Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 December 2010 [shall
come into force from 1 January 2011];
29 March 2012 [shall come into force from 1 May
2012];
6 December 2012 [Judgement of the Constitutional Court
shall come into force from 11 December 2012];
19 September 2013 [shall come into force from 1 January
2014];
6 November 2013 [shall come into force from 1 January
2014];
27 March 2014 [shall come into force from 3 April
2014];
30 April 2015 [shall come into force from 1 June
2015];
17 November 2016 [shall come into force from 1 January
2017];
8 December 2016 [shall come into force from 1 January
2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
Waste
Management Law
Chapter I
General Provisions
Section 1.
The following terms are used in this Law:
1) waste - any object or substance which the holder
discards or intends or is required to discard;
2) hazardous waste - waste which displays one or more
of the properties which make it hazardous;
3) municipal waste - waste generated in a household,
trade, in the process of provision of services or waste generated
in other places which, because of its properties, is similar to
domestic refuse;
4) production waste - waste generated as a result of
production process or construction;
41) biological waste - biodegradable garden
and park waste, food and kitchen waste from households,
restaurants, caterers, and retail premises, and comparable waste
from food processing plants;
5) waste holder - any natural or legal person who
complies with at least one of the following conditions:
a) is a waste producer,
b) is a natural or legal person in the actual possession of
which is the waste;
6) waste producer - any natural or legal person whose
activities generate waste (original waste producer) or anyone who
carries out pre-processing, mixing or other operations resulting
in a change in the composition or nature of the waste;
7) waste management - the collection, storage,
transport, recovery and disposal of waste (including incineration
in municipal waste incineration facilities), the supervision of
such activities, the after-care of disposal sites after their
closure, as well as trade with waste and mediation in waste
management;
8) waste collection - the gathering of waste, including
the preliminary sorting and preliminary storage of waste for the
purposes of transport to a waste recovery or disposal facility
where preparation of waste for recovery or disposal is
performed;
9) separate waste collection - the collection where a
waste stream is kept separately by type and nature so as to
facilitate preparation of waste for recovery or disposal, as well
as the recovery or disposal;
10) landfill site - a specially constructed and
equipped site for the disposal of waste on the ground or in the
ground, in which all the measures for environmental protection
laid down in laws and regulations are ensured;
11) waste dump - a site for the disposal of waste,
which does not conform to the requirements regarding landfill
sites;
12) storage of waste - the storage of waste in
specially applicable and equipped sites for further recovery or
disposal thereof [except short-term storage (of less than three
months) at the sites of the creation, sorting and collection
thereof in quantities, which do not cause harm to the environment
or threats to human health];
121) waste sorting - manual separation of
individual types of waste from the joint waste stream at the
place where waste is generated, manual or automated separation
from the joint waste stream at the locations where waste is
collected and sorted, as well as in waste recovery and waste
disposal facilities;
13) recovery of waste - any operation the principal
result of which is waste serving a useful purpose in the
production processes or in the national economy by replacing
other materials which would otherwise have been used to fulfil a
particular function, or waste being prepared to fulfil that
function;
14) recycling of waste - any recovery operation by
which waste materials are reprocessed into products, materials or
substances whether for the original or other purposes, including
the reprocessing of organic materials but excluding recovery of
energy present in waste and the reprocessing into materials that
are to be used as fuels or for backfilling operations;
15) preparing of waste for re-use - checking, cleaning
or repairing operations, by which products or components of
products that have become waste are prepared so that they can be
re-used without any other pre-processing;
16) re-use - any operation by which products or
components that are not waste are used again for the same purpose
for which they were conceived;
17) disposal of waste - any other operation performed
with waste which is not considered as waste recovery even where
the operation has as a secondary consequence the reclamation of
substances or energy;
18) preparation of waste for disposal - separation of
waste to be recovered or composted, as well as hazardous waste
generated in a household prior to disposal thereof in a landfill
site;
19) waste dealer - any person acting on the behalf
thereof to purchase and subsequently sell waste, including such a
person which does not take physical possession of the waste;
20) waste management broker - any person arranging the
recovery or disposal of waste on behalf of other persons, also
such a person which do not take physical possession of the
waste;
21) waste manager - a merchant, also waste dealer and
waste management broker who has received the relevant permit for
waste management in accordance with the procedures laid down in
this Law or the laws and regulations regarding pollution;
22) electrical and electronic equipment - equipment
which is dependent on electric currents or electromagnetic fields
and equipment for the generation, transfer and measurement of
electric currents and electromagnetic fields designed for use
with a voltage rating not exceeding 1000 volts for alternating
current and 1500 volts for direct current and falling under the
categories stipulated by the Cabinet;
