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New environmental laws coming into force and impacting operations in Poland

Jerzy Kołłajtis Magda Trybuch. jkollajtis@environ.pl mtrybuch@environ.pl. New environmental laws coming into force and impacting operations in Poland. What laws and requirements came recently into force, or are expected to act in the near future. The new ODS law (in force)

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New environmental laws coming into force and impacting operations in Poland

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  1. Jerzy Kołłajtis Magda Trybuch jkollajtis@environ.pl mtrybuch@environ.pl New environmental laws coming into force and impacting operations in Poland

  2. What laws and requirements came recently into force, or are expected to act in the near future. • The new ODS law (in force) • The new criteria and requirements on waste disposal (final stages of preparation) • Environmental Liability Directive (published, will come into force in 2007)

  3. The new ODS (ozone depleting substances) law • Implements the EU requirements and came into force with the date of the Polish accession. Specific requirements were listed in several ministerial orders, published in the second half of 2004 and now all in force. • Forbids the use of several listed substances. • Requires to keep inventory of the used substances (incl. type, amount, source and use). • Requires the labeling of installations containing ODSs and creating technical maintenance sheets for these installations. • Requires the regular technical check (integrity) of ODS containing installations by personnel holding appropriate (new) certificates of qualifications.

  4. The waste disposal requirements • An executive order will be ready and published by autumn 2005. • Implements the EU regulations concerning the requirements and procedures of acceptance of waste on waste disposal sites (landfills). • Requires the preparation of basic characteristic of produced waste (producer). • Requires periodical checking of produced waste composition (producer). • Requires the verification of waste composition by the landfill operator before the admission of the waste to the landfill.

  5. Environmental Liability Directive • Has to be adopted in national law by 30th April 2007 when it comes into force. • Establishes a liability regime similar (though a bit less strict) to the American Superfund. • The operator found liable pays for the full extent of restoring of the environmental damage done. There is no ceiling (i.e. maximum value) for the costs incurred. • In cases when the environmental damage cannot be removed/reversed, the liable operator pays for a complementary clean-up to compensate the environmental losses.

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