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LEGAL REGULATION OF
THE WASTE MANAGEMENT
Doc.JUDr. Ilona Jančářová, Ph.D.
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
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EU LAW
Directive 2008/98/EC on waste
Regulation (EC) No 1013/2006 on
shipments of waste
Many others
CZECH LAW:
Act N. 185/2001 Coll., on wastes
Directive 2008/98/EC on 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
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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)
different groups of waste are listed in the
annex of the Waste Act
C-1/03 Paul Van der Walle and Others
v Texaco Belgium SA (ECJ)
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.
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BY-PRODUCTS
By-products – a substance or object,
resulting from a production process, the
primary aim of which is not the
production of that item is not considered
to be a waste if:
Further use of the substance is certain
The substance can be used directly
without any further processing
The substance is produced as an integral
part of a production process
Further use is lawful
END-OF-WASTE STATUS
Certain specified waste shall cease to be waste
when it has undergone a recovery, including
recycling, operation and complies with specific
criteria … if
The substance is commonly used for specific
purposes
A market or demand exists for it
The substance fulfills the technical requirements
and meets existing legislation
The use of the substance will not lead to overall
adverse environmental or human health impacts
WASTE - DEFINITION
Hazardous waste
Municipal waste
Selected waste with special regime
Other waste, including biowaste
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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:
3 criteria to determine HW:
list
characteristics
mixture rule
Delisting petition
Municipal waste
waste produced in the municipality
by natural persons except of natural
persons while doing business
the originator of municipal waste is
considered to be the municipality
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Selected wastes with special requirements:
Wastes containing PCBs
Waste oils
Accumulators
Waste water treatment plant sediments
Wastes from the production of titanium
oxide
Asbestos
End-of-life vehicles
Electric and electronic appliances
Persons engaged in waste management :
generators
transporters
waste collection facilities
treatment and usage facilities
disposal facilities
everybody
WASTE HIERARCHY
Prevention
Preparing for re-use
Recycling
Other recovery, e.g. Energy
recovery
Disposal
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Regulatory tools
Catalogue/register of wastes
Special regime for hazardous waste
Duties of persons
Approvals and opinions
Technical requirements (BAT)
Waste manager
Waste management plans
Economic tools
Regulatory tools
Liability insurance for landfills
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