- General obligations
- General prohibitions
- Obligations of operators of waste recovery or disposal facilities
- Hazardous waste management
- Transport of hazardous waste in Slovakia
- Conditions for special waste
- Obligations of waste holders
- Conditions for granting an authorization
- Fees for waste processing activities
- Penalties
General obligations
All the necessary measures shall be taken to ensure that waste is disposed of without endangering human health and the environment and without:
a) risk of polluting the water, air, soil, and geological environment, and threats to plants and animals;
b) causing a nuisance to the surroundings with noise or odours; and
c) adversely affecting the landscape or a place of special interest.
The waste holder for whom the waste is managed shall cover the costs of waste management and related activities, if known, or if unknown by the last known waste holder. Separately collected components of municipal waste belonging to a specific waste stream are subject to the extended responsibility of the producers who bear the costs of waste management and related activities. If the identity of the holder of waste is known but is not in Slovakia, the state waste management administrative authority, in whose territory the waste is located, will manage the waste and the waste holder shall be responsible for the costs.
Individuals are strictly prohibited from handling or otherwise dealing with waste other than municipal waste, small construction-site waste and construction waste from simple or minor structures. Individuals are strictly prohibited from handling or otherwise dealing with construction waste from simple or minor structures containing asbestos.
General prohibitions
The following are strictly prohibited:
a) disposal, dumping or leaving waste in a place other than a site designated for waste in accordance with the Waste Act;
b) disposal of waste or waste recovery other than in compliance with the Waste Act;
c) disposal of waste by engaging in activities D4, D6 and D7, referred to in Annex 2 (only in Slovak);
d) engagement in unauthorised activities or activities where authorisation is required but has not been granted;
e) landfilling:
- liquid waste;
- waste which, in the conditions of a landfill, is explosive, corrosive, oxidizing, highly flammable or combustible;
- medical and veterinary waste generated in medical and health institutions, which originated as a product of used items and materials during diagnosing, medical treatment and prevention of diseases in humans and animals; the pre-treatment catalogue number referred to in Annex 8 (only in Slovak); this type of waste remains unacceptable for the landfills even in case of potential changes in catalogue numbering;
- waste tyres other than pneumatic tyres used as construction material in the construction of landfills, bicycle tyres and tyres with an outside diameter greater than 1,400 mm;
- waste with the content of dangerous substances exceeding the limits on the concentration of dangerous substances referred to in Annex 5 (only in Slovak);
- sorted biodegradable kitchen and restaurant waste;
- sorted collections of components of municipal waste that are subject to extended producer responsibility, except for waste remaining non-recoverable after sorting;
- biodegradable garden and park waste, including biodegradable cemetery waste, except for waste remaining non-recoverable after sorting;
- waste which has not undergone treatment except:
- inert waste which treatment is not technically feasible in order to reduce the amount of waste or its danger to human health or the environment;
- waste that after modification does not reduce waste levels or prevent dangers to human health or risks to the environment;
f) to dilute or mix waste in order to meet the limit values of concentration of harmful substances referred to in Annex 5 (only in Slovak);
g) dispose by incineration:
- waste collected separately for the purpose of preparing for re-use or recycling, except for waste which is a non-recoverable residue from these recovery operations, where the waste thus collected separately is not possible or expedient pursuant to Paragraph 6;
- biodegradable waste, except the disposal of waste for which consent has been given pursuant to Article 97(1)(b);
- municipal waste except waste incinerated in incinerator.
h) municipal waste incineration in the open air and in domestic heating installations.
