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Waste Management Act

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Waste Management Act WASTE MANAGEMENT ACT In force from 13.07.2012 Prom. SG. 53/13 Jul 2012, amend. SG. 66/26 Jul 2013, amend. SG. 61/25 Jul 2014, amend. SG. 98/28 Nov 2014, amend. SG. 14/20 Feb 2015, amend. and suppl. SG. 105/30 Dec 2016, amend. and suppl. SG. 13/7 Feb 2017, amend. SG. 85/24 Oct 2017, amend. and suppl. SG. 88/3 Nov 2017, amend. SG. 102/22 Dec 2017, amend. and suppl. SG. 53/26 Jun 2018, amend. and suppl. SG. 77/18 Sep 2018, amend. and suppl. SG. 98/27 Nov 2018, amend. and suppl. SG. 1/3 Jan 2019 Chapter one. GENERAL PROVISIONS Art. 1. (1) This act shall regulate the measures and control for environment protection and human health by preventing or decreasing the harmful impact by formation and management of waste, as well as through decreasing the whole impact from using resources and through increasing the effectiveness of this use. (2) This act shall determine the requirements for products, which in the process of their production or after their end use form dangerous and/or mass disseminated waste, as well as the requirements for extended responsibility of the producers of these products in view to encouragement the second use, prevention, recycling and other type use of the formed waste. (3) The waste management has as its purpose to prevent or decrease their harmful impact on human health and environment and is carried out in compliance with the requirements of the normative acts on: 1. protection of water, air, soil, plants and animals; 2. noise and smells, and 3. protection of the environment and places, which are subject to special protection. Art. 2. (1) This act shall apply to: 1. household waste; 2. industry waste; 3. construction waste; 4. dangerous waste. (2) This act shall not apply to: 1. radioactive waste; 2. waste gasses, emitted in the atmosphere air; 3. land (in situ), including non-dug, polluted soil and buildings, permanently connected with the land; 4. non-polluted soil and other materials in natural state, dug during construction activities, where it is sure, that the material will be used for construction purposes in their natural state on the ground, from which it was dug; 5. end-of life explosives; 6. faeces matter, different from the one, classified in p. 8, straw and other natural not dangerous materials of agriculture or forest farms, used in agriculture and forestry, or for production of energy of such biomass by-processes or methods, which do not harm the environment and do not endanger human health; 7. (amend. – SG, 105/16) the following wastes, where they fall in the applicable field of EU legislative acts, which doe not provide for public relations in reference to the waste management: a) waste waters; b). by-products, including derived products, falling the applicable field pursuant to Regulation (EC) N 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ, L 300/1 of 14 November 2009), called hereinafter "Regulation (EC) N 1069/2009", with exception of animal products, intended for incineration, landfill site or use in installation for biogas or compost; c). corpses of dead, but not slaughtered animals, including such, which are killed, in order to stop dissemination of epizootic illnesses and which are disposed in compliance with Regulation (EC) N 1069/2009; d). waste, obtained from research, production, processing and storage of mineral raw materials and during exploitation of quarries, falling the scope pursuant to the Underground National Resources Act; 8. (repealed – SG, 105/16) 9. (repealed – SG, 105/16) 10. (repealed – SG, 105/16) 11. residues, moved to surface waters I view to management of waters and water sites or prevention of floods or decreasing the results from floods or droughts, or re-cultivation of lands, if it has been proved that this does not contradict other acts and the residues do not have dangerous properties. Art. 3. (1) Classification of waste shall be determined by an ordinance of the Minister of Environment and Water and the Minister of Health. (2) (Suppl. – SG, 105/16) The classification pursuant to Para. 1 shall be done according to the list of waste, provided by Commission Decision 2000/532/EC of 3 May 2000, replacing Decision 94/3/EC establishing a list of waste pursuant to Art. 