ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 29, 2023 No. 939

About approval of the Regulations on warehousing of waste

1. Approve Regulations on warehousing of waste it (is applied).

2. To the ministry of infrastructure and regional development to include in the Thematic plan, to develop through specialized technical committees and to approve within 6 months from coming into force of this resolution of regulation for designing, construction and operation of polygons of waste.

3. To impose control over the implementation of this resolution on Inspectorate for environmental protection.

4. This resolution becomes effective after six months from the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the Government of the Republic of Moldova of November 29, 2023 No. 939

Regulations on warehousing of waste

The regulations on warehousing of waste (further – the Provision) partially transfer the Directive of Council 1999/31/EU of April 26, 1999 about polygons of waste, published in the Official magazine of the European Union by L 182 of July 16, 1999, with the last amendments made by the Directive (EU) 2018/850 European Parliament and Council of May 30, 2018 published in the Official magazine of the European Union by L 150 of June 14, 2018 (the text is related to the EEA).

Chapter I General provisions

1. The regulations on warehousing of waste establish legal framework for:

1) implementation of activities for warehousing of waste, to designing, construction, operation, monitoring, closing and the subsequent observation of the new and existing polygons so that to provide environment protection and health of the population at the expense of strict technical and operational requirements to waste and polygons of waste;

2) gradual reducing by warehousing of waste which can be processed or used, including in the energy purposes;

3) implementations of measures and recommendations about prevention and decrease in negative impact on environment components (surface and underground water, the soil, air, including greenhouse effect) and health of the population caused by polygons of waste for all their lifecycle.

1) technology self-monitoring – continuous check of condition and functioning of devices and the equipment of polygon;

2) meteorological data – the values of the meteorological parameters describing state of environment and the phenomena in certain place and in certain time, received as a result of tool measurements and visual observations;

3) inert waste – the waste which is not exposed to any considerable physical, chemical or biological transformations. Inert waste is not dissolved, does not burn and does not enter physical or chemical reactions, does not decay and does not make negative impact on other materials to which they come into contact so that to contaminate the environment or to do harm to health of the person. The general vyshchelachivayemost and content of pollutants in waste, and also ecotoxicity of filtrate shall be insignificant and, in particular, shall not threaten quality of surface and/or underground water;

4) liquid waste – any waste in liquid form, including sewage, but not including silt;

5) fund for closing and implementation of monitoring after closing of polygon – the sum of money representing equivalent of costs for accomplishment of all actions for closing and monitoring after closing established by the project of technical closing, and placed during the activities period on the interest account opened in commercial bank;

6) landfill gas / formed in case of decomposition – the mix of connections in gaseous state which is formed when warehousing waste;

7) filtrate – any liquid which is following from the warehoused waste and coming from polygon or containing in it;

8) miscibility of waste – property of waste to form together homogeneous mix;

9) monitoring of quality of factors of the environment – permanent check of condition of factors of the environment according to appendix No. 3;

10) the operator – physical persons or legal entities which bear responsibility for polygons of waste according to provisions of the Law No. 209/2016 on waste. These persons can differ during preparation from the observation period after closing.

1) scattering on the ground for the purpose of improvement of quality or fertilizer of silt from city treatment facilities, dredging and other similar types of silt;

2) use of inert waste for re-equipment / restoration, fillings or constructions of polygons;

3) adjournment of harmless dredging silt in reservoirs from which it was extracted, or in beds of the rivers;

4) storage of waste no more than 1 year before removal or no more than 3 years before their use.

4. Management of radioactive waste, waste of the extracting productions from the activities performed on the land namely, and also in case of operation of pits, is excluded by the waste which is formed as a result of the search extracting activities including the period of preproduction development, processing and storage of minerals from coverage of this provision if fall under action of other legal acts.

Chapter II Polygons of waste

5. Polygons are classified depending on the nature of the warehoused waste:

1) polygons for dangerous wastes;

2) polygons for harmless waste;

3) polygons for inert waste.

6. According to the purposes of the National program for waste management approved by the Government and developed according to article 37 of the Law No. 209/2016 on waste, local authorities of the public power shall provide:

1) separate collection, conversion, composting, mechanobiological processing, biogas production and energy use that will lead to goal achievement on reducing amount of the warehoused biodegradable municipal waste and, respectively, reduction of quantity of municipal polygons by 15% by 2027;

2) preparation of large-size waste for reuse that will allow to reduce the number of the waste warehoused on polygons for 25% by 2027.

7. The central body of public protection department of the environment proposes adequate measures on encouragement of reuse of products and actions for preparation it to reuse since 2030 on polygons of waste waste which can be processed or used by different way, in particular, so far as concerns municipal waste, except for waste for which warehousing on polygon yields the best ecological result were not accepted.

8. Are not subject to warehousing on polygons:

1) the waste specified in Item (5) article 16 of the Law No. 209/2016 on waste;

2) any other types of waste which do not correspond to the criteria of acceptance given in appendix No. 2.

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