National Contact Point for Renewable Energy Sources

An investor planning to build a biogas plant or a biomass installation – if not required to obtain an integrated permit – should apply for the following permits related to waste management:

• Waste Generation Permit (if generating waste with a mass exceeding 5,000 tonnes per year – in the case of non-hazardous waste);

• Waste Processing Permit, which covers recovery processes, including preparation preceding recovery, and disposal processes, including preparation preceding disposal. For biogas plants, the most relevant types of energy recovery are:

  • R10: “Treatment on land bringing benefits to agriculture or improving the state of the environment”

  • R3: “Recycling or recovery of organic substances that are not used as solvents (including composting and other biological transformation processes)”

The full list of recovery processes for biogas plants is included in Annex No. 1 to the Waste Act.

As a rule, separate permits are issued for waste generation and waste processing, although it is possible to combine both into a single consolidated permit if the applicant requests it.

It should be noted that under the current legal framework, before using waste for processing, the producer, in accordance with Article 11 of the Waste Act, is obliged to submit a notification to the competent Marshal of the Voivodeship to recognize the item or substance as a by-product. This means that the substrate used in a biogas plant or biomass installation must be reported to the Marshal, who, after assessment, issues an administrative ruling allowing its processing. Such a ruling is issued for a maximum of 10 years.

• For issuing a permit for waste collection if the maximum total mass of all types of waste stored during the year exceeds 3,000 tonnes;
• For installations capable of accepting waste in quantities of no less than 10 tonnes per day or with a total capacity of no less than 25,000 tonnes, excluding installations for producing agricultural biogas.

• In all other cases.

Up to 1 month,
For particularly complex cases, up to 2 months from the date of initiation of the proceedings.

In practice, this period may be longer, as it does not include timeframes provided by law for obtaining agreements, opinions, or suspension periods. Additionally, issuing the administrative ruling may be delayed for other reasons, such as the applicant’s fault or circumstances beyond the authority’s control (e.g., the need to supplement documentation).

The permit is issued for a specified period, not exceeding 10 years.

Administrative fee for issuing a permit for waste collection and/or processing: PLN 616

Administrative fee for a power of attorney: PLN 17

An appeal against an administrative ruling issued by the Marshal of the Voivodeship must be lodged within 14 days from the date of delivery of the ruling (including by public notice) to the Minister of Climate and Environment.

An appeal against an administrative ruling issued by the District Governor must be lodged within 14 days from the date of delivery of the ruling (including by public notice) to the competent Local Government Appeals Board.

Currently, authorities do not provide the option to submit electronic applications for a Waste Generation Permit.