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Waste Processing Permit

How to handle the matter

You can handle the matter:
  • during a visit to the office
  • by mail

What you should know and who can use the service

What does waste processing involve?

Waste and technological processes carried out in installations where waste is processed may pose a threat to the environment. Therefore, obtaining a permit is necessary to conduct such activity.
Waste processing includes, among others:
  • recovering secondary raw materials in production processes to obtain material for its original or other purpose (commonly known as recycling)
  • neutralizing waste in technical installations (e.g., by incineration or appropriate landfilling).

Who does not need a permit?

The Waste Act specifies who is exempt from the obligation to obtain a waste processing permit. These include, among others:
  • individuals or organizational units that are not entrepreneurs and use waste for their own needs
  • entities required to obtain an integrated permit that includes waste processing
  • entities that hold a permit for waste generation (including waste collection or processing)
  • property owners who collect municipal waste generated on their property.

One permit for waste collection and processing

If you plan to conduct an activity that requires a permit for waste collection and a permit for waste processing, you can submit an application for a single (combined) permit for waste collection and processing. In such an application, provide the data required for both permits.

When should you handle the matter?

Submit the application before starting the activity involving waste processing.

Remember! Conducting waste processing activities without the required permit may result in an administrative fine ranging from PLN 10,000 to PLN 1,000,000.

Where to handle the matter?

The service can be completed at:
  • county offices (starostwa powiatowe)
  • marshal offices (urzędy marszałkowskie)
  • regional directorates for environmental protection
  • district offices of the City of Warsaw
Depending on the location of waste processing, submit the application to:
  • Marshal of the voivodeship, if the project:
    • may always significantly affect the environment
    • concerns non-hazardous waste subjected to recovery in a process involving filling adversely transformed areas, where the amount of waste placed in the excavation or subsidence is not less than 10 Mg per day or the total capacity of the excavation or subsidence is not less than 25,000 Mg
    • concerns municipal installations
    • concerns a permit for waste collection, where the maximum total mass of all types of waste stored during the year exceeds 3,000 Mg
  • Starosta – in other cases
  • Regional Director for Environmental Protection – in the case of waste processing in closed areas

Step-by-step instructions

1. Submit an application for a permit to process waste

Ask your competent authority for an application template. Depending on the location of waste processing, this will be the Marshal’s Office, the County Office (Starosta), or the Regional Directorate for Environmental Protection. Most of these authorities publish templates on their websites. If your authority has not provided a template, prepare the application yourself. Make sure to include all required information.

The full scope of information required in the application can be found in the Required documents section.
You will also need to attach several annexes. In all cases, these include:

  • Certificates and declarations of no criminal record
  • Fire safety report
  • Proof of payment of the stamp duty

Certificates of no criminal record:

  1. Certificate of no criminal record for environmental crimes or crimes referred to in Articles 163, 164, or 168 of the Penal Code of 6 June 1997 must be submitted by:
    • A waste holder who is a natural person conducting business activity
    • A partner, proxy, member of the management board, or member of the supervisory board of a waste holder that is a legal person or an organizational unit without legal personality
  2. Certificate of no criminal record for environmental crimes under the Act of 28 October 2002 on the liability of collective entities for acts prohibited under penalty must be submitted by the waste holder.

Declarations:

  1. Declaration of no criminal record or the number of final convictions for misdemeanors specified in Articles 175, 183, 189(2)(6), or 191 of the Waste Act must be submitted by:
    • A waste holder who is a natural person conducting business activity
    • A partner, proxy, member of the management board, or member of the supervisory board of a waste holder that is a legal person or an organizational unit without legal personality
  2. Declaration that in the last 10 years no final administrative ruling was issued to revoke a permit for waste collection, waste processing, combined collection and processing, or a permit for waste generation including collection and processing, nor were at least three administrative fines imposed under Article 194 exceeding a total of PLN 150,000, submitted by:
    • A waste holder who is a natural person conducting business activity
    • A waste holder that is a legal person or an organizational unit without legal personality, or a partner, proxy, member of the management board, or member of the supervisory board of such waste holder
  3. Declaration that a partner, proxy, member of the management board, or member of the supervisory board of the waste holder is not and was not a partner, proxy, member of the supervisory board, or member of the management board of another entrepreneur at the time when that entrepreneur:
    • In the last 10 years had a final administrative ruling revoking a permit for waste collection, waste processing, combined collection and processing, or a permit for waste generation including collection and processing, or
    • Was imposed at least three administrative fines under Article 194 in the last 10 years, exceeding a total of PLN 150,000
Declarations are submitted under penalty of criminal liability. They must include the following clause:
“I am aware of the criminal liability for making a false declaration.”

