Na Podlagi Drugega Odstavka 30. Člena Zakona O Varstvu Okolja (Uradni List RS, Št. 32/92

Pursuant to the second paragraph of Article 30 of the Environmental Protection Act (Official Gazette of the Republic of Slovenia, 32/92 and 1/96), the Minister of the Environment and Physical Planning hereby issues the:

RULES ON WASTE MANAGEMENT

Article 1

These Rules shall govern the classification list for waste and hazardous waste, the obligatory management of waste, and other conditions for the collection, carriage, processing and disposal of waste.

Article 2

Waste shall be deemed to be all substances or items which are classified under any of the groups of waste specified in Annex 1 to these Rules (hereinafter: list of wastes) and whose owners do not want to use them, do not need them or are inconvenienced by them, with the consequence that they dispose of, intend to dispose of or must dispose of them.

In addition, waste shall be deemed to be all substances or items classified under any of the groups of waste included in the list of wastes which, for environmental protection purposes or for other public interests, must be submitted for collection, processing or disposal, or which must be carried away, processed or disposed of using the prescribed methods.

Article 3

Hazardous waste shall be deemed to be waste classified under any of the groups of waste specified in the classification list of hazardous wastes included in Annex 2 to these Rules (hereinafter: list of hazardous wastes).

It shall be deemed that the hazardous waste referred to in the preceding paragraph is waste which has one or more of the properties shown in Table 1 of Annex 3 to these Rules.

Waste shall also be deemed to be hazardous if it contains, or is mixed with, the waste specified in the list referred to in the first paragraph of this Article.

Article 4

For the purpose of these Rules, the terms used herein shall have the following meanings:

1. A source of waste is an entity which carries out operations or an activity which generate waste (original source of waste), and all entities which carry out the mixing of waste or use other pre-treatment procedures which change the properties or composition of this waste.

2. A waste owner is a source of waste or an entity which is in possession of waste.

3. Waste control covers the prevention of and reduction in the generation of waste and of harmful effects on the environment, and waste management.

4. Waste management refers to the collection, carriage, processing and disposal of waste, including the supervision of this management and the environmental protection measures taken after a facility or plant for the treatment or disposal of waste has ceased to operate.

5. Waste processing refers to the procedures specified in Annex 4 to these Rules. Waste processing is intended for the beneficial utilisation of waste or its constituents, and chiefly covers the recycling of waste for the purpose of processing it into raw materials and of re-using the waste, the use of waste as fuel in power stations and other industrial combustion plants, and the use of waste for the production of fuel. The incineration of municipal and other waste using heat processing for the purpose of waste disposal is not deemed to be waste processing.

6. A waste processor is an entity which processes waste, irrespective of whether this person is the source of waste or whether it processes waste owned by other owners (hereinafter: waste processor).

7. Waste disposal refers to the procedures specified in Annex 5 to these Rules. Waste disposal is intended for the final management of waste which cannot be processed, and primarily covers waste treatment using biological, thermal or chemical/physical methods, as well as waste depositing.

8. A waste disposer is an entity which disposes of waste, irrespective of whether this person is the source of the waste or whether it disposes of waste owned by other waste owners (hereinafter: waste disposer).

9. Waste collection is the collection of waste which its owners submit to waste collectors, the sorting and mixing of waste for the carriage of waste, and the subsequent processing or disposal of waste.

10. A waste collector is an entity which, in accordance with regulations, carries out the activity of the collection of a specific type of waste (hereinafter: waste collector).

11. A waste carrier is an entity which, in accordance with regulations, performs the activity of the carriage of waste owned by other waste owners (hereinafter: waste carrier).

12. A provider is an entity which, in accordance with regulations, performs the activity of providing the processing or disposal of waste for other waste owners.

13. Temporary waste storage is the storage of waste for the purpose of the suitable accumulation or collection of waste at the site where the waste is generated before processing or disposal is carried out.

Article 5

The provisions of these Rules shall not apply to:

1. substances emitted with gaseous effluents into the atmosphere;

2. radioactive waste;

3. waste resulting from the prospecting, extraction, treatment and processing of mineral resources;

4. abattoir waste and infectious materials of animal origin;

5. compostable animal manure and organic substances generated by and used in agriculture in accordance with regulations;

6. substances drained, together with wastewater, directly into waters or sewage systems;

7. waste generated by the identification, extraction, transport, storage and treatment of means of combat, and by their disposal.

Article 6

If waste has the form of extracted soil polluted with hazardous substances to the extent that the value of at least one parameter exceeds the values specified in Table 2 included in Annex 3 to these Rules, the management of this waste shall also be subject to the provisions of these Rules which govern hazardous waste.

Article 7

Waste shall be labelled with a classification number from the list of wastes (hereinafter: waste label).

