Act No. 494/1991 on the state administration of the waste management

494/1991 of the Coll. Act of the Slovak National Council dated 5th November 1991 on the state administration of the waste management as amended in: 309/1992 of the Coll. 371/1992 of the Coll. 453/1992 of the Coll. 255/1993 of the Coll. 222/1996 of the Coll. The Slovak National Council has resolved upon the following Act: The state administration authorities for the waste management and their scope of competence Article 1. The state administration authorities for the waste management The state administration for the waste management ac. to the Waste Act and the present Act is executed by the followings: a. the Slovak Environmental Commission, b. the Slovak Inspection for the Environment, c. the Environmental Offices. Article 2 The Slovak Environmental Commission 1. The Slovak Environmental Commission (thereafter only ”The Commission”) is the central state administration authority for the waste management. 2. The Commission a. controls the execution of the state administration for the waste management, b. executes the principal state inspection over the waste management, c. issues, updates, and publishes the programme of the waste management of the Slovak Republic, d. provides with consent ac. to the Article 4 par. 1 g) of the Waste Act for the transit of waste across the territory of the Slovak Republic, e. provides with consent ac. to the Article 3 par. 4 and 5, and Article 4 par. 1 e) of the Waste Act for the import of waste into the territory of the Slovak Republic, f. provides with consent ac. to the Article 3 par. 6, and Article 4 par. 1 f) of the Waste Act for the export of hazardous waste, g. imposes the obligation upon the operator of the waste disposal facilities to dispose of the given waste, ac. to the Article 8 par. 2 e) of the Waste Act; for this purpose, it requests the statement of the concerned state administration sanitary authority, h. pursues its tasks resulting from this Act and the related regulations. Article 3 The Slovak Environmental Inspection 1. The Slovak Environmental Inspection (thereafter only ”The Inspection”) is the expert supervising authority by means of which the commission executes the principal state inspection over the waste management in the extent of the Article 8 par. 2 of the Act. 2. The Inspection levies a fine for the violation of obligations set forth in the Waste Act, this Act and other generally binding legal regulations and decrees being issued on their basis, which can be revealed within its supervising activity. Environmental Offices Article 4 The District Environmental Office The District Environmental Authority a. provides with its consent with to the transportation of hazardous waste exceeding the territory of the subdistrict and the region, ac. to the Article 6 par. 2 of the Waste Act; b. provides with its opinion of the facilities and activities having impact that exceeds the territory of the subdistrict, ac. to the Article 4 par. 2 of the Waste Act; c. till the faults are removed bans 1. the originator from the performance, if he has not assured the reuse or disposal of the waste and if it could implicate a significant ecological detriment; 2. the operator of the waste disposal facilities from the operation, if he does not fulfil his obligation imposed by the Waste Act or other executing regulations, respectively, to him and if it could implicate a significant ecological detriment; d. provides the originator upon his request information on the existence and seats of such facilities for disposal of the waste that he has produced, ac. to the Article 4 par. 5 of the Waste Act; a. issues, updates, and publishes the programme of the waste management for the territory of the district; b. issues the generally binding decrees applicable for the waste management for the territory of the district. Article 5 The Subdistrict Environmental Office 1. The Subdistrict Environmental Office, ac. to the Article 4 par. 1 of the Waste Act provides with the consent to the followings: a. the operation of the waste disposal facilities, b. the hazardous waste management, c. the issuance of the operational regulations for the waste disposal facility, d. the transit of the hazardous waste at the territory of the district, ac. to the Article 6 par. 2 of the Waste Act. 2. The Subdistrict Environmental Office gives its opinion ac. to the Article 4 par. 2 of the Waste Act to the followings: a. the erection of the waste disposal facility, b. the construction where the waste management is concerned, c. the reserved modifications at the manufacturing process or the manufacture in connection with the waste management. 3. The Subdistrict Environmental Office a. sets the special conditions for the abrogation of the objectionable state for the originators and operators of the waste disposal facility ac. to the Article 15 of the Waste Act; b. issues, updates, and publishes the programme of the waste management for the territory of the district; c. provides the originator upon his request information on the existence and seats of such facilities for disposal of the waste that he has produced, ac. to the Article 4 par. 5 of the Waste Act; d. approves the originators’ programmes for the waste management; e. takes decisions in the matters of charges for the waste deposit; f. orders the corrective measures ac. to the Article 4 par. 4 c) of the Waste Act and fines ac. to the Article 11 and 12 of the Waste Act and the Article 18 par. 1 of this Act in case of breached obligations set forth by the Waste Act and this Act; g. considers the offences committed in the waste management; h. keeps the reports on file 1. from the originators and the legal entities and natural persons being entitled to collect, repurchase and treatment of waste, on the production, quantity, character and way of use, and/or disposal of the hazardous waste, respectively, ac. to the Article 5 par. 1 d) of the Waste Act; 2. from the operators of the waste disposal facilities on quantity, character and way of disposal of the hazardous waste ac. to Article 8 par. 2 d) of the Waste Act; 3. from the forwarders on the quantity and quality of the hazardous waste and the way of its transportation ac. to the Article 6 par. 1 c) of the Waste Act. Article 6 The Municipality 1. The municipality issues the generally binding orders for the municipal waste management that is being produced at its territory. 