In addition to the final product, the production process also produces waste that must be landfilled or recycled. Often arises also a ready-to-use secondary product, called a by-product of the manufacturing process.
The definition of waste is quite clear and does not raise any doubts. However, the problem begins when the product or substance appearing in the technological process has not been classified as waste.
An object or substance resulting from a production process whose primary purpose is not to produce it can be considered a non-waste by-product. Currently, it is possible to legally grant the status of a by-product through a decision issued for a period of 10 years. The residue from the technological process can be considered a by-product if it meets a number of conditions - among others, it cannot threaten human health and life and have a negative impact on the environment, but we also need to be sure about the possibility of its further use and demand for it.
The willingness to recognize a product or substance as a by-product is reported to the voivodeship marshal. After the declarant presents convincing evidence and receives a positive opinion from the Voivodeship Inspectorate for Environmental Protection, consent may be issued to consider the object or substance as a by-product. Such a decision is always issued for the period of time specified therein, and if, after its expiry, no further notification is made, it is restored to waste status and all related obligations are imposed.
Our team of experts will analyze the options for obtaining approval to consider an object or substance as a by-product.
Preparation of a notification for a by-product
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