Waste Regulation in Poland

Updated: 14.08.2024

How is the production and management of waste regulated in Poland?

In Poland, waste management regulations are primarily based on European Union legislation. The key legal act is the Waste Act of 2012, which implements Directive 2008/98/EC on waste (the revised Waste Framework Directive).

Specific regulations regarding waste law

Additionally, there are several laws regulating the management of specific categories of waste, including:

• Act of June 13, 2013, on packaging and packaging waste management,
• Act of May 11, 2001, on the obligations of entrepreneurs in waste management and on product fees and deposit fees,
• Act of January 20, 2005, on the recycling of end-of-life vehicles,
• Act of September 11, 2015, on waste electrical and electronic equipment,
• Act of June 29, 2007, on international waste shipments,
• Act of September 13, 1996, on maintaining cleanliness and order in municipalities,
• Act of July 10, 2008, on mining waste,
• Act of April 24, 2009, on batteries and accumulators,
• Act of November 29, 2000, Atomic Law.

EU Waste regulation

Directive 2008/98/EC establishes the legal framework for waste processing in the European Union. Its main goal is to protect the environment and human health through proper waste treatment, waste determination and promoting recovery and recycling techniques.

These actions aim to reduce the demand for natural resources, their more efficient use and promote resource conservation and recovery.

The directive introduces a waste hierarchy, which includes:
1. Waste prevention,
2. Preparing for reuse,
3. Recycling,
4. Other recovery methods, e.g., energy recovery,
5. Disposal.

The directive also introduces the “polluter pays” principle, whereby the costs of waste management are borne by the original waste producer.

Additionally, the concept of “extended producer responsibility” requires producers to take responsibility for their products even after their use has ended.

Waste management must be conducted in a way that does not endanger water, air, soil, plants, or animals and does not cause nuisances such as noise or unpleasant odors.

Waste producers or holders must either process the waste themselves or delegate this task to recognized operators with appropriate permits and subject to regular inspections.

As part of the circular economy package, Directive (EU) 2018/851 amends Directive 2008/98/EC, tightening regulations on waste prevention and promoting sustainable production and consumption models. The new laws and regulations mandate the selective collection of textiles, hazardous waste, and bio-waste. A specific hazardous waste program determining the processes for hazardous waste recycling.

The directive also sets new recycling targets for municipal waste:

• at least 55% by 2025,
• 60% by 2030,
• 65% by 2035.

Member states are required to take actions to promote sustainable development, reduce marine litter, and promote the recovery of critical raw materials.

Waste Storage in Poland

The waste producer is obliged to store them in accordance with the principles of environmental protection and the health and life of people. The storage process must take into account the chemical and physical properties of the waste, including their state of aggregation and potential hazards they may pose.

The waste must be secured against access by third parties and the influence of weather conditions. Depending on the type of trash, it should be stored in appropriate containers, bags, or barrels. In some cases, it is also necessary to apply the requirements specified in the regulation concerning detailed requirements for waste storage.

1. Municipal waste producers,
2. Producers with exemptions from record-keeping requirements
3. Producers conducting simplified waste records when hazardous waste is produced in quantities up to 100 kg per year, and other waste up to 5 tons per year.

Waste storage stages before processing

Waste storage is conducted not only by the producer but also by other waste holders at various stages before processing, such as:

• Initial storage by the producer,
• Temporary storage by the collector,
• Storage by the processor.

Waste storage periods

When storing waste, permissible storage periods must be observed:

• Waste, specifically excluded waste intended for landfill, can be stored for a maximum of 3 years if it results from technological or organizational processes,
• Waste intended for landfill can be stored for a maximum of one year to collect sufficient quantities for transport to the landfill.

These storage periods are calculated cumulatively for all subsequent waste holders, requiring efficient waste management at each processing stage.

How is the waste holder in Poland?

According to the laws and regulations, it is presumed that the landholder is the waste holder on the property. This means that if the waste producer cannot be identified, the entity owning the property where the waste is located is responsible.

Storage and landfilling waste in Poland

It is worth noting that storage and landfilling of waste are two different processes regulated by different rules. Landfilling is a waste disposal process conducted at landfills in process D1, meaning landfilling on the ground or surface.

Moreover, the main requirements for storage are specified in the Waste Act and relevant regulations, while landfilling is regulated by landfill regulations. Monitoring storage sites is a special case that combines the requirements of both processes and is specified in the Regulation on the Video Inspection System for Waste Storage or Storage Sites.

What are the penalties in Poland for illegal waste storage?

Property owners should be particularly vigilant to prevent illegal waste storage on their premises. When renting property for storage purposes, tenants must be controlled to ensure they store material in compliance with rule.

Unauthorized waste storage is subject to fines ranging from PLN 1,000 to PLN 1,000,000.

Waste Production Permit in Poland

A waste production permit is treated as an emission permit, meaning it is subject to all general emission permit requirements. The obligation to obtain such a permit applies only to operators running installations that produce waste. 

The quantitative limits requiring a permit are:

• for hazardous waste – 1 Mg per year,
• for waste classified as non-hazardous – 5000 Mg per year.