2. The municipality gives its opinion to the programmes for the waste management proposed by the waste originators being active at its territory. Article 7 The State supervision at the waste management The environmental offices execute their supervision over the adherence to the provisions of the Waste Act, this Act and generally binding legal regulations issued upon their basis and over the observation of the decrees issued by them, and, within their scope of competence, they impose measures to abrogate the revealed faults and fine, respectively. Article 8 The principal state supervision 1. The Commission, within its principal state supervision, controls the way how the environmental offices execute the provisions of the Waste Act, this Act and generally binding legal regulations being issued upon their basis. In case if it reveals any faults, the Commission is entitled to require their elimination. 2. While executing the principal state supervision, the Commission controls the way how the legal entities and natural persons being entitled to conduct the business activity during which also other then the municipal waste is being produced, and the municipalities observe the Waste Act, this Act, the generally binding legal regulations issued upon their basis, and the decrees by the environmental offices at the waste management. Article 9 The competence of the persons executing the state supervision at the waste management 1. The persons executing the state supervision are authorised to have the access to lands, factories, facilities and buildings and, as far as no authorisation is needed according to special regulations, also to conduct further investigation, and to require the needed data and explanations and sight of the concerned documents. 2. During the execution of the state supervision the persons are compulsory a. to show its papers or authorising certificate of the organ upon the basis of which such supervision shall be executed; b. to keep secret the matters that are subject of the official, economic and service secret in possession of which it gathered. Article 10 The programme of the waste management 1. The programme of the waste management (thereafter only ”the programme”) sets the goals of the waste management of the territorial subdistrict, a part thereof or an originator. It is the basis for the waste management and one of the basic documents for the compilation of the territorial planning files. 2. The Commission issues the programme of the waste management of the Slovak Republic whose goals are binding for the programmes of the waste management of the environmental offices. 3. The District Environmental Office issues the programme of the district or of a part thereof whose goals are binding for the programmes of the waste management of the Subdistrict Environmental Offices. 4. The programme can be issued also for the territory of several districts, subdistricts or parts thereof by agreement of the concerned environmental offices. 5. The programme of the environmental office is, as a rule, the basis for the issuance of consents and opinions ac. to the Article 4 par. 1 and 2 of the Waste Act. 6. The originator elaborates its own programme to be approved by the concerned Subdistrict Environmental Office. The originator of other than municipal waste is compulsory to attune its programme to the programme of the municipality the territory of which is concerned. 7. The commission and the environmental office or the organs authorised thereby may require gratis from everyone who manages the waste the information needed for the compilation and amendments of the programme, or conduct investigation to get such information from it. 8. Details on the contents and way of compilation and issuance of such programmes shall be governed by the Public Notice to be published by the Commission. Article 11 The proceeding and the file keeping 1. If not explicitly stipulated otherwise, the general rules for the administration proceeding are applicable to the proceedings according to the Act. 2. The given a notice of appeal against the decision concerning the imposed measure for the elimination of the objectionable state ac. top the Article 4 par. 4 c) of the Waste Act and against the decision on the interrupt of the originator’ s operation and the operator’ s activity at the waste disposal facility ac. to the Article 4 par. 4 d) of the Waste Act has no dilatory effect. 3. The consent and the opinion ac. to the Article 4 par. 1 and 2 of the Waste Act are the binding basis for the organs issuing the decrees on placement, authorisations or usage of buildings, facilities or activities, respectively, based upon other legal regulations. 4. The participant in the proceeding where the consents are issued is always the municipality at the territory of which the waste disposal facility is placed or the activity producing waste is carried out. 5. The Commission set forth in the Public Notice a. in which cases the expert report on the influence of the considered activity or the environmental activity is the integral part of the application for the issuance of the consent and opinion; b. the proceeding of the authorisation of the natural persons and the legal entities entitled to issue the expert reports in the matters of waste. 