Law on Waste Management

Translation generated by ChatGPT

The purified text of the Law on Waste Management includes the following regulations:

Law on Waste Management (“Official Gazette of Montenegro”, No. 064/11 dated 29.12.2011),

Law on Amendments to the Law on Waste Management (“Official Gazette of Montenegro”, No. 039/16 dated 29.06.2016), which indicates their dates of entry into force.

LAW ON WASTE MANAGEMENT

(“Official Gazette of Montenegro”, No. 064/11 dated 29.12.2011, 039/16 dated 29.06.2016)

I. BASIC PROVISIONS

Subject matter

Article 1

(1) This law regulates the types and classification of waste, planning, conditions and methods of waste management, and other issues of significance for waste management.

(2) Waste management includes preventing the generation of waste, reducing the amount of waste, or reusing waste, and collecting, transporting, processing, and disposing of waste, monitoring these processes, and subsequently maintaining landfills, including the activities of waste traders and intermediaries.

Exceptions from the application

Article 2

This law does not apply to:

Gaseous substances emitted into the air;
Land, including non-excavated contaminated land and buildings permanently attached to the land;
Uncontaminated soil and other materials excavated from construction works, if used for construction purposes, in their natural form at the construction site where they were excavated;
Radioactive waste;
Deactivated or delaborated explosives;
Straw and other non-hazardous agricultural or forestry materials found in nature and used in agriculture, forestry, or for energy production in a way that does not have a negative impact on the environment and human health;
Sediments that are moved within surface waters for water and watercourse management, flood prevention, or alleviation of flood, drought, or soil regeneration effects, if it is proven that these sediments are harmless;
Electrical and electronic products used for the needs of defense and security of Montenegro;
Batteries and accumulators used for the needs of defense and security of Montenegro;
Wastewater, waste generated on ships, by-products of animal origin, including processed animal products, except those intended for incineration, landfill disposal or use in biogas or composting plants, carcasses of dead animals, including animals slaughtered for the control of epizootics, and fecal matter, unless otherwise specified by special law.

Article 3

Certain terms used in this law have the following meanings:

Biodegradable waste is waste suitable for anaerobic or aerobic degradation (biowaste, paper, and cardboard).
Biomass is plant material from agriculture, forestry, and the food industry used for heating or in industrial processes; fibrous plant waste from primary cellulose and paper production from cellulose if burned on-site and if the heat generated by burning is used for heating or in industrial processes; cork waste; wood waste, except for wood waste containing halogenated organic substances or heavy metals generated by the use of wood protection products or coatings, which particularly includes wood waste from construction waste or waste generated by demolition;
Biowaste is biodegradable waste from gardens and parks, food, and other waste generated in households, catering, and retail facilities, and similar waste from facilities intended for the production of food products;
Landfill is a permanent site whose primary function is to dispose of waste on the surface or below the surface of the ground, including an internal landfill where the producer deposits its own waste at the site of origin, except for places where waste is prepared for further transport to processing sites at other locations and places for storing waste before processing for a period of up to three years or storing waste before disposal for a period of up to one year;
Product distributor is a company or entrepreneur that provides products for sale or use by end-users;
Waste-to-energy is the use of waste as fuel or in other ways to produce energy;
Construction waste is waste generated during the construction, maintenance, and demolition of buildings;
Waste holder is a waste producer or legal or natural person or entrepreneur who owns waste;
Industrial waste is waste generated in production processes in industry and crafts, which differs from municipal waste in its composition and characteristics;
Inert waste is non-hazardous waste in which significant physical, chemical, or biological changes cannot be caused, it does not dissolve, does not burn, is not biodegradable, does not pollute the environment, does not endanger human health, and whose drainage water, in contact with other materials, does not cause reactions and does not ecotoxicologically endanger the quality of surface or groundwater;
Waste generator is any person whose activities generate waste;
Sewage sludge is waste generated during the treatment of municipal wastewater in treatment plants;
Waste catalog is a list of waste according to its properties and place of origin, sorted into groups, subgroups, and types of waste with activities that produce waste;
Commercial waste packaging is waste from primary, secondary, and tertiary packaging that arises in the process of production, retail, services, and other activities, as well as performing tasks in agriculture, forestry, fishing, transport, and tourism;
Municipal waste packaging is waste from primary and secondary packaging that arises in households (household waste), industry, craft and service activities, as well as other activities and the public sector, and is similar to waste from households in terms of nature, place of origin, and composition;
Municipal waste is waste generated in households or during activities that is similar in its properties to waste generated in households.
Waste packaging is packaging or packaging material that is waste, except for material remnants that are generated during the packaging production process.
29a) Mining waste is waste generated during exploration, exploitation (including preparation phase), processing, and storage of organic and inorganic materials from the soil, such as fossil fuels, metal ores, industrial minerals, and minerals used in construction, as well as waste generated in quarries, except waste generated during the exploration, exploitation, and preparation of mineral raw materials that are not directly related to these activities (waste oils, food, worn-out vehicles, and used batteries and accumulators) and waste generated from extractive industries that may be radioactive.
Waste lubricating oils and fluids are any mineral, semi-synthetic, or synthetic oils in liquid or semi-liquid state, industrial, insulating (oil used in electrical power systems), or thermal oils (oil used in heating or cooling systems), as well as fluids for hydraulic purposes (hydraulic brakes and other prepared fluids for hydraulic transmission).
Waste vehicle is a vehicle that is considered waste, an abandoned vehicle, or a vehicle that cannot be used for its intended purpose.
Waste batteries and accumulators are discarded, used-up, or damaged batteries and accumulators that cannot be used.
Waste tires or tyres are tires whose service life has expired or are worn out or discarded due to damage or other reasons.
PCBs are polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs), monomethyltetrachlorodiphenylmethanes, monomethyl-dichlorodiphenylmethanes, monomethyl-dibromodiphenylmethanes, or any mixture containing any of these substances in a concentration greater than 0.005% by weight, including devices, objects, materials, or liquids containing, consisting of, or contaminated with PCBs.
Underground storage is a place for waste disposal in a deep geological cavity such as former salt or potassium mines.
Reuse is the process by which products or parts of products that are not waste are reused for the same purpose for which they were originally created.
Special waste types are: waste from electrical and electronic equipment, waste vehicles, waste tires, waste batteries and accumulators, waste lubricating oils and fluids, waste packaging, construction waste, mining waste, waste containing asbestos, PCB waste, sewage sludge, medical and veterinary waste.
An intermediary is a business entity or entrepreneur that organizes waste processing or disposal on behalf of others, including intermediaries that do not take physical possession of the waste.
A facility is a stationary or mobile technical unit, which, together with its construction component, constitutes a technological entity for the storage, processing, or disposal of waste.
Waste processing is the process of obtaining materials or products that are used as raw materials or the process of preparing waste to obtain those materials or products in a waste processing facility or in a broader production context.
A carrier is a business entity or entrepreneur that carries out waste transport.
Preparation for reuse of waste refers to processing procedures, such as checking, cleaning, or repairing, that prepare products or parts of products that have become waste for reuse without undergoing any other prior treatment.
Temporary, or time-limited waste storage is the storage of waste for a specific period at the locations where the waste was produced or during waste collection for transportation to waste treatment facilities.
A waste producer is the original waste producer or any person who performs prior processing, mixing, or other procedures that change the properties or composition of the waste.
A spatial planning document is a planning document that determines the organization, use, and purpose of space, as well as measures and guidelines for the arrangement, protection, and improvement of space (spatial plan of Montenegro, detailed spatial plan, state location study, spatial-urban plan of local self-government, detailed urban plan, urban project, local location study, and other planning documents).
A recycling yard is a place arranged for the collection and temporary storage of separately collected fractions of municipal waste by type or category.
A recycling center is a place arranged for the collection and temporary storage of all types or categories of separately collected municipal waste, and for collecting mixed municipal waste for sorting or other processing.
Recycling is a process of reprocessing waste in order to replace other materials used for the original or other purposes.
Regeneration of waste oils is a process of reprocessing waste oils in order to obtain base oil by removing impurities, oxides, and additives.
Waste collection is the process of collecting waste from the generator, including pre-sorting and temporary storage of waste for transport to a waste treatment facility.
Waste incineration is the treatment of waste in stationary or mobile thermal treatment facilities with or without the use of heat energy through incineration, oxidation of waste, or other thermal processes such as pyrolysis, gasification, or plasma processing, where the product of these processes is intended for subsequent incineration.
Waste prevention measures are measures taken to prevent the generation of waste or measures that reduce, before the material or object becomes waste:
the amount of waste, including reuse of products or extension of their lifespan,
negative impacts of generated waste on the environment and human health,
content of harmful substances in materials and products.
Co-incineration is the treatment of waste in an energy or material production facility that uses waste as the main or additional fuel, or in which waste is thermally treated for its disposal by incineration or some other thermal treatment process such as pyrolysis, gasification, or plasma processing, if the products of co-incineration are subsequently incinerated.
A transfer station is a place where waste is brought and temporarily stored for selection or transfer before transport to a processing and disposal facility.
Waste transport is the transport of waste outside of a facility, which includes loading, transport (including transshipment), and unloading of waste.
A waste trader is a business entity or entrepreneur involved in the procurement and sale of waste, a representative of the producer (principal), including intermediaries who do not take physical possession of the waste.
56a) A major accident in the management of mining waste is an event caused by a failure or improper operation of a facility and/or mining waste treatment plant, which poses short-term and long-term significant risks to human health and the environment.
Veterinary waste is waste generated during the provision of veterinary services, as well as during scientific testing and experiments on animals.

Principles of Waste Management

Article 4

Waste management is based on the following principles:

Sustainable development, which ensures more efficient use of resources, reduces the amount of waste and manages waste in a way that contributes to achieving sustainable development goals;
Proximity and regional waste management, for the treatment of waste as close to its origin as possible in accordance with the economic justification of the location choice, while regional waste management is ensured through the development and implementation of regional strategic plans based on national policy;
Precautionary measures, i.e. preventive action, by taking measures to prevent negative impacts on the environment and human health in the absence of scientific and technical data;
“Polluter pays,” under which waste producers bear the cost of waste management, preventive action and the cost of remedial measures due to negative impacts on the environment and human health;
Hierarchy, which ensures respect for the order of priorities in waste management, namely prevention, preparation for reuse, recycling, other methods of treatment (energy recovery) and waste disposal.

Environmental Protection and Human Health

Article 5

Waste management is carried out in a way that does not have a negative impact on the environment and human health, especially:

on water, air, soil, plants, and animals;
in terms of noise and odor;
on areas of special interest (protected natural and cultural heritage sites).

II. WASTE MANAGEMENT

Waste classification

Article 6

(1) Waste is classified according to:

– groups and subgroups, in accordance with the origin of waste;

– types, depending on their hazardous properties.

(2) Waste is sorted into groups and subgroups depending on the activity in which it was produced, or the way it was generated.

(3) Types of waste, depending on their hazardous properties, are hazardous and non-hazardous waste, and, in terms of disposal, inert waste.

(4) Waste classification, waste catalog, waste treatment procedures, as well as waste processing and disposal, are determined by regulations of the competent state administration authority for environmental affairs (hereinafter: the Ministry).

Waste characterization

Article 7

(1) Waste characterization includes determining the group or subgroup of waste according to the waste catalog, and the type of waste depending on the hazardous properties determined through testing.

(2) The waste holder is obliged to carry out waste characterization, except for municipal waste generated in households.

(3) Waste characterization is carried out based on the waste catalog.

(4) If waste characterization cannot be performed based on the waste catalog, it is carried out by testing the hazardous properties of the waste.

(5) Waste that is not classified as hazardous in the waste catalog is considered hazardous waste only if testing determines that it has one or more hazardous properties, in accordance with regulations.

(6) Testing of hazardous waste properties may be carried out by an accredited laboratory with legal entity status that meets the requirements regarding staff, equipment, and facilities.

(7) The methods for testing hazardous waste properties and the detailed conditions from paragraph 6 of this Article are determined by the Ministry’s regulation.

By-products

Article 8

(1) Material or object resulting from a production process, whose primary purpose is not the production of that material or object, is not waste, but a by-product provided that:

further use of the material or object is certain;

the material or object can be used directly or without further production process, or if the production process is part of common industrial practice;

the material or object is produced as an integral part of the production process;

the material or object meets all the requirements for the intended use regarding product safety, environmental protection, and human health, in accordance with the law.

(1) The detailed conditions from paragraph 1 of this Article are determined by the Government of Montenegro.

End of waste status

Article 9

(1) Waste that has undergone a recovery operation, including recycling, shall no longer be considered as waste provided that:

the resulting material or object is commonly used for specific purposes;
there is a market or demand for such material or object;
the material or object meets specific requirements for the relevant use and meets all applicable product standards and regulatory requirements;
the use of the material or object will not lead to overall adverse environmental or human health impacts.
The criteria for determining end-of-waste status for specific types of waste, including threshold values for hazardous substances in waste, shall be established by the government regulation.

Obligations of the original waste producer

Article 10

(1) The original waste producer shall apply a technological process, use raw materials and other materials, organize services, or take other steps to prevent the generation of waste or to minimize the amount of waste produced.

(2) The original waste producer may carry out waste treatment independently or entrust it to a waste trader or a company or entrepreneur engaged in waste collection or treatment in accordance with this law.

(3) If, in addition to municipal waste, waste is transported for prior treatment from the original waste producer to waste collection or treatment operators referred to in paragraph 2 of this article, the responsibility of the original waste producer for the complete treatment or disposal of the waste shall not be terminated.

(4) The provision of paragraph 3 of this article does not apply to the original waste producer of municipal waste generated in households.

Obligations of the original waste producer

Article 10

(1) The original waste producer shall apply a technological process, use raw materials and other materials, organize service activities, or act in a way that prevents waste generation or produces the minimum amount of waste.

(2) The original waste producer may carry out waste treatment independently or entrust it to a waste trader or a company or entrepreneur engaged in waste collection or treatment, in accordance with this law.

(3) If waste, other than municipal waste, is transported for pre-treatment from the original waste producer to the entity that performs waste collection or treatment referred to in paragraph 2 of this Article, the responsibility of the original waste producer for the complete treatment or disposal of the waste does not cease.

(4) The provision of paragraph 3 of this Article does not apply to the original waste producer of municipal waste in households.

Extended producer and importer responsibility

Article 11

(1) Companies or entrepreneurs that produce or improve, process, sell, or import electrical and electronic products, vehicles, tires, batteries and accumulators, and packaging (hereinafter: producer or importer) have extended responsibility and are obliged to organize waste management activities that arise from these products.

