Decree of the Ministry of Environment No. 338 / 1997 Coll.

Decree of the Ministry of Environment on the details of waste management

Valid Order Effective from 01.01.1998
338
DECLARATION
Ministry of Environment
of 11 December 1997
on the details of waste management
According to § 3 (8), § 5 (1) (g), § 6 (1) (g), § 3, 4, § 7 (2), § 4 (d), § 8 (2), § 11 (5) (d), § 18 (2), § 19 (1), (2), (5), § 20 (1), (3), § 21 (1), (2), § 29 (4) of Act No. 125 / 1997 Coll., on waste (hereinafter "the Act '):

ODDÍL PRVNÍ

DETAILS OF LETTING WITH DANGEROUS WASTE
§ 1
An application for authorisation to handle hazardous waste shall be made on a form, a model of which is set out in Annex 1 to this Decree.
Collection and storage of hazardous waste
§ 2
The storage and collection equipment containing hazardous waste shall be provided with a waste identification certificate as set out in Annex 2 to this Regulation and marked from the outside with a graphic symbol of the relevant hazardous properties in accordance with the specific Regulation. 1)
§ 3
(1) Collecting agents of hazardous waste are in particular special containers, containers, packaging, sinks and tanks. They shall, by themselves or in combination with the technical design and equipment of the place where they are located, ensure that waste placed therein is protected against undesirable deterioration, misuse, theft or environmental hazard.
(2) Technical requirements for the collection of hazardous waste materials:
(a) modulation from devices not used for waste management, such as shape, description or colour;
(b) ensuring the protection of waste from weather effects when the means of collection are located outside protected areas;
(c) resistance to damage during handling;
(d) resistance to chemical agents;
(e) where they serve as transport packages, they must comply with the requirements of the special regulations governing the transport of dangerous goods.
(3) The collection agent of hazardous waste may be emptied only in a transport container intended for the management of hazardous waste or may be a transport packaging itself or may be emptied into a hazardous waste warehouse or placed in a storage facility.
§ 4
(1) Warehouses, parts thereof and storage facilities for hazardous waste must:
(a) ensure that the waste contained therein is separated and sealed in such a way as to prevent the mixing of different types of waste and to prevent its leakage into the surrounding area;
(b) to ensure by their implementation that there is no threat to human health and none of the environmental aspects under specific regulations;
(c) ensure the storage of individual types of hazardous waste under the same conditions as the storage of substances, products and preparations having the same dangerous properties.
(2) The operating rules for the hazardous waste warehouse, the proposal of which is annexed to the application for authorisation to handle hazardous waste, must include the following:
(a) the date of entry into service of the warehouse;
(b) a list of the waste stored according to the Waste Catalogue and the way in which it is stored with a technical description of the storage facility, including the types of packaging and handling of the waste stored;
(c) the maximum quantity of each type of waste stored;
(d) the method of keeping records of waste stored;
(e) the procedure in the event of an accident;
(f) ensuring safety and hygiene of work, 3)
(g) identification sheets of the waste stored.

