1 / l 11111 í iji li li i 'Ji EGAL REGIME OF WASTE DISPOSAL Jakub H 8.ri8.k SOC002International andCzech Environmental Law-autumn 201; Outline 1. Background and aims of waste legislation 2. Waste legislation-system 3. Definition of waste 4. Waste management hierarchy 5. Properwaste management 6. Municipal waste 7. Specific waste streams 8. Shipment of waste SOC002 International and Czech Environmental Law-autumn 2017 Aims of waste legislation CIRCULAR ECONOMY □ proper waste management □ without adverse impacts on environment and human health □ reduce generation of waste □ limit hazardous substances in waste □ improve resource efficiency waste as a resource BIOLOGICAL MATERIALS FROM RENEWABLE SOURCES TECHNICAL MATERIALS ear-cfrcular-economy.jpg SOC002 Internationa] and Czech Environmental Law-autumn 2017 European Environment Agency Circular Economy https://www.youtube.com/watch?v=_9mHi93n2AI 4 SOC002 International and Czech Environmental Law-autumn 2017 Czech waste legislation: system □ general framework □ Directive 2008/98/EC on waste (WFD) □ Act no. 185/2001 Coll., on wastes (Waste Act) ■ https://www.m7p.f7/ris/vis-legf □ Municipal ordinances/decrees □ waste management operations □ Regulation (EC) 1013/2006 on shipments of waste □ specific waste streams □ Act no. 477/2001 Coll., on packaging □ Act no. 157/2009 Coll., on mining waste SOC002 International and Czech Environmental Law-autumn 2017 s it waste? http://sitn.hms.harvard.edu/wp-content/uploads/2014/12/Sawdust.jpg http://vdeltagoods.com/content/images/thumbs/0001299_sawdust-briquette_600.jpeg SOC002 International and Czech Environmental Law-autumn 2017 Definition of waste □ „any movable object which the holder discards or intends or is required to discard1 case law of EC] □ subjective and objective elements □ restrictive interpretation is forbidden □ high level of protection □ it is necessary to consider all circumstances SOC002 International and Czech Environmental Law-autumn 2017 s it waste? SOC002 International and Czech Environmental Law-autumn 2017 Case C-9/00 (Palin Granit) □ A company in Finland operates a granite quarry. □ storing of leftover stone and the possibility of recovering that stone by using it as gravel or filling material in constructing breakwaters and embankments □ no intention to produce the leftover stone □ economic value □ composition of the stone □ no danger to environment □ degree of likelihood that the stone will be used SOC002 International and Czech Environmental Law-autumn 2017 By-products □ substance (object) is result from production process □ but primary aim is not the production of the substance □ conditions: □ the substance is produced as an integral part of a production process □ the substance can be used directly without any further processing other than normal industrial practice □ further use is lawful ■ i.e. the substance fulfils all relevant product, environmental and health protection requirements for the specific use ■ will not lead to overall adverse environmental or human health impact further use of the substance is certain SOC002 International and Czech Environmental Law-autumn 2017 r » http://www2.Nchfieiddc.gov.uk/chasewaterdam/fiies/2011/09/8-Regrading-of-north- embankment.jpg 11 SOC002 International and Czech Environmental Law-autumn 2017 End-of-waste criteria □ waste has undergone a recovery and complies with specific criteria based on these conditions: □ the substance is commonly used for specific purposes □ a market or demand exists for such a substance □ the substance fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products □ the use of the substance will not lead to overall adverse environmental or human health impacts □ Regulation (EU) No 333/2011 establishing criteria determining when certain types of scrap metal cease to be waste or No 1179/2012 (glass cullet) □ MS may decide case by case SOC002 International and Czech Environmental Law-autumn 2017 Hazardous waste □ is mentioned in the List of waste (*) □ Commission Decision 2000/532/EC □ displays one or more of the properties listed in Ann III ofWFD; Regulation (EU) No 1357/2014 □ delisting petition □ ban on the mixing of hazardous waste with other waste or substances □ packagingand labelling requirements □ traceability from production to final destination SOC002 International and Czech Environmental Law-autumn 2017 Persons dealing with waste State authorities □ Ministry of Environment □ Czech Environmental Inspectorate □ regional governments and authorities □ municipalities and municipal authorities Private subjects □ waste producers □ person licensed to manage waste □ waste managers □ inhabitants SOC002 International and Czech Environmental Law-autumn 2017 Waste management hierarchy 1 1 Stages Prevention Preparing for re-use r Recycling Other f. ecovery Disposal Includes Using less material in design and manufacture. Keeping products for longer; re-use. Using less hazardous material. _^ Checking, cleaning, repairing, refurbishing, repair, whole items or spare parts. Turning waste into a new substance or product including composting if it meets quality protocols. Including anaerobic digestion, incineration with energy recovery, gasification and pyrolysis which produce energy (fuels, heat and power) and materials from waste; some backfilling operations. Landfill and incineration without energy recovery. https://andrewtmarlnw.files.wnrdpress.rnm/70i 7/05/waste-hierarrhyjpg SOC002 International and Czech Environmental Law-autumn 