Apply for a waste collection permit with the help of Interzero!

The following should apply for a waste collection permit entrepreneurs who plan to:

• start of waste collection from other entities (companies, institutions, individuals),
• to start collecting waste from its own subsidiaries or branches,
• expansion of activities - the company wishes to collect waste with codes other than those included in the issued decision,
• permit renewal - the previous authorisation has expired,
• renewal of the permit - the period for which the previous decision was issued ends.

Certain entities are exempt from the need to obtain a waste collection permit. For a full catalogue of exemptions, see Article 45(1) of the Waste Act.

A waste collection permit is not required for:

• pharmacies that collect medicines and medicine packaging and other non-professional waste collectors,
• shops and other commercial outlets that offer new equipment and collect used equipment,
• schools, offices and other institutions that collect waste (e.g. waste paper, bottle tops),
• natural persons who are not entrepreneurs and who use the waste for their own purposes,
• waste producers who collect, recover or dispose of waste on the site where it is produced,
• the owner of the property who collects municipal waste generated on that property;
• collecting waste from packaging covered by the deposit system from non-professional collectors,
• entities obliged to obtain integrated permits, decisions and concessions covering waste management.

The full catalogue of exemptions from the waste collection permit requirement can be found in Article 45(1) of the Waste Act.

A catalogue of the information to be included in an application for a waste collection permit can be found in Article 42(1) of the Waste Act. Such an application should include:

• the VAT number of the waste holder (applicant),
• indication of the types (codes) of waste the applicant plans to collect,
• indication of where the waste is collected,
• duration of authorisation,
• indication:
  • the place and manner of storage and the types of waste stored,
  • the maximum weight of individual types of waste and the maximum total weight of all types of waste that can be stored at the same time and that can be stored over a period of one year,
  • the greatest mass of waste that could be stored at any one time in an installation, a construction or part thereof or another waste storage facility, based on the maximum capacity of the facility,
  • the total capacity (expressed in Mg) of the installation, facility or part thereof or other storage site,
• description of waste collection method(s),
• a demonstration of the technical and organisational capacity to carry out the waste collection activities properly, with particular reference to professional qualifications or training of staff and the number and quality of installations and equipment in place which comply with environmental requirements,
• indication of the period of activity,
• a description of the monitoring and control activities undertaken as part of the activities covered by the permit,
• a description of the action to be taken in the event of termination of the activity covered by the permit and the associated protection of the site on which the activity has been carried out,
• the proposed form and amount of security for claims,
• information required under separate regulations.

An application for a waste collection permit shall be accompanied by:

• certificate of clean criminal record for environmental and other offences (in the case of Jdg: for the waste holder; in the case of commercial companies or unincorporated entities: for the partner, proxy, member of the management board or member of the supervisory board of the waste holder),
• declaration of no criminal record or of the number of final convictions,
• a statement that the permit (environmental decision) has not been revoked within the last 10 years,
• fire safety report,
• confirmation of payment of the fee fiscal for issuing a waste collection permit.

Other attachments may also be required:

• decision on environmental conditions,
• zoning decision,
• a document proving title to the property,
• power of attorney,
• confirmation of payment of stamp duty on the power of attorney

As a general rule, the decision to issue a waste collection permit is issued within one month of application. However, the time limit may be extended to 2 months, of which the office shall always notify the applicant.

It should be remembered that the decision rendered does not become final until 14 days have elapsed from the date of its receipt or when all parties to the proceedings have abandoned their appeal against the decision.

An application for a waste collection permit shall be submitted to to the competent authority of the place of business:

• the provincial marshalif the activity may have a significant impact on the environment, concerns municipal installations, requires the storage of waste with a total mass of more than 3,000 tonnes per year, concerns non-hazardous waste used for land reclamation (only in cases where the daily quantity of waste subjected to the R14 process does not exceed 10 tonnes and the total capacity of the pit or sink is not less than 25,000 tonnes),
• the regional director for environmental protectionif waste is collected in enclosed areas,
• chief executive - in other cases.

The processing of your application will take place in several stages:

1. Verification of the application - The authority will check the completeness of the data and attachments, and assess whether the information provided on the types of waste is sufficient to establish the risks to health, life and the environment. If formal deficiencies are identified or if there is a need to supplement the information, the authority will call on you to do so within 7 to 14 days.
2. Inspections by WIOŚ and PSP - the office will request an inspection by the provincial environmental protection inspector and the district (city) fire chief of the State Fire Service. Following the inspection, you will be issued with a decision on whether the installation meets the requirements set out in environmental and fire protection legislation.
3. Determination of security for claims - you will be required to provide security for your disposal order. This security may take the form of a deposit, a bank guarantee, an insurance guarantee or an insurance policy. The form and amount of the security will be determined by the authority in an order. Within two weeks of receipt of the order, pay the deposit or deposit the original of the bank guarantee, insurance guarantee or insurance policy with the office which issues the permit.
4. Opinion - the authority will consult with the mayor of the village, town or city with jurisdiction over the location of the planned activity.
5. Issuing a decision - if your application meets all the statutory requirements, you will receive a waste collection permit decision, which will become final within 14 days of its notification.

NOTE: A waste holder who is obliged to obtain a waste collection permit and who carries out waste storage is obliged to maintain a video monitoring system of the waste storage or disposal site. The correctness of the monitoring is verified by the WIOŚ.

A waste collection permit shall be issued for a period of a maximum of 10 years.

You must apply for a waste collection permit before you start your activity. Due to the maximum time for processing the application (2 months) and the time for the decision to become final (14 days) we recommend that the application be submitted as soon as possible, at least 3 months before the planned start of operations.

Collecting waste without the required permit is threatened with an administrative fine of between PLN 10,000 and as much as PLN 1 million, which is why you must refrain from starting your activity until an environmental decision has been issued.

The issuance of a waste collection permit requires the payment of a stamp duty of PLN 616. This fee shall be paid at the time of application.

If you are applying for a permit with the assistance of an attorney (e.g. Interzero), you will also have to pay a power of attorney fee of PLN 17.

The amounts quoted do not take into account the remuneration of environmental consultants, the amount of which depends on the scope of the service.

Yes. All parties to the proceedings (including the applicant) have the right to appeal against the decision issued within 14 days of receipt. The appeal should be submitted to:

• the local government appeals board, if the contested decision was issued by the district governor,
• Minister of Climate and Environment if the contested decision was issued by the provincial marshal,
• General Director of Environmental Protection, if the contested decision was issued by a regional director of environmental protection.

Do you want to appeal a decision? We will help you prepare the appropriate letter. Our experts will analyse your case and select the right arguments. Write to us using the contact form, and you will be contacted immediately to discuss cooperation.