23) waste electrical and electronic equipment -
electrical or electronic equipment which is considered as waste,
including all components, subassemblies and consumables which are
part of the product at the time of discarding;
24) waste electrical and electronic equipment from private
households - waste electrical and electronic equipment which
comes from private households or trade, the process of provision
of services, industrial, institutional and from other sources
which, because of its nature and quantity, is similar to waste
electrical and electronic equipment generated from a private
household. Waste from waste electrical and electronic equipment
likely to be used by both private households and users other than
private households shall in any event be considered to be waste
electrical and electronic equipment from private households;
25) prevention of waste electrical and electronic
equipment - aggregate of measures aimed at reducing the
quantity, as well as the harmfulness to the environment of
electrical and electronic equipment and materials and substances
contained therein;
26) producer of electrical and electronic equipment -
any person who, irrespective of the selling technique used, also
irrespective of a distance contract:
a) within the framework of its economic activity manufactures
electrical and electronic equipment under his own name (firm
name) or trademark, or has electric and electronic equipment
designed or manufactured and markets it under his name (firm
name) or trademark within the territory of Latvia;
b) within the framework of its economic activity resells
within the territory of Latvia, under his own name (firm name) or
trademark, equipment produced by other suppliers, except the
cases if the name (firm name) or trademark of the producer
appears on the equipment;
c) within the framework of its economic activity places on the
market of Latvia electrical and electronic equipment from a third
country or from other Member State of the European Union
supplying them for a charge or free of charge for distribution,
consumption or use;
d) carries out its economic activity in other Member State of
the European Union or third country and, using a distance
contract, sells electrical and electronic equipment in Latvia by
means of a distance contract directly to private households or to
users other than private households;
27) a distributor of electrical and electronic
equipment - any person who within the framework of its
economic activity makes an electrical and electronic equipment
available on the market. A distributor of electrical and
electronic equipment may be at the same time a producer of
electronic and electrical equipment within the meaning of this
Law.
[27 March 2014; 30 April 2015]
Section 2.
The purpose of this Law is to prescribe the procedures for
waste management in order to protect the environment, human life
and health by preventing the generation of waste, ensuring
separate collection and regeneration of waste generated in the
territory of Latvia, as well as by facilitating efficient use of
natural resources and by reducing the amount of waste to be
disposed of.
Section 3.
(1) This Law shall not apply to:
1) gaseous effluents emitted into the atmosphere;
2) carbon dioxide caught and transported for geological
storage and stored geologically in accordance with the laws and
regulations regarding storage of carbon dioxide;
3) radioactive waste;
4) useless explosives;
5) unexcavated land, also contaminated soil and buildings;
6) uncontaminated soil and other mineral resources excavated
in the course of construction activities and which will be used
for the purposes of construction in their natural state on the
site from which they were excavated;
7) faecal matter, if not covered by Paragraph two, Clause 2 of
this Section, straw and other natural non-hazardous agricultural
or forestry material used in farming, forestry or for the
production of energy from biomass not endangering the environment
or human health;
8) ground relocated inside surface waters for the purpose of
managing waters and waterways or of preventing floods or
mitigating the effects of floods and droughts or land reclamation
if the ground is not considered as hazardous in accordance with
the laws and regulations regarding the procedures for cleaning
and deepening surface water bodies and port basins;
9) batteries and accumulators used in equipment intended for
national security and which are used in weapons, ammunition and
military equipment, as well as in equipment designed to be sent
into space, except products that are not intended for specific
military purposes.
(2) The provisions of this Law shall not be applied if other
laws and regulations prescribe other procedures for waste
management and they apply to:
1) waste waters;
2) animal by-products and derived products not intended for
human consumption and to which the laws and regulations regarding
animal by-products and derived products not intended for human
consumption apply, except those by-products which are destined
for incineration, landfilling or use in a biogas or composting
plant;
3) carcasses of animals that have died other than by being
slaughtered;
4) carcasses of animals killed to eradicate epizootic
diseases, which are disposed of in accordance with the laws and
regulations regarding animal by-products and derived products not
intended for human consumption;
5) waste resulting from geological prospecting, extraction,
treatment and storage of mineral resources and the working of
quarries and to which the laws and regulations regarding
management of waste from extractive industries apply.
[29 March 2012; 27 March 2014]
Section 4.
(1) Waste management shall be performed in such a way as not
to threaten human life and health.
(2) Waste management shall not negatively affect the
environment, including:
1) cause threats to the water, air, soil, as well as plants
and animals;
2) cause a nuisance through noise or odours;
3) negatively affect the countryside and specially protected
nature territories;
4) pollute or litter the environment.
