Act of the Czech National Council No. 62 / 1992 Coll.
Act of the Czech National Council on fees for waste storage
Valid
Effective from 01.04.1992
62
THE LAW
Czech National Council
of 22 January 1992
on charges for the disposal of waste
The Czech National Council decided on this law:
(1) A fee shall be paid for the disposal of waste by the legal and natural persons operating the landfill (hereinafter referred to as the "landfill operator ').
(2) The landfill is for the purposes of this Act the space, object or facility used to store waste for disposal (1)
(3) The amount of the levy is decided by the Czech Environmental Inspection2 (hereinafter referred to as "the inspections").
(1) The amount of the fee depends on the quantity and category3) of waste deposited in the landfill.
(2) The fee for the category of waste shall be fixed by multiplying the amount of waste deposited and the rates I or I and II listed in the Annex, which is part of this Act.
(3) The operator of the landfill shall pay a fee calculated on the basis of the rate I; if the landfill does not meet the conditions laid down for the operation of the landfill by special regulations, 4) the rate I shall be increased by the rate II.
(4) The sum of the charges for the disposal of waste of each category in one landfill per calendar year constitutes the total cost of the landfill.
(5) If the operator has more than one landfill, the fee under this Act shall be paid separately for each landfill.
(6) The charge is not subject to the soil and the depth used for the technical security of the landfill according to the operating rules of the landfill.
(1) The landfill operator shall separately calculate the fee for each landfill and notify the inspection in writing of this calculation by 15 February or by the end of the calendar quarter in which the landfill operation began. The notification shall include the information necessary to determine the amount of the fee according to the facts of the previous year or, for newly opened landfills, an estimate of that fact. At the same time, it shall submit the documents for the exercise of the right to defer the increase of the rate II fee. If the landfill operator fails to comply with this obligation, the inspection shall take a decision on the fee on the basis of its own data on the landfill. 5)
(2) The inspections shall examine the information contained in the notification and issue a decision containing:
(a) the amount of the fee and, where appropriate, the conditions for deferring the payment of part of the fee within the meaning of paragraph 4;
(b) the recipient of the fee.
(3) The landfill operator shall pay the fee on its own calculation of the advance payment in quarterly instalments, equal to a quarter of the fee for the previous calendar year, within 25 days of the end of the calendar quarter. The advance payments paid shall be settled with payments corresponding to the decisions imposing the charge within 15 days of the decision being taken.
(4) If the landfill operator commences work to bring the landfill into compliance with the conditions laid down for the operation of the landfill by specific regulations, the inspection shall defer the payment of the charge of the II rate of 60%. Where the landfill operator completes such work in accordance with the conditions laid down in the deferral decision, the inspection shall issue a decision to waive the obligation to pay the fee. In the event of non-compliance with the conditions for deferral, inspections shall decide on the obligation to pay the fee and shall set a time limit.
(5) For failure to fulfil the obligations referred to in paragraph 1 or 3, inspections shall impose a fine on landfill operators of up to 10 000 Kcs.
(1) Fees at rate I am the revenue of the budget of the municipality in whose territorial district the landfill is located and will be used preferably to improve the environment. Where both the payer and the payee of the charge under the rate I is the municipality in which the landfill is located, the charge under the rate I shall not be measured.
(2) The increase of the rate II fee is the income of the State Environmental Fund of the Czech Republic. 6)
(3) If a landfill is located in the territory of several municipalities, this income shall be divided proportionally according to the size of the part of the landfill situated in the cadastral of the municipality.
(1) In the notification referred to in Article 3 (1) for 1992, the landfill operator shall provide a calculation of the fee according to the quantity of waste deposited and provide proof of entitlement to the deferral of the fee payment at rate II.
(2) The first fee advance in 1992 shall be paid within 25 days of the end of the second calendar quarter or after the end of the calendar quarter when the landfill operation began.
(3) The operator shall notify the inspection by 30 January 1993 of the sum of the fees paid, including their calculation. The inspections shall examine the documents and issue a decision on the fee for 1992.
(4) The landfill operator is obliged to notify the inspection of the operation of the landfill within 60 days of the entry into force of this Act of the operation of the landfill.
The Ministry of the Environment of the Czech Republic may provide by decree details of the classification of waste into the relevant landfill groups listed in the Annex, which is part of this Act.
This Act shall take effect on 1 April 1992.
Burešová v. r.
Pithart v. r.
Annex to Act No. 62 / 1992 Coll.
Rates of charges for landfill disposal
| Druhy a kategorie odpadů3) | Sazba I (Kč xt-1) | Sazba II (Kč xt-1) | |||||
|---|---|---|---|---|---|---|---|
| 1992 | 1993 | 1994 | 1995 | 1996 | |||
| 1. | Zeminy a hlušiny | 0 | 1 | 3 | 6 | 6 | 6 |
| 2. | Ostatní (mimo zeminy a hlušiny) | 10 | 25 | 70 | 140 | 140 | 140 |
| 3. | Tuhý komunální odpad | 20 | 20 | 70 | 210 | 210 | 210 |
| 4. | Zvláštní odpady mimo nebezpečných a tuhých komunálních odpadů | 40 | 110 | 320 | 640 | 640 | 640 |
| 5. | Nebezpečné odpady | 250 | 3000 | 4000 | 5000 | 5000 | 5000 |
1) Paragraph 2 (9) of Act No. 238 / 1991 Coll., on Waste. § 34 of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended.
2) § 1 (4) of the ČNR Act No. 282 / 1991 Coll., on Czech environmental inspection and its competence in forest protection. Act No. 311 / 1991 Coll., on State Administration in Waste Management.
3) Measures of the Federal Committee on the Environment declaring the categorisation and catalogue of waste, item 69 / 1991 Coll.
4) E.g. § 13 of Act No. 138 / 1973 Coll., on Water (Water Act), MLVH Decree ČSR No. 6 / 1977 Coll., on the Protection of Quality of Surface and Groundwater.
5) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
6) Act ČNR No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 62 / 1992 Coll., on Charges for Waste Storage |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.1992 |
|---|---|
| Effective from | 01.04.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0