Decree No. 61 / 2010 Coll.
Decree amending Decree No. 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No. 383 / 2001 Coll., on the details of waste management, as amended
Valid
Effective from 01.04.2010
61
DECLARATION
of 19 February 2010
amending Decree No 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No 383 / 2001 Coll., on the details of waste management, as amended by Decree No 341 / 2008 Coll., and Decree No 383 / 2001 Coll., on the details of waste management, as amended
The Ministry of the Environment provides pursuant to § 14 (5), § 19 (3), § 21 (5), § 22 (2), § 35 (3), § 45 (3) and § 51 (5) of Act No. 185 / 2001 Coll., on waste and on amendments to certain other laws, as amended by Act No. 477 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 275 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 167 / 2004 Coll., Act No. 188 / 2004 Coll., Act No. 317 / 2004 Coll. and Act No. 7 / 2005 Coll.:
Amendment of Decree No 294 / 2005 Coll., on the conditions for the disposal of waste into landfills and their use on the terrain surface and amendment of Decree No 383 / 2001 Coll., on the details of waste management, as amended by Decree No 341 / 2008 Coll.
Decree No 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No 383 / 2001 Coll., on the details of waste management, as amended by Decree No 341 / 2008 Coll., is amended as follows:
1. in Article 2 (a), including footnote 2:
"(a) inert waste - waste which has no hazardous properties and which, under normal climatic conditions, does not undergo any significant physical, chemical or biological changes. Inert waste does not burn or otherwise react chemically or physically, is not subject to biodegradation or causes the degradation of other substances with which it comes into contact in a way that endangers human health and affects or affects the environment or leads to the contamination limits set by specific legislation2). Compound wastes are not considered inert waste,
2) For example, Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Laws (Water Act), as amended, Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Laws, as amended, Act No. 86 / 2002 Coll., on Air Protection and on the Amendment of Certain Other Laws (Air Protection Act), as amended. "
2. in § 2 (n), the word "sandpit" shall be replaced by the word "sewerage."
3. In Article 2, at the end of point (t), the dot is replaced by a comma and the following points (u) and (v) are added:
"(u) mechanical-biological treatment - treatment of mixed municipal waste or other similar waste of a category other waste consisting of a combination of physical and biological processes,
(v) recycling from construction and demolition waste - material output from equipment for the recovery and treatment of construction and demolition waste category other waste and waste similar to construction and demolition waste, consisting of a change in granularity and its classification into size fractions in equipment intended for that purpose. ';
4. in Paragraph 3 (2) (b), point 2 is deleted;
Point 3 is renumbered point 2.
5. In Article 3, the following paragraph 4 is inserted after paragraph 3, including footnote 20:
"(4) The total amount of leachate resulting from the storage of inert waste in the landfill and the content of pollutants in those waste as well as the ecotoxicity of leachate water must be negligible and must not damage the quality of surface or groundwater 20). The concentration of pollutants in the dry matter and in the leaching of such waste shall not exceed any of the characteristics laid down for the landfills of the S-inert waste group in Annexes 2 and 4 to this Decree.
20) Act No. 254 / 2001 Coll. '.
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
6. In Article 3, the following paragraph 6 is inserted after paragraph 5:
"(6) The record of the location of each type of hazardous waste in the landfill is part of the continuous waste register. The method of recording and the scale of the grid map by which the alert is made shall be laid down in the operating rules. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
7. in Article 4 (7), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
8. In Paragraph 6 (1), "used 'is replaced by" used' and "used 'by" used'.
9. In Article 12, at the end of paragraph 1, the sentence "Wastes used on the surface of the terrain, with the exception of wastes used for the reclamation of landfills referred to in Article 13 (1), shall not contain higher concentrations of pollutants than those specified in Table 10.1 of Annex 10 to this Decree and their aqueous leaching shall comply with the requirements set out in Table 10.2 of Annex 10 to this Decree. On the surface of the terrain, only excavated soil and noise and treated waste in the form of recyclate from construction and demolition waste or construction and demolition waste from which hazardous components have been removed and can be sampled for testing. ';
10. In Paragraph 12 (2), the word "further 'shall be inserted after the word" may not'.
11. in Article 15 (1), "(o)" is replaced by "(n)";
12. In Annex 1, point 2 (g), "Regulation 'is replaced by" Regulation'.
13. in Annex 1, point 5.2 (b), at the end of the text, the words "in respect of each indicator for admission to the relevant establishment set out in Annexes 2 and 4 to this Decree" shall be added.
