Administrative law /

The proposed amendments to the law on maintaining cleanliness and order in municipalities and some other acts

The agenda of the meeting of the Council of Ministers covered the draft amendment to the Act of 13th of September 1996 on maintaining cleanliness and order in communes and some other acts (Journal of Laws of 2018, item 1454).

The aim of the changes proposed by the Ministry of the Environment is mainly to strengthen the control of communes over the municipal waste management system, including supervision of companies receiving municipal waste and limiting the price increase for waste management.

According to the assumptions for the above-mentioned project goals are to be achieved through the following solutions:

  • Strengthening the control of municipalities over the municipal waste management system, including supervision of companies collecting municipal waste thanks to:
    • introduction of the necessity of separate announcement and conducting a tender for collection and tender for municipal waste management as a way to prevent illegal practices of entities selected by municipalities through a tender,
    • preventing a flat-rate settlement between the municipality and the entity receiving municipal waste, e.g. by determining the payment by municipalities for waste collection only in relation to the mass of waste sent for processing;
  • The projected limitation of the price increase for waste management is connected in the first place with the abolition of the hitherto obligatory duty of regionalization in the field of bio-waste management, unsorted (mixed) waste and sorting residues and mechanical-biological treatment of municipal waste. The project assumes the possibility of transferring the above waste to be installed throughout the country, and not only to installations located within the waste management regions. In addition, the project provides for the possibility of easier installation. A condition for obtaining decisions regarding the location, construction and processing of waste will no longer be included in the voivodship waste management plan (repealing Article 38a of the Waste Act).

The aim of the project is also to encourage separate collection of municipal waste. This objective would be achieved, in particular, by making the difference between the rate of the charge for picking up separately collected waste and the rate of the fee if the separate collection obligation is not met (twice).

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