A waste collection and/or processing permit must be obtained before such an activity is started. Depending on the type of activity and location, an application for a permit should be submitted to:

 

1. the head of province (marszałek województwa) if the project: 

a) may have an ongoing significant impact on the environment,

b) relates to non-hazardous waste that is recovered by backfilling, if the amount of waste placed in a pit or sinkhole is not less than 10 tonnes per day or the total capacity of a pit or sinkhole is not less than 25 000 tonnes,

c) relates to municipal installations,

d) relates to a waste collection permit as long as the maximum combined weight of all types of waste stored over a year exceeds 3 000 tonnes,

2. the Regional Director for Environmental Protection – if waste is processed in enclosed areas,

3. the chairperson of a district executive board (starosta) – in other cases.

If the activity carried out consists in collecting and processing waste within the same premises, an economic operator may apply for a single permit covering both collection and processing of waste.

On the basis of the application, the public administration body will determine detailed conditions that must be met if such activities are to be carried out. Non-compliance is punishable by an administrative fine of PLN 1 000 to PLN 1 million. Carrying out waste collection and/or waste processing activities without the required permit, in turn, is subject to a fine of PLN 1 000 to PLN 1 million.

The public administration office may grant a permit for waste collection and/or waste processing if:

• the application satisfies all statutory requirements;
• opinions have been issued after the inspections of the installation, facility, part of the facility or other waste storage site, provided that such inspections were carried out by:
  • the regional environmental protection inspector (the opinion may be negative or positive),
  • Fire Brigade (the permit may be issued only if the opinion is positive).

The public administration office may decide not to issue a waste collection and/or waste processing permit if a planned waste management method:

• could pose a risk to human life or health or to the environment;
• is not compatible with waste management plans;
• is not compatible with legal regulations, including local law; 
• if the public administration office revoked the economic operator’s permit for this type of activity within the last ten years.

The obligation to obtain a permit for waste collection and/or processing does not apply, among others, to

• natural persons or organisational units other than economic operators, using waste for their own purposes,
• entities required to obtain an integrated permit, which also covers the processing of waste,
• operators holding a waste generation permit (that covers waste collection or waste processing),
• entities occupying real property and collecting municipal waste generated on that real property,
• entities that collect packaging waste and waste in the form of used consumer goods but carry out activity other than waste management activities, e.g. collection of medicines and medicine packaging by pharmacies, collection of used consumer goods in shops, waste collection systems in schools, educational facilities, public administration offices and institutions.

A full list of entities exempted from the obligation to obtain a permit for waste collection and/or waste processing can be found in Article 45(1) of the Waste Act of 14 December 2012.

The permit for waste collection and/or waste processing expires:

• after the expiry of the period for which it was issued;
• if the activity covered by the permit is stopped (or when, for other reasons, the permit has become irrelevant);
• at the request filed by the economic operator with the public administration office;
• if the activity has not been started within one year of the date on which the permit became final;
• if the activity covered by the permit has not been carried out for two years.

BDO REGISTER (WASTE DATABASE REGISTER)

On 24 January 2018, the Ministry of the Environment launched an electronic BDO register. The system is operated by heads of provinces, and all entities involved in waste management must be entered in the register.

A registration or update form for the purpose of deletion must be submitted electronically by the party to the competent head of province determined based on the registered office or the place of residence. The economic operator is required to apply for registration before starting its activity. When making an entry in the register, the head of province assigns an individual BDO registration number to the entity and notifies it to the economic operator.

Economic operators are required to display the registration number when they:

• place electrical and electronic equipment on the market and act as authorised representatives,
• place batteries or accumulators on the market;
• place vehicles on the market;
• are manufacturers, importers and intra-Community purchasers of packaging,
• place packaged products on the domestic market;
• place tyres on the domestic market;
• place lubricating oils on the domestic market.

The following persons and entities are exempted from the obligation to be entered in the BDO Register:

• a natural person and an organisational unit other than an economic operator, using waste for their own purposes;
• an entity in possession of land on which municipal sewage sludge is used to cultivate crops for the production of compost or crops not intended for consumption and feed production;
• an entity which, outside of its professional activity, collects packaging waste and waste such as used consumer goods, for example medicines and their packaging;
• entities which transport waste they generated themselves;
• a farmer carrying out its farming activities within an agricultural area of less than 75 ha.

