Publication date: 11.07.2024
The procedure for obtaining a waste recycling licence
Waste recycling is an important element of environmental policy and sustainable development aimed at reducing the negative impact on the environment, preserving natural resources and ensuring public health. In Ukraine, business entities must obtain a licence to carry out waste processing, which ensures compliance with the established requirements and standards. In this article, we will review the main aspects of the procedure for obtaining a waste processing licence, the regulatory framework, requirements for applicants and the application procedure.
The regulatory framework
The process of obtaining a waste processing licence in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Waste":
- Defines the legal and organisational framework for waste management activities, establishes requirements for waste treatment, disposal and storage, as well as the procedure for obtaining licences for these activities.
TheLaw of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of economic activities, including waste processing. It sets out general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection and establishes requirements for environmental safety, including in the area of waste management.
Law of Ukraine "On Ensuring Sanitary and Epidemiological Welfare of the Population":
- Establishes sanitary and epidemiological requirements for waste management, including its storage, transportation and processing.
Resolutions of the Cabinet of Ministers of Ukraine and other regulations:
- Establish additional requirements for waste processing, regulate the procedure for obtaining permits, reporting and control over activities in this area.
Types of waste processing licences
There are several types of waste processing licences in Ukraine, depending on the nature and scope of the activity:
Hazardous waste processing licence:
- A permit to carry out hazardous waste processing activities, including the collection, transportation, storage, treatment, disposal and neutralisation of waste that may pose a threat to the environment and human health.
Alicence for the processing of non-hazardous waste:
- A permit to carry out non-hazardous waste processing activities, including similar types of waste handling that do not pose a serious threat to the environment and health.
Requirements for applicants
In order to obtain a waste treatment licence, a business entity must meet a number of requirements set out in the legislation. The main requirements include:
Organisational and legal form:
- A licence to carry out waste processing activities may be obtained by legal entities and individual entrepreneurs registered in accordance with the laws of Ukraine.
Material and technical base:
- The business entity must have the necessary material and technical base to carry out waste processing activities, including specialised equipment, vehicles, premises for storage and processing of waste, etc.
Staff qualifications:
- The business entity must have qualified employees who have the necessary knowledge and experience to carry out waste processing activities. The staff must have appropriate education, training and certificates.
Nocriminal record:
- Managers and employees of the business entity should not have any convictions for serious crimes, crimes against the environment, life and health, as well as other crimes provided for by law.
Compliance with environmental and sanitary requirements:
- The business entity's activities must comply with the requirements of environmental and sanitary legislation, including regulations on waste storage, transportation and processing.
The procedure for applying for a licence
The procedure for applying for a waste processing licence includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- An application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate (for individual entrepreneurs).
- Documents confirming the availability of the material and technical base.
- Qualification documents of employees.
- Certificate of no criminal record for managers and employees.
- Documents confirming compliance with environmental and sanitary requirements.
- An application for a licence in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the relevant licensing authority (for example, the Ministry of Ecology and Natural Resources of Ukraine). Documents can be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication:
- The relevant licensing authority reviews the application and checks whether the applicant meets the requirements. This includes verification of the submitted documents and a possible on-site inspection at the place of business.
Decision-making:
- Based on the results of the inspection, the licensing authority makes a decision to issue or refuse to issue a waste processing licence. In the event of a refusal, the applicant is provided with a justification of the reasons for the refusal and recommendations for eliminating deficiencies.
Obtaining a licence:
- In case of a positive decision, the applicant receives a waste processing licence, which entitles him to carry out the relevant activities. The licence is issued in the prescribed form and registered in the relevant register.
Procedure for monitoring compliance with licence conditions
The relevant licensing authorities carry out ongoing supervision of compliance with licence conditions by business entities. This includes:
Regular inspections:
- The licensing authorities conduct scheduled and unscheduled inspections of business entities to assess their compliance with the established requirements and standards.
Monitoring of activities:
- The licensing authorities monitor the activities of business entities, analyse their reports and decide on the application of enforcement measures in case of violations.So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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