Czy art. 26a ustawy o odpadach pomoże w walce z nielegalnym gromadzeniem odpadów?
Will the article 26a of the Act on Waste help in the fight against illegal collection of waste?
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: illegal waste collection; waste abandonment; waste disposal; administrative bodies
Summary/Abstract: The main purpose of this article is to discuss the application of Article 26a of the Act of 14 December 2012 on Waste, which was added to this Act under the provisions of the Act of 19 July 2019 amending the Act on Maintaining Cleanliness and Order in Municipals and certain other acts. Administrative bodies have been struggling with the growing problem of illegal waste collection for several years. The vast majority of cases concern proceedings to dispose of waste illegally collected in so-called wild landfills and as a result of litter, and only a small percentage of proceedings are conducted by administrative bodies in connection with illegally collected waste as a result of business activity. The problems faced by administrative bodies resulted in the introduction by the legislator of Article 26a to the Act on Waste, under which administrative bodies were authorized to dispose of abandoned waste instead. In the first part of the article the author discusses the content of the changes introduced to the Act on Waste under the amendment from 2019, further discusses the details related to the initiation of administrative proceedings under Article 26a of the Act on Waste. Next, the author focuses on the discussion of legal remedies available to persons interested in initiating proceedings under mentioned above Article. At the very end, the problems that may arise in connection with the application of Article 26a of the Act on Waste by administrative bodies are described.
- Issue Year: 2020
- Issue No: 1-2
- Page Range: 17-28
- Page Count: 12
- Language: Polish