LEGAL REGULATION OF THE WASTE MANAGEMENT JUDr. Ilona Jančářová, Ph.D. SPRING 2008.

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Presentation transcript:

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