From January, changes in the way construction and demolition waste is segregated
From 2025 segregation of construction and demolition waste at the place of its generation will not be mandatory. The abolition of the obligation to segregate at source (which has not even entered into force yet) is provided for in the draft amendment to the Waste Act, which the Council of Ministers adopted during the session of 29 October 2024.
Abolition of the obligation to separate construction and demolition waste at source
The most important provisions of the amendment are the abolition of the obligation to segregate , i.e. selective collection of construction and demolition waste at the place of its generation and the definition of responsibility for segregating waste fractions. Every entrepreneur generating construction and demolition waste will be obliged to segregate at least 6 fractions at the place of generation:
- wood waste,
- metal waste,
- glass waste,
- plastic waste,
- plaster waste,
- mineral waste, including concrete, bricks, tiles, ceramics and stones.
The draft amendment to the Waste Act was created in response to interpretation doubts and potential problems with the organization and costs of selective collection reported by representatives of the construction industry. The previous version of the regulations, which were to enter into force on January 1, 2025, did not clearly state who is responsible for selective collection and collection of construction and demolition waste. The need to sort them into 6 fractions at the place of generation would also cause a sharp increase in the costs of removing such waste, which in turn could contribute to their illegal storage and disposal directly into the environment .
The waste producer will be able to order segregation
According to the provisions of the act amending the act on waste, an entrepreneur generating construction and demolition waste will be able to transfer it to another authorized entity, which will take over the obligation to separate it into at least 6 fractions outside the place of generation. Importantly, transferring waste to another entity does not completely release the producer of construction and demolition waste from the responsibility for fulfilling the obligation to separate it. If this obligation is not fulfilled due to the fault of the entity that took over the waste, both entities (the producer and the recipient) will be jointly and severally liable for it. The new regulations are to enter into force on 1 January 2025.
Handling construction and demolition waste according to the hierarchy
In the justification for the draft act, its authors emphasized the need for entrepreneurs to comply with the so-called waste management hierarchy:
entities providing services in the field of construction, demolition, renovation of facilities (construction contractors) are obliged to prevent waste generation. [i]
First of all, actions should be taken to prevent the generation of construction and demolition waste. Selective waste collection should only take place when the materials are no longer suitable for reuse . The segregation itself is to ensure suitability for preparation for reuse, recycling and other recovery. Regardless of the place of sorting (at the place of generation or outside the place of generation), individual fractions of construction and demolition waste should then be transferred to specialized entities that will deal with their further management. For this purpose, it is often necessary to order professional collection of construction and demolition waste from a specified address offered by, among others, a waste collection company such as Interzero. [i] https://orka.sejm.gov.pl/Druki10ka.nsf/0/A065E318FFC3BE21C1258BC70041F23F/%24File/766-sprawiedliwenie.docx