Fire safety report

The fire safety report contains fire protection conditions for the installation, facility or its part, or other waste storage location, agreed with the County (Municipal) Fire Service Commander. The report must be prepared by:
  • A fire protection expert, if the competent authority is the Marshal of the Voivodeship or the Regional Director for Environmental Protection, or
  • A person holding the professional title of Fire Protection Engineer or a graduate of the Main School of Fire Service in the field of safety engineering with a specialization in fire safety engineering, if the competent authority is the County Office (Starosta).

You must also attach an administrative ruling confirming the agreement of fire protection conditions for the installation, building facility or its part, or other waste storage location. This ruling is issued by the County (Municipal) Fire Service Commander.

Important: Detailed fire protection requirements for buildings and places intended for waste collection and storage can be found in the Regulation of the Minister of Interior and Administration of 19 February 2020 on fire protection requirements for buildings or their parts and other places intended for waste collection, storage, or processing.

Other documents that may be required

  • Depending on the type of investment, the authority may require a decision on environmental conditions. The list of projects requiring such a decision can be found in the Regulation of the Council of Ministers of 10 September 2019 on projects that may significantly affect the environment.
  • Attach a decision on land development conditions if the area covered by the application does not have a local spatial development plan (unless such a decision is not required for that area).
  • A document confirming ownership, perpetual usufruct, usage rights, or a lease agreement for the property, if your application concerns a permit for:
    • Collection of hazardous waste
    • Collection of municipal waste or waste resulting from municipal waste processing

Below you will find a list of documents that may be required when applying for a permit to process waste.

Required documents

1. Application for a permit to process waste
You may submit the document as:
Original

Additional information
The application for a permit to process waste must include:

  • Tax Identification Number (NIP) of the waste holder
  • Specification of the types of waste intended for processing
  • Indication of the mass of individual types of waste to be processed and generated as a result of processing during the year
  • Designation of the waste processing location
  • Indication of:
    • Place and method of storage and type of stored waste
    • Maximum mass of individual types of waste and the maximum total mass of all types of waste that can be stored at the same time and during the year
    • The largest mass of waste that could be stored at the same time in the installation, building structure or its part, or other waste storage location, resulting from the dimensions of the installation or facility
    • Total capacity (expressed in Mg) of the installation, building structure or its part, or other waste storage location
  • Detailed description of the method(s) of waste processing, including indication of the processing process in accordance with Annexes 1 and 2 to the Act, and a description of the technological process specifying the annual processing capacity of the installation or device, and in justified cases, especially for thermal waste treatment installations – also the hourly processing capacity
  • Presentation of technical and organizational capabilities to properly conduct waste processing activities, with particular emphasis on employee qualifications or training and the number and quality of installations and devices meeting environmental protection requirements
  • Indication of the expected duration of waste processing activities
  • Description of activities undertaken for monitoring and controlling the permitted activity
  • Description of activities to be undertaken upon termination of the permitted activity and related site protection measures
  • Information regarding:
    • Minimum and maximum quantities of hazardous waste, their lowest and highest calorific value, and maximum content of contaminants, in particular PCB, pentachlorophenol (PCP), chlorine, fluorine, sulfur, and heavy metals
    • Measures to ensure that heat generated during thermal waste treatment will be recovered to the extent feasible through heat production, generation of process steam, or electricity
    • Methods of preventing waste generation or reducing waste quantities and their negative environmental impact
    • Further waste management methods, including collection, transport, recovery, and disposal
      – in the case of permits concerning thermal waste treatment installations
  • A waste holder dealing with waste from titanium dioxide production and processing, applying for a permit for waste processing involving disposal by landfilling, must provide information on:
    • Physical properties, including form (solid, sludge, liquid, or gas), and chemical, biochemical, and biological properties of the waste
    • Toxicity, physical, chemical, and biological durability of the waste
    • Accumulation and biotransformation of waste components in living organisms or sediments
    • Susceptibility of waste to physical, chemical, and biochemical changes and interactions with other organic and inorganic substances in the given environment
    • Geographical location of the landfill along with characteristics of adjacent areas
    • Packaging method and measures to limit waste dispersion
    • Precautionary measures taken to avoid environmental contamination
  • Proposed form and amount of financial security for claims by the waste holder
  • Information required under separate regulations
Additionally, for an application for a permit to process waste for a ship recycling facility, attach:
  • Information on the ship recycling method
  • Information on the type and size of ships that can be recycled
  • Information on restrictions and conditions for the operation of the ship recycling facility, including hazardous waste management
  • Information on the maximum annual ship recycling capacity, calculated as the sum of ship mass expressed in Light Displacement Tonnes (LDT) as defined in Article 3(1)(24) of Regulation 1257/2013
  • Certificate of compliance with the requirements referred to in Article 13(1)(b–j) of Regulation 1257/2013, issued by a recognized organization authorized under Article 8(1) of the Act of 18 August 2011 on Maritime Safety (Journal of Laws of 2018, items 181, 1137, 1669, and 2245), issued no earlier than 3 months before the application date
2. Decision on environmental conditions
You may submit the document as:
Certified copy