Obligations of operators of waste recovery or disposal facilities
An operator of a waste recovery or disposal facility (hereinafter ‘facility’) is obliged:
a) to recover or dispose of waste in accordance with an operation permit or authorisation that has been granted;
b) to operate the facility in accordance with the approved operating procedure;
c) to maintain operating documentation for the facility;
d) to publish the conditions under which the operator takes receipt of waste for the facility;
e) to put into operation and operate machinery and technology and to perform authorised activities in accordance
with applicable documentation and technical requirements;
f) to comply with a waste producer’s obligations relating to the waste produced by the operator;
g) to provide the state waste management administrative authority in whose district the operator will be recovering or disposing of waste
with a minimum of seven days’ prior written notice of the place where it hill be carrying out this activity, the type, category and
amount of waste expected to be recovered or disposed of, and estimated times of the activity;
i) to publish the types of waste authorised to be disposed of or recovered;
j) if the facility is designed for the disposal of used polychlorinated biphenyls, to issue acknowledgement of receipt to the holders of used polychlorinated biphenyls or to the holders of equipment containing polychlorinated biphenyls who have supplied such polychlorinated biphenyls to the facility;
k) in exceptional cases, particularly where it could endanger human health and the environment, and further in light of the decision taken
by the a state waste management administrative authority, to dispose of or recover waste insofar as this is technically feasible for the
operator; the costs incurred in the recovery or disposal of waste as a result of that decision are borne by the waste holder;
l) to notify the competent state waste management administrative authority without undue delay of the refusal to accept waste
at a facility for waste disposal by means of activities D1, D5 and D10, referred to in Annex 2 (only in Slovak);
m) to publish all valid decisions issued to the operator under this Act on its website.
If the waste holder is unknown or unable to pay the costs associated with waste disposal or recovery within a reasonable time and in full, such a case shall be deemed as an accident and the procedure under a specific regulation may be applied in the compensation of the costs.
Management of hazardous waste
It shall be prohibited to dilute and mix:
a) different types of hazardous waste;
b) hazardous waste with non-hazardous waste; and
c) hazardous waste with substances or materials that are not waste.
This shall not apply if mixing of different types of hazardous waste:
a) is necessary to increase the safety of waste recovery or disposal;
b) conforms to the best available techniques;
c) will not pose a threat to human health and the environment and the conditions laid down are complied with;
d) is consistent with the authorisation that has been granted.
If waste has been mixed, the waste management administrative authority shall decide on the obligation to separate hazardous waste, provided that this is technically and economically feasible and if necessary to protect human health and the environment.
When collecting, transporting and storing hazardous waste, it must be packed in appropriate packaging and properly labelled.
The hazardous waste producer shall, for the purposes of identifying the hazardous properties and more detailed conditions for management thereof, arrange for the collection of samples and analysis of its properties and composition by a qualified person, unless the hazardous properties and detailed conditions for management thereof can be obtained from the safety data sheet for the product or the accompanying documentation for the product if the safety data sheet is not available.
The recovery and disposal of hazardous waste takes priority over other waste.
In the defined cases, it shall be prohibited to landfill hazardous waste without prior treatment significantly reducing the level of hazard, volume or weight thereof;
The Hazardous Waste Management Act applies to the management of waste that contains one or more dangerous substances and meets at least one criterion for the assessment of hazardous properties under the Waste Catalogue.
The qualifications required in order to carry on business in the field of management of hazardous waste are bachelor or master university degree in technical, scientific, pharmaceutical, agricultural, veterinary or medical fields and at least three years of experience in the field of management of hazardous waste, or secondary education in technical, agricultural or medical fields and at least five years of experience in the field of management of hazardous waste.
Hazardous waste landfill operators must draw up an emergency plan that will ensure:
a) a timely and appropriate response to an imminent accident, an accident that has already occurred, or another emergency (an
‘incident’);
b) the implementation of measures needed to ensure the protection of life, health, property and the environment from the effects of
incidents and to limit these effects, including recovery of the damaged environment,;
c) that employees, the public who may be affected by the consequences of an incident, as well as the competent authorities and other
parties whose assistance is expected are adequately informed.
An emergency plan drawn up in accordance with specific regulations may also serve as the emergency plan under paragraph (10).
Hazardous waste landfill operators shall update the emergency plan and the supporting documents whenever any significant changes in circumstances occur or at least once every three years.
Obligations relating to the transport of hazardous waste in the territory of the Slovak Republic
Anyone who has entered into a contract with a carrier which has as its object the transport of hazardous waste or undertakes the transport of hazardous waste using his or her own means of transport (hereinafter the “hazardous waste consignor”) shall:
a) ensure that hazardous waste is transported in accordance with the legislation and, if a permit is required for the transport of hazardous
waste, in compliance with this permit,
b) use for the transport of hazardous waste only such means of transport that conform to the provisions of international agreements on
the transport of dangerous goods, if not undertaken by themselves, ensure that the transport is undertaken by a carrier authorized
under specific regulations.
