Legislation

Permits for waste management

The Law on Waste Management (“Official Gazette of Montenegro”, No. 064/11 dated 29.12.2011, 039/16 dated 29.06.2016) regulates the types and classification of waste, planning, conditions and methods of waste management and other issues of importance for waste management. Waste management is the prevention of generation, reduction of waste quantities or waste reuse and collection, transport, processing and disposal of waste, supervision of these procedures and subsequent maintenance of landfills, including the activities of waste dealers and brokers.

Waste management is carried out in a way that does not create a negative impact on the environment and human health, especially: on water, air, land, plants and animals; in terms of noise and smell; to areas of special interest (protected natural and cultural assets).

Waste management is based on the following principles:

1) sustainable development, which ensures more efficient use of resources, reduction of the amount of waste and handling of waste in a way that contributes to the achievement of the goals of sustainable development;

2) proximity and regional waste management, in order to process waste as close as possible to the place of generation in accordance with the economic justification of the choice of location, while regional waste management is ensured by the development and application of regional strategic plans based on national policy;

3) precautionary measures, i.e. preventive action, by taking measures to prevent negative impacts on the environment and human health, even in the absence of scientific and expert data;

4) “polluter pays”, according to which the waste producer bears the costs of waste management and preventive actions and the costs of remedial measures due to negative impacts on the environment and human health;

5) hierarchy, which ensures respect for the order of priorities in waste management, namely: prevention, preparation for reuse, recycling and other processing methods (use of energy) and waste disposal.

On the basis of the Waste Management Act, the Nature and Environmental Protection Agency issues permits for:

Processing and/or disposal of waste;

– Import, export and transit of waste;

– Registration in the register for waste collection and transport;

– Registration of traders and intermediaries;

– Giving consent to the waste management plan of the waste producer;

– Registration of activities for importing special types of waste and placing them on the market;

– Registration in the register of producers and importers of products of special types of waste;

– Fulfillment of the requirements for registration in the register of organized waste collection, collection and processing systems;

– Issuing consent to the rehabilitation plan of temporary waste disposal sites.

Permit for processing and/or waste disposal

Documentation to be submitted to the Agency:

An application for the issuance of a permit containing:

1) information about the applicant (name and address, or name and headquarters);

1a) data on the identification of the plant, that is, the facility for processing and/or waste removal (cadastral and urban plot number);

2) data on the processing and/or disposal procedure and the location where the waste will be processed;

3) type of waste, in accordance with the waste catalog and waste characteristics;

4) planned annual quantities (masses) of certain types of waste;

5) method of waste transportation;

6) planned period for processing and/or waste disposal.

The following documentation shall be submitted with the application for the issuance of a permit:

1) proof of the applicant’s registration in the Central Registry of Business Entities (hereinafter: CRPS);

1a) use permit for plants, that is, facilities for processing and/or disposal of waste issued in accordance with the law governing the construction of facilities;

2) a detailed description of the work process, which in particular contains:

– location description and identification of risk sources (waste management method, types of waste);

– equipment of the location of the plant, that is, the landfill in terms of pollution prevention and control;

– technological procedure and equipment of the plant, that is, the landfill.

3) about the location (real estate certificate or lease agreement and copies of previously obtained permits);

4) monitoring program and method of reporting on: waste composition, gas emissions, waste water quality, groundwater quality, surface water quality, suspended particles, noise, unpleasant odors, the number and reduction of pests and birds, and waste distribution;

5) a plan for protection and rescue in the event of an accident and a certified report on fire protection in accordance with the law;

6) proposal of a plan for the closure and maintenance of the landfill or facility after closure;

7) insurance policy in case of accident or damage caused to third parties or their belongings, in accordance with the law;

8) other documents at the request of the Agency.

The Agency obtains the immovable property certificate and evidence from paragraph 3 points 1a and 3 of this article ex officio.

The insurance policy from paragraph 3 item 7 of this article is submitted annually to the Agency.