Additional information
Required if applicable.

If your investment involves a project that may significantly affect the environment, you must attach the decision on environmental conditions to the application for determining the location of a public purpose investment.

3. Decision on land development and management conditions

You may submit the document as:
Certified copy

4. Certificate of no criminal record
You may submit the document as:
Original
5. Declaration of no criminal record
Download:
You may submit the document as:
Original

Additional information
The declaration is submitted under penalty of criminal liability for making false statements. The declarant must include the following clause:
“I am aware of the criminal liability for making a false declaration.”
This clause replaces the authority’s instruction on criminal liability for making false statements.

6. Document confirming ownership, right of use, or lease of the property

You may submit the document as:
Original
Certified copy

7. Fire safety report

You may submit the document as:
Original

8. Administrative ruling on fire protection conditions for the installation, facility or its part, or other waste storage location

You may submit the document as:
Original

9. Operating manual for the installation or device

You may submit the document as:
Original

10. Certificate confirming the qualifications of the landfill manager

You may submit the document as:
Original
Certified copy

11. Certificate confirming the qualifications of the incineration plant manager

You may submit the document as:
Original
Certified copy

12. Certificate confirming the qualifications of the co-incineration plant manager

You may submit the document as:
Original
Certified copy

13. Proof of payment of stamp duty

You may submit the document as:
Original
Certified copy

14. Power of attorney for administrative matters
Download:
  • Power of attorney (DOCX)
  • Power of attorney (PDF)
You may submit the document as:
Original
15. Proof of payment of stamp duty for the power of attorney

You may submit the document as:
Original
Certified copy

 

Deadline

Submit the application before starting activities involving waste processing.

Important! Conducting waste processing activities without the required permit may result in an administrative fine ranging from PLN 10,000 to PLN 1,000,000.

2. The authority will review your application

The authority will check whether you have provided all required documents and information in your application.

If the types of waste specified in the application are insufficient to determine the risks these wastes may pose to human life or health and the environment, the authority may request you to provide the basic chemical composition and properties of the waste.

If your application contains formal deficiencies (e.g., mistakes, missing information, or missing required attachments), the authority will request you to correct the errors.

You will have at least 7 days from receiving the request to correct the deficiencies. If you miss the deadline or fail to correct the deficiencies, the authority will notify you that it will no longer process your case.

If you did not attach proof of payment of the stamp duty, the authority will request you to provide it within 7 to 14 days from receiving the request. If you fail to pay within the specified time, the authority will return your application.

