Management of Digestate

In the case of agricultural biogas plants, the investor is entitled to manage the digestate resulting from the proper fermentation of biomass. Such residues can be used as fertilizer.

The management of digestate from agricultural biogas plants is usually carried out under two procedures:

Recovery in the R10 recovery process, which involves the treatment of waste on land in a way that benefits agriculture or improves the environment. In simplified terms, this means using digestate waste in agriculture;
Obtaining a permit from the minister responsible for agriculture for placing organic and mineral fertilizers or soil improvers on the market.

It is important to note that the rules for managing digestate differ for certain agricultural biogas plants that are subject to simplified administrative procedures under the Act of 13 July 2023 on Facilitating the Preparation and Implementation of Investments in Agricultural Biogas Plants and Their Operation (Journal of Laws of 2023, item 1597). Details are provided on the subpage dedicated to agricultural biogas plants for eligible entities.

Authority competent for the issuance of decisions

In the case of a permit for placing organic and mineral fertilizers or soil improvers on the market, the competent authority is the Minister of Agriculture and Rural Development.

For the issuance of a permit for recovery in the R10 recovery process, the starosta is usually the competent authority. However, there are exceptions where the marshal of the voivodeship issues the permit. These include the following situations:

The biogas plant is classified as a project that may always have a significant impact on the environment;
For non-hazardous waste subjected to recovery in a process involving the filling of adversely transformed areas, if the amount of waste placed in the excavation or subsidence area is not less than 10 tonnes per day or the total capacity of the excavation or subsidence area is not less than 25,000 tonnes;
For municipal installations;
When the maximum total mass of all types of waste stored during the year exceeds 3,000 tonnes.

Validity period of the decision

The permit for placing organic and mineral fertilizers or soil improvers on the market is issued for an indefinite period. The permit for recovery in the R10 process is issued for a fixed period, not exceeding 10 years.

What is the fee for the issuance of the decision?

The fee for issuing a permit to place organic and mineral fertilizers or organic soil improvers on the market is PLN 705.

The fee for issuing a permit for recovery in the R10 process is PLN 616.

The stamp duty for a power of attorney is PLN 17.

How to appeal?

In the case of a permit for placing organic and mineral fertilizers or soil improvers on the market, the party may request a reconsideration of the case by the Minister of Agriculture and Rural Development.

In the case of a permit for recovery in the R10 process:

An appeal against a decision of the starosta may be lodged within 14 days from the date of delivery of the decision, including by public notice, to the Local Government Appeals Board (Samorządowe Kolegium Odwoławcze);
An appeal against a decision issued by the marshal of the voivodeship may be lodged within 14 days from the date of delivery of the decision, including by public notice, to the Minister of Climate and Environment.

Subsequently, a complaint may be filed with the Voivodeship Administrative Court, and then with the Supreme Administrative Court.

Can the application be filed online?

In the case of a permit for placing organic and mineral fertilizers or soil improvers on the market, the application may be submitted electronically via the ePUAP platform or through the website ewnioseknawozy.minrol.gov.pl.