Articles

Fifth amendment to waste act

Written by Andrea Obuchová

The Environment Ministry has drafted a bill (“Bill”) with the aim to amend not only Act No. 79/2015 Coll. on waste (“Act”) but also other acts. The reason for introducing the Bill, which is the fifth amendment to the Act, is to implement Regulation (EU) No. 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and on amending Regulation (EC) No. 1013/2006 of the European Parliament and of the Council and Directive 2009/16/EC, and to accommodate the requirements stemming from the application of this legislation.

By revising the Act’s Section 15, the Bill introduces a single procedure to be followed by all waste management state agencies in the resolution of cases of illegal waste dumping.

1.     Special Financial Reserve

The Bill amends the obligation to retain funds in a special financial reserve by providing the option for landfill site operators to transfer any funds, which are in excess of the reserve amount stipulated by the Act, to a special account earmarked for keeping the special financial reserve. This change will allow operators of landfill sites to decide the ideal amount that will be transferred from the special financial reserve to the special account so that in future the amount of the special financial reserve reflects real costs. The amount of the special financial reserve will from now on be calculated quarterly instead of annually, and the Environment Ministry has been appointed the agency authorised to issue written certificates confirming the amount of money contained in the special financial reserve.

 

2.     Cross-Border Shipment of Used Batteries and Accumulators

The Bill also sets requirements for transporting used batteries and accumulators that the Act classifies as ‘waste’. The purpose of these requirements is to prevent transport of used batteries and accumulators for the purpose of reusing them in a manner contrary to the special regulation governing cross-border movement of waste (Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste).

 

3.     Landfill Site Closure and Construction Proceedings

The Bill further deals with the problem regarding the obligation to close a landfill site or a part of it, where proof of title or of other right enabling construction of a structure constitutes an obstacle to wrapping up construction proceedings by way of issuing a final approval of the construction of a structure. The legislation also introduces the possibility for waste management state agencies to waive the requirement to submit proof of title where the law so allows. Owners of affected land are entitled to apply for compensation with the landfill operator if their rights of using their land have been restricted.

 

4.     Another Option of Landfill Site Closure

The proposed amendment adds another mechanism ensuring that a landfill site is closed. In case a landfill site operator is inactive, the competent state agencies have the option of ordering the operator to take all steps necessary for closing the site within a specified time period. In the event the operator fails to take all the necessary steps within the deadline provided, the competent agency may have the landfill or a part thereof closed at the cost of the operator and the entity (legal person or individual certified to carry out construction work) carrying out the work leading to landfill closure and rehabilitation will be entitled to use the funds contained in the special financial reserve.

               

5.     Targets for Collecting and Sorting Municipal Waste Component – Packaging Waste and Waste from Non-Packaging Products

Last but not least, the Bill introduces targets for collecting packaging waste and waste from non-packaging products that are part of the municipal waste; the targets are expected to improve the collection and the sorting of this type of waste and to reduce the amount of waste dumped at landfills, as Slovakia aims at recycling 50 % of its municipal waste by 2020.

The Bill is proposed to take effect on January 1, 2019.

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