14. In Annex 2, the words "and vice versa 'shall be added at the end of the note to Table 2.1.
15. In Annex 4, point 3, the words ", S-OO2 'are deleted.
16. In Annex 4, point 7 is deleted.
Points 8 to 10 shall become points 7 to 9.
17. In Annex No 4, point 7, the words "and wastes which cannot be evaluated on the basis of their aqueous leaching pursuant to § 3 (2) (b) (2) 'shall be added at the end of the text in point (b).
18. In Annex 4, point 7, the words "except for stabilised bio-waste only (the output from the biowaste treatment plant of the third group referred to in Annex 6 to Decree No 341 / 2008 Coll.) for which the DOC indicator is not found 'are added at the end of the text in point (c).
19. In Annex 4, point 7 is replaced by the following:
"(f) the output from a mechano-biological treatment facility for waste which is stabilised by bio-waste may be accepted without testing in accordance with Annex 2 only if it results in the treatment of mixed municipal wastes and similar wastes and provided that the stability parameter AT4, as set out in Table 4.2, is met and its calorific value does not exceed 8,000 kJ / kg."
20. In Annex 4, point 8 (c), "5 'is replaced by" 6' and at the end of the text the comma is replaced by "TOC content in the dry matter of stabilised waste (code D9 in Annex 6 to this Decree) is not detected '.
21. In Annex 4, point 9 of the Introductory Part of the provision, the words "excluding pH 'are inserted after the words" indicators'.
22. In Annex 4, point 9 (b), the words "according to the risk assessment (§ 12 (4)) 'are deleted and the words" according to specific legislation2' are added at the end of the text.
23. in Annex 4, point 9 (g):
"(g) will be reported in accordance with Annex 25 to Decree No 383 / 2001 Coll., on details of waste management, as amended."
24. In Annex 4, point 10 is added:
"10. wastes from the mechanical and biological treatment of waste stored in landfills shall comply with the stability parameter AT4 as set out in Table 4.2.
Table 4.2.
| Parametr | Limitní hodnota | Jednotka |
|---|---|---|
| spotřeba kyslíku po 4 dnech (AT4)*) | 10 | mg O2/g sušiny |
*) AT4 - respiratory activity test, test method for assessing the stability of biowaste based on measurement of O2 consumption in 4 days according to Decree No. 341 / 2008 Coll. '.
25. In Annex 5, in the title, the words "and use as technological material 'shall be inserted after the words" groups'.
26. In Annex 5 (A.), in the title, the words "and use as technological material 'shall be inserted after the words" groups'.
27. in Annex 5 (A.) (6), including footnotes 13, 21 and 22:
'6. All medicines, 13) addictive substances and preparations, 21) macovin21) and drug precursors. 22)
13) Act No. 378 / 2007 Coll., on Medicines and on Amendments to Certain Related Acts (Law on Medicines), as amended.
21) Act No. 167 / 1998 Coll., on addictive substances and amending certain other laws, as amended.
22) Regulation (EC) No 273 / 2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors. Council Regulation (EC) No 111 / 2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors. Commission Regulation (EC) No 1277 / 2005 of 27 July 2005 laying down detailed rules for the application of Regulation (EC) No 273 / 2004 of the European Parliament and of the Council on drug precursors. '
28. In Annex 5 (B. 1):
"1. Useful wastes only in accordance with the Waste Management Plan of the Region and sorted out the usable components of municipal waste (paper, glass, plastic, metals and drinking cartons), only where, in accordance with Section 11 (2) of the Act, their use is technically and economically impossible. '
29. In Annex 5 (B. 4):
"4. Biodegradable wastes only if they are biodegradable components contained in municipal waste (group 20 of the Waste Catalogue) for which the timetable for the gradual limitation of landfill disposal is set out in point 7 of Annex 4 to this Regulation. '
30. In Annex 5 (B.), the following point 5 is added:
"5. Waste of persistent organic pollutants only under conditions laid down directly by the European Communities Regulation (23).
23) Article 7 of Regulation (EC) No 850 / 2004 of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79 / 117 / EEC. "
31. Annex 9 shall be deleted;
32. In Annex 11, point 1 (c), the words "(e.g. sewage sludge), 'are deleted and the words" it is demonstrated by physical, chemical and biological indicators and confirmed by microbiological analysis 18' are replaced by the words "it is demonstrated in accordance with Annex 5 to Decree No 341 / 2008 Coll. ';
footnote 18 is deleted.