Hazardous waste shall be labelled with a classification number from the list of hazardous wastes (hereinafter: hazardous waste label).

If there are doubts regarding the selection of waste or hazardous waste labels, the ministry responsible for environmental protection (hereinafter: ministry) shall, at the owner’s request, give its opinion on the waste or hazardous waste labels, based on an observation of the hazardous properties specified in Table 1 included in Annex 3 to these Rules.

Article 8

The collection, storage, carriage, processing and disposal of waste must be carried out without endangering human health and without the application of any procedures and methods which would have an excessive environmental impact and which would result in the following in particular:

- excessive impact on the air, water and soil;

- excessive pollution with noise or odours;

- a substantial deterioration in the living conditions of animals and plants;

- harmful effects on the landscape or areas protected in accordance with the regulations which govern environmental and cultural heritage protection.

Article 9

Waste must be processed if there are technical capabilities for processing and if there are possibilities for the further use of processed waste or its constituents.

Notwithstanding the provision of the preceding paragraph, waste shall not be required to be processed if the processing costs are disproportionately high with respect to the costs of the disposal of the waste.

Notwithstanding the provision of the first paragraph of this Article, waste shall also not be required to be processed if its disposal has a lesser impact on the environment than its processing, which refers in particular to:

- emissions of substances into the air, water and soil;

- the utilisation of natural resources;

- energy which must be used or is possible to generate;

- the level of content of hazardous substances in waste generated by waste processing, or in residues of waste which remain after the disposal of this waste.

Waste which is not required to be processed must be disposed of in accordance with regulations.

Article 10

The use of waste as fuel shall have priority over other methods of waste processing if it has a lesser impact on the environment than other processing methods, particularly with respect to:

- emissions of substances into the air, water and soil;

- the utilisation of natural resources;

- energy which must be used or is possible to generate;

- the level of content of hazardous substances in waste generated by the use of waste as a fuel or by other processing methods.

The use of waste as a fuel shall be permitted if:

- the energy value of the waste, without mixing it with other substances, is no lower than 11,000 kJ/kg,

- the loss of heat through gaseous effluents is less than 25%;

- it is possible to use the generated heat;

- the same treatment is ensured for waste generated by the use of waste as a fuel as that for waste generated by the use of fuel in power stations and other industrial combustion plants.

Notwithstanding the provisions of the preceding paragraph, the use of biomass in combustion plants shall be permitted if the conditions under the second, third and fourth indents of the preceding paragraph are fulfilled.

Article 11

For waste which is intended for disposal outside the site where it was generated but which, in accordance with regulations, is not required to be submitted for collection, the waste owner must ensure the disposal of this waste at a site which must be as close as possible to the site where the waste was generated.

Article 12

In the management of hazardous waste, the waste carrier, the waste processor and the waste disposer may not mix different groups of hazardous waste, or hazardous with non-hazardous waste.

In the event that hazardous waste intended for collection, transport, processing or disposal is mixed with other types of waste, substance or material, their separation must be ensured whenever this is technically feasible without incurring disproportionately high costs, and if this is necessary for preventing risks to human health or an excessive environmental impact.

Notwithstanding the provisions of the first paragraph of this Article, the ministry may, in the permit referred to in the first paragraph of Article 27 of these Rules, allow individual waste processors or disposers to mix different groups of hazardous waste, or to mix hazardous with non-hazardous waste, substances or materials if the conditions under Article 8 of these Rules are fulfilled, and if the mixing or amalgamation is intended for ensuring the greater safety of the processing or disposal of hazardous waste.

Article 13

Waste intended for processing or disposal must be stored separately from other waste and treated in such a way that it fulfils the requirements which apply to the planned processing or disposal methods.

Waste intended for processing shall be deemed to be waste until it is processed or permitted to be re-used.

The storage of waste shall be permitted only in facilities or plants which are intended for this in accordance with regulations.

The quantity of temporarily stored waste intended for disposal may not exceed the quantity of waste generated by operations or an activity in a twelve-month period.

Article 14

Waste which is collected, transported or stored must be packed in a way that prevents harmful effects on the environment, while the waste packaging or container must carry a suitable waste label.

Hazardous waste which is collected or stored, or its packaging or container, must be labelled in accordance with the regulations which govern the labelling of hazardous substances.

Article 15

The carriage of hazardous waste must be carried out in accordance with the regulations which govern the carriage of hazardous substances.

Article 16

New or reconstructed facilities or plants which are sources of waste must fulfil the following conditions in order to obtain a permit for encroaching on physical space:

- with respect to waste generation, they must ensure the use of friendlier and more efficient technologies applied in the utilisation of natural resources, the completion of the cycle of substances used in the production process, the highest possible efficiency of the utilisation of natural resources and the re-use of waste, the design of products which generate the lowest possible quantities of waste during production, or other possible measures for preventing the generation of waste and reducing the quantities of waste and the harmful effects on the environment;

- they must ensure the conditions required for the processing or disposal of waste and other measures for waste management in accordance with regulations.