(2) The producer or importer referred to in paragraph 1 of this Article is obliged to:

Register as a producer or importer with extended responsibility;
Keep records and report the quantities of products produced or imported, or equipment in which those products are incorporated;
Accept returned products or waste that remains after the use of those products;
Subsequently manage the waste and assume financial responsibility for these activities;
Provide information on the extent to which the product is suitable for reuse or recycling and identify the recycling components of the product and label the products with information about the type and method of waste management arising from products subject to extended responsibility referred to in paragraph 1 of this Article;
Design or project products in a way that reduces negative environmental impact, reduces waste production and ensures that processing and disposal of waste products are carried out in an environmentally acceptable and safe manner, with recommendations for the development, production, and marketing of products suitable for multiple use, technically durable, or with longer service life, and when they become waste, they are suitable for proper and safe processing and disposal.

(3) The Agency maintains the register of producers and importers with extended responsibility.

(4) To register as a producer or importer with extended responsibility, the producer or importer shall submit an application to the Agency.

(5) The limit values of the presence of hazardous substances in individual parts of the products referred to in paragraph 1 of this Article that are produced in Montenegro or imported for placement on the market or use, as well as information on the type and method of waste management arising from these products, are determined by the regulation of the Ministry.

(6) The method of keeping records and reporting the quantities of products produced or imported, or equipment in which those products are incorporated, the method of labeling, the method of keeping the register, and the content of the application for registration as a producer or importer with extended responsibility, as well as the method of keeping the register of organized systems for waste collection and treatment referred to in Article 11a paragraph 2 of this law, shall be determined by the regulation of the Ministry.

Organized system for waste collection and processing

Article 11a

(1) The producer or importer is obliged to participate in an organized system for waste collection and processing in accordance with articles 47, 48, 49, 51, and 53 of this law by establishing and ensuring the functioning of the system, or by joining a system managed by a company that meets the conditions set out in paragraph 2 of this article.

(2) An organized system referred to in paragraph 1 of this article may be managed by a company registered in the register of organized systems for waste collection and processing, maintained by the Agency.

(3) The producer or importer from paragraph 1 or the company from paragraph 2 of this article shall apply to the Agency for registration in the register of organized systems for waste collection and processing.

(4) The application from paragraph 3 of this article shall be accompanied by:

Information about the applicant (name and address, or name and headquarters);
A contract with one or more producers or importers who have placed on the market or put into circulation at least 30% of the total quantity of one of the products listed in Article 11 paragraph 1 of this law, produced or imported in Montenegro, in the last three years, specifying the transfer of rights and obligations for organizing activities from Article 11 paragraph 2 points 3 and 4 of this article;
A specification of the types of waste for which the applicant, on behalf of the producer or importer, organizes activities from Article 11 paragraph 2 points 3 and 4 of this law and assumes obligations under Articles 47, 48, 49, 51, and 53 of this law; and
Proof of registration as a waste collector or transporter and/or a permit for waste processing and/or disposal.

(5) The fulfillment of the conditions for registration in the register of organized systems for waste collection and processing is determined by the Agency.

(6) The Agency issues a decision on registration in the register from paragraph 5 of this article, or on refusal to register, to the applicant within 20 days from the date of application submission.

(7) The Agency will delete the producer or importer, or the company from paragraph 2 of this article from the register of organized systems for waste collection and processing if, in the last two years, the producers or importers with whom the applicant has signed contracts from paragraph 4 point 2 of this article have placed on the market or put into circulation less than 25% of the total quantity of one of the products listed in Article 11 paragraph 1 of this law, produced or imported during those two years.

Obligations of waste holders

Article 12

(1) The waste holder is obliged to manage the waste in accordance with this law.

(2) The waste holder is obliged to provide waste processing, and if processing is impossible or economically or environmentally unjustified, to provide waste disposal or other means of waste removal in accordance with this law.

Waste collection and processing

Article 13

(1) Waste is collected separately if it is technically and economically feasible and environmentally justifiable, and does not mix with other waste or materials that have different properties.

(2) Exceptionally, separate collection of municipal waste is mandatory.

(3) Paper, metal, plastic, glass, and biowaste are collected separately in accordance with the plan from Article 19 of this law.

(4) Waste collection and processing are carried out in a way that ensures compliance with the principles from Articles 4 and 5 of this law.

(5) The method of separate collection and collection of municipal waste for processing is determined by the regulation of the competent authority of the local self-government unit, with prior approval from the Ministry.

Reuse and recycling

Article 14

Waste management is carried out in such a way that:

at least 50% of the total mass of collected waste material, such as paper, metal, plastic, and glass, from households and other sources with waste streams similar to those from households, is prepared for reuse and recycling;

at least 70% of non-hazardous construction waste is prepared for reuse and recycling and other processing methods, such as using it to replace other materials in the process of filling, excluding materials from nature.

Prohibition of mixing hazardous waste

Article 15

(1) Mixing different types of hazardous waste and mixing hazardous waste with non-hazardous waste is prohibited.

(2) Diluting hazardous substances is also considered mixing hazardous waste.

(3) Exceptionally from paragraph 1 of this article, waste can be mixed provided that its mixing increases the safety of waste treatment processes and if:

mixing is carried out in accordance with the permit for waste treatment;
mixing waste does not increase negative impact on the environment and human health;
the mixing procedure is in accordance with the best available techniques.
Marking of hazardous waste

Article 16

(1) During collection, transportation, and temporary storage, hazardous waste is packaged and marked in accordance with the law regulating the transport of dangerous goods.

(2) Hazardous waste during transport within the country must be accompanied by a document on the transport of dangerous goods, in accordance with the law.

(3) The document referred to in paragraph 2 of this article may be in electronic form.

(4) The provisions of paragraphs 1, 2, and 3 of this article apply to hazardous municipal waste when a business entity and entrepreneur holding a waste treatment permit collects, processes, or disposes of it, in accordance with this law.

Waste disposal

Article 17

(1) Waste disposal is carried out at a location designated for this purpose in spatial planning documents, as well as in facilities or objects that meet the conditions prescribed by law.

(2) Waste disposal is carried out in accordance with this law.

(3) Burning waste in open spaces and/or in enclosed spaces and/or in facilities without a permit in accordance with Article 31 of this law is prohibited.

IV. WASTE MANAGEMENT PLANS AND PROGRAMS

Types of Plans

Article 18

Waste management is carried out in accordance with the state waste management plan (hereinafter: State Plan) and local plans for the management of municipal and non-hazardous construction waste (hereinafter: local plan), which does not contain or is not exposed to hazardous materials.

State Plan

Article 19

(1) The state waste management plan is the basic document determining the long-term goals of waste management and establishing the conditions for rational and sustainable waste management in Montenegro.

(2) The state plan provides an overview of the current state of waste management, with measures to be taken to provide the best conditions for preparing waste for reuse, recycling, and disposal in an environmentally acceptable manner, while protecting human health.

(3) The state plan contains:

the type, quantity (mass), and origin of waste generated in Montenegro and an estimate of the type and quantity (mass) of waste to be produced annually during the planning period from paragraph 5 of this article in Montenegro and the origin of that waste;
the percentage of the total quantity (mass) of waste estimated annually for reuse and recycling, to achieve the percentages specified in Article 14 of this Law, including the method of establishing and supporting a network for reuse and separate collection, as well as economic instruments;
the type, quantity (mass), and origin of waste to be imported or exported from Montenegro;
an overview of the current state of waste collection and the organization of major waste treatment facilities, including special procedures for hazardous waste and special types of waste;
an estimate of the need to establish additional organizational structures for waste collection, the closure of existing facilities, the establishment of additional waste treatment capacities (respecting the proximity principle), and the necessary financial resources;
criteria for determining the number, location, and capacity of future waste disposal and/or waste treatment facilities;
general waste management policy, including planned waste management technologies and methods or policies for waste with specific implementation problems in common waste management procedures;
organizational aspects of waste management, including the division of tasks and responsibilities between public and private entities engaged in waste management;
an assessment of the usefulness and applicability of using economic and other instruments to address different waste-related problems, taking into account the need to maintain the smooth functioning of the market;
the way of raising awareness and providing information to the public or specific consumer groups about waste management and the implementation of such campaigns.
Information on unregulated waste disposal sites and measures for their remediation or recultivation and the prevention of further waste disposal at those locations;
11a) Deadlines for the temporary storage of municipal and non-hazardous construction waste pursuant to Articles 78 and 78a of this Law;
Measures to prevent the creation of packaging waste and reduce the impact of packaging waste on the environment, the responsibility of producers to reduce the impact of packaging waste on the environment, and the promotion of the use of returnable packaging;
Measures for the establishment of an integrated and appropriate network of facilities that enable proper waste management, respecting the proximity principle and ensuring a high level of environmental protection and public health, including facilities for waste disposal and facilities for processing mixed municipal waste collected from households and other sources, using the best available techniques;
Measures for the removal of PCBs and decontamination of equipment containing PCBs, and deadlines for decontamination or disposal;
An action plan and a financing schedule and sources of funding required for the implementation of the State Plan.

(4) The Ministry informs the public of the drafting of the draft State Plan through at least one electronic media broadcasted in Montenegro and a printed media distributed in Montenegro.

(5) The Government, upon proposal of the Ministry, adopts the State Plan for a period of no less than five years.

(6) The State Plan may be changed or supplemented as necessary.

(7) The State Plan is published in the “Official Gazette of Montenegro”.

Program for the disposal of biodegradable waste

Article 20

(1) The program for the disposal of biodegradable waste establishes measures to reduce the amount of biodegradable waste that is disposed of, including recycling, composting, production of biogas and materials, and/or energy recovery, to ensure that the amount of biodegradable municipal waste that is landfilled reaches a level of 35% of the total mass of biodegradable waste produced in 2010.

(2) The program for the disposal of biodegradable waste is an integral part of the National Plan.

Waste prevention program

Article 21

(1) The waste prevention program establishes objectives and measures to prevent the generation of waste, as well as indicators to monitor and assess progress achieved through the implementation of these measures.

(2) The waste prevention program is an integral part of the National Plan.

Plans for the management of medical and veterinary waste and sewage sludge

Article 22

(1) The plan for the management of medical waste and the plan for the management of veterinary waste and sewage sludge are integral parts of the National Plan.

(2) The plan for the management of medical waste is prepared by the state administration body responsible for health.

(3) The plan for the management of veterinary waste is prepared by the state administration body responsible for veterinary affairs.

(4) The plan for the management of sewage sludge is prepared by the Ministry.

(5) The plan referred to in paragraphs 2 and 3 of this Article contains in particular:

Produced and expected types, quantities (mass) and origins of medical and veterinary waste and sewage sludge in Montenegro;
An overview of the existing situation and organization of collection of medical and veterinary waste and sewage sludge and facilities for processing and disposal, including special procedures for medical and veterinary waste and sewage sludge;
The policy for the management of medical and veterinary waste and sewage sludge, including planned technologies and methods for managing medical and veterinary waste and sewage sludge or policies for medical and veterinary waste and sewage sludge for which specific problems exist in the application of usual procedures for managing medical and veterinary waste and sewage sludge;
An assessment of the need to establish additional organizational structures for the collection of medical and veterinary waste and sewage sludge, closure of existing facilities necessary in waste management procedures, establishment of additional capacities for the processing of medical and veterinary waste and sewage sludge (respecting the proximity principle), as well as necessary financial resources;
Criteria for determining the locations and capacities of future facilities for the disposal of medical and veterinary waste and sewage sludge and/or processing facilities;
An action plan and a financing schedule and sources of financial resources required for the implementation of these plans.

(6) The state administration body responsible for health provides conditions and ensures the implementation of the plan for the management of medical waste.

(7) The state administration body responsible for veterinary affairs provides conditions and ensures the implementation of the plan for the management of veterinary waste.

(8) The Ministry provides conditions and ensures the implementation of the plan for the management of sewage sludge.

Local Plan

Article 23

(1) The Local Plan is adopted by the assembly of the local self-government unit for the period covered by the State Plan.

(2) The Local Plan may be amended and supplemented as needed.

(3) The Local Plan must be consistent with the State Plan.

(4) The Local Plan is submitted to the Ministry for approval to assess its consistency with the State Plan.

(5) The Local Plan must contain in particular:

The type, quantity (mass), and origin of municipal waste generated in the territory of the local self-government unit and an estimate of the type and quantity (mass) of municipal waste that will be generated annually during the planning period specified in paragraph 1 of this Article and its origin;
The locations of existing facilities and objects for processing municipal waste, or for local self-government units that do not have a landfill built in accordance with the law, locations for temporary storage of waste from Article 78 of this Law;

2a) Information about unregulated waste disposal sites and measures for their remediation or reclamation and ways to prevent further waste disposal at those locations, as well as remediation and reclamation of temporary storage of municipal waste from Article 78 of this Law;

2b) The locations of existing facilities for processing construction waste that does not contain or is not exposed to hazardous materials (hereinafter: non-hazardous construction waste) and objects for disposing of non-hazardous construction waste and/or inert waste landfills, or for local self-government units that do not have built facilities for processing construction waste and objects for disposing of non-hazardous construction waste and/or inert waste landfills in accordance with the law, the location for the temporary storage of non-hazardous construction waste in accordance with Article 78a of this Law;

2c) The way of organizing and performing waste management activities for the part of the local self-government unit’s territory that is a protected area or area of the sea;

The method and program of separate collection and transport of municipal and construction waste from households and from producers not subject to the obligation to adopt a waste management plan, including bulky and other municipal and construction waste that cannot be deposited at places designated for the disposal of municipal and construction waste;
A description of the activities that take place in recycling yards and transfer stations and recycling centers for the temporary storage or processing of municipal waste;
Measures to prevent or reduce the amount of municipal waste generated and its negative impact on the environment and human health, and ensuring proper management of municipal waste;
The method of separate collection and measures to reduce the amount of biodegradable waste contained in municipal waste deposited in landfills;
The timeline for implementing the chosen methods and procedures for managing municipal waste;
An action plan and timeline for financing and sources of financial resources for the implementation of the Local Plan;
The way to strengthen public awareness of proper municipal waste management practices.

(6) The competent local government body informs the public about the drafting of the Local Plan through at least one electronic medium broadcasted in the territory of the local self-government unit and a printed medium distributed in the territory of Montenegro.

(7) The draft Local Plan of a local self-government unit whose territory includes protected areas or areas of the sea is submitted for an opinion to the legal entity managing that area.