ODDÍL DRUHÝ

TECHNICAL REQUIREMENTS FOR ELECTRICITY DEROGATIONS AND ELECTRICITY DEROGATIONS AND LIST OF ELECTRIC ELECTRICITY ELECTRONIC DEVICES
§ 5
General technical requirements for installations for the treatment and recovery of hazardous waste and for the disposal of waste
(1) Equipment for the treatment and recovery of hazardous waste and for the disposal of waste (hereinafter referred to as "equipment") may only be set up in accordance with approved project documentation in accordance with specific regulations.4)
(2) The device must be marked with an information board legible from a public space bearing the following information:
(a) the name of the establishment;
(b) the name, registered office or place or residence of the operator of the establishment, including the name and telephone contact of the person authorised to act on behalf of the operator;
(c) a public authority which has given its consent to the operation of the establishment and the operating rules of the establishment, including telephone connection;
(d) the operational time of the installation.
(3) The equipment must be operated and equipped in such a way as to avoid pollution of access routes and surrounding areas.
(4) During the operation of the equipment, the worker of the designated equipment must always be present.
(5) The content of the application for approval of the operation of the installation and the operating rules of the installation shall be the same as that of the application for authorisation for the management of hazardous waste set out in Annex 1 to this Decree. It is attached to the design of the operating system.
§ 6
Operating rules and operating log of equipment for the treatment and recovery of hazardous waste and for the disposal of waste
(1) The content of the operating rules of the establishment, including the method of proving the quality of the waste by the originators and beneficiaries and the management of the waste during their acceptance by the operator, is set out in Annex 3 to this Decree.
(2) The operator of the installation shall keep an operating log of the operation of the installation. The contents of the operating logbook are set out in Annex 3 to this Decree.
Requirements for waste landfills and the method of assessment of waste according to leaching
§ 7
General requirements for landfills, including conditions for their location, technical security of the operation of landfills, seals, monitoring and methods of closure and reclamation of landfills are laid down in mandatory technical standards. 5)
§ 8
(1) For the purpose of disposal of waste by landfill operations, waste shall be stored according to species and categories in such a way that there cannot be an undesirable mutual reaction to the formation of harmful substances or to damage to the tightness, stability and construction of the landfill.
(2) The acceptance of waste at landfills of individual groups shall be assessed by type and category of waste according to the Waste Catalogue and by the water leaching class referred to in Annex 4 to this Decree.
(3) Landfills are divided according to the technical security and operation arrangements to the following groups:
skupina S I -určená pro odpady kategorie ostatní odpad, jejichž vodný výluh nepřekračuje limitní hodnoty výluhové třídy číslo I,
skupina S II -určená pro odpady kategorie ostatní odpad, jejichž vodný výluh nepřekračuje limitní hodnoty výluhové třídy číslo II,
skupina S III -určená pro odpady kategorie ostatní odpad, jejichž přijetí na jednotlivé skupiny skládek nelze hodnotit na základě vodného výluhu a pro odpady kategorie ostatní odpad, jejichž vodný výluh nepřekračuje limitní hodnoty výluhové třídy číslo III,
skupina S IV -určená pro odpady kategorie nebezpečný odpad.
(4) Each of the landfills with a seal corresponding to groups S I to S IV may be of one-off type, with a specific technical solution, operation and monitoring regime at which only one type of waste or waste comparable to its origin, composition and properties can be accepted.
(5) Wastes which cannot be assessed on the basis of water leaching, mixed municipal waste and wastes with variable physical, chemical and biological properties (e.g. waste from the crushing of cars) cannot be stored at landfills of S I and S II groups.
(6) Before being admitted to landfill, waste may be conditioned to meet the required conditions by transferring it to a condition with a permanently reduced leaching of harmful substances. Receipt of treated waste to landfills shall be assessed using the same methods and conditions as for non-treated waste.
(7) Wastes treated by stabilisation which are accepted into landfills during the technological stabilisation process may only be placed at the landfill so that the conditions and procedures for taking over referred to in Annex 3 to this Regulation can be fulfilled, after completion of the waste stabilisation process.
(8) Wastes may be accepted for landfills under the following conditions:
(a) waste of the category other waste, except waste meeting the condition laid down in paragraph 5, may be accepted for individual landfill groups following evaluation of their leaching capacity;
(b) wastes of a category other waste with a lower class of leaching may be accepted for landfills corresponding to a higher class of leaching including those of group S IV, but waste classified in a higher class of leaching shall not be accepted for landfills corresponding to a lower class of leaching;
(c) waste of the category hazardous waste may only be accepted for landfills of group S IV;
(d) waste which cannot be stored on landfills or which can only be stored after adjustment or pursuant to Paragraph 9 of this Order is set out in Annex 5 to this Order.
Specific waste disposal methods for waste landfills
§ 9
(1) Waste can be stored in landfills in closed containers or containers sufficiently resistant to mechanical damage.
(2) Dangerous waste may be stored in containers or containers in landfills of Group S III. The waste containing an excess quantity of pollutants listed in Group B of Annex 5 to this Decree cannot be stored at the landfills of Group S III using containers and containers.
(3) Modified waste containing an excess quantity of pollutants listed in Group B of Annex 5 to this Decree may be stored in containers or containers only in the landfills of Group S IV.
(4) Wastes containing an excess quantity of pollutants listed in Group C of Annex 5 to this Decree may be stored in containers or containers in landfills corresponding to their leaching class.
(5) The internal insulation of containers and containers shall be resistant to the corrosive effects of stored waste and replace one of the technical barriers of the corresponding landfill group.
(6) Containers and containers are always placed in a specially designated landfill area, separately monitored and monitored.
(7) A single-track landfill may also be handled as a landfill for separate landfill of several types of waste in separate spaces (even containers and containers) intended for separate storage of waste within one landfill, provided that the technical execution of the individual areas prevents the mixing and merging of waste stored in them throughout the storage period.
§ 10
A list of selected types of waste which may be accepted for landfill only in a stabilised state is given in Group D of Annex 5 to this Decree. Such waste may only be accepted for landfills corresponding to one degree of leaching above that in which the waste was placed after treatment or in containers and containers referred to in § 9.
§ 11
Requirements for waste incineration plants
Waste is disposed of only by incineration in plants designated and complying with the requirements laid down in the specific regulation.6) 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 Regulation (6) are met and the competent authority grants its approval to operate such plants.

