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Licensing of business activities Issuance of a permit for waste processing operations

Kirilkin Radion

Head of practice

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kirilkin@prikhodko.com.ua

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Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.

Issuance of a permit for waste processing operations

The Law of Ukraine “On Waste Management” is aimed at implementing European standards in the field of waste management and provides for the issuance of a special permit for the conduct of legal activities. The issuance of a permit for waste processing operations is a mandatory condition for the compliance of a business entity with the requirements for equipment, waste storage and processing processes. Its presence not only allows you to avoid sanctions for violating legislation in the field of waste management, but also indicates a responsible attitude to environmental safety. The procedure itself is directly regulated in the Procedure approved by Resolution of the Cabinet of Ministers of Ukraine No. 1328.

Who must issue a permit for waste processing operations?

A permit must be issued to any entrepreneur (legal entity or individual entrepreneur) carrying out operations of categories D (disposal), R (recovery). Therefore, these must be enterprises carrying out:

disposal (placement in pits, trenches, at landfills);
soil treatment (biodegradation);
biological treatment for further removal;
permanent storage and repackaging;
use as fuel for production;
recycling of organic substances and inorganic materials;
purification of petroleum products for reuse, etc.

Procedure for obtaining a permit for waste treatment operations

Required documents

A business entity submits to the Ministry of Environment (Ministry of Environmental Protection and Natural Resources) a statement of the established form, indicating information about:

the facility on which the operations will be carried out and the period of its operation;
operation codes;
information about the capacity of the waste treatment facility, the volume of work performed;
the source of origin of the waste;
the code and name of the waste that will be generated as a result of the activity.

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The application must also be accompanied by other accompanying documents specified in the Procedure approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1328. In particular, this includes information on the availability of other material and technical resources (Appendix 5), a list and description of technological processes (Appendix 7).

Important: Before applying to the Ministry of Environment to obtain a permit for waste processing operations, it is necessary to first obtain an environmental impact assessment conclusion in accordance with the terms of the Law of Ukraine No. 2059-VIII. For more detailed information, we also recommend contacting one of our qualified lawyers for advice.

It will also be useful: Environmental tax for waste disposal

Stages of obtaining a permit

Determination of types of operations. This is done by selecting the appropriate codes in accordance with the National List approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1102;
Submission of an application and accompanying documents through the “EcoSystem” portal (in the absence of technical possibility – by mail to the legal address of the Ministry of Environment);
Consideration of the application and decision-making. The Ministry of Environment analyzes the applicant’s documents within 30 days from the date of their receipt. Based on the results, a decision is made to issue or refuse to issue the relevant permit. The permit is obtained electronically through the EcoSystem portal;
Reconsideration of the application (if necessary). In the event of a refusal due to non-compliance of the documents with the law, the business entity has the right to submit the application again, eliminating the shortcomings. Therefore, the state body is obliged to reconsider the application within a period not exceeding 15 days from the date of its receipt.

When can a permit for waste processing operations be refused?

Cancellation of a permit or refusal to issue it is allowed on the grounds specified in the law:

detection of inaccurate information in the submitted documents;
negative conclusion on the environmental impact assessment;
termination of the business entity by liquidation and exclusion of information about it from the relevant state register;
failure to comply with indicators and conditions of activity;
systematic (for two or more quarters) failure to submit reports.

Price of legal assistance

Legal support for obtaining a permit for waste treatment operations

Lawyers “Prikhodko & Partners” provide a range of legal services aimed at ensuring the legality and efficiency of the process of obtaining permits in the field of waste management. The procedure itself is quite complicated, and therefore qualified legal assistance will minimize risks, save time and get a positive result.

Given our many years of experience and qualifications, our lawyers will help you by:

providing high-quality consultations and initial analysis. As part of the service, the lawyer will determine the specifics of the regulation of your activities, a full list of documents that need to be prepared, etc.;
professional and prompt preparation of a full package of documents. The lawyer will not only check the prepared documents before submission, but will also draw up a “turnkey” correct application and information on the applicant;
support in obtaining an environmental impact assessment conclusion (optional). This service may be included in the legal support for obtaining a permit for waste processing by agreement with a lawyer at an introductory consultation;
interaction with authorized bodies and submission of documents (by notarized power of attorney).
legal support for making changes to documents for obtaining a permit (if necessary).

Legal assistance in obtaining a permit for waste processing operations is the key to success and saves your precious time! To find out the cost of legal support, fill out the form below.

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