2017 Development of waste treatment 90 ■■ 2004 2006 2008 2010 2012 2014 -Recover -Total Disposal Source: Eurostat (online data code: env_wa£trt) SOC002 International and Czech Environmental Law-autumn 2017 Waste treatment in the Czech Republic (2015) -1-1-1-1-1-1- 2009 2010 2011 2Ü12 2013 2014 2D15 SOC002 Internationa] and Czech Environmental Law-autumn 2017 Targets (e.g.) □ by 2016/2020 - biodegradable municipal waste going to landfills must be reduced to 35 % of the total amount (by weight) of biodegradable municipal waste produced in 1995 □ by 2020 - the preparing for re-use and the recycling of waste materials such as at least paper, metal, plastic and glass from households and possibly from other origins as far as these waste streams are similar to waste from households, shall be increased to a minimum of overall 50% by weight SOC002 International and Czech Environmental Law-autumn 2017 Figure 1 - Municipal waste treatment methods and waste per capita in the EU-28 (2014) Material recycling Composting and digestion ^■Landfill Incineration -•-waste per capita (In kg| Data source: Eurostat (env wasmun], 2016. Data for IE, EL and RO relate to 2013. 19 SOC002 International and Czech Environmental Law-autumn 2017 Proper waste management □ MS shall take the necessary measures to ensure that waste management is carried out without endangering human health and the environment □ permits for waste treatment facilities (see later) □ transfer waste only to persons licensed to handle waste □ enforcement: inspections => penalties SOC002 International and Czech Environmental Law-autumn 2017 Waste installations □ shall obtain a permit from the competent authority □ may be granted for a specified period □ shall contain ■ the types and quantities of waste that may be treated ■ the method to be used for each type of operation technical and any other requirements ■ after-care provisions □ EIA, IPPC □ e.g. landfill of hazardous waste, waste incineration plants SOC002 International and Czech Environmental Law-autumn 2017 Landfilling of waste □ landfilling is the worst waste management option ■ greenhouse gas - loss of resources-soil and water pollution □ landfill: „waste disposal site for the deposit of the waste onto or into land (i.e. underground)" □ landfill classes □ for hazardous - non-hazardous - inert waste □ proper treatment □ permit is necessary □ technical conditions (requirements) SOC002 International and Czech Environmental Law-autumn 2017 Landfilling of waste (2) □ the following waste may not be deposit: □ liquid waste, tyres, waste with certain properties (e.g. explosive, flammable), infectious clinical waste □ residual municipal waste and recyclable waste: since 2024 □ closing and after-care □ closed after final on site inspection carried out by competent authority □ operator remains responsible for maintenance and control of the site ■ as long as is required by the authority (at least 30 years) ■ adequate financial security SOC002 International and Czech Environmental Law-autumn 2017 Economic instruments □ Art. 14 WFD-„/m accordance with the polluter-pays principle, the costs of waste management shall be borne by the original waste producer or by the current or previous waste holders." □ broad discretion by MS □ in the Czech Republic (e.g.) □ landfilling fee □ local fee for handling of household waste □ payment for recovery and recycling of packaging waste SOC002 International and Czech Environmental Law-autumn 2017 WMP&WPP □ Waste management plans □ obligation of MS □ WMP shall cover the whole territory of the MS ■ CZ: state - regional - cities ■ https://www.mzp.cz/cz/plan_odpadoveho_hospodarstvi_aj □ evaluation at least every sixth year =^> review □ Waste prevention programmes □ description and evaluation of existing prevention measures □ https://www.mzp.cz/C1257458002F0DC7/cz/predchazeni_vzniku_0 dpadu_navrh/$FlLE/00-EN_WPP_Czech-20i50407.pdf SOC002 International and Czech Environmental Law-autumn 2017 Municipal waste: definition □ all waste generated in the territory of a municipality in connection with the activities of natural persons and which is stated to be municipal waste in an implementing legal regulation, with the exception of waste produced by legal entities or natural persons authorized to conduct business □ proposal of new definition in WFD □ waste from other sources that is comparable to household waste in nature, composition and quantity □ waste from street cleaning services, the content of litter containers, waste from park and garden maintenance SOC002 International and Czech Environmental Law-autumn 2017 Municipal waste: obligations □ municipality is a waste producer of municipa waste □ municipality acquire ownership of the waste when it is deposited in containers □ separate collection of paper, plastic, metal, glass and bio-waste (since April to October) □ waste collection fee □ fee for municipal waste (PAYT) vs. local fee SOC002 International and Czech Environmental Law-autumn 2017 Bin there, done that! Thrifty nurse, 34, saves $30,000 on groceries by DUMPSTER DIVING for four years - and she now owns a $1 million apartment • Mel Humphreys, 34, is a savvy nurse from Sydney's west • She has been dumpster diving for the past four years and saved $30,000 • She recently was able to afford a $1 million apartment just outside of the CBD • Mel has shared photos of her incredible grocery hauls from the bins • 'I couldn't believe I could get all this food for free from a bin,' she