ODDÍL TŘETÍ

OBLIGATIONS TO REQUEST IMPORTS, EXPORTS AND TRANSIT OF WASTE AND METHOD OF LEADING THE EVIDENCE IN THE TRANSPORT OF WASTE TRANSFER OF STATE BORDER
§ 12
Forms of application for consent to import, export and transit of waste
(1) The application for authorisation to import waste must contain the following particulars:
(a) the name, address or place of residence of the applicant and his identification number;
(b) the type and category of waste according to the Waste Catalogue and the amount of waste;
(c) the recovery method;
(d) proof of a waste authorisation;
(e) the approval of the competent district office for hazardous waste management;
(f) the type, category, quantity and method of recovery of waste resulting from the treatment of imported waste;
(g) the route of shipment of waste to the place of recovery, including border crossing points (for hazardous waste);
(h) the completed document referred to in Annex 6 to this Decree. This document shall be completed separately for each type of waste and exporting country,
(i) proof of approval of the permanent operation of the waste recovery facility;
(j) information on the annual capacity of the processing plant and on the quantity of waste processed over the previous year;
(k) proof of contractual security of supply.
(2) The formalities for notification of the import or transit of waste (Section 11 (4) of the Act) are the same as those for the request for consent referred to in paragraph 1.
(3) The application for authorisation to export waste must contain the following particulars:
(a) the name, address or place of residence of the applicant and his identification number;
(b) the type and category of waste according to the Waste Catalogue and the amount of waste;
(c) the route of shipment of waste, including border crossing (for hazardous waste);
(d) the completed document referred to in Annex 6 to this Order. This document shall be completed separately for each type of waste and country of import,
(e) the consent of the competent authorities of the countries of transit and import;
(f) proof of contractual security for recovery;
(g) proof of insurance;
(h) evidence of a waste authorisation;
(i) the approval of the competent district office for the management of hazardous waste.
(4) The application for consent to transit shipments of waste shall contain the following particulars:
(a) the name, address or place of residence of the applicant and his identification number;
(b) the type and category of waste according to the Waste Catalogue and the amount of waste;
(c) the method and route of shipments of waste through the Czech Republic, including border crossing points;
(d) the consent of the competent authorities of the countries of transit and import;
(e) confirmation that if waste is not accepted by the importer, the exporter will be recovered at his own expense;
(f) the completed document in accordance with Annex 6 to this Order. This document shall be completed separately for each type of waste,
(g) proof of contractual security of the transit delivery.
(5) The consent to import or export of waste under the law does not replace the authorisation to import or export under specific rules. 7)
§ 13
Registration of waste in transboundary shipments of waste
(1) The register for transboundary shipments of waste (hereinafter referred to as the register), as set out in Annex 7 to this Decree, is completed by the applicant in five copies.
(2) The record sheet is part of the accompanying documentation of each consignment of waste during its shipment, i.e. from the producer of the waste to the consignee.

