LEGAL REGULATION OF THE WASTE MANAGEMENT



JUDr. Ilona Jančářová, Ph.D.

SPRING 2008

                                         Waste management:



!   storage,

!   treatment,

!   disposal

!   transportation

!   export, import etc.

!   collection,

!   handling,

!   sorting

!   usage and other activities related to the waste

                               Techniques, how to discard  the waste:



!  burning

!  dumping into water – water act

!  putting into lagoons

!  landfilling

!  biological and other methods



                                          Sources of law :

!   Act N. 185/2001 Coll., on wastes

!   Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of
shipments of waste within, into and out of the European Community

!   Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on
shipments of waste

   Problem of waste disposal is related to other laws:    



!   Construction Act N. 183/2001 Coll.

!   Act N. 477/2001 Coll. on packaging

!   Air Act N. 86/2002 Coll.



                                  Act N. 185/2001 Coll., on wastes

Goals:

!  to regulate the generation, handling and transportation and disposal of waste

!  to prevent careless disposal practices

!  to ensure it in safe and regulated manner

                                  Act N. 185/2001 Coll., on wastes



!  to protect human health and environment



!  to reduce or eliminate the generation of waste and the toxicity  of  hazardous waste

                                      DEFINITION OF THE WASTE

Waste –

   any movable thing which a person intends to dispose of or which must to be disposed of according
to special laws (Alimentary Act/Food Act)

   different groups of waste are listed in the annex of the Act

                                         WASTE - DEFINITION

   Waste Act applies to the management of all wastes except of those listed in the Act:

!  radioactive waste

!  effluents discharged under the Water act (waste waters)

!  pollutants emited into the air

!  human and animal corpses etc.

                                         WASTE - DEFINITION



!  Hazardous waste

!  Municipal waste

!  Selected waste with special regime

!  Other waste

                                          Hazardous waste:

!  waste listed as hazardous waste in the regulation

!  any other waste having one or more dangerous characters defined in annex 2 of the Act

!  mixture of wastes containing hazardous compound  or listed HW

                                          Hazardous waste:



!  listed

!  characteristic

!  mixture of wastes containing hazardous compound



   Delisting petition

                                          Municipal waste

!  waste produced in the municipality by natural persons except of persons while doing business



!  the originator of municipal waste is considered to be the municipality

                             Selected wastes with special requirements:

!  Wastes containing PCBs

!  Waste oils

!  Accumulators

!  Waste water treatment plant sediments

!  Wastes from the production of titanium oxide

!  Asbestos

!  Car-wracks

!  Electric and electronic appliences

                               Persons engaged in waste management :



!  generators

!  transporters

!  treatmemnt and usage facilities

!  waste collection and purchase facilities

                                          Regulatory tools



!  Catalogue/register of wastes

!  Special regime for hazardous waste

!  Duties of persons

!  Approvals and opinions

!  Waste manager

!  Waste management plans

!  Economic tools



                                          Regulatory tools



!  Post closure requirements for the landfills

!  Special rules for export, import and transit of wastes

!  Record-keeping and reporting requirements

!  Sanctions

!  Criminal liability under Penal Code

                                        State administration

!  MOE

!  Ministry of Health

!  hygienic offices

!  Ministry of agriculture – inspection of the use of sediments

!  Czech Environmental Inspectorate

!  custom offices

!  regions

!  municipalities