6. The expert report shall the applicant provide at its own cost. Article 12 The residential competence The residential competence of the state administration authorities at the waste management is set by a. the site of activity where the waste are produced; b. the place of the waste disposal facility; c. the place at which the waste is found; d. the residence of the forwarder and carrier of the waste. Article 13 The amendment, abolition and extinction of the consent 1. The state administration authority for the waste management may upon its own stimulation or based on the proposal made thereby a) amend the consent 1. if it is required upon the care requirements for the environment or other important interest of the society; 2. if the facts being of importance for the provision with the consent should be modified and, in particular, if the extent of the consent permanently exceeds the demand of the entitled; 3. if the entitled does not observe the conditions set forth in the consent; b. cancel the consent 1. in the cases as under a), if the persistent ecological detriment has been caused or the menace of such significant damage or breakdown persists; 2. if the used technical equipment is not able to assure the fulfilment of the environmental protection set forth in the legal regulation or the technical standard; 3. if the entitled without any significant reason does not make use of the consent within a period longer than one year. 2. The consent for the waste management becomes extinct a. after the expiration of the period of time for that it was issued; b. after the elimination of the waste disposal facility; c. after the expiration of the activity for that it was issued. 3. The expenses arisen ac. to the par. 1 are born by the entitled, except for the case where the decisive circumstance did not rise by its fault. The file of consents and opinions Article 14 The state administration authorities for the waste management shall keep on file of the consents, decrees and opinions that have been issued by them. Article 15 1. In case of the public interest, the District Environmental Office takes the decision after the discussion on the installation and placement of a waste disposal facility with the concerned municipality. The District Office shall completely in time publish the information for the inhabitants and authorities of the concerned municipality on all preconditions for the placement and installation of such facility. 2. Where the conflict of interest of the individual District Environmental Offices could arise, the Commission takes the final decision regarding the installation and placement. Conditions for the collection and repurchase of waste Article 15a 1. The legal entities and natural persons being in possession of the trade licence in the field of the waste management ac. to the Article 5 par. 1 d) aimed at the collection and repurchase of waste (thereafter only ”the purchaser”) are obligatory to require the personal identification or that of the business name from the natural persons or legal entities from whom they repurchase or take the non-ferrous metals or other waste set forth in the order of the Slovak Republic; without personal or business name identification, the purchaser shall not take nor repurchase the waste. 2. The purchaser shall keep on file the persons given in the par. 1 and the qualities and quantities of waste taken or repurchased from them. Article 15b The violation of such obligation ac. to the Article 15a may be fined in amount up to SK 200,000.- by the Subdistrict Environmental Office or the Commission. Common, preliminary, final and repealing provisions Article 16 This Act does not impinge the scope of competence of the state sanitary administration and authorities for the natural spas and the wells protection. Article 17 1. The person who as to the effective date of the Act executes the activity liable to the consent shall apply for the issue of such consent at the applicable state administration authority for the waste management within 6 months from the effective date of the Act. 2. The holder, user and other person who is entitled to manage the land that involves a waste dump, shall notify the fact within 6 months from the effective date of the Act to the Subdistrict Environmental Office that lays down the operation conditions thereof or take decision on the liquidation thereof. Article 18 1. The Subdistrict Environmental Office or the Commission may fine the legal entity or the natural person being trade licensed in amount up to SK 200,000.00 for the non-fulfilment of the obligations ac. to the Article 17. 2. The fine is applicable within one year from the date when the competent state administration authority for the waste management gathered such violation of obligations but not later than within 2 years from the date when the competent state of the Act. 3. The non-fulfilment of the obligations as per the Article 17 by the citizen is considered as the offence in the field of the environmental protection. Article 19 The fines by the Regional Offices and District Offices and the Inspection for the water management are the income of the State Environmental Funds of the Slovak Republic. Article 20 1. repealed 2. repealed 3. At the Article 1 par. 3 e) of the Act of the Slovak National Council No. 595/1990 of the Coll. the wording ”the conception issues at the municipal waste management” is replaced by the wording ”waste management”. Article 21 The Decree of the Ministry of Inner Affairs of the Slovak Republic No. 12/1972 of the Coll. on the collected stock material as amended by the Decrees of the Ministry of Inner Affairs of the Slovak Republic No. 110/1974 of the Coll. and No. 138/1978 of the Coll. Article 22 The Act comes into effect on the day of the proclamation thereof, the Act No. 309/1972 comes into effect on the day of the proclamation thereof, i. e. on 25th June 1992, the Legal Measures No. 371/1992 of the Coll. comes into effect on the day of the proclamation thereof, i. e. on 15th July, 1992, the Act No. 453/1992 of the Coll. comes into effect on the day of the proclamation thereof, i. e. on 25th September 1992, the Act No. 255/1993 of the Coll. comes into effect on the day of the proclamation thereof, i. e. on 5th November 1993. F. Mikloško, sign manual G. J. Čarnogurský, sign manual