said By CATERS NEWS AGENCY PUBLISHED: 03:31 GMT, 17 August 2017 | UPDATED: 04:30 GMT, 17 August 2017 A savvy nurse is now the proud owner of a $1 million Sydney apartment after saving more than S30,000 by eating out of bins for four years http://www.dailyrnail.rn.tjk/fciTia il/artirle-4797S70/.Sydney-woman-5>ave5i-30-ooo-grorerie5i-nUMPSTFR-niVINC.html S0C.002 International and Czech Environmental Law-autumn 2017 Home > Student from abroad > International Student Guide > Waste collection fee Waste Collection fee Masaiyk University is not responsible for this waste collection fee and is not able to provide further information If you have any queries, please use contact details below. WHO PAYS From 1st January 2013, the local fees for Brno municipal waste collection shall be paid by all foreign nationals (EU and non-EU) staying in Brno for more than 3 months (detailed description is also available at the City of Brno web pages). The foresaid are obliged to 1) pay the fee for the respective number of months and a 2) report this fact to the fee administrator (read on). This is only informative list of details, the description in full is available at the web pages of the City of Brno https://czs.miinixz/en/stiident-from 29 SOC002 Internationa] and Czech Environmental Law-autumn 2017 BRNO EXPAT CENTRE Free public service supported by the City of Brno Waste collection lee ^^^^ Brno Expat Centre > Our services & FAQ > Waste collection fee All foreign citizens who intend to stay in Brno for longer than 3 months have the responsibility to pay the waste collection fee. ~ le fee neecis to bs paic by May 31 (f vol. air ve bsfors May 31) or within 15 days after the commencement date (if you arrive after May 31). New residents register through the online form to the Environmental Department (in Czech). As for the final line of the form — Datum vzniku poplatkové povinnosti (commencement date) — filf in the date when you arrived in Brno. Residents already registered in previous years don't have to register again: skip this step and proceed to the payment 2. Pay online to 111220022/0800 with your birth identification number (issued by the Czech Immigration office as rodné číslo) or your date of birth (in the format DD.MM.YYYY) as the payment's identification symbol (variabilní symboly OR Pay in cash on Šumavská 33, buiiding A, 9th floor The waste collection fee is set to 670 CZK in 2017. If you arrive later in 2017. you can deduct 56 CZK for each month you hadn't lived here. SOC002 Internationa] and Czech Environmental Law-autumn 2017 Extended producer liability □ duties of producers of products from which the waste came □ an acceptance of returned products □ subsequent management of the waste and financial responsibility for such activities ■ costs of waste management could be borne partly or whol ly by the producer of the product □ e.g. packaging waste, end of life vehicles, batteries, electric and electronic equipment SOC002 International and Czech Environmental Law-autumn 2017 Packaging waste □ packaging: „all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods'1 □ technical requirements □ standards-concentration levels of heavy metals □ recycling targets for materials contained in packaging waste □ collection systems □ by 2015 - separate collection shall be set up for at least the following: paper, metal, plastic and glass (art. 11 WFD) SOC002 International and Czech Environmental Law-autumn 2017 Packaging waste recycling targets ■ Plastic ■ Wood Ferrous metal ■ Aluminium ■ Glass Paper and cardboard Overall SOC002 International and Czech Environmental Law-autumn 2017 34 http://www.ekokom.c7/ijploads/im3ges/kl ienti/o^ SOC002 Internationa] and Czech Environmental Law-autumn 2017 Shipment of waste □ Basel Convention on the Control ofTranshoundary Movements of Hazardous Wastes and Their Disposal a Basel Ban: no export of hazardous waste and waste for disposal to non-OECD countries => WSR in EU 1. notification through competent authority of dispatch 2. prior consent of the authority of destination 3. confirmation of disposal or re-import into the State of dispatch SOC002 International and Czech Environmental Law-autumn 2017 CONNECTING POLICE FOR A SAFER WORLD Search : | Keyword 4 Q Share Print 08 August 2017 Hazardous materials seized in largest global operation against illegal waste SINGAPORE - More than 1.5 million tonnes of illegal waste were discovered worldwide during a global operation coordinated by INTERPOL targeting the illegal shipment and disposal of waste. The rncnth-long :30 days of action' (1-30 June) was the largest global enforcement action against waste crime and trafficking, with police, customs, border and environmental agencies from 43 countries participating. While previous actions have focused on electronic waste, this operation widened its scope to include all types of illegal waste; such as industrial, construction, household and medical waste. Waste crime is a worldwide concern: of the 275 million tonnes of plastic waste generated in 2010, up to 12.7 million tonnes were illegally dumped into the ocean; while in 2014, only 10-40 per cent of the 42 million tonnes of electronic waste generated globally was disposed of through the proper channels. When hazardous waste is improperly disposed, it contaminates the water, soil and air, threatening global health and safety. https://wwwjnterpoljnt/News-and-rnedia/News/2Qi7/N2Qi7-iQQ 36 SOC002 International and Czech Environmental Law-autumn 2017