33. In Annex 11 (1), point (d) is deleted.
34. In Annex 11 (2), at the end of the text in point (a), the words "and in the upper reclamation layer at least 1 m from the surface of the terrain meet the requirements laid down in column I of Table 10.2 of Annex 10 to this Decree (stimulation of algae and semen growth is not a limiting factor) ';
35. in Annex 11 (2) (b):
"(b) the contents of the pollutants in the dry matter of the waste shall not exceed the maximum permitted levels of inorganic and organic pollutants listed in Table 10.1 of Annex 10 to this Decree, '.
36. In Annex 11, point 2 (c), the words "(e.g. sewage sludge)," are deleted and the words "is demonstrated by physical, chemical and biological indicators and confirmed by microbiological analysis 18) 'are replaced by the words" is demonstrated in accordance with Annex 5 to Decree No 341 / 2008 Coll.';
37. In Annex 11 (2), point (d) is deleted.
38. In Annex 11, point 3, point (a) is deleted.
Points (b) to (e) shall be renumbered as (a) to (d).
39. In Annex 11 (3), at the end of the text in point (a), the words "and in the upper layer (reclamation, landscaping, etc.) in a power of at least 1 m from the surface of the terrain shall be added to the requirements set out in column I of Table 10.2 of Annex 10 to this Decree (stimulation of algae growth and semen is not a limiting factor) '.
40. Annex 11 (3) (b) reads as follows:
"(b) the contents of the pollutants in the dry matter of the waste shall not exceed the maximum permitted levels of inorganic and organic pollutants listed in Table 10.1 of Annex 10 to this Decree, '.
41. In Annex 11, point 3 (c), the words "(c) 'are replaced by the words" (a) and (b)', the words "(e.g. sludges from ČOV) 'are deleted and the words" is demonstrated by physical, chemical and biological indicators and confirmed by microbiological analys18)' are replaced by the words "shall be shown in accordance with Annex 5 to Decree No 341 / 2008 Coll. ';
42. In Annex 11 (3), point (d) is deleted.
43. The following points 4 and 5 are added to Annex 11, including footnote 19:
"4. In the case of the recovery of waste referred to in points 2 and 3 in a given site in excess of 1 000 tonnes, a risk assessment on that site shall be carried out in accordance with specific legislation19).
5. The exceedance of the maximum permissible values of the individual indicators referred to in points 1 to 3 shall be tolerated if their increase complies with the conditions characteristic of the site and the geological and hydrogeological characteristics of the site and its surroundings, where the waste used under normal climatic conditions is not subject to any significant physical, chemical or biological transformation which would result in the release of pollutants into the environment and where the modified limit values, including critical indicators not referred to in points 1 to 3, are set out in the operating rules of the installation concerned. In addition, in the case of recovery under points 2 and 3, the requirements set out in points 4 and 12 (4) must always be met.
19) Decree No. 99 / 1992 Coll., on the establishment, operation, securing and disposal of waste storage facilities in underground areas, as amended by Decree No. 300 / 2005 Coll. '.
44. In Annex 12, box Microbiological tests:
"Microbiological tests ČSN ISO 10381 - 6 Soil quality - Sampling - Part 6: Guidelines for the collection, handling and storage of soil samples intended for the study of aerobic microbial processes in the laboratory
Acta hygienica, epidemiologica et microbiologica (AHEM) No 1 / 2008 '.
Transitional provision
The landfills of the sub-group S-OO2 shall be considered as landfills of the sub-group S-OO1 as from 1 April 2012.
Amendment to Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended
In point 10 of Annex No 1 to Decree No 383 / 2001 Coll., on details of waste management, as amended, the words "or adopted on the basis of point B. 1 of Annex No 5 to Decree No 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No 383 / 2001 Coll., on the details of waste management, as amended 'shall be added at the end of Annex No 1 to Decree No 383 / 2001 Coll.
EFFECTIVE
This Decree shall take effect on 1 April 2010, with the exception of Article I (27) and Article III, which shall take effect on 1 April 2011, and Article I (4), (6), (14) and (15), which shall take effect on 1 April 2012.
Minister:
JUDr. Nitík, M.Sc., Rev.
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Regulation Information
| Citation | Decree No. 61 / 2010 Coll., amending Decree No. 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No. 383 / 2001 Coll., on the details of waste management, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.03.2010 |
|---|---|
| Effective from | 01.04.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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