(8) The opinion from paragraph 7 of this Article is given within 15 days from the receipt of the draft Local Plan.

(9) The executive body of the local self-government unit is responsible for implementing the Local Plan.

Joint management of municipal and non-hazardous construction waste

Article 24

Two or more units of local self-government may jointly provide management of municipal and non-hazardous construction waste in accordance with the law.

Reporting on implementation of plans

Article 25

(1) The annual report on the implementation of the State Plan shall be submitted by the Ministry to the Government by November 30th of the current year for the previous year.

(2) The annual report from paragraph 1 of this Article shall also contain the achieved level of waste treatment and recycling.

(3) Reports on the implementation of the plan from Article 22 paragraphs 2 and 3 of this law shall be an integral part of the report from paragraph 1 of this Article.

(4) Reports from paragraph 3 of this Article shall be prepared by the state administration bodies responsible for health and veterinary affairs and submitted to the Ministry no later than April 30th of the current year for the previous year.

(5) An integral part of the annual report from paragraph 1 of this Article is the report on the implementation of the sewage sludge management plan, which is prepared by the Ministry.

(6) The competent local self-government body shall adopt the annual report on the implementation of the local plan no later than May 20th of the current year for the previous year.

(7) The competent local self-government body shall provide the Ministry and the Agency with the annual report on the implementation of the local plan in electronic and written form no later than June 30th of the current year for the previous year.

(8) The detailed content of the reports from paragraphs 1, 3, and 5 of this Article, as well as the manner of their submission, shall be determined by the Ministry’s regulation.

Waste management plan for waste producers

Article 26

(1) A waste producer who produces more than 200 kg of hazardous waste or more than 20 tons of non-hazardous waste annually shall prepare a waste management plan in accordance with this law.

(2) The waste producer from paragraph 1 of this Article shall prepare a waste management plan no later than 60 days before the start of the process or activity that generates waste.

(3) The provisions of this Article shall not apply to municipal and construction waste.

Content of the waste management plan for waste producers

Article 27

(1) The plan from Article 26 of this law shall contain, in particular, information on:

the type, quantity, and place of generation of individual types of waste annually, in accordance with the waste catalog;
the period during which the process or activities that result in waste will be carried out;
measures to prevent waste generation or reduce the amount of waste and its negative impact on the environment;
the method of waste management, which shall include in particular, collection, temporary storage (location), transport, and waste treatment.

(2) The waste producer shall enter into the waste management plan any changes related to the information from paragraph 1 of this Article, no later than 30 days from the day of the change.

(3) The detailed content of the plan from paragraph 1 of this Article and the manner of its preparation shall be determined by the Ministry’s regulation.

Approval of Waste Management Plan of Waste Producers

Article 28

(1) The approval of the hazardous waste management plan for quantities exceeding 200 kg per year, and the approval of the non-hazardous waste management plan for quantities exceeding 200 tons per year, shall be given by the environmental protection administration (hereinafter: the Agency) within 20 days from the date of submission of the waste management plan by the waste producer.

(2) The waste producer shall submit the plan referred to in paragraph 1 of this Article to the Agency for approval at least 60 days before the start of the process or activity that generates waste.

(3) Before giving the approval for the waste management plan referred to in paragraph 1 of this Article, the Agency shall obtain the opinion of the competent local self-government unit in whose territory the waste is produced, and the competent local self-government unit in whose territory the waste is disposed of.

(4) The opinion referred to in paragraph 3 of this Article shall be given within 15 days from the date of receipt of the plan referred to in paragraph 1 of this Article.

(5) The Agency shall not give approval to the waste management plan referred to in paragraph 1 of this Article if:

the proposed waste management plan is not prepared in accordance with Article 27 of this Law;
the proposed waste management method may endanger the environment and human health;
the proposed waste management method is not in accordance with the State Plan.

Content of Approval of Waste Management Plan of Waste Producers

Article 29

(1) The act of giving approval to the plan referred to in Article 26, paragraph 1 of this Law shall determine, in particular:

the maximum amount of individual types of waste in accordance with the waste catalog, produced during one year;
the waste management method, which includes waste collection, temporary storage (location), transport, and waste treatment.

(2) The approval referred to in paragraph 1 of this Article shall be valid for a period of up to three years.

(3) If there are any changes in the quantity and method of waste management specified in the act referred to in paragraph 1 of this Article, the waste producer shall inform the Agency to obtain approval within six months from the occurrence of the change.

Prohibition

Article 30

It is prohibited to manage waste in a manner that is not in accordance with the waste management plans established by this Law.

V. PERMITS AND REGISTRATIONS

Permit for waste processing and/or disposal

Article 31

(1) Waste processing and/or disposal may be carried out by a company or an entrepreneur if they have appropriate equipment, a waste processing facility, and the necessary number of employees, based on a permit for waste processing and/or disposal.

(2) It is prohibited for a company or entrepreneur mentioned in paragraph 1 of this article to accept waste from a generator who does not produce waste during the course of their activity or business, except from a company or entrepreneur mentioned in Article 40, paragraph 1 of this law.

(3) For a company or entrepreneur carrying out waste processing and/or disposal in a facility that meets the conditions determined by the law regulating integrated pollution prevention and control, the permit from paragraph 1 of this article is included in the integrated permit, in accordance with the law.

(4) Compliance with the conditions for waste processing and/or disposal activities is determined and the permit from paragraph 1 of this article is issued by the Agency.

(5) The permit from paragraph 1 of this article is issued for a period of up to five years.

(6) The permit from paragraph 1 of this article may be extended for a period of no more than five years.

(7) The Agency revokes the permit from paragraph 1 of this article and removes it from the register of issued permits if the company or entrepreneur mentioned in paragraph 1 of this article fails to meet the conditions prescribed by this law.

(8) The Agency maintains a register of issued permits from paragraph 1 of this article.

(9) Detailed conditions from paragraph 1 of this article and the method of keeping the register from paragraph 6 of this article are determined by the regulation of the Ministry.

Content of the permit for waste processing and/or disposal

Article 32

(1) The permit from Article 31 of this law contains in particular:

data on the location;
quantities (masses) and types of waste that can be processed and/or disposed of;
technical and other conditions that are significant for the process of waste processing and/or disposal;
safety and other precautionary measures that need to be taken, or measures for protection against accidents and fire;
methods that will be applied for each process of waste processing and/or disposal;
the way in which the processing and/or disposal procedures will be monitored and environmental monitoring;
conditions related to the closure, maintenance, and monitoring of the condition after the closure of the landfill or facility.

(2) The permit issued for a waste incineration and/or co-incineration facility, in addition to the data from paragraph 1 of this article, must contain measures for energy use that satisfy the level of energy efficiency established in the sublegal act from Article 6, paragraph 4 of this law, which is not lower than 0.65.

The Request for Issuing a Permit for Waste Processing and/or Disposal

Article 33

(1) The permit under Article 31 of this law is issued based on a request.

(2) The request under paragraph 1 of this Article particularly contains:

information about the requester (name and address or company name and headquarters);

1a) identification data of the facility or object for waste processing and/or disposal (cadaster and urban parcel number);

information about the waste processing and/or disposal procedure and the location where waste will be processed;
the type of waste, in accordance with the waste catalogue and waste characteristics;
planned annual quantities (mass) of individual types of waste;
the method of waste transport;
the planned period for waste processing and/or disposal.

(3) The following documentation is submitted with the request for issuing a permit under paragraph 1 of this Article:

proof of registration of the requester in the Central Registry of Business Entities (hereinafter: CRPS);

1a) occupancy permit for the facility or object for waste processing and/or disposal issued in accordance with the law regulating the construction of buildings;

a detailed description of the work process that particularly contains:
a description of the location and identification of the risk source (waste management method, waste types),
the equipment of the location of the facility or landfill in terms of pollution prevention and control,
the technological process and equipment of the facility or landfill;
documentation about the location (land registry or lease agreement and copies of previously obtained permits);
a monitoring program and a method of reporting on: waste composition, gas emissions, quality of wastewater, quality of groundwater, quality of surface water, suspended particles, noise, unpleasant odors, number and reduction of pests and birds, and waste distribution;
a plan for protection and rescue in case of accidents and a certified fire protection plan in accordance with the law;
a proposed plan for closing and maintaining the landfill or facility after closing;
an insurance policy in case of accidents or damage caused to third parties or their property, in accordance with the law;
other documents at the request of the Agency.

(4) The land registry and the documents under paragraphs 3 points 1a and 3 of this Article are obtained by the Agency ex officio.

(5) The insurance policy under paragraph 3 point 7 of this Article is submitted annually to the Agency.

(6) The method of calculating the amount of insurance under paragraph 3 point 7 of this Article is determined by the Ministry, with the approval of the competent authority for finance.

(7) The Ministry determines the detailed content of the work process description under paragraph 3 point 2 of this Article.

Public notification

Article 34

(1) The Agency shall inform the public of the submitted application for the issuance of a permit under Article 31 of this Law through at least one printed media distributed in the territory of Montenegro, at the expense of the applicant, within three days from the day of receiving the application.

(2) The notification under paragraph 1 of this Article shall contain:

information about the applicant (name and address, or name and registered office);
information about the location;
a brief description of the technological process and the equipment of the plant or landfill;
the place where the submitted documentation can be inspected;
the deadline for submitting opinions and proposals.

(3) The deadline for submitting opinions and proposals under paragraph 2, point 5 of this Article shall not be shorter than 15 nor longer than 30 days from the day of the publication of the notification under paragraph 1 of this Article.

(4) If certain data from the application for the issuance of a permit and the submitted documentation represent business or personal secrets in accordance with the law, at the request of the applicant, access to such data may be limited, except for information on emissions, risks of accidents, monitoring results, and inspection supervision.

Refusal of the request for the issuance of a permit for waste treatment and/or disposal

Article 35

(1) The Agency shall refuse the request for the issuance of a permit for waste treatment and/or disposal if:

the conditions set forth in this Law are not met;
the waste treatment and/or disposal process may pose a risk to human life and health and the environment;
the process is not in line with the state and local plans;
the conditions set forth in the appropriate spatial planning documents do not exist.

(2) The decision on the issuance of a permit or the refusal of the request for the issuance of a permit under paragraph 1 of this Article shall be delivered to the applicant by the Agency and the public shall be informed in the manner specified in Article 34, paragraph 1 of this Law within eight days from the day of making the decision.

Collection and/or transport of waste

Article 36

(1) Collection and/or transport of waste may be carried out by a business entity or entrepreneur who has the necessary equipment for collecting and/or transporting waste and the required number of employees.

(2) It is prohibited for a business entity or entrepreneur under paragraph 1 of this Article to accept waste from a holder who does not generate waste during the performance of their activities, except from a business entity or entrepreneur under Article 40, paragraph 1 of this Law.

(3) The means and equipment used for collecting and/or transporting waste must ensure the prevention of waste scattering or spillage and the spread of dust, noise, and odors.

(4) When performing waste collection and/or transport tasks in a vehicle used for waste transport, a business entity or entrepreneur under paragraph 1 of this Article must have:

a copy of the registration certificate for the waste collector and/or transporter under Article 39, paragraph 2 of this Law,
a waste transport form under Article 44 of this Law.

(5) The means and equipment used for collecting and/or transporting hazardous waste must meet the conditions prescribed by the law governing the transportation of dangerous goods.

Registration for waste collection and transportation

Article 37

(1) Companies and entrepreneurs who meet the requirements set out in Article 36, paragraph 1 of this law for the activity of waste collection and transportation shall be registered in the register of waste collectors and transporters.

(2) Compliance with the requirements set out in paragraph 1 of this Article shall be determined by the Agency.

(3) The Agency shall remove companies and entrepreneurs from the register of waste collectors and transporters if they do not meet the requirements set out in Article 36, paragraph 1 of this law and other requirements set out in this law, and in the case of the imposition of a prohibition on operations.

(4) The register referred to in paragraph 1 of this Article shall be kept by the Agency.

(5) The method of keeping the register of waste collectors and transporters and the detailed requirements set out in Article 36, paragraph 1 of this law shall be determined by the regulation of the Ministry.

Application for registration in the register of waste collectors and transporters

Article 38

(1) Registration in the register of waste collectors and transporters shall be carried out based on an application.

(2) The application referred to in paragraph 1 of this Article shall include in particular:

information on the applicant (name and address, or name and registered office);
a specification of the types of waste to be collected or transported, including waste characteristics;
the territory where waste collection or transportation will be carried out;
the location and method of waste storage;
the method and type of transportation;
technical and organizational capacities;
an insurance policy for accidents or damage caused to third parties or their property.

(3) After registration in the register of waste collectors and transporters, companies or entrepreneurs from Article 36, paragraph 1 of this law shall annually provide the Agency with an insurance policy referred to in paragraph 2, point 7 of this Article.

(4) If an insurance policy is not submitted in accordance with paragraph 3 of this Article, the Agency shall remove the company or entrepreneur from the register of waste collectors and transporters.

(5) The application from paragraph 2 of this Article shall also include the consent of the local self-government unit on whose territory waste collection or transportation will be carried out.

Refusal of application for registration in the register of waste collectors and transporters

Article 39

(1) The Agency shall reject the application for registration under Article 38, paragraph 1 of this law if:

the requirements set out by law are not met;
the procedure could pose a danger to human life and health and the environment;
the procedure is not in accordance with the National and local plans.

(2) The Agency shall issue a decision on registration in the register of waste collectors and transporters or refusal of application for registration in the register of waste collectors and transporters within 20 days from the date of application submission.

Registration of traders and intermediaries

Article 40

(1) A company or entrepreneur registered with the Central Register of Commercial Entities and meeting the personnel and equipment requirements may be entered into the register of traders and intermediaries.

(2) It is prohibited for a company or entrepreneur referred to in paragraph 1 to receive waste from a generator who does not produce waste during their activities.

(3) Compliance with the requirements referred to in paragraph 1 is determined by the Agency.

(4) Entry into the register is based on a request.

(5) Along with the request under paragraph 4, a liability insurance policy for accidents or damage caused to third parties or their property must be submitted.

(6) After being entered into the register of traders and intermediaries, the company or entrepreneur referred to in paragraph 1 must submit the liability insurance policy to the Agency annually.

(7) If the liability insurance policy is not submitted in accordance with paragraph 4, the Agency shall remove the company or entrepreneur from the register of traders and intermediaries.

(8) The Agency maintains the register referred to in paragraph 1.

