an acute or late risk as a result of adverse environmental burden by biological accumulation or toxic effects on biotic systems.
These are waste:
(a) which report for at least one of the test organisms:
1. Poecilia reticulata
2.
3. Scenedesmus quadricauda or Scenedesmus subpicatus or Selenastrum capricornutum
4. Sinapis album seed
EC (IC) value 50 ≤ 10 mg / l, which corresponds to substances which are extremely toxic, very toxic and very toxic to aquatic organisms,
(b) for at least one of the test organisms, the water leaching has a EC (IC) value of 50 ≤ 10 ml / l or a TU toxicological unit ≥ 10.
7) NEXT DANGER
- is a characteristic of waste which liberates harmful substances which exceed some of the limit values laid down in the Ministerial Decree.
8) RADIOACTIVITY
- is a property of waste whose specific activity exceeds the values given in § 3 of the Decree of the Ministry of Health of the Czech Republic No. 59 / 1972 Coll., on the protection of health against ionizing radiation.
9) ACUTE TOXICITY
- waste is an acute toxic waste in relation to a person if, as a result of the absorption of a very small dose of the active substance (s) or of the active substances (s) contained in waste, regardless of the route of entry into the body (e.g. after ingestion, inhalation or skin penetration), death or severe, usually irreversible (irreversible) damage to health with the risk of death.
10) PREVIOUS EFFECTS
- waste is, in relation to humans, hazardous to irreversible late-action waste if it contains proven carcinogens, germ cell mutagens and substances toxic to human reproduction (teratogens or embryotoxic agents) in doses (quantities) capable of causing malignant growth, germ cell mutations or foetal damage with a demonstrably higher frequency than those defects (diseases) in the general population, or waste for which these properties have been experimentally verified.
11) RIGHTS
- waste is a corrosive waste in relation to a person if it is applied to healthy intact skin and the entire layer of the skin is disturbed.
12) INFECTION
- waste is dangerous in relation to a person with regard to the possible transmission of a serious infectious disease to humans, if it contains pathogenic micro-organisms with sufficient virulence in concentration or in the amount where exposure could give rise to human or animal disease. "
The Act of the Czech National Council No. 311 / 1991 Coll., on State Administration in Waste Management, as amended by the Act of the Czech National Council No. 466 / 1992 Coll., is added as follows:
1. the following point (h) shall be added to Article 2:
"(h) it shall list and keep a full list of legal persons and natural persons authorised to carry out business activities authorised to verify the hazardous properties of waste."
2. the following paragraphs 5 and 6 are added to Article 3, including footnote 4a:
"(5) The inspection shall check that the authorised persons (4a) comply with the established method of assessing the hazardous properties of waste. In the event of a finding that the designated method of assessment of hazardous waste properties is not complied with, the authorising officer shall notify the Ministry of the Environment and the Ministry of Health without delay.
(6) The inspection may suspend or withdraw the certificate issued by the authorised person (4a).
(4a) Paragraph 4 (7) of Act No. 238 / 1991 Coll., on Waste, as amended by Act No. 300 / 1995 Coll. '
3. the following paragraph 7 is added:
"(7) The County Office may suspend or withdraw the certificate issued by the mandated person (4a)."
The Annex to the action of the Federal Committee on the Environment of 1 August 1991 declaring the categorisation and catalogue of waste, announced in the amount 69 / 1991 Coll.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 300 / 1995 Coll., amending and supplementing Act No. 238 / 1991 Coll., on Waste, and Act No. 311 / 1991 Coll., on State Administration in Waste Management, as amended by Act No. 466 / 1992 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1995 |
|---|---|
| Effective from | 27.12.1995 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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