Faster permits and smaller penalties. The Ministry of Climate is preparing changes to waste regulations

Shortening the procedures for issuing waste management permits and stopping excessive restriction of market access to companies that have committed violations that did not affect the environment – this is assumed in the draft amendment to the Chief Inspectorate of Environmental Protection, presented on Friday by the Ministry of Climate.

The Ministry of Climate and Environment (MKiŚ) has prepared a draft amendment to the Act amending certain acts in order to improve the activities of the Environmental Protection Inspection (IEP). The resort wants, among other things, simplify and speed up the activities of the Inspection, reduce the burden of fines, streamline administrative procedures and facilitate the functioning of enterprises on the market.

– Issuing permits in waste management takes too long and this is a real problem for entrepreneurs, because many of them want to invest, for example, in sorting or recycling installations, and unfortunately they sometimes have to wait for years – said on Friday at a press conference devoted to the draft bill, Deputy Minister of Climate and Environment Anita Sowińska.

She added that the administrative process in this case is complex and numerous state institutions are involved: Provincial Inspectorates of Environmental Protection, Marshal's Offices, District Offices, as well as Regional Directorates for Environmental Protection.

– We have reviewed these processes for the occurrence of the so-called bottlenecks where there is some potential for systemic simplifications when issuing administrative decisions – added the deputy head of the Ministry of Climate. She informed that the draft amendment to the act is currently under consultation.

Chief Inspector of Environmental Protection (GIEP) Hanna Kończal pointed out that the project is also intended to reduce the risk of excessive penalization; when applying penalties, it is to take into account the actual impact of violations on environmental protection. – In this way, we reduce the risk of legally operating entities losing their rights – she said. She added that this could weaken competition in the waste management market. – I do not want CIEP to contribute to the development of the gray zone – emphasized Kończal.

Representatives of the ministry explained that the aim was to shorten the procedures for issuing waste management permits and to stop excessive restriction of market access for legally operating entities that have committed incidental violations that have no impact on the environment.

Under the Waste Act, the project shortens the procedures for issuing waste management permits, including: through the obligation to verify applications before submitting them to the Provincial Inspectorate of Environmental Protection (WIOŚ) and basing the issued permits on the findings of one inspection. A deadline of 50 days was set for the Inspectorate of Environmental Protection to carry out an inspection from the date of receipt of the application and 14 days for issuing a decision.

The Ministry of Environmental Protection also proposes modifying the grounds for refusing to issue a waste management permit. Therefore, I want to raise the threshold for the total amount of administrative fines from PLN 150,000. PLN up to PLN 500,000, while maintaining the provision that penalties may be imposed only three times within 10 years. However, the ministry added a condition that at least one decision imposing a penalty must be final.

The Ministry also proposes reducing penalties for municipalities for violating air protection programs (POP). To this end, it wants to differentiate the gravity of violations and the amount of penalties depending on the type of violation. For failure to meet the deadlines for submitting reports on the implementation of air protection programs, the fine will range from PLN 5,000. PLN up to PLN 30,000 zloty. For other violations, the lower limit of the penalty would be reduced from PLN 50,000. PLN up to PLN 30,000 PLN, and the upper limit was still PLN 500,000. zloty.

In the amendment, the ministry also wants to reduce the costs of administrative proceedings regarding violations of the conditions of use and storage of fertilizers. The Ministry intends to replace the obligation to pay a fee for violating the conditions of use and storage of fertilizers with a fine ranging from PLN 500 to PLN 5,000. PLN by persons conducting agricultural production and activities in which fertilizers are stored or used. It also adds two new acts that are to be covered by such a sanction, which have not been previously either misdemeanors or administrative torts. (PAP)

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