If an environmental protection approval has to be obtained for the facilities or plants referred to in the preceding paragraph, the fulfilment of the conditions specified in the preceding paragraph shall be determined within the procedure for issuing this approval.

If an environmental protection approval is not required for the facilities or plants referred to in the first paragraph of this Article, the investor must, in his application for a permit for encroaching on physical space, submit the basic data on the purpose and capacity of the facility or plant, including an expert assessment of the types and quantities of waste generated and of the planned waste management measures.

The expert assessment referred to in the preceding paragraph must be compiled by a legal or natural person authorised to compile environmental impact reports.

The provision of the third paragraph of this Article shall not apply to facilities or plants generating only waste which, on the basis of this regulation, is deemed to be municipal waste, including separately-collected fractions and similar waste generated by industrial, business or service activities (hereinafter: municipal waste).

Article 17

New or reconstructed facilities or plants for the processing or disposal of waste must fulfil the following conditions in order to obtain a permit for encroaching on physical space:

- emissions of substances and energy into the air, water and soil may not exceed the prescribed limit values;

- the procedures and methods of the processing or disposal of waste may not result in any excessive environmental impact or have negative effects on the landscape;

- the prescribed treatment of waste and disposal of waste residues must be ensured;

- measures of protection against uncontrolled events and in the event of an ecological accident must be prepared;

- environmental protection measures must be ensured after the facility or plant ceases to operate.

If an environmental protection approval is not required for the facilities or plants referred to in the first paragraph of this Article, the investor must, in his application for a permit for encroaching on physical space, submit the basic data on the purpose and capacity of the facility or plant, including an expert assessment of the types and quantities of generated waste and of the planned waste management measures.

The expert assessment referred to in the preceding paragraph must be compiled by a legal or natural person authorised to compile environmental impact reports.

The provisions of this Article shall also apply to facilities or plants which are primarily intended for the performance of other activities, if the activities of waste processing or disposal are also carried out permanently or occasionally at these facilities or plants.

Article 18

Waste owners must ensure the processing or disposal of their waste in such a way that they:

- submit their waste to waste collectors;

- process the waste themselves in accordance with the procedures specified in Annex 3 to these Rules, or dispose of the waste in accordance with the procedures specified in Annex 4 to these Rules;

- or submit the waste to a waste processor or waste disposer.

Notwithstanding the provision of the preceding paragraph, waste owners which are not sources of waste and which are in possession of waste without their consent shall not be obliged to ensure the processing or disposal of this waste but must report the generation or emergence of waste to the inspectorate responsible for environmental protection.

Article 19

Sources of waste which generate more than 150 tonnes of waste or more than 200 kg of hazardous waste in one calendar year must have a waste management plan.

The waste management plan referred to in the preceding paragraph must, with respect to the type, quantity and sources of waste generation, contain at least the following data:

- data on the generation of waste and the expected trends of its generation;

- data on the existing and planned technical, organisational or other measures for preventing and reducing the generation and hazard level of waste;

- data on the existing and planned methods of management of generated waste;

- data on the processing or disposal of generated waste which they carry out on their own or intend to carry out on their own;

- data on their existing and planned facilities and plants for waste disposal.

The waste management plan referred to in the first paragraph of this Article shall be drafted for a period of four years. With respect to waste disposal, the plan must observe the guidelines included in operational environmental protection programmes in the area of waste disposal.

Article 20

Sources of waste must ensure that waste shipments submitted to a waste collector or to a waste disposer, and shipments of hazardous waste submitted to a waste processor, must be accompanied by a record sheet on waste management (hereinafter: record sheet).

Two copies of the record sheet must be attached. One copy shall be retained by the recipient; the other shall be confirmed and returned to the source of waste.

The form of the record sheet is included in Annex 6 to these Rules.

The provisions of the first paragraph of this Article shall not apply to original sources of municipal waste.

Article 21

Importers of waste imported for the purpose of disposing of it in the territory of the Republic of Slovenia, or importers of hazardous waste imported for the purpose of processing it in the territory of the Republic of Slovenia, must ensure that the waste shipments to be received by a waste disposer or a waste processor are accompanied by the record sheet referred to in the first paragraph of the preceding Article.

Two copies of the record sheet must be attached. One copy shall be retained by the recipient; the other shall be confirmed and returned to the importer of waste.

If the waste referred to in the first paragraph of this Article is accompanied by suitable documentation on the import, export and transit of waste, the importer shall not be required to provide a record sheet.