(9) The detailed conditions and procedures for maintaining the register and the content of the request for entry into the register referred to in paragraph 1 shall be prescribed by the Ministry.

Performance of multiple activities

Article 41

Companies and entrepreneurs who meet the requirements under this law may collect, transport, and process waste under a single permit.

Management of municipal waste

Article 42

(1) Municipal waste is collected, processed, and disposed of in accordance with this law.

(2) The original producer of municipal waste is required to collect the waste separately for recycling in accordance with this law.

Management of biowaste

Article 43

(1) Biowaste is separately collected in accordance with the local plan for composting and anaerobic treatment in a manner that ensures a high level of environmental protection and public health.

(2) Materials produced from biowaste may only be used if they are safe for the environment and public health.

(3) The conditions for processing biowaste and the criteria for determining the quality of organic recycling products from biowaste shall be prescribed by the Ministry.

Waste Record Keeping

Article 44

(1) Waste generators, traders, and brokers are obliged to keep records of the quantity and type of waste, in accordance with the waste catalog.

(2) Exceptionally from paragraph 1 of this Article:

Waste generators from paragraph 1 of this Article with fewer than ten employees who are not required to prepare a waste management plan, in order to maintain annual waste statistics, are not obliged to keep records of non-hazardous waste, and
The competent local government authority is obliged to keep records of municipal waste generated within its territory based on the data obtained from companies or entrepreneurs holding a permit for waste processing and/or disposal from Article 31 of this Law and/or from companies or entrepreneurs registered in the waste collector or transporter registry from Article 37 of this Law.

(3) Waste processors who keep records of waste management, the origin of the waste, and the location for waste processing, in addition to the information from paragraph 1 of this Article.

(4) Companies or entrepreneurs who use their waste for reuse and recycling are not obliged to keep records of waste from paragraph 1 of this Article.

(5) The records from paragraph 1 of this Article are kept in the form of a waste register, into which data for each type of waste is separately entered.

(6) The waste transport form is an integral part of the records from paragraph 5 of this Article.

(7) Based on the data from the waste quantity and type records, waste generators from paragraphs 1 and 3 of this Article, and the competent local government authority from paragraph 2, item 2 of this Article, are obliged to prepare annual waste reports that they submit to the Agency by March 1st of the current year for the previous year. The competent local government authority from paragraph 2, item 2 of this Article is also obliged to submit the annual report to the relevant local government authority.

(8) Records of hazardous waste must be kept for at least three years, while records of hazardous waste transport must be kept for at least one year.

(9) The method of keeping records from paragraph 5 of this Article, the content of the waste register and the waste transport form, the method of filling them out, the method of preparing annual waste reports from paragraph 7 of this Article, and the methodology for determining the composition and quantity (mass) of municipal waste in the territory of a local government unit, are determined by the Ministry regulation.

(10) The methodology for determining the composition and quantities (mass) of municipal waste in a local government unit area shall be established by a regulation of the Ministry.

Recordkeeping and Data Register

Article 45

(1) The Agency keeps a record of the production and management of waste based on data from the annual waste reports from Article 44 of this Law.

(2) The record from paragraph 1 of this Article is kept in electronic form and is an integral part of the environmental protection information system.

(3) An integral part of the environmental protection information system is also the register from Article 31, paragraph 6 of this Law.

(4) Data from the record from paragraph 1 of this Article and the register from Article 31, paragraph 6 of this Law are published on the Agency’s website.

VI. SPECIAL TYPES OF WASTE

Waste from Electrical and Electronic Equipment Article 46

(1) Producers of electrical and electronic products and equipment are obliged to produce them or to carry out production processes in a way that enables easy disassembly and assembly of equipment, especially reuse and recycling of waste from electrical and electronic products, their components, and materials, unless different production or production processes represent a significant advantage for the protection of the environment and human health or general product safety.

(2) It is prohibited to mix waste from electrical and electronic products with other types of waste.

(3) A company or entrepreneur from Article 36, paragraph 1 of this Law is obliged to collect or transport waste from electrical and electronic products in a way that enables the implementation of procedures for preparation for reuse and recycling of waste components or whole electrical and electronic devices.

(4) A company or entrepreneur who has a permit for the processing of waste from electrical and electronic products for households is obliged to provide priority reuse of electrical and electronic products in the same form and for the same purpose for which they were originally produced.

(5) Waste liquids from electrical and electronic products must be separated and treated in accordance with Article 52 of this Law.

(6) A company or entrepreneur that collects waste from electrical and electronic products is obliged to take measures to ensure that from households:

by August 14, 2021, at least 40% of the average annual mass of electrical and electronic products placed on the market in the last three years is collected, and
after August 14, 2023, at least 65% of the average annual mass of electrical and electronic products placed on the market in the last three years is collected.

(7) A company or entrepreneur that processes waste from electrical and electronic products is obliged to take necessary measures by August 14, 2018, to ensure:

processing of 80% of the average weight per device and at least 75% of the average weight per device for reuse or recycling of constituent parts and materials from acquired waste from large household appliances and vending machines;
processing of at least 75% of the average weight per device and at least 65% of the average weight per device for reuse or recycling of constituent parts and materials from acquired waste IT and telecommunications equipment, waste from entertainment equipment, and waste from photovoltaic panels;
processing of at least 70% of the average weight per device and at least 50% of the average weight per device for reuse or recycling of constituent parts and materials from acquired waste from small household appliances, lighting equipment, electrical and electronic tools, toys and leisure and sports equipment, and monitoring and control instruments.

(8) A company or entrepreneur that processes waste from electrical and electronic products is obliged to take necessary measures after August 14, 2018, to increase all percentages from paragraph 7 of this Article by at least 10%.

(9) Deadlines for implementing measures from paragraphs 6 and 7 of this Article are determined by the National Plan.

Waste collection, transportation, and treatment system for electrical and electronic waste

Article 47

(1) Waste from electrical and electronic products that is not municipal waste according to the waste catalogue shall be handed over to a business or entrepreneur engaged in the collection, treatment, or disposal of special types of waste in accordance with this Law.

(2) Waste from electrical and electronic products that is municipal waste according to the waste catalogue shall be delivered to places designated for this type of waste within separate municipal waste collection or to places designated for collecting these types of waste by distributors.

(3) Producers and importers of electrical and electronic products shall participate in the organized system for the take-back, collection, and treatment of waste from electrical and electronic products.

(4) Producers and importers of electrical and electronic products shall bear the cost of the organized system for the take-back, collection, and treatment of waste from electrical and electronic products, which shall not be presented separately to customers from the price of the product.

(5) The method and procedure for establishing the system for the take-back, collection, and treatment of waste from electrical and electronic products and the operation of that system from paragraph 3 of this Article and the annual quantities of waste from electrical and electronic products that must be treated, processed, and recycled, including waste from electrical and electronic equipment delivered from other countries via internet sales, shall be determined by the Government.

Waste vehicles

Article 48

(1) The owner of a waste vehicle shall deliver the waste vehicle to a business or entrepreneur with a permit for the treatment of waste vehicles.

(2) The procedure for collecting and delivering waste vehicles whose owner is unknown shall be determined by a regulation of the Ministry.

(3) The costs of collecting and delivering waste vehicles from paragraph 2 of this Article shall be paid from the funds from Article 85 paragraph 2 of this Law.

(4) A business or entrepreneur from paragraph 1 of this Article shall:

keep records of all processing phases;
provide for the disposal of parts of the waste vehicle that cannot be processed;
ensure the separation of hazardous materials and components from the waste vehicle for further processing.

(5) Producers and importers of vehicles shall participate in the organized system for the take-back, collection, and treatment of waste vehicles.

(6) Producers and importers of vehicles shall bear the cost of the organized system for the take-back, collection, and treatment of waste vehicles.

(7) A business or entrepreneur from paragraph 1 of this Article shall take necessary measures to ensure that:

95% of the total mass of waste vehicles taken annually is reused or recycled;
85% of the total mass of waste vehicles taken annually is reused or recycled.

(8) Deadlines for meeting the conditions from paragraph 7 of this Article shall be determined by the State Plan.

(9) The method and procedure for establishing the system for the take-back, collection, and treatment of waste vehicles and the operation of that system and the annual quantities of waste vehicles that must be treated, processed, or recycled shall be determined by a regulation of the Government.

Waste Tires

Article 49

(1) Import of waste tires is prohibited.

(2) Exceptionally, waste tires can be imported for processing based on the approval of the Agency, provided that their import does not endanger the environment and human health.

(3) Mixing of waste tires with other waste is prohibited.

(4) The holder of waste tires is obliged to deliver the waste tire to a business entity or entrepreneur who has a permit for processing and disposal of waste tires.

(5) Tire manufacturers and importers are obliged to participate in an organized system for the collection, removal, and processing of waste tires.

(6) Tire manufacturers and importers bear the costs of the organized system for the collection, removal, and processing of waste tires.

(7) The manner and procedure for establishing a system for the collection, removal, and processing of waste tires and the operation of that system, including obligations regarding the annual quantities of waste tires that must be collected, processed, recycled, and disposed of, shall be determined by a Government regulation.

Waste Batteries and Accumulators

Article 50

(1) Waste batteries and accumulators are collected separately from other types of waste.

(2) Waste batteries and accumulators that are not municipal waste, in accordance with the waste catalog, are delivered to a business entity or entrepreneur engaged in the collection, processing, or disposal of special types of waste, in accordance with this law.

(3) Waste batteries and accumulators that are municipal waste, in accordance with the waste catalog, are delivered to places designated for this type of waste within separate collection of municipal waste or to places designated for the collection of these types of waste by distributors.

(4) Disposal and incineration of waste automotive and industrial batteries and accumulators is prohibited.

(5) Waste generated after the recycling of waste batteries and accumulators is disposed of in a landfill or incinerated in accordance with this law.

(6) Battery and accumulator distributors may collect waste batteries and accumulators without registration in the collector register referred to in Article 37 paragraph 1 of this law.

(7) Business entities or entrepreneurs who have a permit for the collection, processing, and/or disposal of waste batteries and accumulators are obliged to ensure that:

The level of collection of waste batteries and accumulators amounts to 45% of the total annual mass of batteries and accumulators placed on the market;
The level of recycling of waste batteries and accumulators is:
65% with respect to the average weight of acquired waste lead-acid batteries and accumulators, including lead recycling in batteries and accumulators;
75% with respect to the average weight of acquired waste nickel-cadmium batteries and accumulators;
50% with respect to the average weight of other acquired waste batteries and accumulators.

(8) Deadlines for meeting the conditions referred to in paragraph 7 of this article shall be determined by the National Plan.

Waste batteries and accumulators collection system

Article 51

(1) The manufacturer and importer of batteries and accumulators must participate in an organized system for the collection and processing of waste batteries and accumulators.

(2) The manufacturer and importer of batteries and accumulators bear the costs of the organized system for the collection and processing of waste batteries and accumulators.

(3) The manner and procedure for establishing the system for the collection and processing of waste batteries and accumulators and the operation of the system referred to in paragraph 1 of this Article, the annual quantities of waste batteries and accumulators that must be collected for processing, reprocessing, and recycling, and the method of calculating the average weight of the collected waste batteries and accumulators from Article 50 of this law shall be determined by the government regulation.

Waste lubricating oils and fluids

Article 52

(1) Discharging waste lubricating oils and fluids into water, land, or soil is prohibited.

(2) The holder of waste lubricating oils and fluids must separately collect the waste oils when technically feasible and must not mix waste oils of different characteristics or mix them with other types of waste or materials if such mixing prevents their processing, provided it is technically and economically feasible.

(3) The waste lubricating oil and fluid producer, if technically and economically feasible, ensures that waste lubricating oils and fluids are regenerated into base oil by purification, removal of impurities, oxidation products, and additives contained in these oils, or by other purification methods.

(4) Waste lubricating oils and fluids that cannot be regenerated are incinerated in a waste incineration plant that complies with the conditions prescribed by this law.

(5) If the holder of waste lubricating oils and fluids produced during the manufacturing process cannot process them in accordance with paragraphs 2, 3, and 4 of this Article, they must entrust the processing of waste lubricating oils and fluids to a business entity or entrepreneur who collects waste lubricating oils and fluids.

(6) Mixing waste lubricating oils and fluids during collection or storage with other hazardous waste, including waste containing PCB, is prohibited.

(7) The management of waste lubricating oils and fluids, in accordance with the technical and technological conditions for processing, is determined by the Ministry regulation.

Waste edible oils and fats

Article 52a

(1) Discharging waste edible oils and fats, which arise from food preparation in catering, tourism, and similar facilities with more than 20 seats, into the sewerage network and containers, waste collection bins, public areas, land and/or soil, and water is prohibited.

(2) The holder of waste edible oils and fats from paragraph 1 of this Article must separately collect the waste edible oils and fats from other types of waste.

(3) The holder of waste edible oils and fats from paragraph 2 of this Article must deliver the collected quantities of waste edible oils and fats to a business entity or entrepreneur registered as a waste collector or transporter, or who has a permit for waste processing and/or disposal.

Waste packaging

Article 53

(1) Waste packaging is collected separately from other types of waste.

(2) Commercial waste packaging is submitted to a company or entrepreneur who performs the activity of collecting, processing and/or disposing of this type of waste, in accordance with this law.

(3) Municipal waste packaging is submitted to places designated for this type of waste within the framework of separate collection of municipal waste or to places designated for the collection of this type of waste by distributors.

(4) The manufacturer and importer of packaging and packaged products are obliged to participate in the organized system of taking over, collecting and processing waste packaging.

(5) Manufacturers and importers of packaging bear the costs of the organized system of taking over, collecting and processing waste packaging.

(6) The company or entrepreneur that collects waste packaging is obliged to take measures to ensure that at least 60% of the total weight of the packaging put on the market is collected for processing, including energy recovery, on an annual basis.

(7) The company or entrepreneur that processes waste packaging is obliged to take measures to ensure that at least 55% of the total weight of the packaging put on the market is recycled, achieving at least the following ratio of recycling individual components:

60% of the weight of glass;
60% of the weight of paper and cardboard;
50% of the weight of metal;
22.5% of the weight of plastic, but only for material that is recycled back into plastic;
15% of the weight of wood.

(8) Deadlines and methods for conducting campaigns for manufacturers and importers to meet the requirements of paragraphs 6 and 7 of this article are determined by the State Plan.

(9) The method and procedure for establishing the system of taking over, collecting and processing waste packaging and the operation of that system shall be determined by the Government.

Construction waste

Article 54

(1) The holder of construction waste is obliged to recycle the construction waste into building material in accordance with Article 14, paragraph 2 of this Law.