ODDÍL ČTVRTÝ

CONDITIONS FOR WHICH IT IS POSSIBLE TO PAY THE SALE FOR THE PAYMENT OF WASTE
§ 14
(1) The discount on the municipal waste collection charge for landfill may be applied where the municipality has provided for a generally binding decree for a system of collection, sorting, recovery and disposal of municipal waste, and provided that the sorting of waste was:
(a) the hazardous waste component (sub-group 20 01 hazardous waste types according to the Waste Catalogue) is disposed of at least 1 kg per capita per year;
(b) recovered or disposed of as a secondary raw material (waste types of sub-group 20 01 according to the Waste Catalogue) of at least 35 kg per capita per year.
(2) The discount on the fee does not apply to municipal waste obtained by the municipality under a contract within the meaning of Article 9 (5) of the Law.
(3) The municipality shall lead to the collection, sorting, recovery or transfer for the use or transfer of a hazardous proportion of municipal waste for disposal by a separate register in accordance with Annex 8 to this Decree.
(4) The municipality shall notify the recipient of the fee as the producer of municipal waste together with the documents confirming that claim. The beneficiary of the fee shall within one month of receipt of the notification send a certificate of entitlement to the discount to the requesting municipality and landfill operator. If the recipient of the fee does not agree with the claim for a discount, he shall send a request for dispute settlement to the competent district office. The same application shall be sent to the district office by the requesting municipality if, within one month of notification of the right to the discount, it does not receive a certificate from the recipient of the fee.
(5) The amount of the discount shall be 70% of the fee if the condition of paragraph 1 (a) is met, 100% of the fee if the conditions of paragraph 1 (a) and (b) are met.

ODDÍL PÁTÝ

LIST OF WASTE WEAPONS FOR WHICH AN AUTHORISED PERSON IS AUTHORIZED FOR THEIR COLLECTION AND THE RESEARCH OF THE VICE OF PERSON'S EVIDENCE FROM WHICH IT HAS SENT OR COVERED FROM THE SEPARATE
§ 15
To the extent provided for in Section 6 (3) of the Act, the authorised collector of waste shall keep records of natural and legal persons and establish their identity in the case of receipt of the following waste types according to the Waste Catalogue:
Kód
druhu
odpadu
Název
druhu
odpadu
17 04 01měď, bronz, mosaz
17 04 02hliník
17 04 03olovo
17 04 04zinek
17 04 06cín
17 04 07směsi kovů (17 04 01 - 06)
17 04 08kabely.

ODDÍL ŠESTÝ

METHOD OF PRODUCT AND PACKAGE LEAFLET, ADDITIONAL STATEMENT OF OIL, KADMIA, RTUTE AND SWITCHED CHEMICAL PRODUCTS USED AND THE SCOPE OF USE AND RECYCLING
§ 16
(1) The marking of the material identification shall be clearly visible on the packaging or on its label, easily legible, adequately durable, durable, even after opening the packaging.
(2) Marking of material identification shall be carried out by graphic mark and numerical or alphabetical code according to ČSN 77 0052.
(3) If the packaging serves as transport, its marking shall comply with specific regulations.
§ 17
The sum of lead, cadmium, mercury and hexavalent chromium in the packaging used shall not exceed:
- 600 ppm until 30 June 1998,
- 250 ppm until 30 June 1999,
- 100 ppm until 30 June 2001.
§ 18
(1) The proportion of recovered packaging waste from all packaging materials contained in packaging waste must be at least 35% by weight from 1 January 2001.
(2) The proportion of recycled packaging waste from all packaging materials contained in packaging waste must be at least 15% by weight from 1 January 2001.

