Publication date: 03.06.2024
The procedure for issuing, refusing to issue, canceling a permit for waste treatment operations
This procedure determines how a permit for waste treatment operations is issued, refused to be issued, and revoked. It applies to all enterprises involved in waste management.
The terms used in this order correspond to the definitions given in the Laws of Ukraine on waste management, administrative services, permit system, electronic documents and electronic document management, as well as electronic trust services.
Mandatory permission
Enterprises that plan to engage in or are already engaged in waste treatment must obtain the appropriate permit before starting their activities. This permit is granted for operations at one or more waste treatment facilities.
Conclusion on environmental impact assessment
The permit is issued after receiving a positive conclusion from the environmental impact assessment, which confirms the admissibility and determines the environmental conditions of the activity. If the activity has been assessed and received a conclusion, but has undergone expansion or changes, the relevant articles of the Law on Environmental Impact Assessment must be taken into account.
The procedure for submitting documents
All procedures related to the issuance, refusal to issue, and cancellation of a permit are carried out exclusively in electronic form through the waste management information system, which is part of the "EkoSistema" Unified ecological platform.
The application for obtaining a permit and the necessary documents can be submitted in two ways:
1. In paper form in person or by mail with a description of the attachment.
2.In electronic form through the Unified state web portal of electronic services or systems integrated with it.
Create an account
To obtain a permit, the enterprise must create an account in the information system, having passed electronic identification and authentication using an electronic signature or other means of electronic identification.
Electronic signature
An electronic signature based on a qualified public key certificate is applied to all applications and attachments submitted electronically through the system.
Application requirements
The application in electronic form, submitted through the system, must be filled out in accordance with the established form and contain the full amount of information. If the form is filled out incorrectly or incompletely, it is impossible to submit an application. Responsibility for the reliability of the information in the application is borne by the company that submits it.
Documents and their presentation
Scanned copies of paper documents (photocopies) must meet the requirements of system functioning. If the enterprise has branches or other subdivisions without the status of a legal entity that work in different regions of Ukraine, the application must specify the code in accordance with the Codifier of Administrative-Territorial Units and Territories of Territorial Communities (KATOTTG), the address of each object, cadastral number, destination of the land plot and the coordinates of the corner points of the waste treatment facility in the WGS-84 system.
Information on waste treatment operations
Codes for types of waste processing operations are determined in accordance with Appendices 1 and 2 to the Law of Ukraine "On Waste Management".The code and name of waste, its composition and properties are determined in accordance with the Waste Classification Procedure and the National List of Waste.
Content of the application for obtaining a permit
The application must include information about the object, types of processing operations, name and code of waste, its composition and properties, design capacity of the object, volumes of processing, period of operation, source of origin of waste and other necessary data. Also added:
1. Information on the name and code of waste according to the National List.
2. Information about the material and technical base for carrying out operations.
3. Indicators of waste generation in technological processes.
4. Description of technological processes of waste treatment.
5. Copy of the document on the appointment of responsible persons.
6. Conclusion on environmental impact assessment, if provided for by law.
Special requirements for landfills and heat treatment
For waste disposal operations at the landfill, the following are additionally submitted:
1. Description of the hydrological and hydrotechnical characteristics of the place.
2. Information on the project volume of waste removal and the period of operation.
3. Information about natural and geological characteristics.
4. Technical and technological characteristics of waste removal.
5. Landfill reclamation project, description of measures to stop operation and maintenance.
For facilities where heat treatment of waste is planned, a monitoring plan provided for by law is additionally submitted.
Review of applications and decision-making
The Ministry of Environment considers applications for obtaining a permit within 30 calendar days from the moment of their receipt, checking the completeness and authenticity of the submitted documents. The decision to issue a permit is issued in accordance with the standard application form and is issued in electronic form in accordance with the legislation on electronic documents. After the decision to issue a permit, the data is automatically entered into the Register of permits for waste treatment operations and the Register of business entities.
Notice of decision
A copy of the decision to issue a permit is sent to the enterprise by e-mail within three working days from the moment of approval. In case of refusal to issue a permit, the decision is also sent by e-mail within three working days from the moment of approval, and is drawn up using the form in accordance with the attached form. Reasons for refusal are determined in accordance with current legislation.
Reconsideration of the application
In case of a repeated application, the Ministry of Environment considers it within 15 working days.During the re-examination of the application, it is not allowed to refuse for reasons that were not specified in the previous decision on refusal, except for cases when the previous reasons for refusal were not eliminated or were not eliminated in full.
Cancellation of permission
The grounds for cancellation of the permit are determined by legislation and can be applied as special economic and other restrictive measures in accordance with the Law of Ukraine "On Sanctions". The Ministry of Environment considers an application for the cancellation of a permit within five working days from the moment the relevant grounds arise. Cancellation of the permit takes place within ten working days after the reporting period, if no reports on compliance with the permit conditions have been submitted.
Lawsuits and entry of records
The Ministry of Environment can apply to the administrative court with a claim to cancel the permit in cases specified by law. A record of cancellation of a permit is automatically entered in the Register of permits for waste treatment operations and the Register of business entities.
This procedure ensures transparency and compliance of all waste processing operations with established legal requirements, contributing to environmental safety and effective waste management in Ukraine.
Offer of legal service "Consultant"
Obtaining a permit to carry out waste treatment operations is a complex and multi-step process that requires careful preparation of documents and compliance with legal requirements. Legal marketplace "Consultant" offers full legal support for business entities that plan to carry out waste processing activities.We provide legal advice on all issues related to the preparation and submission of documents. Our specialists will analyze the documents necessary for obtaining a permit and will check them. In case of complex situations, we are ready to conduct a legal analysis of the situation and provide a written consultation with detailed recommendations.
In addition, we offer "lawyer's help online" and "lawyer online" services, which allows you to get the necessary help from a lawyer online at any time convenient for you. If necessary, we can prepare a legal opinion or a lawyer's legal opinion that will help justify your position before the regulatory authorities.
Entrust us with the preparation of your documents, and we will provide professional support at every stage of obtaining a permit, guaranteeing speed and accuracy in fulfilling all legal requirements.