(2) It is prohibited to dispose of construction waste in water, on land, or underground, unless the construction waste has been recycled and used as building material.

(3) Construction waste may be temporarily stored at the location for which a building permit (construction site) has been obtained.

(4) The recycling of cement asbestos construction waste is prohibited.

(5) Construction waste that does not contain hazardous substances and cannot be recycled is deposited in an inert waste landfill.

(6) The producer of construction waste that arises from a facility whose volume, together with earth excavation, is greater than 2,000 m3, is obliged to prepare a construction waste management plan.

(7) If the construction waste contains or is exposed to hazardous materials, the producer of construction waste is obliged to prepare a construction waste management plan, regardless of the volume of the facility.

(8) Approval of the construction waste management plan under paragraph 6 of this Article is given by:

The Agency, if the building permit is issued by the competent administrative authority,
The local government body, if the building permit is issued by the competent local government authority.

(9) Approval of the construction waste management plan under paragraph 7 of this Article is given by the Agency.

(10) The producer of construction waste is obliged to determine, through the construction waste management plan under paragraphs 6 and 7 of this Article, measures to ensure the management of non-hazardous construction waste in accordance with Article 14, paragraph 2 of this Law.

(11) Procedures for handling construction waste, methods and procedures for recycling construction waste, conditions and methods of disposal of cement asbestos construction waste, as well as the conditions that a construction waste recycling plant must fulfill, are regulated by the Ministry’s regulations.

Waste containing asbestos

Article 55

(1) Waste containing asbestos is separately collected, packaged, stored, and deposited in a landfill for non-hazardous waste at the location designated for the disposal of waste containing asbestos.

(2) The holder of waste containing asbestos is obliged to take measures to prevent the emission of asbestos fibers and dust into the environment.

(3) Packaging methods, criteria, conditions, and methods of disposal of waste containing asbestos, as well as other measures to prevent the emission of asbestos fibers and dust into the environment, are regulated by the Ministry’s regulations.

PCB and waste containing PCB

Article 56

(1) Processing of PCB and packaging containing PCB is prohibited.

(2) Waste containing PCB may be processed after the separation of PCB from the waste.

(3) The holder of equipment and waste containing PCB is obliged to provide waste treatment and decontamination of equipment containing PCB.

(4) Separation of PCB from equipment, processing of PCB, and decontamination of equipment may be performed by a business entity or entrepreneur who possesses the appropriate equipment, temporary storage facility for PCB, and the required number of employees, based on a permit for hazardous waste management.

(5) Incineration of PCB is performed in waste incineration plants that comply with the conditions prescribed by this Law.

(6) Import of equipment containing PCB is prohibited.

(7) Incineration of PCB on board ships is prohibited.

(8) Filling of transformers and other closed systems (capacitors) with liquids containing PCB is prohibited.

Management plan for equipment and waste containing PCB and PCB records

Article 57

(1) The holder of equipment and waste containing PCB is required to prepare a management plan for equipment and waste containing PCB in accordance with this law.

(2) The holder of equipment containing PCB and waste PCB is required to keep records of the equipment and waste PCB, including the quantities of PCB, and submit the data from the records to the Agency by March 31 of the current year for the previous year.

(3) The holder of equipment must submit the management plan from paragraph 1 of this article to the Agency no later than 60 days before the start of the activity or during the activity that produces waste.

(4) The method of preparing the management plan, the method and procedure for keeping records from paragraphs 1 and 2 of this article, the method of labeling decontaminated equipment, the method and procedure for processing PCB, waste containing PCB, and decontamination of equipment, and the minimum quantity of PCB in equipment from Article 56 of this law shall be determined by the regulation of the Ministry.

Sewage sludge

Article 58

(1) The producer of sewage sludge (hereinafter: sludge) is required to keep records that specifically include:

the name and address or company name and headquarters of the sludge producer;
the quantity of sludge produced or delivered for further use;
the composition and characteristics of the delivered sludge;
the technological characteristics of the process used;
the name and address or company name and headquarters of the entity that uses the sludge;
the location of use or processing of the sludge.
The sludge producer is required to submit the data from the records in paragraph 1 of this article to the competent local self-government authority in whose territory the sludge was produced by March 31 of the current year for the previous year.

Sludge processing and use of processed sludge

Article 59

(1) Sludge processing is carried out by biological, chemical, or thermal treatment, storage for a period of not less than six months, or any other process that reduces its susceptibility to fermentation and mineralization and eliminates the danger to human health and the environment.

(2) Processed sludge from paragraph 1 of this article may be used in accordance with the law:

in agriculture;
on green areas and parks;
for the needs of land rehabilitation, including afforestation of barren land;
on landfills as a covering layer;
for the purpose of bringing land to special use, based on waste management plans and regulations on spatial planning;
for energy recovery by incineration and/or co-incineration in accordance with Articles 65, 66, and 67 of this law;
for the remediation of unregulated waste disposal sites and other similar areas that need to be put into use.

(3) Sludge processing shall be carried out by a company or entrepreneur specified in Article 31 of this law (hereinafter: sludge processor).

(4) The sludge processor is required to keep records that specifically include:

the quantity of produced processed sludge;
the composition and characteristics of processed sludge according to the results of sludge analysis reports;
the method of sludge processing;
the quantity of delivered processed sludge;
the name and address or company name and headquarters of the entity that uses the processed sludge;
the location where the processed sludge will be used.

(5) If the producer of sewage sludge carries out its processing, it shall keep records in accordance with paragraph 1 of this Article.

(6) The processor of sewage sludge shall provide the Agency and the competent local government body where the sewage sludge is processed with the data from the record referred to in paragraph 4 of this Article by 31 March of the current year for the previous year.

(7) The processor of sewage sludge is obliged to provide the person who uses the processed sewage sludge with data on the composition and characteristics of the sewage sludge referred to in paragraph 4, item 2 of this Article.

(8) The method of testing and sampling of sewage sludge, composition and characteristics of processed sewage sludge, content and methods of analysis of processed sewage sludge, the method of testing and/or sampling, content and methods of analysis of soil, and conditions for the use of processed sewage sludge shall be determined by a regulation of the Ministry with the approval of the state administration bodies responsible for agriculture, forestry and energy.

Prohibited use of sludge

Article 60

The use of sludge is prohibited:

on soil where there is a risk of sludge leaching into surface waters and protected natural areas;
on soil in karst fields, shallow or skeletal soils, and gravelly soils;
on soil with a pH value lower than 5.0;
on soil with salinity higher than 800 ms/cm, floodplains, partially flooded areas, and marshy areas;
in sanitary protection zones of water sources used or intended to be used for drinking water supply;
on pastures or in the production of crops for animal feed, if the time between the use of treated sludge and the collection of crops for animal feed or the start of grazing is less than 21 days;
on surfaces intended for the production of fruits and vegetables that come into direct contact with the soil and can be consumed raw, during the 10 months prior to the beginning of harvesting.

Obligations of treated sludge users

Article 61

(1) Before using treated sludge for purposes stated in Article 59 paragraph 2 items 1 and 2 of this Law, the user of treated sludge is obliged to provide soil analysis of the soil where treated sludge will be used.

(2) A scientific institution dealing with soil issues or another legal entity with appropriate personnel, equipment, and scientific and informational documentation authorized by the competent authority responsible for agriculture, in accordance with the law, gives an expert opinion on the possibility of using treated sludge.

(3) The user of treated sludge is obliged to:

keep a record containing the results of the analysis of treated sludge from Article 59 paragraph 4 of this Law and the analysis of soil from paragraph 1 of this Article,

prepare an annual report on the amount of treated sludge used and locations (cadastre municipality and cadastre parcel) where treated sludge was used.

(4) The user of treated sewage sludge is obliged to submit the record and the annual report from paragraph 3 of this Article to the Agency and the competent local government authority by March 31 of the current year for the previous year.

Medical and veterinary waste

Article 62

(1) Processing of medical and veterinary waste is carried out in accordance with the plan for managing medical and veterinary waste and a permit for processing and/or disposal of medical and veterinary waste.

(2) Processing and/or disposal of medical and veterinary waste can be carried out by a company or entrepreneur who has appropriate equipment, a facility for processing medical and veterinary waste, and the required number of employees, based on a permit for processing and/or disposal of waste.

(3) The competent authority responsible for health issues shall prescribe the conditions, manner, and procedure for the processing of medical waste, with the consent of the Ministry.

(4) The competent authority responsible for veterinary issues shall prescribe the conditions, manner, and procedure for the processing of veterinary waste, with the consent of the Ministry.

Authorities of state administration for health, veterinary, and water affairs

Article 63

(1) The authority of state administration for health ensures the conditions and oversees the implementation of the plan for managing medical waste.

(2) The authority of state administration for veterinary and water affairs ensures the conditions and oversees the implementation of the plan for managing veterinary waste and sewage sludge.

Mining waste

Article 63a

(1) The producer of mining waste is obligated to adopt a plan for managing mining waste and a plan for preventing major accidents in managing mining waste.

(2) The processing and/or disposal of mining waste can be performed by a business entity or entrepreneur if they have adequate equipment, facility and/or plant for processing mining waste and the necessary number of employees, based on a permit for processing and/or disposal of mining waste.

(3) It is prohibited to manage mining waste in a manner that is not in accordance with the plan for waste management and the permit for processing and/or disposal of mining waste from paragraph 1 and 2 of this article.

(4) The permit from paragraph 2 of this article is issued by the Agency.

(5) The permit from paragraph 2 of this article specifies:

the category of facility and/or plant for processing mining waste,
the type of mining waste that is processed in the facility and/or plant from item 1 of this paragraph,
the estimated quantity of mining waste in cubic meters that will be processed in the facility and/or plant from item 1 of this paragraph,
the method of processing mining waste and control methods,
procedures for monitoring the work and maintenance of the facility and/or plant from item 1 of this paragraph,
the conditions that the business entity from paragraph 2 of this article must meet in order to close the facility and/or plant from item 1 of this paragraph, as well as measures to prevent the harmful impact of the facility and/or plant for mining waste on the environment and human health after closure.

(6) The permit from paragraph 2 of this article is issued based on the request, which includes an insurance policy for accidents or damage caused to third parties and property.

(7) The Agency maintains a register of facilities and/or plants for mining waste and provides access to the data from the register to the interested public.

(8) If the facility and/or plant for mining waste of category A is an accumulation containing cyanide, the business entity or entrepreneur from paragraph 2 of this article is obliged to ensure, using the best available technologies, that the concentration of easily soluble cyanides in the accumulation does not exceed 10 mg/l.

(9) The conditions, method and procedure for processing mining waste, the content of the plan for managing mining waste, measures and procedures for preventing harmful impact on human health and the environment, and the content of the plan and reporting in case of a major accident in managing mining waste, classification, and/or category of facilities and/or plants for mining waste, as well as the conditions and method of closing facilities and/or plants for mining waste, are prescribed by the authority of state administration for exploitation of mineral resources, with the consent of the Ministry and the authority of state administration for protection and rescue.

(10) The content of the request and the necessary documentation for issuing the permit for processing and/or disposal of mining waste is prescribed by the Ministry.

VII. INCINERATION AND CO-INCINERATION OF WASTE

Facilities for incineration and/or co-incineration of waste

Article 65

(1) Waste is incinerated in facilities for incineration and/or co-incineration of waste.

(2) Facilities for incineration and/or co-incineration of waste are designed, constructed, and equipped in a way that ensures technical and technological functionality with the lowest possible quantities of emissions and negative impact of waste on human life, health, and the environment.

(3) In addition to the conditions from Article 32 of this law, a permit for processing and/or disposal of waste in facilities for incineration and/or co-incineration of waste shall also determine measures for:

using energy generated by incineration or co-incineration of waste;
reducing the quantity and danger of incineration or co-incineration residues;
disposing of incineration or co-incineration residues if processing is not feasible for the residue.

(4) If hazardous waste is incinerated in a facility for incineration and/or co-incineration of waste, the permit for processing and/or disposal of waste from Article 32 of this law shall also determine:

the quantity and types of hazardous waste, in accordance with the waste catalog that can be incinerated;
the minimum and maximum mass flow rates by types of hazardous waste;
the lowest and highest calorific value of hazardous waste;
the highest content of hazardous substances, especially PCBs, chlorine, fluorine, sulfur, and heavy metals.

Obligations of the manager of a facility for incineration and/or co-incineration

Article 66

(1) Before receiving waste for incineration or co-incineration, the manager of a facility for incineration and/or co-incineration of waste is obliged to obtain documentation from the waste holder about:

the physical characteristics and chemical composition of the waste and data necessary to assess the safety of the incineration and/or co-incineration process;
labels of harmful substances that the waste must not be mixed with, if joint incineration and/or co-incineration is carried out;
necessary precautionary measures to be applied in handling the waste.

(2) During the receipt of waste for incineration and/or co-incineration, the manager of a facility from paragraph 1 of this Article is obliged to:

determine the quantity of waste;
check the conformity of the received waste with the data on waste contained in the waste transport form;
take samples of waste for the purpose of checking the accuracy of data on physical characteristics and chemical composition and data from paragraph 1 of this Article, except for municipal, medical, and veterinary waste.

(3) After incineration and/or co-incineration of waste, the manager of a facility for incineration and/or co-incineration of waste is obliged to:

check the physical and chemical characteristics of waste generated during the incineration and/or co-incineration process, including particles of heavy metals in particular;
temporarily store the ash generated from incineration and/or co-incineration of waste in closed containers;
determine a safe method of transport for waste generated from incineration and/or co-incineration of waste that cannot be processed at the site where it was generated;
keep samples for at least 30 days from the day of incineration and/or co-incineration of waste.

(3) After the incineration and/or co-incineration of waste, the operator of the incineration and/or co-incineration plant is obligated to:

Verify the physical and chemical characteristics of the waste produced during the incineration and/or co-incineration process, including particularly the particles of heavy metals;
Temporarily store the ash resulting from incineration and/or co-incineration of waste in closed containers;
Determine a safe method of transporting the waste resulting from the incineration and/or co-incineration of waste that cannot be processed at the location where it was produced;
Keep samples for at least 30 days from the day of incineration and/or co-incineration of waste.

(4) The provisions of paragraphs 1 and 2 of this article do not apply to the waste holder who incinerates and/or co-incinerates their own waste at the location where the waste was generated, in accordance with this law.

VIII. WASTE DEPOSIT AND STORAGE

Types of landfills

Article 68

(1) Waste landfills may be:

landfill for hazardous waste;
landfill for inert waste;
landfill for non-hazardous waste.