ODDÍL SEDMÝ

METHOD OF EVIDENCE AND DISCLOSURE
§ 19
(1) For the purposes of waste accounting, waste is classified according to the species and categories set out in the Waste Catalogue.
(2) The records of waste are:
(a) producers of waste;
(b) authorised persons who collect and purchase waste;
(c) beneficiaries of the treatment, recovery and disposal of waste;
(d) authorised persons carrying out the transport and transport of hazardous waste.
(3) The originators of the waste and the authorised persons referred to in paragraph 2 (b) and (c) shall keep a register of the waste continuously to the extent and with the particulars set out in Annex 8 to this Decree. The records shall be kept for each separate establishment and for each type of waste separately. The waste records referred to in Article 3 (3) of the Act shall be kept separately.
(4) The records referred to in paragraph 3 shall be kept by the originators and beneficiaries in each production and management of waste for their own waste and waste taken from other legal persons and natural persons authorised to do business.
(5) The originators of the waste and the beneficiaries shall, when the conditions set out in Article 20 (2) of the Act are met, send the annual production and management reports for the previous year to the extent and with the particulars set out in Annex 9A to this Decree. The report shall be kept separately for each separate establishment and for each type of waste. The reports shall be sent to the district office responsible locally for the location of the separate establishment. The district office may, by mutual agreement, accept the report on the technical data carrier.
(6) Operators of installations for the treatment and recovery of hazardous waste and for the disposal of waste shall send data on the installation within two months of the start or closure of the operation and until 15 February 1998 for the facilities already operated to the competent district authority, to the extent and with the particulars set out in Annex 9B to this Decree.
(7) The producers of waste and beneficiaries referred to in paragraph 2 (b) and (c) shall keep records of the collection sites of hazardous waste.
(8) Authorised persons referred to in paragraph 2 (d) report a record of shipments of hazardous waste to the extent and with the particulars set out in Annex 10 to this Decree. The data shall be reported separately for each shipment, seven copies of the register for the transport of hazardous waste in the Czech Republic, as set out in Annex 10.
(9) The records referred to in paragraphs 3 and 6 shall be kept by those who maintain it for a minimum period of five years by landfill operators for at least 70 years after the completion of the reclamation.
§ 20
This Decree shall take effect on 1 January 1998.
Minister:
Ing. Skalický v. r.

Příloha č. 1

Annex No 1
APPLICATION FOR A CONFORMITY TO DISCLOSURE WITH DANGEROUS WASTE

Příloha č. 2

Annex No 2
IDENTIFICATION LIST OF DANGEROUS WASTE

Příloha č. 3

Annex No 3
A. Content of the operating order of installations for the treatment and recovery of hazardous waste and for the disposal of waste
(1) (a) identification details of the operator (name, address or place of residence or residence and identification number, including the name, address and telephone connection of the person or persons entitled to act on behalf of the operator),
(b) identification details of the owner of the installation;
(c) the district office which has given its consent to the operation of the establishment and approved its operating rules, its registered office and telephone links;
(d) an indication of the time limitation of the operating rules;
(e) the nature, purpose and brief technical description of the equipment, description of the technological process;
(f) basic data on installation capacity;
(g) a list of waste types according to the Waste Catalogue to be used or modified or disposed of on the installation;
(h) the method of disposal of waste in the landfill, including the situation picture;
(i) organisational and technological security of the operation of the equipment;
(j) emergency measures;

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Regulation Information

CitationDecree of the Ministry of Environment No. 338 / 1997 Coll., on Details of Waste Management
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation31.12.1997
Effective from01.01.1998
Effective until-
Status Valid
The regulation text is for informational purposes only.
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