Where should the registration number be placed?

The registration number should be used in documents related to product and waste activities (e.g. VAT invoices, fiscal cash register receipts, sales and purchase contracts, reports, waste transfer sheets, waste record sheets) carried out by companies that generate, transport, collect or process waste and are required to keep waste records.

Fees

Registration and annual fees must be paid only by economic operators who:

• place electrical and electronic equipment on the market and act as authorised representatives;
• place batteries or accumulators on the market;
• place vehicles on the market;
• are manufacturers, importers and intra-Community purchasers of packaging;
• place packaged products on the domestic market;
• place tyres on the domestic market;
• place lubricating oils on the domestic market.

The registration fee/annual fee should be paid to the account of the office of the competent head of province determined based on the registered office or the place of residence. The account numbers can be found on the public administration offices’ websites.

The annual fee for a specific year should be paid by the end of February of that year. The fee is not charged in the year in which the registration fee has been paid.

What is the registration/annual fee?

• PLN 100 – microenterprises
• PLN 300 – other enterprises

Register of economic operators collecting municipal waste from residents

To carry out an economic activity that consists in collecting municipal waste from real property owners, an economic operator must be entered in the register in the municipality where such activity is carried out. Each municipality has its own register. If the activity is carried out in two or more municipalities, an economic operator must be registered in each of them. Having successfully verified the application submitted by an economic operator, the public administration office assigns a registration number to the company and issues a certificate confirming entry in the register. The entry is made for an indefinite period.

The entry in the register is made within seven days of the date of receipt of the application. If the head of a municipality or the mayor of a town or city fails to meet this deadline, and 14 days have elapsed since the date of receipt of the application, the economic operator is allowed to start the activity.

Any changes to the data entered in the register must be notified within 14 days.

The head of a municipality or the mayor of a town or city may prohibit an economic operator from carrying out the activity covered by the registration (and remove it from the register) in cases where:

a) the economic operator has submitted a declaration that was inaccurate;

b) the economic operator has not remedied violations within the time limit set by the public administration authority;

c) it was established that the economic operator was in flagrant breach of the conditions envisaged by law that must be complied with to carry out regulated activity pursued by the economic operator.

The public administration office will also refuse to make an entry if the company fails to meet conditions required for such an entry.

Removal from the register is also effected by means of a decision in cases where:

a) a final judicial decision prohibiting the economic operator from carrying out the economic activity covered by the entry has been issued;

b) it has been established that the economic operator has permanently ceased to carry out economic activity in the municipality covered by the entry;

c) it has been established that the economic operator had transferred unsegregated (mixed) municipal waste to installations other than municipal installations for the second time (subject to Article 9e(1c) and (1d) of the Act);

d) the economic operator has failed to submit the report within 365 days of the date indicated in the Act (Article 9n(2)).

An economic operator that has been removed from the register may not be re-entered in the register for the same economic activity before 3 years have elapsed after the date of removal from the register.

Legal basis: Act of 13 September 1996 on the Maintenance of Cleanliness and Order in Municipalities.

Detailed requirements applicable to economic operators that collect municipal waste from real property owners are described in the Regulation of the Minister for the Environment of 11 January 2013 on Detailed Requirements for the Collection of Municipal Waste from Real Property Owners. The obligations of an entity that is entered in the register and collects municipal waste from real property owners under individual contracts are described in the Act of 13 September 1996 on the Maintenance of Cleanliness and Order in Municipalities.

Obligations related to the generation of by-products

Economic operators generating by-products must submit a declaration for the purpose of recognising the object or substance as a by-product to the head of province’s office (competent for the place where the production process is performed). A decision confirming compliance is issued for a maximum of 10 years. If the production process or the process of using the object or substance changes, the economic operator must submit a new declaration for the purpose of recognising the object or substance as a by-product.

It is not required to submit declarations for the purpose of recognising the object or substance as a by-product with respect to objects or substances listed in Article 11(5) of the Waste Act, which are deemed exempted.