In the Official Gazette with number 794 dated August 18, 2021, the Government Ordinance (OG) no. 2 of August 11, 2021 regarding the waste storage was published.
The purpose of this ordinance is to establish the legal framework for carrying out the activity of waste storage, by progressively reducing the disposal of waste that can be recycled or recovered and introducing measures to prevent and reduce negative effects on the environment and public health.
The provisions of Law no. 278/2013 on industrial emissions, with subsequent amendments and completions, are considered complied with for landfills, if the requirements of this ordinance are met.
This ordinance does not apply to the following activities:
- spreading on the ground, in order to improve the quality or fertilization, of the sludges from the urban treatment plants, of the dredging sludges or of other similar types of sludges;
- the use of inert waste for redevelopment / restoration works, filling or for constructions in landfills;
- deposition of dredging sludge, non-hazardous, along the banks of the rivers from which they were extracted
The provisions of this ordinance do not apply to waste from extractive industries from land-based activities, namely to waste resulting from prospecting, extraction, including in the period of development prior to production, treatment and storage of mineral resources, and the exploitation of quarries, provided of article 2 paragraph (1) of the Government Decision no. 856/2008 on waste management in the extractive industries.
The county agency for environmental protection decides by the environmental authorization the exemption from the application of the provisions of article 8 paragraph (4), article 17 paragraph (5), article 24 and 25, points 1.3, 2.1 and 2.2 of annex no. 1, annex no. 2 and points 2.2, 2.3 and 2.4 of annex no. 3 for landfills for non-hazardous or inert waste located in isolated settlements and only if the landfill is intended for the disposal of waste generated in an isolated locality, as defined in Article 3 paragraph (2) letter. m).
The exceptions provided in paragraph (3) do not apply in the case of annex no. 2, point 3.1, level 3.
Underground storage, as defined in Article 3 (2) (a), is excluded. d), from the application of the provisions of points 1.1.2, 2.1 and 2.2 of annex no. 1 and of points 2.1, 2.2 and 2.4 of annex no. 3, in compliance with Article 13 of Directive 2008/98 / EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.
(6) The provisions of this ordinance shall apply to any deposit defined in accordance with Article 3 paragraph (2) letter b).
The meanings of the terms “waste”, “hazardous waste”, “non-hazardous waste”, “municipal waste”, “waste producer”, “waste holder”, “separate collection”, “recovery”, “preparation for reuse”, “recycling” “,” disposal “are those specified in Article 3 of Directive 2008/98 / EC.
Landfills are classified according to the nature of the waste stored as follows:
- landfills for hazardous waste;
- landfills for non-hazardous waste;
- landfills for inert waste.
The national waste management plan, hereinafter referred to as PNGD, approved by Government Decision no. 942/2017, establishes measures for separate collection, recycling, composting, mechano-biological treatment, biogas production and / or recycling of materials and energy recovery that to lead to the achievement of the objective of reducing the amount of municipal biodegradable waste stored to 35% of the total quantity, expressed gravimetrically, produced in 1995.
The Central Public Administration Authority for Environmental Protection shall inform the European Commission of the national measures referred to in paragraph 1.
Waste that is not accepted for storage in a landfill is:
- liquid waste;
- explosive, corrosive, oxidising, highly flammable or flammable waste, as defined in the national provision transposing Annex III to Directive 2008/98 / EC on waste and repealing certain Directives;
- hazardous medical waste or other hazardous clinical waste from medical or veterinary units owned by HP 9, defined according to the national provision transposing Annex III to Directive 2008/98 / EC on waste and repealing certain Directives and other chemicals results of research, development or education that are not identified and / or are new and whose adverse effects on the environment or human health are not known, such as laboratory residues;
- all types of used tires, whole or cut, excluding tires used for construction in a warehouse;
- any other type of waste that does not satisfy the acceptance criteria provided in point 2 of annex no. 2;
- waste that has been collected separately for preparation for reuse and recycling, pursuant to Article 11 (1) and Article 22 of Directive 2008/98 / EC on waste and repealing certain Directives, with the exception of waste from subsequent operations treatment of separately collected waste for which disposal by landfill produces the best environmental result in accordance with Article 4 of Directive 2008/98 / EC.
The central public administration authority for environmental protection proposes appropriate measures to promote the reuse of products and their preparation activities for reuse, so that starting with 2030 no waste will be accepted in landfills that can be recycled or otherwise recovered, in particular in the case of municipal waste, with the exception of waste for which disposal by landfill produces the best environmental result, in accordance with Article 4 of Directive 2008/98 / EC on waste and repealing certain Directives.