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LAW OF UKRAINE

of June 20, 2022 No. 2320-IX

About waste management

This Law determines legal, organizational, economic basis of activities for prevention of education, to reduction of amounts of formation of waste, decrease in negative effects from activities for waste management, assistance to preparation of waste for reuse, recycling and recovery for the purpose of prevention of their negative impact on human health and the surrounding environment.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) biowaste - the waste having property to be exposed to anaerobic or aerobic decomposition, such as waste of foodstuff or waste of the food industry at all production phases and consumption, waste from green plantings;

2) large-size waste - household waste which by the size cannot be placed in containers by amount to 1,1 of cubic meter;

3) waste disposal - the transaction which is not recovery of waste even if one of effects of such transaction is use of substances or energies. The list of transactions on waste disposal is given in appendix 1;

4) the producer of products - the subject of managing introducing products into circulation, that is providing products which it makes or imports, in the market of Ukraine for the first time;

5) recovery of waste - transaction as a result of which waste is used for the useful purposes, replacing materials which shall be used for accomplishment of certain function or which are prepared for accomplishment of this function at the company or in other economic activity. The list of transactions on recovery of waste is given in appendix 2;

6) recovery of materials - any transaction on recovery of materials, other, than energy production and transformation of waste into materials which can be used as fuel or for other energy production which can include preparation of waste for reuse, recycling, the return filling and other transactions;

7) waste - any substances, materials and objects of which their owner gets rid, it intends or shall get rid;

8) waste of construction and demolition - the waste formed owing to activities for capital repairs, construction or demolition of buildings and constructions;

9) waste of foodstuff - the foodstuff in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff" which became waste;

10) the waste which is not dangerous - the waste which does not have the properties doing them dangerous given in the inexhaustible List of the properties doing the waste dangerous given in appendix 3;

11) the owner of waste - the physical person, the legal entity forming waste or which according to the law owns uses and disposes of waste;

12) the declaration on waste - the document which according to this Law is filed by obrazovatel of waste if their activities lead to formation of dangerous wastes or the annual amount of formation of waste which are not dangerous exceeds 50 tons;

13) waste disposal - placement of waste on surface or under surface (underground) lands by method which does not pose health hazard of people and the surrounding environment and does not provide further processing of waste;

14) storage of waste - content of waste on subjects to cleaning, including before their processing, within no more than one year from the moment of their education which is safe for human health and the surrounding environment according to ecological and sanitary and epidemiologic requirements;

15) collection of waste - the transaction consisting in withdrawal, buying up, accumulating and storage of waste by subjects of managing in the field of waste management including separate collection, for the purpose of further transportation of waste on objects of processing of waste;

16) the return filling - transaction on recovery as a result of which waste suitable for this purpose are not dangerous and/or inert recultivations of the fulfilled mountain objects, other landscape works are used for filling of excavations (emptiness), replacing at the same time materials which are not waste;

17) inert waste - waste which do not experience physical, chemical or biological changes and transformations do not decay, do not burn, do not decay, do not make negative impact on other objects to which contact, both do not do harm to human health and do not lead to pollution of the surrounding environment;

18) medical waste - the waste which is formed as a result of implementation of activities for medical attendance or veterinary practice, implementation of examinations and researches in the field of health care, veterinary medicine, including scientific or research works;

19) dangerous wastes - the waste having one or more properties which do them dangerous, the properties given in the List which do waste dangerous (appendix 3);

20) object of processing of waste - installation, engineering construction or other object used for implementation of transactions on recovery or waste disposal;

21) processing of waste - transaction on recovery or waste disposal, including preparation of waste for such transactions;

22) transactions on waste management - collection, transportation, recovery and waste disposal;

23) transportation of waste - the transaction consisting in transportation of waste from the place of their education to object of processing of waste and also from one place / object to another;

24) preparation of waste for reuse - carrying out transactions on recovery (check, cleaning or repair) after which substances, objects and/or their constituting (components) which were waste can be reused without any other processing;

25) reuse of products - any transaction after which carrying out products or its constituting (components), are not waste are reused with the same purpose for which they were intended;

26) household waste - the mixed and/or separately assembled waste of households, including waste of paper, cardboard, glass, plastic, tree, textiles, metal, packagings, biowaste, waste of the electric and electronic equipment, waste of batteries and accumulators, dangerous wastes as a part of household, the large-size and repair waste and also mixed and/or separately assembled waste from other sources if this waste is similar on the structure to waste of households.

Household waste includes waste of the industry, rural and forestry, fishery and aquaculture, reservoirs for septic tanks, sewer networks and waste of their processing, including deposit of sewage, vehicles which useful life expired waste of construction and demolition, street estimates, medical waste;

27) polygon - the place of waste disposal intended for their placement on surface or under the surface (underground) of the earth including:

internal places for waste disposal on which obrazovatel of waste - the subject of managing performs removal of own waste on site of education;

permanent places on which waste is placed more than one year;

28) service in management of household waste - transactions on collection, transportation, recovery and removal of household waste, and also the activities connected with the organization of system operation of management of household waste which is performed by the contractor of service in management of household waste;

29) acceptance of waste - acceptance of the waste formed as a result of consumption/use of products which producer the law establishes expanded liability of the producer, in points of sale, administrative, social, public, commercial, entertaining, recreational, tourist and other institutions, and also mobile offices for acceptance of waste in the procedure established by the law;

30) repair waste - remaining balance of substances, materials, objects, the products formed during re-equipment, re-planning or running repair in the apartment house, the certain apartment or the building of public appointment;

31) recycling - transaction on recovery as a result of which waste is processed into products, materials or substances for their use on primary or other purpose. This transaction includes conversion of organic material, but does not include energy production or transformation of waste to materials which can be used in fuel quality or as materials for the return filling;

