Spełnienie przesłanek uznania przedmiotu lub substancji za „produkt uboczny” w rozumieniu art. 10 ustawy z 14.12.2012 r. o odpadach w orzecznictwie sądów administracyjnych

Abstract

Regulations relating to the classification of waste as the so-called ‘by-products’, and consequently allowing for a different handling of waste than in the case of ‘usual’ waste and therefore less restrictive, are included in Articles 10 and 11 of the Act on Waste. The application of these provisions in practice creates significant difficulties related to the use of eligibility conditions set forth in Article 10 Act on Waste, which include a series of general clauses. Their interpretation has become the subject of divergent decisions in the practice of the competent authorities in these cases and, as a consequence, a number of divergent decisions in the case law of administrative courts, which in recent years have particularly often faced the need to assess the activities of environmental protection authorities, including the correct application of the premises for recognizing an object or substance as a ‘by-product’. The purpose of this article is to analyse the decisions of administrative courts under Article 10 of the Act on Waste with regard to applying the conditions for recognizing objects or substances as a ‘by-product’ in the practice of decisions of environmental protection authorities.