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Art. 1(4) of Council Directive 91/689/EEC on hazardous waste, called herinafter “Decision 2000/532/EC”. The list of waste includes hazardous waste, accounts for the origin and composition of waste and where necessary – the limited admissible values for concentration of hazardous substances. (3) The list of waste pursuant to Para. 2 shall be obligatory in relation to determination of waste, which must be considered as hazardous. Including a substance or object in the list means that it is a waste pursuant to all circumstances. Substance or object shall be considered as a waste only in cases it meets the definition pursuant to § 1, p. 17 of the Additional Provisions. (4) Certain waste may be considered as hazardous even if it has not been included as hazardous in the list of waste in the cases, where it shows one or more of the properties, indicated in Annex No 3. (5) Where there are doubtless evidences that a certain waste, included in the list of hazardous waste, does not show any of the properties, listed in Annex No 3, it may be considered as not hazardous. (6) Re-classification of the hazardous waste as not hazardous shall not be carried out by dilution or mixing of waste in view to decreasing the initial concentrations of hazardous substances to levels pursuant to the limit admissible values for concentration of hazardous substances, determining the waste as hazardous. (7) Taking samples and analyses of the composition and properties of waste in view to establishing the declared data and classification of waste shall be carried out by accredited laboratories. Art. 4. (1) Substance or object, which are result of a production process, whose basic purpose is not their production, shall be by-product, and not waste in the meaning of § 1, p. 17 of the Additional Provision, if the following conditions are observed simultaneously: 1. their further use is clearly defined; 2. there is possibility for their direct use without special additional processing, which is different from the usual production practice; 3. they have been obtained as an inseparable part from the production process; 4. their further use is legal, i.e. they meet all applicable requirements to the products, the environment protection and human health, related to their concrete use and they will not lead to thorough hazardous impact on the environment and human health. (2) (suppl. – SG, 105/16) Defining a certain substance or object as by-product shall be done by a motivated decision of the Minister of Environment and Water, or of an official, authorized by him for each case pursuant to criteria, defined by an act of the European Commission. (3) (New – SG, 105/16) For issuance of a decision under Para. 2, the interested persons shall submit an application to the Minister of Environment and Waters, or to an official, authorized by him, to which evidences shall be attached, certifying fulfillment of one of the conditions under Para. 1. (4) (New – SG, 105/16). The Minister of Environment and Waters or an official, authorized by him shall estimate the compliance of the information in the application and the attached documentation with the conditions of Para. 1 and if needed, shall require within 1 month term form the applicant provision of additional information for clarifying the facts and circumstances. (5) (New – SG, 105/16). Within the term up to 2 months from receiving the application or provision of additional information under Para. 4, the Minister of Environment and Waters or an official, authorized by him shall pronounce with a grounded decision under Para, 2m containing conditions, measures and restrictions, or shall refuse with a grounded decision. (6) (New – SG, 105/16). In case of a change in the circumstances, indicated in the application and the attached documentation under Para. 3, the applicant shall be obliged to notify in writing the Minister of Environment and Waters, or an official, authorized by him within 7 day term form occurrence of the change. (7) ((New – SG, 105/16). The Minister of Environment and Waters or an official, authorized by him shall repeal the decision under Para. 2 or a repeated imposed property sanction with an enforced penal decree for failure to fulfill a condition in the decision. (8) (New – SG, 105/16, suppl. - SG 77/18, in force from 01.01.2019) The decision under Para. 2, the refusal under Para. 5 and the decision for repeal under Para. 7 shall be appealed before the relevant administrative court under the Administrative – procedure Code. The appeal of the decision shall not stop its implementation. Art. 5. (1) Certain waste cease to be waste in the meaning of § 1, p. 17 of the Additional provisions, where they have passed a process of recovery, including recycling and meet criteria, in conformity with the following conditions: 1. for recovery of the substance or object for specific purposes, a certain practice is available: 2. for the substance or object there is a market or demand; 3.
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