32) separate collection of waste - collection of waste separately depending on their type, characteristics and structure by method which will promote their further processing;

33) expanded liability of the producer - complex of economic, financial, administrative and organizational measures for ensuring responsibility of producers of certain types of products for management of stage of waste in product lifecycle;

34) management system household waste - complex of actions for collection, transportation and processing of household waste, including creation and ensuring activities of objects, supervision of them and further care of subjects to removal of household waste, and also activities of the subjects of managing performing separate transactions on management of household waste within territorial community or several territorial communities;

35) sorting of waste - the transaction connected with mechanical distribution of waste depending on their physical and chemical properties, material components, energy value, other indicators for the purpose of their preparation for processing;

36) the subject of managing in the field of waste management - the legal entity or physical person entrepreneur, the performing collection, purchase, storage, transportation, recovery and/or waste disposal according to the legislation;

37) heat treatment of waste - the engineering procedure on heat treatment of waste corresponding to rules of technical operation of the corresponding installation;

38) waste management - complex of actions for collection, transportation, processing (recovery, including sorting and removal) of waste, including supervision of such transactions and further care of subjects to waste disposal;

39) installation of burning of waste - any stationary or mobile technical unit and the equipment intended for heat treatment of waste with recovery of heat which is formed when burning or without it for the purpose of removal by burning by means of oxidation, and also other processes of heat treatment, such as pyrolysis, gasification, plasma process if the substances which are formed as a result of heat treatment are burned further;

40) installation of joint burning of waste - any stationary or mobile technical unit intended for energy production or production of material products which uses waste as regular or additional fuel or waste undergo heat treatment for the purpose of removal by burning by means of oxidation, and also other processes of heat treatment, such as pyrolysis, gasification, plasma process if the substances which are formed as a result of heat treatment are burned further;

41) obrazovatel of waste - physical person, the legal entity as a result of whose activities waste, and also the subjects of waste management performing transactions of sorting, mixing or other transactions leading to change of characteristics or structure of waste are formed.

Article 2. Law coverage

1. This Law governs the relations connected with prevention of education and waste management which are formed in Ukraine and also with waste management, transported through the territory of Ukraine, are exported out of its limits and imported into Ukraine for the purpose of recovery, including recycling.

Regulation of the relations connected with waste management, containing metals or their alloys, metal wares, is performed according to this Law taking into account the features determined by the Law of Ukraine "About scrap metal".

2. Operation of this Law does not extend on:

1) gaseous substances, including imperceptible, thrown out directly in atmospheric air;

2) radioactive waste;

3) the explosives of military and civil appointment taken out of service;

4) the uncontaminated soil and other natural materials extracted during construction works provided that such materials are used in construction in the natural (initial) state on the area in which they were got;

5) the by-products of animal origin which are not intended for consumption by the person which turnover is regulated by the Law of Ukraine "About the by-products of animal origin which are not intended for consumption by the person" except to what transactions of burning, burials are applied or which are used for biogas and compost;

6) substances, held for use as fodder materials according to the Law of Ukraine "About safety and hygiene of forages" which are not by-products of animal origin are not intended for consumption by the person;

7) waste and drainage waters.

Article 3. Main objectives and the principles of state policy in the field of prevention of education and waste management

1. Main objectives of state policy in the field of prevention of education and waste management are:

1) protection of human health and environment against negative impact of waste;

2) implementation of actions in the field of waste management without health hazard of people and damnification to the surrounding environment within the established standard rates of harmful effects of physical factors;

3) respect for hierarchy of waste management;

4) introduction of expanded liability of the producer.

2. The basic principles of state policy in the field of prevention of education and waste management is:

1) prevention - the creator or the owner of waste takes measures for prevention of formation of waste, and also for prevention, reduction or elimination of negative impact of waste on human health and the surrounding environment;

"The pollutant pays 2)" - the creator or the owner of waste covers expenses on prevention of formation of waste, their collection, transportation and processing, including expenses on creation and content of objects of processing of waste;

3) territorial nearness - processing of waste is performed on the next construction or installation on processing of waste, or in the place of waste disposal, considering their ecological and cost efficiency, according to regional and local management plans waste;

4) forming of competitive environment in the field of management

waste - subjects of managing, public authorities and local government bodies shall promote development of the competition and shall not make any wrongful acts which can have negative impact on the competition in the field of waste management.

Article 4. Hierarchy of waste management

1. The hierarchy of waste management takes root central and local executive bodies, local government bodies, the companies, organizations and the organizations with the purpose (according to the procedure of priority):

1) prevention of formation of waste;

2) preparation of waste for reuse;

3) recycling;

4) recoveries of waste (including energy production);

5) waste disposals.

2. The companies, organizations and the organizations which activities lead to formation of waste provide respect for hierarchy of waste management in the way:

1) planning and implementation of the activities so that to prevent formation of waste, to reduce their education, to prevent their negative impact on human health and the surrounding environment during designing of products, its production, in time and after use of products;

2) implementation of recovery of waste which formation did not manage to be prevented, providing preparation of waste for reuse, recycling or carrying out other transactions on recovery, including energy production;

3) removals only of that waste which are unsuitable for the technological or economic reasons to recycling or other transactions on recovery of waste.

Article 5. Prevention of formation of waste

1. Prevention of formation of waste is reached by realization of the following events:

1) encouragement and support of steady production and consumption of products;

2) encouragement of designing, production and use of resursoeffektivny and more long-lasting products, including prolongation of term of its use, and also products suitable for repair, reuse and to upgrade;

3) allocation from waste of raw materials which can be reused;

4) ensuring availability of spare parts, maintenance instructions, technical information or other tools, the equipment or the software which allow to make repairs and provide reuse of products without decrease in level of its quality and safety of functioning;

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