The hazardous waste consignor and the person to whom the hazardous waste is consigned (hereinafter the “hazardous waste consignee”) shall:
a) keep and retain records of the hazardous waste transported;
b) report the required information from the records under to the district office in the place where the hazardous waste is loaded and
the place where it is unloaded; if the permit for the transport of hazardous waste has been granted by the district office in the regional
capital, this information shall also be reported to this office;
c) enable state waste management system supervisory authorities to inspect the waste management practices in the course of transport;
at their request, present the relevant documentation and provide true and complete information relating to the waste management
system,
d) carry out any remedial measures imposed by state waste management system supervisory authorities.
When transporting hazardous waste, the hazardous waste consignors, hazardous waste consignees and carriers shall sign the hazardous waste accompanying sheet.
Hazardous waste consignors shall send a photocopy of the hazardous waste accompanying sheet to the district office competent according to the place where the hazardous waste is loaded and the place where it is unloaded; if the permit for the transport of hazardous waste has been granted by the district office in the regional capital, the photocopy shall also be sent to this office.
Hazardous waste consignees shall send the hazardous waste accompanying sheet signed in to the hazardous waste consignor, the district office competent according to the place where the hazardous waste is loaded and the place where it is unloaded; if the permit for the transport of hazardous waste has been granted by the district office in the regional capital, the accompanying sheet shall also be sent to this office.
Carrier who is neither hazardous waste consignee nor hazardous waste consignor shall safeguard hazardous waste accompanying sheet/note.
Specific waste streams
Obligations of waste holders
Waste holders shall:
a) correctly classify waste or arrange for waste to be correctly classified according to the Waste Catalogue; classify waste
correctly or arrange for the correct classification thereof in accordance;
b) collect waste sorted by type and protect it from spoilage, theft or other undesirable leakage; gather waste separated
according to types and secure it against deterioration, theft or other undesired movement;
c) gather hazardous waste separately according to types, label it in the specified manner and manage it in compliance
with this Act and specific regulations;
d) ensure that waste treatment follows the waste management system hierarchy, specifically by:
1. preparing it for reuse in the context of their activities; offering waste not used in this manner for preparation for reuse by
another party;
2. recycling in the course of their activities if it is not possible or expedient to prepare it for re-use, and the offering of
waste remaining unused in this way to another entity for recycling; recycling it in the context of their activities, if
preparing it for reuse is impossible or inappropriate; offering waste not used in this manner for recycling by another party,
3. recovering it in the context of their activities, if recycling it is impossible or inappropriate; offer waste not used in this manner
for recovery by another party,
4. disposing it, if recycling or other recovery thereof is impossible or inappropriate,
e) present waste only to an entity empowered to carry out waste management, unless they ensure the recovery or disposal
thereof themselves;
f) keep and retain records of the types, quantities and the management of waste;
g) report the recorded data to the competent waste management administrative authority and retain the reported data;
h) at the request of the previous waste holder, present documents that contain complete and true information showing
how the waste was managed, no later than within 30 days of receipt of a written request; also provide copies of the documents
at the request of the previous holder,
i) store waste for no longer than one year or gather waste for no longer than one year prior to the disposal thereof or for no longer
than three years prior to recovery thereof; the waste management administrative authority may only grant a permit for the gathering
of waste for a longer period to a waste producer.
Conditions for granting an authorisation
The waste management administrative authority issues permits for waste management entities that qualify for the authorised waste processing activities under the Waste Act.
Fees for waste processing activities
The state does not set price requirements for waste processing activities of legal persons or sole traders, hereinafter referred to as service providers. The service providers shall set price strategies by reacting to the market conditions.
Penalties
The competent state administrative authority for waste management will impose a fine from EUR 500 to EUR 350 000 upon legal persons, sole traders or natural persons who violate obligations under the Waste Act. The inspection body is the Slovak Environmental Inspectorate.
Last modified: 9. 8. 2021
Publication date: 25. 11. 2020