3. The authority will request an inspection

Before issuing a permit for waste processing, the authority to which you submitted the application will forward a copy of the necessary documentation and request an inspection by:
  • Voivodeship Inspector for Environmental Protection (WIOŚ)
  • County (Municipal) Fire Service Commander

The inspection will cover installations, building structures or their parts, and waste storage locations where waste processing is to be carried out, to verify compliance with environmental protection regulations. The Fire Service will check whether fire protection conditions specified in the law and the fire safety report submitted with the application are met.

After inspections by WIOŚ and the Fire Service, you will receive an administrative ruling on compliance of the installation with environmental and fire protection requirements. You cannot appeal these rulings.

If any opinion expressed in these rulings is negative, the authority will refuse to issue the permit for waste processing.

Received documents

1. Administrative ruling on compliance with environmental and fire protection requirements for waste processing

You will receive the document as:
Original

 

4. You will receive an administrative ruling on the form and amount of financial security

Before receiving the permit, you will be required to provide financial security. This may be:
  • Deposit
  • Bank guarantee
  • Insurance guarantee
  • Insurance policy
The form and amount of security appropriate for your case will be determined by the authority.
Security will be required if the authority enforces a decision on your behalf to:
  • Remove waste from a location not intended for storage or disposal
  • Remove waste and eliminate negative environmental impacts or damage resulting from the permitted activity
  • Remove waste and manage it, including waste remaining after a possible firefighting operation

Exemption: The obligation to provide security does not apply to holders of inert waste, waste meeting criteria for disposal at an inert waste landfill, ashes, slags, gypsum, and uncontaminated soil or earth excavated during construction works.

The amount of financial security is calculated as the product of:

  • The largest mass of waste that could be stored in the installation, building structure or its part, or waste storage location (considering dimensions), and
  • The security rate per Mg (megagram, tonne) of stored waste

The rates are specified by the Minister of Environment in a regulation.

You may appeal the administrative ruling within 7 days from the date it was announced or delivered.

Within 2 weeks from receiving the final ruling, you must:

  • Pay the security deposit and inform the authority (the account number will be provided by the authority issuing the permit), or
  • Submit original documents for a bank guarantee, insurance guarantee, or insurance policy to the authority issuing the permit.

If the permit is issued by the Regional Director for Environmental Protection (for waste collection permits in closed areas), submit security documents to the Voivode competent for the location of the activity.

If the authority finds that the security was not provided or was provided incorrectly (especially if the amount is lower than required), you will receive a refusal to issue the permit for waste processing.

Received documents

1. Administrative ruling on the form and amount of financial security

You will receive the document as:
Original

 

5. You will receive a permit for waste processing

Before issuing the permit for waste processing, the authority seeks the opinion of the village mayor, town mayor, or city president competent for the location of waste processing. This requirement does not apply to a city president with county rights if they are the authority competent to issue the permit. The authority providing the opinion has 14 days to issue it. If no opinion is issued within this period, it is assumed that the opinion is positive.

The authority will issue the permit for waste processing in the form of a decision if your application meets all statutory requirements.

The permit is issued for a maximum of 10 years.

The authority may additionally specify in the permit:

  • Technologically justified operating conditions deviating from normal and the time for maintaining them justified by technological reasons
  • Operating conditions deviating from normal for the time needed to start up a new installation (not longer than one year) and achieve its processing capacity
You will not receive a permit for waste processing if the intended waste management method:
  • Could pose a threat to human life or health or to the environment
  • Is inconsistent with waste management plans
  • Is inconsistent with legal regulations, including local law

Received documents

1. Permit for waste processing
You will receive the document as:
Original

Additional information
The permit for waste processing specifies:

