24 october 2024

employer's obligations, environmental protection law, KOBiZE

employer's obligations, environmental protection law, KOBiZE

I would start the article on "Employer's Obligations and Challenges" in relation to environmental protection law by introducing the reader to the holy book that is the Environmental Protection Law. It is a frequently amended act containing a list of basic obligations and referring to other acts and implementing acts. The act specifies the principles of environmental protection and the conditions for using its resources, taking into account the requirements of sustainable development, and in particular:

  • conditions for the protection of environmental resources;
  • conditions for introducing substances or energy into the environment
  • costs of using the environment
  • obligations of administrative bodies
  • liability and sanctions

In addition to it, very important acts are: the Waste Act, the Water Law Act, the Act on Maintaining Cleanliness and Order in the Municipality and the Act on the Management of Packaging and Packaging Waste.

Every employer and entrepreneur who uses the environment is obliged to protect it, and in special cases, pay fees for its excessive exploitation.

The employer's obligations that rest on a given entity depend on the type of activity and the scope of use of the environment. Therefore, they will not be the same for everyone. Before an entrepreneur takes any action, they should review their activities in terms of applicable law. After recognizing the type and size of emissions, it will be possible to determine the obligations of the entrepreneur.

In the division into individual areas of environmental protection law, I will list several obligations resting on entrepreneurs.

Waste management

  • Waste Recordkeeping
  • Reporting
  • BDO
  • Correct Waste Storage
  • Decisions - if applicable

The implementation of the above obligations will depend on the category of waste generated: municipal or from business activities.

Emission of dust and gas pollutants

 

Obligations other than permits or approvals

  • Fees for using the environment
  • KOBiZE
  • Obligations resulting from the use of refrigerants, including controlled ones (CRO, BDS)
  • Decisions - if applicable

Introducing packaged products or products to the Polish market

  • Annual and registration fee
  • Packaging report
  • Product fee
  • Public education campaign fee

First, it should be identified whether what is being introduced to the market can be called packaging. Packaging is considered to be: a product fulfilling the function of packaging without compromising other functions or products manufactured and intended for filling at the point of sale and disposable products or a component of packaging and an auxiliary element connected to the packaging.

Use of water resources and sewage disposal

  • Water service charges
  • Decisions - if applicable

Entrepreneur and the environment - where to start?

Very often, the condition for starting a business in terms of compliance with applicable environmental legislation is obtaining appropriate administrative decisions. It is worth knowing that not all decisions are obtained at the same time. This process can be divided into the following stages:

Investment period, before the facility is put into use

At the very beginning of the investment process (before obtaining a building permit), it may be necessary to obtain a Decision on the environmental conditions for the implementation of the project - you can find out whether your project requires such a decision by analyzing the parameters of the project in the Regulation of the Council of Ministers called the list of projects that may have a significant impact on the environment.

If the investment planned for implementation is on one of these lists, it is necessary to obtain the so-called Environmental Decision.

The environmental decision, which is an annex to the building permit, is the beginning of the adventure with environmental protection authorities.

Then you should verify whether the emission into the environment as a result of the operation of the installation can be a reason for obtaining a water law permit, emission notification, air emission permit, waste production permit. You will learn about this from the relevant acts.

Operational period after the facility has been put into operation

Sometimes it happens that the operating installation generates noise that exceeds the permissible standards for the building in which it is located. If, as a result of the inspection, the permissible levels are exceeded, it will be necessary to obtain a noise emission permit.

Obligations other than permits or approvals

Using the environment involves paying fees in accordance with the general principle of the Environmental Protection Law "the polluter pays". This principle is applicable in international and community law.

The most important reports (obligations) that entrepreneurs perform during the exploitation stage are:

KOBIZE report

The deadline for its submission is the last day of February for the previous calendar year.

Annual report on waste generated

The deadline for its submission is March 15 for the previous calendar year.

Report on fees for using the environment

The deadline for its submission is the last day of March for the previous calendar year.

Water services

The deadline for its submission is the 30th day of the month following the end of the quarter.

Investeko Serwis provides environmental consulting and advisory services.

You can read about the basic service on our website. This is a service dedicated to entities that need substantive support in the area of ​​environmental protection law.

 

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