Record of produced waste

The waste producer must keep records of produced waste and monitor to avoid exceeding the established limits. If these limits are exceeded, it is necessary to immediately apply for a waste production permit.

These regulations are preventive and concern the planned amount of waste, meaning the installation operator must foresee whether the limits will be exceeded in advance.

Integrated permit vs waste production permit

An integrated permit, covering all types of emissions from the installation, including waste production, does not require separate waste production permits. The integrated permit must include every quantity and type of produced waste, ensuring a comprehensive approach to managing emissions from the installation.

Waste production permit + permit for waste collection or processing

A waste production permit can be combined with a permit for waste collection or processing. In such a situation, the relevant provisions are included in the waste production permit, eliminating the need for separate permits.

The act provides that the competent authority to issue a waste processing permit will also be responsible for issuing a waste production permit, shortening the administrative procedure.

Waste Processing and Collection Permit in Poland

Conducting certain types of activities related to waste management requires obtaining a permit. Among such activities as:

• collection,
• transport,
• processing (recovery and disposal), and
• activities as a waste dealer or broker,

a decision/permit is required for activities involving waste collection and/or processing.

Waste collection in Poland

Waste collection, according to Art. 3(1)(34) of the Waste Act, involves gathering waste before its transport to processing sites. This includes initial sorting that does not significantly change the character and composition of the waste and temporary storage.

These activities result from waste production and aim at further management through recovery or disposal.

Waste processing in Poland

Waste processing includes its recovery or disposal and preparation for these processes.

Recovery means a process whose main result is the useful application of waste by replacing other waste materials or preparing waste to perform a given function in the economy.

Waste disposal is a process that is not recovery, even if the secondary effect is the recovery of substances or energy. A detailed list of recovery and disposal processes is included in the annexes to the Waste Act.

What are the types of waste licenses in Poland?

Waste collection and/or processing activities can be covered by one permit if such a request is made by the waste holder.

Financial security for waste permit

Additionally, operators engaged in waste management may require financial security to obtain appropriate permits.

Furthermore, landfill managers must employ a landfill manager with a certificate confirming qualifications in waste management. Similar requirements apply to waste incinerator operators.

What is the competent authority for issuing waste licenses in Poland?

Issuing permits for waste collection and processing depends on the location of the activity. These competencies are divided among the starost, voivodeship marshal, and regional environmental protection director, depending on the type and scale of the activity and its location.

What is the penalty for illegal waste collecting, processing in Poland?

Engaging in waste collection and/or processing without the required permit is subject to an administrative fine ranging from PLN 1,000 to PLN 1,000,000. The amount of the fine depends on the type of violation, its impact on human health and the environment, the duration of the violation, and the size of the activity.

Prohibited Activities – Waste Management in Poland

In the area of waste management, there is a list of prohibited activities aimed at preventing harm to the environment and human health.

The most important of these include:

• Waste production without obtaining the necessary administrative decisions,
• Transferring waste to unauthorized persons,
• Collecting, transportation, recovering, or disposing of waste without the necessary permits,
• Illegal removal and improper landfilling of waste,
• Mixing hazardous wastes and non-hazardous wastes agains hazardous waste regulations, subject to exceptions,
• Thermal waste processing outside incinerators or co-incinerators,
• Recovery of PCB and burning PCB on ships,
• Recovery or improper disposal of infectious medical or veterinary waste.

In addition to general principles, there are also special regulations for specific types of waste. These include packaging, end-of-life vehicles, electrical and electronic waste, batteries, and accumulators.

These regulations are based on the producer responsibility concept, imposing a series of recovery act and recycling requirements on producers.

Furthermore, special rules apply to:

• PCB/PCT,
• Used oils,
• Asbestos,
• Medical and veterinary waste,
• Sewage and
• Scrap.

Each of these waste categories requires compliance with detailed regulations aimed at minimizing their negative impact on the environment and public health, particularly in the case of toxic substances.

International Waste Shipments

International waste shipments are regulated by national regulations and European Union regulations that harmonize activities in this area. The key legal act is Regulation No. 1013/2006 of the European Parliament and Council, which establishes procedures and control systems for waste shipments.

To comply with these regulations, Poland introduced relevant provisions within the Act on International Waste Shipments. These provisions define shipment procedures depending on their source, destination, route, type, and further processing (recovery or disposal).

EU member states are required to establish appropriate systems of supervision and control of waste shipments. According to the provisions of Art. 30(1) and Art. 50 of the Regulation, these countries must introduce effective, proportional, and dissuasive sanctions for violating regulations and conduct inspections and controls related to waste shipments.

Member states also cooperate to prevent and detect illegal waste shipments and designate authorities responsible for carrying out these tasks.

Regulations on international waste shipments are also based on international law acts, such as the Basel Convention regulating the control of transboundary movements of hazardous wastes and their disposal and OECD decisions on waste recovery control.

A waste transporter does not need to have a generated confirmation of issuing a KPO from the national BDO system. However, the waste holder in Poland, who transfers or receives waste, is required to keep waste records in accordance with national rules.

These records are limited to the Waste Record Card, documenting the reception or transfer of specified quantities and types of waste.