  • Tax Identification Number (NIP) of the waste holder
  • Type and mass of waste intended for processing and generated as a result of processing during the year
  • Location and permitted method(s) of waste processing, indicating the processing process in accordance with Annexes 1 and 2 to the Act, and a description of the technological process specifying the annual processing capacity of the installation or device, and in justified cases – also the hourly processing capacity
  • Additional conditions for waste processing if required by the type of waste, particularly hazardous waste, or the need to protect human life, health, or the environment
  • Indication of:
    • Place and method of storage and type of stored waste
    • Maximum mass of individual types of waste and the maximum total mass of all types of waste that can be stored at the same time and during the year
    • The largest mass of waste that could be stored at the same time in the installation, building structure or its part, or other waste storage location, resulting from the dimensions of the installation or facility
    • Total capacity (expressed in Mg) of the installation, building structure or its part, or other waste storage location
  • Minimum and maximum quantity of hazardous waste, their lowest and highest calorific value, and maximum content of contaminants, in particular PCB, pentachlorophenol (PCP), chlorine, fluorine, sulfur, and heavy metals – in the case of permits concerning thermal waste treatment installations
  • Additional information for installations or devices for the disposal of infectious medical or veterinary waste:
    • Technical data of the installation or device, including type and model, and name and address or registered office of the manufacturer
    • Detailed description of the disposal process, specifying all its stages
    • Indication of the method for periodic microbiological control of the disposal process effectiveness
    • Requirements for containers or bags in which waste will be disposed of in the declared type and model of installation or device
  • Requirements resulting from fire protection conditions for the installation, building structure or its part, or other waste storage location
  • Information required under separate regulations
  • Validity period of the permit

 

How much will you pay?

PLN 616 – stamp duty for the permit

PLN 17 – stamp duty for the power of attorney (optional)

If you act through an attorney, you must pay for the power of attorney. You do not pay for a power of attorney granted to your spouse, children, parents, grandparents, grandchildren, or siblings. Practical information about the power of attorney is available on the relevant authority’s website.

Where to pay the fee

Pay the stamp duty for the permit and any power of attorney when submitting the application. Make the payment to the account of the city or municipal office in the area where the authority to which you submit the application is located.

Example: If you submit the application to the Marshal’s Office in Poznań, pay the stamp duty to the account of the Poznań City Office.

How long will you wait?

Your case will be processed within one month. This period may be extended to two months, and the official will inform you about the extension.

You cannot start the activity until you receive the decision.

How can you appeal?

If you are dissatisfied with the decision, you can appeal to:
  • Self-Government Appeals Board – if the decision was issued by the Starosta
  • Minister of Climate and Environment – if the decision was issued by the Marshal of the Voivodeship
  • General Director for Environmental Protection – if the decision was issued by the Regional Director for Environmental Protection
Submit the appeal through the authority that issued the decision within 14 days from the date you received it. Remember that you can also waive your right to appeal. If all parties to the proceedings do so, the decision becomes final more quickly.

Good to know

When can you lose the permit?

If you violate the provisions of the Waste Act or act contrary to the permit, the authority will request you to stop the violations and set a deadline to correct the irregularities. If you fail to correct them, the authority will revoke your permit without compensation. You must cease waste processing activities. The decision may have immediate enforceability. At your own expense, you must remove the waste and the effects of activities conducted contrary to the permit.

If the authority revokes your permit, you will not be able to obtain a new permit for 10 years from the date the revocation decision became final.

When does the permit expire?

  • After the period for which it was issued
  • If you have ceased the activity covered by the permit or for other reasons the permit has become irrelevant
  • At your request submitted to the authority
  • If you did not start the activity covered by the permit within 2 years from the date the permit became final
  • If you did not conduct the activity covered by the permit for 2 years

Public participation in proceedings concerning projects that may affect the environment

Authorities must ensure public participation in environmental impact assessment proceedings for installations by providing access to information before issuing a permit for installations for thermal waste treatment. The rules for public participation are set out in the Act of 3 October 2008 on access to environmental information, public participation in environmental protection, and environmental impact assessments.

Monitoring of waste storage sites

A waste holder required to obtain a permit for waste collection or processing, a permit for waste generation including collection or processing, or an integrated permit including collection or processing, and who operates waste storage (except for preliminary storage by the waste producer or landfill operator), is obliged to maintain a visual monitoring system for the waste storage or landfill site. Detailed requirements for monitoring are described in Article 25 of the Waste Act of 14 December 2012 and in the Regulation of the Minister of Environment of 29 August 2019 on the visual monitoring system for waste storage or landfill sites.
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