(2) For the landfills referred to in paragraph 1 of this Article, the Ministry, with the consent of the competent state authorities, shall prescribe, by regulation, the characteristics of the location (geological, hydrological, morphological, meteorological, seismological, and other), conditions of construction, sanitary-technical conditions, manner of operation and closure of landfills, professional qualifications and competence of the landfill manager.

Prohibition of waste disposal

Article 69

(1) It is prohibited to dispose of waste on a landfill:

contrary to waste management plans;
in liquid form;
that has explosive, oxidizing, highly flammable, or flammable properties;
that is untreated medical or veterinary waste;
consisting of waste automotive and industrial batteries and accumulators;
if the waste consists of whole or shredded waste tires, except bicycle tires and tires with an outer diameter larger than 400 mm;
that is the result of scientific research, whose properties are unknown or new, and whose impact on human health or the environment is unknown;
in an area that may have an impact on surface and groundwater.

(2) Mixing different types of waste, mixing with other substances, diluting, and carrying out other procedures to facilitate the acceptance of waste on a landfill are prohibited.

(3) The types of waste and conditions for the acceptance of waste at the landfill shall be determined by the Ministry.

Reduction of waste volume

Article 70

(1) The waste producer shall, within the technological possibilities of the production process, subject the waste to physical, chemical, biological, and thermal treatment and sorting to reduce the quantity or volume of waste for disposal and to reduce the risk to human health and the environment.

(2) The procedures referred to in paragraph 1 of this Article shall not apply to inert waste or waste where the application of physical, chemical, or biological treatment cannot reduce the quantity or volume for disposal.

Mixed waste disposal

Article 71

(1) It is forbidden to dispose of hazardous waste on a non-hazardous waste landfill.

(2) Exceptionally from paragraph 1 of this Article, hazardous waste that does not react with other types of waste after processing can be disposed of in separate sections of the non-hazardous waste landfill, except for inert waste landfills, provided that the drainage water from the hazardous waste meets the conditions specified in the permit for non-hazardous waste disposal.

(3) The holder of hazardous waste from paragraph 2 of this Article is obliged to obtain the approval of the competent local government authority in whose territory the landfill is located, the consent of the manager of the non-hazardous waste landfill and the Agency for the disposal of hazardous waste in separate sections of the non-hazardous waste landfill.

Inert waste

Article 72

Only inert waste can be disposed of in an inert waste landfill.

Mixed municipal waste

Article 73

(1) Mixed municipal waste is disposed of on a non-hazardous waste landfill.

(2) Before disposal, mixed municipal waste is mechanically and biologically treated to meet the conditions specified in Article 69 paragraph 3 of this Law.

(3) The annual quantity of biodegradable components in mixed municipal waste that is disposed of on the landfill must be less than the quantity of biodegradable municipal waste specified in the program under Article 20 of this Law.

Landfill manager obligations

Article 74

The landfill manager is obliged to:

determine the quantity of waste before its acceptance at the landfill;
verify the conformity of the waste received with the data contained in the waste transport forms;
refuse waste acceptance at the landfill if it is found to be inconsistent with the data contained in the waste transport form and immediately notify the environmental inspector;
ensure selective waste disposal to prevent reactions between elements of different types of waste on the environment and human health and to create conditions for the renewal and further use of the landfill area;
ensure the proper operation of technical equipment with which the landfill is equipped and apply sanitary, hygienic, fire protection and labor protection regulations, in accordance with the law;
notify the authority that issued the permit for the operation of the landfill about the cessation of landfill operation after the completion of covering;
monitor the waste landfill before, during and after the cessation of landfill operation, and submit an annual report to the Agency by March 31 of the current year for the previous year;
immediately notify the environmental inspector of any changes observed at the landfill that may affect the environment and human health.

Closing of the landfill

Article 75

(1) Closing of a part or the entire landfill shall be carried out:

in accordance with the permit;
upon the request of the landfill manager based on the approval of the Agency;
upon the order of the Agency.

(2) The landfill or part of the landfill is considered closed when all the conditions specified in the closure plan have been met, and the Agency has assessed all the reports of the landfill manager, determined the fulfillment of all the conditions for closing the landfill, and informed the company or entrepreneur who manages the landfill about the decision to terminate the operation of the landfill or a part of it.

(3) After the closure of the landfill, the owners of the landfill are responsible for its maintenance, monitoring, and control after closing, in a manner and within a deadline determined by the Agency.

(4) The period of maintenance, monitoring, and control of the landfill specified in paragraph 3 of this Article shall not be less than 30 years

(5) The owners of the landfill specified in paragraph 3 of this Article are obliged to inform the Agency of significant negative impacts on the environment and human health identified in the control specified in paragraph 3 of this Article.

(6) After receiving the notification specified in paragraph 5 of this Article, the Agency determines deadlines and methods for remediation of identified negative impacts.

Financial resources for waste disposal on the landfill and landfill closure

Article 76

(1) The waste producer is obliged to pay all costs of waste disposal on the landfill and the costs of landfill closure, monitoring, and control after closure.

(2) Financial resources for the costs of maintenance and control after the landfill closure are determined in the waste management permit for a period not less than 30 years.

(3) The price of waste disposal services on the landfill and landfill closure, monitoring, and control specified in paragraph 1 of this Article is determined in accordance with the law regulating communal services.

Waste Storage

Article 77

(1) Waste shall be stored:

temporarily:
during collection or transport to the processing site for a period not exceeding one year;
at the waste processor’s storage facility for a period not exceeding three years;
indefinitely in an underground storage facility.

(2) With regard to Article 1, Point 1, Subparagraph 1 of this provision, hazardous waste exporters may store hazardous waste for a period not exceeding 18 months.

(3) Waste storage shall be carried out in accordance with:

the waste management plan of the waste producer;

the permit for waste processing and/or disposal.

(4) Waste shall be stored in a facility that has a use permit issued in accordance with the law regulating the construction of facilities.

(5) The open space with a solid surface and a solution for wastewater disposal in which waste is stored must have approval from the competent authority of the local government for construction or installation.

(6) The detailed conditions that the waste storage facility must meet, the method and conditions of storing different types of waste, are determined by a Government regulation.

(7) Compliance with the conditions set out in the regulation under paragraph 6 of this provision shall be determined by the Agency.

Temporary Storage of Municipal Waste

Article 78

(1) Local self-government units that do not have a landfill built in accordance with the law may:

deliver municipal waste to a company or entrepreneur that has a permit for waste processing and/or disposal;
temporarily store waste before delivering it for processing to the company or entrepreneur under subparagraph 1 of this paragraph.

(2) Temporary storage under paragraph 1, subparagraph 2 of this provision may be carried out for a maximum of one year from the date of waste receipt.

(3) The location where municipal waste collected from the area of the local self-government unit and the entity that manages the temporary storage facility will be temporarily stored shall be determined by the assembly of the local self-government unit.

(4) The location referred to in paragraph 3 of this provision shall:

be fenced in to prevent the presence of unauthorized persons, domestic and wild animals, and uncontrolled waste disposal;
be equipped with a scale for measuring the amount of waste stored temporarily;
have an organized security service and a service for receiving waste and maintaining the temporary storage facility;
meet other conditions to ensure that temporary storage does not contribute to additional environmental and human health hazards.

(5) The local self-government unit shall ensure that records are kept of waste receipt at the location referred to in paragraph 3 of this provision in accordance with Article 44, paragraph 2 of this Act.

(6) The entity managing the temporary storage facility for municipal waste shall keep the records referred to in paragraph 5 of this provision.

(7) The method of temporary storage of waste under subparagraph 1, subparagraph 2 of this provision, and the conditions for environmental protection and human health shall be prescribed by the local self-government unit with the consent of the Ministry.

Temporary storage of non-hazardous construction waste

Article 78a

(1) The producer of non-hazardous construction waste may:

deliver it to a company or entrepreneur who has a permit for processing and/or disposal of construction waste, or
temporarily store it before delivery for processing to a company or entrepreneur as mentioned in the previous point.

(2) Temporary storage as mentioned in point 1, subparagraph 2 of this article may be carried out for a maximum of two years from the date of receipt of non-hazardous construction waste.

(3) The location for the temporary storage of non-hazardous construction waste collected from the territory of the local self-government unit and the entity managing the temporary storage facility is determined by the assembly of the local self-government unit.

(4) The assembly of the local self-government unit may designate a special zone within the location for temporary storage of municipal waste as mentioned in Article 78, paragraph 3 of this law for the temporary storage of non-hazardous construction waste.

(5) The location mentioned in point 3 of this article must:

be fenced to prevent unauthorized persons and uncontrolled waste disposal;
be equipped with a scale for measuring the quantity of non-hazardous construction waste that is temporarily stored;
have an organized security service and waste reception service;
meet other conditions to ensure that temporary storage does not contribute to additional environmental hazards.

(6) The local self-government unit is responsible for keeping records of the receipt of non-hazardous construction waste at the location mentioned in point 3 of this article.

(7) The entity managing the temporary storage of non-hazardous construction waste keeps the records mentioned in point 6 of this article.

(8) The local self-government unit, with the approval of the Ministry, shall prescribe the method of temporary storage of non-hazardous construction waste mentioned in point 1, subparagraph 2 of this article and the conditions for environmental protection.

Waste Storage Fee for Temporary Storage of Municipal and Non-Hazardous Construction Waste

Article 78b

(1) Notwithstanding Article 78 paragraph 2 and Article 78a paragraph 2 of this law, municipal or non-hazardous construction waste may be temporarily stored for a period longer than one or two years, respectively, provided that for each year of storage, a fee of €10 per ton of municipal or non-hazardous construction waste stored at the location specified in Article 78 paragraph 3 of this law is paid.

(2) The fee from paragraph 1 of this article is paid by the entity that manages the temporary storage facility specified in Article 78 paragraph 3 or Article 78a paragraph 3 of this law.

(3) Funds collected from the fee in paragraph 1 of this article are the revenue of the budget of Montenegro and may only be used for the construction of waste treatment facilities, procurement of equipment and vehicles for waste collection and transportation, and the remediation and reclamation of unregulated landfills.

(4) The method of calculating and paying the fee from paragraph 1 of this article is prescribed by the Ministry.

Plan for Remediation of Temporary Storage Sites

Article 78c

(1) The entity that manages the temporary storage facility specified in Article 78 paragraph 3 and Article 78a paragraph 3 of this law shall prepare a plan for the remediation of the temporary storage site for municipal or non-hazardous construction waste within the timeframe specified in the State Plan.

(2) The plan for remediation of the site specified in paragraph 1 of this article shall also include the maintenance, supervision, and monitoring of the remediated site for at least three years.

(3) The Agency shall provide approval for the plan for remediation of the site specified in paragraph 1 of this article within 30 days of receiving the plan for approval.

(4) After the expiration of the period for temporary storage of municipal or non-hazardous construction waste, the entity specified in paragraph 1 of this article shall be responsible for the maintenance, supervision, and monitoring of the remediated site for at least three years.

IX. CROSS-BORDER MOVEMENT OF WASTE

Definition of cross-border movement

Article 79

Cross-border movement of waste means the import of waste into the territory of Montenegro, the transit of foreign waste through the territory of Montenegro, and the export of waste from the territory of Montenegro.

Import of waste

Article 80

(1) Import of hazardous waste is prohibited.

(2) Import of non-hazardous waste for disposal and use as fuel or for other methods of energy production is prohibited.

Permit for import, export, and transit of waste

Article 81

(1) Import and transit of non-hazardous waste can only be carried out on the basis of a permit issued by the Agency at the request of a company or entrepreneur.

(2) Export and transit of hazardous waste can only be carried out on the basis of a permit issued by the Agency at the request of a company or entrepreneur.

(3) Permits under paragraphs 1 and 2 of this Article are entered into the register kept by the Agency.

(4) The detailed content of documentation submitted with the request for issuance of a permit under paragraphs 1 and 2 of this Article, the waste classification list, and the content and method of keeping the register under paragraph 3 of this Article shall be regulated by a regulation of the Ministry.

Registry of non-hazardous waste exporters

Article 82

(1) Export of non-hazardous waste may only be carried out by a company or entrepreneur entered into the registry of non-hazardous waste exporters.

(2) Entry into the registry under paragraph 1 of this Article is made upon a request submitted to the Agency.

(3) The registry under paragraph 1 of this Article is kept by the Agency.

(4) Companies and entrepreneurs entered into the registry under paragraph 1 of this Article are required to submit to the Agency an annual report on the types and quantities of exported non-hazardous waste by March 31 of the current year for the previous year.

(5) The method of keeping the registry and the content of the request for entry into the registry under paragraph 1 of this Article shall be regulated by a regulation of the Ministry.

Border crossings

Article 83

The government determines the border crossings through which cross-border movement of waste can be carried out in accordance with international agreements and the law.

WASTE MANAGEMENT FINANCING

Sources of financing

Article 84

(1) The waste holder pays the costs of waste collection, transport, and treatment in accordance with the “polluter pays” principle.

(2) Producers, importers, and distributors of products from which waste originates also bear the costs of waste management.

Special fee for waste management

Article 85

(1) A special fee is paid for waste management.

(2) Producers or importers from Article 11, paragraph 1 of this law pay the special fee for waste management referred to in paragraph 1 of this article.

(3) The collection of the special fee for waste management is carried out by the competent tax authority and customs authority based on the calculation submitted by the producer or importer from paragraph 2 of this article.

(4) The collection of the special fee for waste management by the customs authority does not apply to the import of packaging.

(5) For products from Article 11, paragraph 2 of this law that are imported, except for the import of packaging, the calculation and payment of the special fee is carried out upon import with the calculation and payment of customs debt in accordance with customs regulations.

(6) Exceptionally from paragraph 3 of this article, the special fee for packaging is calculated quarterly by the importer.

(7) The producer or company or entrepreneur who produces or improves, processes, or sells a product from Article 11, paragraph 1 of this law prepares a special fee calculation and submits it to the competent tax authority quarterly.

(8) Exceptionally from paragraph 2 of this article, the special fee for waste management is not paid for products from Article 11, paragraph 2 of this law that are imported for processing, refining, re-export, and for products exempt from customs duties.

(9) The special fee referred to in paragraph 1 of this article is the revenue of the budget of Montenegro.

(10) The funds from paragraph 9 of this article are paid into a special account and used to co-finance the costs of implementing waste management projects and the costs of taking over, collecting, and treating special types of waste from Article 64 of this law.

(11) The detailed criteria, amount, and method of paying the special fee are determined by the Government regulation.

XII. SUPERVISION

Competent authority

Article 86

(1) Supervision over the implementation of this Law and regulations adopted pursuant to this Law shall be carried out, within the competencies defined by this Law, by the Ministry, the state administration bodies responsible for agriculture, forestry, energy, mining, transportation, internal trade, collection of taxes, and customs authorities, as well as by the competent local government bodies.

(2) The ecological inspector shall carry out inspection activities for:

hazardous waste,
industrial waste, including waste from inorganic and organic chemical and thermal processes, except for mining waste,
special types of waste, except for sewage sludge,
activities carried out at the site of a sanitary landfill or temporary storage or other facility where processing and/or disposal of municipal and construction waste is carried out for two or more municipalities.

(3) The municipal inspector shall carry out inspection activities for municipal and non-hazardous construction waste, except for activities referred to in paragraph 2, item 4 of this Article.

(4) The phytosanitary inspector shall carry out inspection activities for the use of processed sewage sludge for agricultural purposes.

(5) The forestry inspector shall carry out inspection activities for the use of processed sewage sludge for reforestation of barren land.

(6) The power engineering inspector shall carry out inspection activities for the use of processed sewage sludge for energy recovery.

(7) The inspector for mining, geology, and hydrocarbons shall carry out inspection activities for waste from mining.

(8) The traffic inspector shall carry out inspection activities for waste disposal in the roadside zone.

(9) The inspector responsible for supervising the safety and compliance of a product or group of products subject to extended producer responsibility under Article 11, paragraph 1 of this Law shall carry out inspection activities to verify the presence of a label indicating the type and method of waste management generated by that product or group of products.

Authorized powers and duties of the environmental inspector

Article 87

(1) In addition to the powers established by the Law on Inspection Supervision, the environmental inspector has the authority to:

Verify compliance with the conditions under which materials or objects are considered not to be waste but by-products;
Verify compliance with the conditions and criteria within the waste treatment process, under which waste ceases to be considered waste;
Control the technological process, used raw materials and other materials, and the organization of service activities that prevent the generation of waste or result in the production of the minimum amount of waste;
Control whether a legal entity or entrepreneur that develops or improves a product, produces, processes, sells or imports products carries out its activities in accordance with the extended producer responsibility regime, except for product labeling with the manufacturer’s name and a label indicating mandatory separate waste collection;
Verify whether the waste holder manages waste in accordance with this law, waste management plans and programs, and environmental protection and human health requirements;
Control whether waste is collected separately;
Verify compliance with conditions on the permitted mixing of hazardous waste;
Monitor whether waste disposal is carried out at a location designated by spatial planning regulations, as well as in facilities or buildings that meet conditions established by special regulations;
Monitor the implementation of the National Plan, including the plan for the disposal of biodegradable waste and the plan for waste prevention;
Verify whether waste management procedures are carried out in accordance with issued permits and approvals;
Monitor compliance with obligations to maintain records of production and waste management and the placing of products on the market that generate special types of waste;
Control the implementation of waste management plans of waste producers;
Verify compliance with conditions and monitor the activities of a business entity or entrepreneur engaged in waste processing or disposal;
Verify compliance with conditions and monitor the activities of a business entity or entrepreneur engaged in waste collection or transport;
Control the management of special types of waste;
Control the process of waste incineration and co-incineration, and the way in which the head of the incineration and co-incineration plant operates before the waste is received and after waste incineration;
Monitor and control the operation of the landfill, including activities after the closure of the landfill and the way in which the landfill manager operates, in accordance with obligations established under this law;
Monitor and control waste storage, except for the storage and temporary storage of municipal and construction waste;
Monitor and control the cross-border movement of waste.

(2) In order to remedy identified irregularities, in addition to the powers set out in paragraph 1 of this article, the environmental inspector is obliged to:

order a ban on the collection, transport, processing or disposal of waste if any of these waste management activities endanger the environment and human health;
order the removal of deficiencies in the collection, transport, processing or disposal in the event of point 1 of this paragraph;
order the company or entrepreneur to obtain a registration certificate or permit within a period not shorter than 30 days, if it determines that waste collection, transportation, processing or disposal activities are being carried out without registration or an appropriate permit, and if the company or entrepreneur does not obtain the appropriate certificate or permit, temporarily suspend the waste collection, transportation, processing or disposal activities;
order the removal of deficiencies within a specified period, if it determines that the provisions of this Law and regulations adopted on the basis of this Law are not being applied in waste management procedures.

Authorities and obligations of a communal inspector

Article 88

(1) In addition to the authorities established by the Law on Inspection Supervision, a communal inspector has the authority to:

Control the technological process, used raw materials and other materials, and the organization of service activities that prevent the generation of municipal waste or that result in the smallest quantity of municipal and construction waste;
Control whether the holder of municipal waste manages municipal waste in accordance with this law, plans and programs for the management of municipal waste, and requirements for environmental protection and human health;
Monitor the implementation of the local plan, including measures for managing organic waste;
Control compliance with the conditions and monitor the activities of a company or entrepreneur engaged in collecting or transporting municipal waste;
Control the obligation of producers of municipal waste to select waste for recycling in accordance with this law;
Verify whether the procedures for managing municipal waste are carried out in accordance with permits and approvals issued;
Monitor the fulfillment of obligations to keep records on the production and management of municipal waste.

(2) In order to eliminate identified irregularities, in addition to the authorities in paragraph 1 of this Article, a communal inspector is obliged to:

Order the prohibition of collection and transport of municipal and construction waste in accordance with the law;
Order the correction of deficiencies in collection and transport in the case referred to in item 1 of this paragraph.

Authority of a phytosanitary inspector

Article 88a

In addition to the authorities established by the Law on Inspection Supervision, a phytosanitary inspector has the authority to:

Control the quality and authorized use of processed sewage sludge in agriculture and for green areas and parks;
Order the prohibition of the use of sludge for agricultural purposes if the processed sewage sludge does not meet the prescribed quality and is not used in accordance with the law.

Authorities of a forestry inspector

Article 88b

In addition to the authorities established by the Law on Inspection Supervision, a forestry inspector has the authority to:

Control the quality and authorized use of sludge for land reclamation, including afforestation of barren land and use on landfills as a final covering layer;
Order the prohibition of the use of sludge for land reclamation, including afforestation of barren land, if the processed sewage sludge does not meet the prescribed quality and is not used in accordance with the law.
Authorities of an electro-energy inspector Article 88c
In addition to the authorities established by the Law on Inspection Supervision, an electro-energy inspector has the authority to:
Control the quality and authorized use of sludge for energy recovery by incineration and co-incineration in accordance with Articles 65 to 67 of this law.
Order the prohibition of the use of sludge for incineration and co-incineration referred to in paragraph 1 of this Article if the processed sewage sludge does not meet the prescribed quality.

Powers of the Inspector for Mining, Geology, and Hydrocarbons

Article 88d

(1) In addition to the powers established by the Law on Inspection Oversight, the inspector for mining, geology, and hydrocarbons has the authority to control whether waste management in mining is conducted in accordance with the waste management plan for mining and the permit for processing and/or disposing of mining waste.

(2) In order to rectify identified irregularities, in addition to the powers granted in paragraph 1 of this article, the inspector for mining, geology, and hydrocarbons is obliged to:

order the prohibition of waste management activities in mining if waste management in mining is not conducted in accordance with the law;
order the rectification of deficiencies in waste management in mining as stated in paragraph 1 of this article.

Powers of the Traffic Inspector

Article 88e

In addition to the powers established by the Law on Inspection Oversight, the traffic inspector has the authority to prevent the disposal of waste in the roadside zone and to order the removal of waste deposited in the roadside zone.

Powers of the Market Inspector

Article 89

In addition to the powers established by the Law on Inspection Oversight, the market inspector has the authority to control and stop the sale of products that do not have a label with the manufacturer’s name and a label for mandatory separate collection resulting from products for which extended producer responsibility is prescribed.

XIII. PENAL PROVISIONS

Article 90

(1) A legal entity shall be fined in the amount of 1,000 euros to 40,000 euros for an offense, if:

it mixes different types of hazardous waste and mixes hazardous with non-hazardous waste (Article 15 paragraph 1);
it disposes of waste at a location not established by regulations on spatial planning, as well as in facilities or premises that do not meet the conditions established by law (Article 17 paragraph 1);
it engages in waste processing or disposal activities, and does not possess the appropriate equipment, processing facility, and necessary number of employees based on the permit for waste processing and/or disposal (Article 31 paragraph 1);
it engages in waste collection or transport activities, and is not registered in the register of collectors or transporters (Article 37 paragraph 1);
it does not keep records of the quantities and types of waste in accordance with the waste catalog (Article 44 paragraph 1);

5a) it does not prepare and submit annual waste reports to the Agency by March 1 of the current year for the previous year, and the competent local government authority does not submit an annual report on municipal waste to the competent authority of the local self-government unit (Article 44 paragraph 7);

it mixes waste lubricating oil and fluids during collection or storage with other hazardous waste, including waste containing PCBs (Article 52 paragraph 6);

it processes PCBs and packaging containing PCBs (Article 56 paragraph 1);
it separates PCBs from equipment, processes PCBs, and decontaminates equipment without the appropriate equipment, temporary storage facility for PCBs, and necessary number of employees based on the permit for hazardous waste disposal (Article 56 paragraph 4);
it incinerates PCBs on board ships (Article 56 paragraph 7).
It engages in the processing or disposal of medical and veterinary waste without possessing the appropriate equipment, processing facility, and necessary number of employees based on the permit for the processing and/or disposal of medical and veterinary waste (Article 62 paragraph 2);

10a) It manages mining waste in a manner that is not in accordance with the waste management plan and permit for the processing and/or disposal of mining waste, as specified in Article 63a paragraphs 1 and 2 (Article 63a paragraph 3);

It disposes of hazardous waste at a non-hazardous waste landfill (Article 71 paragraph 1);
The entity that manages the temporary storage of municipal waste does not keep records as specified in Article 78 paragraph 5 of this Law (Article 78 paragraph 6);
It imports hazardous waste (Article 80 paragraph 1).

(2) The responsible person in the legal entity shall also be fined in the amount of 500 euros to 4,000 euros for an offense under paragraph 1 of this Article.

(3) The entrepreneur shall be fined in the amount of 1,000 euros to 6,000 euros for an offense under paragraph 1 of this Article.

(4) The individual shall be fined in the amount of 500 euros to 2,000 euros for an offense under paragraphs 1 points 2, 4, 6, 11, and 13 of this Article.

Article 91

(1) A legal entity shall be fined in the amount of 500 euros to 20,000 euros for an offense, if:

it does not characterize waste (Article 7 paragraph 2);

1a) it does not register in the register of producers and importers who have an extended producer responsibility obligation (Article 11 paragraph 2 point 1);

1b) it does not keep records and report quantities of products produced or imported, or equipment in which those products are incorporated (Article 11 paragraph 2 point 2);

1c) it does not provide information on the extent to which the product is suitable for reuse or recycling, does not identify the recyclable components of the product, and does not label the products with a waste type and management method required by the extended producer responsibility obligation specified in Article 11 paragraph 1 (Article 11 paragraph 2 point 5);

it does not ensure the processing of waste, and if processing is not possible or economically or environmentally unjustified, it does not ensure that the waste is disposed of or otherwise managed in accordance with this Law (Article 12 paragraph 2);
it does not have a transport document for hazardous materials during the transport of hazardous waste within the country in accordance with the law (Article 16 paragraph 2);
it burns waste in open spaces and/or in facilities that do not have a permit specified in Article 31 of this Law (Article 17 paragraph 3);
it does not prepare a waste management plan within 60 days before the start of a procedure or activity that generates waste (Article 26 paragraph 2);

5a) it does not incorporate changes related to the data specified in Article 27 paragraph 1 into the waste management plan within 30 days of the occurrence of such changes (Article 27 paragraph 2);

it does not submit a waste management plan specified in Article 28 paragraph 1 of this Law to the Agency for approval within 60 days before the start of a procedure or activity that generates waste (Article 28 paragraph 2);
it does not notify the Agency of changes in the quantity and method of waste management specified in the act from Article 29 paragraph 1 of this Law to obtain approval within six months from the occurrence of changes (Article 29 paragraph 3);
it manages waste in a manner that is not in accordance with waste management plans specified in this Law (Article 30);
it does not separately collect municipal waste for recycling in accordance with this Law (Article 42 paragraph 2);

9a) it accepts waste from a waste generator who does not generate waste during the performance of activities or procedures, except from a company or entrepreneur specified in Article 40 paragraph 1 of this Law (Article 31 paragraph 2);

9b) it accepts waste from a waste generator who does not generate waste during the performance of activities or procedures, except from a company or entrepreneur specified in Article 40 paragraph 1 of this Law (Article 36 paragraph 2);

9c) during waste collection or transport activities, it does not have a copy of the registration certificate in the register of collectors or transporters of waste from Article 39 paragraph 2 of this Law and/or a waste transport form from Article 44 of this Law (Article 36 paragraph 3);

9d) it accepts waste from a waste generator who does not generate waste during the performance of activities or procedures (Article 40 paragraph 2);

it does not keep records of hazardous waste for at least three years, or in the case of hazardous waste transport, at least 12 months (Article 44 paragraph 8).
Mixes waste from electrical and electronic products with other types of waste (Article 46, paragraph 2);

11a) Does not separate and/or process the waste liquids from electrical and electronic products in accordance with Article 52 of this law (Article 46, paragraph 5);

The manufacturer and importer of electrical and electronic products do not participate in an organized system for the collection and processing of waste from electrical and electronic products (Article 47, paragraph 3);
The holder of waste vehicles does not hand over the waste vehicle to a legal entity or entrepreneur who has a permit for the processing of waste vehicles (Article 48, paragraph 1);
Does not keep records of all processing stages (Article 48, paragraph 4, item 1);
Does not provide disposal of parts from waste vehicles that cannot be processed (Article 48, paragraph 4, item 2);
Does not provide the separation of hazardous materials and components from waste vehicles for further processing (Article 48, paragraph 4, item 3);
Does not participate in an organized system for the collection and processing of waste vehicles (Article 48, paragraph 5);
Imports waste tires without the approval of the Agency (Article 49, paragraphs 1 and 2);
Mixes waste tires with other waste (Article 49, paragraph 3);
Does not hand over waste tires to a business entity or entrepreneur who has a permit for the processing and disposal of waste tires (Article 49, paragraph 4);
Does not participate in an organized system for the collection and processing of waste tires (Article 49, paragraph 5);
Does not hand over waste batteries and accumulators that, in accordance with the waste catalog, are not municipal waste to a business entity or entrepreneur engaged in the collection, processing, or disposal of special types of waste (Article 50, paragraph 2);
Does not hand over waste batteries and accumulators that, in accordance with the waste catalog, are municipal waste to places designated for this type of waste within separate collection of municipal waste or at places designated for the collection of these types of waste by distributors (Article 50, paragraph 3);
Disposes of or incinerates waste automotive and industrial batteries and accumulators (Article 50, paragraph 4);
The manufacturer and importer of batteries and accumulators do not participate in an organized system for the collection and processing of waste batteries and accumulators (Article 51, paragraph 1);
Releases waste lubricating oils and fluids into water and/or onto land and/or into the ground (Article 52, paragraph 1);
Does not entrust the processing of waste lubricating oils and fluids resulting from the production process to a business entity or entrepreneur who collects waste lubricating oils and fluids, if unable to process them in accordance with Article 52, paragraphs 2, 3, and 4 of this law (Article 52, paragraph 5);

27a) Discharges waste edible oils and fats that result from food preparation in hospitality, tourism, and similar establishments with more than 20 seats, into the sewage system, containers, or waste collection containers, onto public surfaces and land, and/or into land and water (Article 52a, paragraph 1);

27b) Fails to collect waste edible oils and fats from Article 52, paragraph 1 of this law separately from other types of waste (Article 52a, paragraph 2);

27c) Fails to deliver the collected quantities of waste edible oils and fats to a company or entrepreneur registered as a waste collector or transporter, or to a company or entrepreneur authorized to process and/or dispose of waste (Article 52a, paragraph 3);

Deposits construction waste into water or onto land or into land, unless the construction waste has been processed and is being used as a building material (Article 54, paragraph 2);
Processes cement containing asbestos from construction waste (Article 54, paragraph 4);
Fails to prepare a construction waste management plan if the volume of the structure, together with the excavation, exceeds 2,000 m3 (Article 54, paragraph 6);
Fails to prepare a construction waste management plan regardless of the volume of the construction waste if it contains or is exposed to hazardous materials (Article 54, paragraph 7);
Fails to implement measures to prevent the emission of asbestos fibers and dust into the environment (Article 55, paragraph 2);
Processes waste containing PCBs without separating the PCBs (Article 56, paragraph 2);
Incinerates PCBs outside a waste incineration facility that meets the conditions established by this law (Article 56, paragraph 5).
Imports equipment containing PCBs (Article 56 paragraph 6);
Fills transformers and other closed systems with liquids containing PCBs (Article 56 paragraph 8);
Does not have a plan for managing equipment and waste containing PCBs in accordance with this law (Article 57 paragraph 1);
Does not keep records of equipment and waste containing PCBs and the quantities of PCBs and does not submit this data from the records to the Agency (Article 57 paragraph 2);
Does not submit the plan for managing equipment from Article 57 paragraph 1 of this law to the Agency (Article 57 paragraph 3);

39a) Does not treat sludge (Article 59 paragraph 3);

39b) Does not keep records containing, in particular, the quantity of processed sludge produced and/or the composition and characteristics of processed sludge according to the report on sludge analysis results and/or the method of sludge treatment and/or the quantity of processed sludge delivered and/or the name and address, or name and headquarters of the entity that uses the processed sludge and/or the location where the processed sludge will be used (Article 59 paragraph 4);

Uses sludge on land where there is a risk of leaching into surface waters and protected production areas (Article 60 paragraph 1 point 1);
Uses sludge on land in karst fields, shallow or skeletal soils, and gravelly soils (Article 60 paragraph 1 point 2);
Uses sludge on land with a pH value lower than 5.0 (Article 60 paragraph 1 point 3);
Uses sludge on land with a salinity higher than 800 ms/cm, in floodplains, partially submerged areas, and marshy areas (Article 60 paragraph 1 point 4);
Uses sludge in sanitary protection zones of water sources that are or can be used for drinking water supply (Article 60 paragraph 1 point 5);
Uses sludge on pastures or in the production of crops for animal feed if the time between the use of processed sludge and the harvesting of crops for animal feed or the start of grazing is less than 21 days (Article 60 paragraph 1 point 6);
Uses sludge on surfaces intended for the production of fruits and vegetables that are in direct contact with the soil and can be eaten raw, in the period of 10 months before the start of harvesting (Article 60 paragraph 1 point 7);

46a) Does not provide soil analysis before using processed sludge in agriculture and/or on green areas and/or in parks (Article 61 paragraph 1);

46b) Does not submit records and annual reports from Article 61 paragraph 3 to the Agency and the competent local government authority by March 31 of the current year for the previous year (Article 61 paragraph 4);

Deposits waste in liquid state on the landfill (Article 69 paragraph 1 point 2);
Deposits waste that has explosive, oxidizing, highly flammable or flammable properties on the landfill (Article 69 paragraph 1 point 3);
Deposits unprocessed medical or veterinary waste on the landfill (Article 69 paragraph 1 point 4);
Deposits waste consisting of automotive and industrial batteries and accumulators on the landfill (Article 69 paragraph 1 point 5).
Depositing waste if the waste is whole or shredded waste rubber, except for bicycle tires and tires with an outer diameter greater than 400 mm (Article 69 paragraph 1 point 6);
Disposes of waste resulting from scientific research, whose properties are unknown or new and whose effects on humans or the environment are unknown (Article 69, paragraph 1, point 7);
Deposits waste in areas that may have an impact on surface and groundwater (Article 69, paragraph 1, point 8);
Fails to notify the Agency of significant negative impacts on the environment and human health that have been identified through monitoring under Article 75, paragraph 3 of this Law (Article 75, paragraph 5);
Temporarily stores waste during collection or transport to a treatment facility for a period longer than one year (Article 77, paragraph 1, point 1, subpoint 1);
Temporarily stores waste at a waste treatment facility for a period longer than three years (Article 77, paragraph 1, point 1, subpoint 2);

56a) Stores hazardous waste for a period longer than 18 months (Article 77, paragraph 2);

56b) Stores waste in a facility that does not have an operating permit issued in accordance with the law governing the construction of facilities (Article 77, paragraph 4);

56c) Stores waste in an open area with a solid surface and a wastewater discharge system that has not been approved for construction or installation by the competent local authority (Article 77, paragraph 5);

Imports non-hazardous waste for disposal or for use as fuel or for other forms of energy production (Article 80, paragraph 2).
For the offense referred to in paragraph 1 of this Article, as well as for failure to submit a local plan to the Ministry (Article 23, paragraph 4), the responsible person in a legal entity or the official in a local self-government unit shall be fined from 250 euros to 2,000 euros.
For the offense referred to in paragraph 1 of this Article, an entrepreneur shall be fined from 500 euros to 6,000 euros.
For the offenses referred to in paragraph 1, points 1, 4, 9, 11, 13, 18, 20, 23, 24, 26, 27a, 28, 32, 33, 40, 41, 42, 43, 44, 45, and 46 of this Article, a natural person shall be fined from 30 euros to 2,000 euros.

Article 91a

(1) The responsible person in a local self-government unit shall be fined in the amount of 30 euros to 2,000 euros for a misdemeanor if:

The local plan, for the purpose of assessing its compliance with the State plan, is not submitted to the Ministry for approval (Article 23, paragraph 4);
The annual report on the implementation of the local plan is not submitted in electronic and written form to the Ministry and the Agency, no later than June 30th of the current year for the previous year (Article 25, paragraph 7);
Contrary to Article 44, paragraph 1, they do not keep records of municipal waste generated in the local self-government unit based on data obtained from companies or entrepreneurs who have permits for processing and/or disposal of waste from Article 31 and/or from a company or entrepreneur registered in the collector register from Article 37 of this Law (Article 44, paragraph 2, subparagraph 2).
The location from Article 78, paragraph 3 is not fenced, in order to prevent the presence of unauthorized persons, domestic and wild animals, and uncontrolled waste disposal, and/or it is not equipped with a scale for measuring the amount of waste temporarily stored, and/or does not have an organized guard service and waste reception and maintenance service for the temporary storage (Article 78, paragraph 4, subparagraphs 1, 2, and 3);
The location from Article 78a, paragraph 3 is not fenced, in order to prevent the presence of unauthorized persons, and uncontrolled waste disposal, and/or it is not equipped with a scale for measuring the amount of non-hazardous construction waste temporarily stored, and/or does not have an organized guard service and waste reception service (Article 78a, paragraph 5, subparagraphs 1, 2, and 3).
The entity managing the temporary storage of non-hazardous construction waste does not keep records of the reception of non-hazardous construction waste from Article 78a, paragraph 6 (Article 78a, paragraph 7).

XIV. TRANSITIONAL AND FINAL PROVISIONS

Article 92

(1) Subordinate regulations for the implementation of this Law shall be adopted within 24 months from the date of entry into force of this Law.

(2) Until the regulations referred to in paragraph 1 of this Article are adopted, subordinate regulations adopted on the basis of the Law on Waste Management (“Official Gazette of the Republic of Montenegro”, No. 80/05 and “Official Gazette of Montenegro”, No. 73/08) shall apply.

Article 93

(1) Companies and entrepreneurs are obliged to harmonize their business with this Law within 24 months from the date of entry into force of this Law.

(2) The holder of PCB, waste PCB, and equipment containing PCB is obliged to submit data from the record referred to in Article 57 paragraph 2 of this Law to the Agency, no later than 90 days from the date of entry into force of this Law.

(3) PCB separation from equipment and decontamination of equipment containing PCB may be carried out no later than December 31, 2020.

(4) Equipment containing PCB may be used no later than December 31, 2020.

(5) Equipment containing PCB may be used after the expiry of the deadline referred to in paragraph 4 of this Article, provided that it has been decontaminated.

(6) Companies and entrepreneurs that export non-hazardous waste are obliged to register in the register referred to in Article 82 paragraph 1 of this Law by June 1, 2012.

Article 94

(1) The National Waste Management Plan in accordance with this Law shall be adopted by March 31, 2013.

(2) Until the plan referred to in paragraph 1 of this Article is adopted, the National Waste Management Plan adopted before the entry into force of this Law shall apply.

(3) Local plans for municipal waste management shall be adopted within six months from the date of adoption of the plan referred to in paragraph 1 of this Article.

Article 95

(1) The waste producer shall prepare a waste management plan in accordance with this Law within three months from the day of the adoption of the sub-law act referred to in Article 27, paragraph 2 of this Law.

(2) Until the adoption of the plans referred to in paragraph 1 of this Article, the plans adopted before the entry into force of this Law shall apply.

Article 96

Deleted. (Law on Amendments to the Law on Waste Management, “Official Gazette of Montenegro”, no. 39/16)

Article 97

Deleted. (Law on Amendments to the Law on Waste Management, “Official Gazette of Montenegro”, no. 39/16)

Article 98

Within one year from the day of entry into force of this Law, the competent local government authority shall conduct an inventory of unregulated landfills in its area, prepare a plan for their remediation, and include it in the local plan referred to in Article 94, paragraph 3 of this Law.

Article 98a

The location where municipal waste collected from the territory of the local government unit is temporarily stored shall be arranged in accordance with Article 78 of this Law within six months from the day of entry into force of this Law.

The location where non-hazardous construction waste collected from the territory of the local government unit is temporarily stored shall be arranged in accordance with Article 78a of this Law within nine months from the day of entry into force of this Law.

The temporary storage of municipal waste from Article 78 and 78a of this Law shall be carried out within the deadlines set by the State plan.

Article 98b

(1) The reuse and recycling of paper, metal, plastic, and glass in the percentages set out in Article 14 of this law must be achieved by 2020.

(2) The objective set out in Article 14, paragraph 1 of this law will be achieved by preparing at least:

25% of waste material for reuse and recycling by December 31, 2017;
35% of waste material for reuse and recycling by December 31, 2018;
45% of waste material for reuse and recycling by December 31, 2019;
50% of waste material for reuse and recycling by December 31, 2020.

(3) The objective set out in Article 14, paragraph 2 of this law will be achieved by preparing at least:

10% of non-hazardous construction waste for reuse and recycling by December 31, 2017;
30% of non-hazardous construction waste for reuse and recycling by December 31, 2018;
50% of non-hazardous construction waste for reuse and recycling by December 31, 2019;
70% of non-hazardous construction waste for reuse and recycling by December 31, 2020.

(4) In order to achieve the level of quantities of biodegradable municipal waste that is landfilled, as set out in Article 20, paragraph 1 of this law, the percentage of biodegradable waste quantities shall be as follows:

75% of the total mass of biodegradable waste produced in 2010 must be achieved by 2018 at the latest;
50% of the total mass of biodegradable waste produced in 2010 must be achieved by 2021 at the latest;
35% of the total mass of biodegradable waste produced in 2010 must be achieved by 2025 at the latest.

Article 98c

(1) The competent authority of local self-government is obliged, within three months from the date of entry into force of this law, to conduct an inventory of unregulated municipal waste disposal sites in its area and, within one year, to prepare a program for the remediation of these sites and include it in the local plan under Article 23 of this law.

(2) Local self-government units are obliged to remediate and rehabilitate locations where waste was deposited in accordance with decisions of the competent authority of the local self-government, but which do not meet the conditions prescribed by this law, within the deadlines set by the National Plan.

(3) Local self-government units are obliged to prepare a remediation plan, or a remediation project for locations over 1000 m3 of waste.

Article 99

(1) Permits and approvals issued before the entry into force of this law shall remain valid until their expiration date.

(2) The Agency shall enter the permits for waste collection and transportation issued under the Law on Waste Management (“Official Gazette of the Republic of Montenegro”, No. 80/05 and “Official Gazette of Montenegro”, No. 73/08) into the register of waste collectors and transporters within six months from the date of adoption of the sublegal act under Article 37, paragraph 4 of this law.

Article 100

Procedures initiated before the entry into force of this law shall be completed in accordance with the regulations that were in force before the entry into force of this law.

Article 100a

Sub-legal acts for the implementation of this law shall be adopted within 24 months from the date of its entry into force.

Article 101

The Law on Waste Management (“Official Gazette of the Republic of Montenegro”, No. 80/05 and “Official Gazette of Montenegro”, No. 73/08) shall cease to be valid on the day of entry into force of this law.

Article 102

This law shall enter into force on the eighth day from the day of its publication in the “Official Gazette of Montenegro”.

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