Section 5.
(1) In the organisation, planning and performing of waste
management the following requirements shall be observed (in the
following priority order) by the State administration
institutions, local governments and waste managers:
1) causes of waste generation must be prevented;
2) the amount (volume) and hazardousness of waste must be
reduced;
3) waste for re-use must be prepared;
4) appropriately prepared waste must be re-used;
5) recycling of waste must be performed;
6) recovery of waste must be performed in other ways, for
example, by acquiring energy;
7) waste must be disposed of in a way that the environment,
human life and health are not threatened;
8) waste dumps must be closed in accordance with waste
management plans, as well as re-cultivation of closed waste dumps
and landfill sites must be ensured.
(2) The Cabinet, if necessary, shall determine the types of
the waste in the management of which the priority order of
requirements referred to in Paragraph one of this Section need be
not observed on the basis of life-cycle of the products, general
environmental protection principles and observing the overall
impact on the environment, human health, economics and social
conditions of the generation and management of the relevant
waste.
[27 March 2014; 30 April 2015]
Chapter
II
Competence of State and Local Government Authorities
Section 6.
The Cabinet shall determine:
1) waste classification and characteristics which make waste
hazardous, criteria for by-products and termination of
application of waste status;
11) the procedures for application of criteria for
by-products and for termination of application of waste
status;
2) the procedures by which ferrous and non-ferrous metal
cuttings and scrap shall be purchased and sold, as well as by
which licences for the purchase of metal cuttings and scrap shall
be issued in Latvia;
3) the rate of the State fee (in euros) to be paid for a
licence for the purchase of ferrous and non-ferrous metal
cuttings and scrap in Latvia and for a licence for the purchase
of ferrous metal cuttings and scrap in Latvia, as well as the
procedures by which such fee shall be paid;
4) the procedures for the collection and management of the
packaging to which the deposit system is not applied and which is
collected at the sales point or specially established packaging
collection point, and the requirements to be set for the
merchants which perform the collection of such packaging;
5) the types of waste collection points and waste sorting
stations, the requirements to be set for the construction and
management of waste collection points, waste sorting stations, as
well as biodegradable waste composting sites;
6) the requirements for the management of waste generated in
medical treatment institutions.
[29 March 2012; 19 September 2013;
27 March 2014]
Section 7.
(1) The Ministry of Environmental Protection and Regional
Development shall:
1) organise the development of a State waste management plan,
as well as co-ordinate its implementation;
2) prepare draft laws and regulations in the field of waste
management;
3) co-ordinate and organise the management of hazardous waste
in accordance with this Law and other laws and regulations;
4) co-ordinate the construction of municipal landfill
sites.
(2) The State limited liability company "Latvian
Environmental, Geology and Meteorology Centre" shall:
1) organise the management of ownerless hazardous waste in
accordance with this Law and other laws and regulations;
2) compile information regarding waste management;
3) organise the construction and management of hazardous waste
recovery or disposal facilities and landfill sites of national
significance;
4) ensure the provision of information related to the waste
management to the public as well as to European Union
institutions and international institutions.
[16 December 2010; 30 April
2015]
Section 8.
(1) A local government shall:
1) in its administrative territory, in conformity with the
binding regulations of the local government regarding management
of municipal waste, taking into account the State waste
management plan and regional plans, organise the management of
the following waste:
a) all municipal waste, including municipally produced
hazardous waste,
b) production waste produced during the construction process
that is not subject to the laws and regulations regarding the
procedures for registering the construction waste and
transportation thereof (hereinafter - construction waste produced
in households);
2) take decisions to place new municipal waste collection,
separate collection, sorting, preparation for recycling and
recovery or disposal facilities and infrastructure objects, as
well as landfill sites within the administrative territory
thereof according to the State waste management plan and regional
plans;
3) issue binding regulations regarding the management of
municipal waste within the administrative territory thereof,
determining the division of such territory into municipal waste
management zones, the requirements for waste collection, also for
the minimum frequency of municipal waste collection, transport,
reloading, sorting and storage, the procedures by which payments
for such waste management shall be made, as well as determine the
institutions and officials authorised by the local government
which control the conformity with the binding regulations and are
entitled to draw up an administrative violation protocol;
4) take decisions to place of new hazardous waste recovery or
disposal facilities and landfill sites within the administrative
territory thereof according to the State waste management plan
and regional plans;
5) may invest funding in the establishment and maintenance of
waste management system according to the State waste management
plan and regional plans;
6) organise a separate waste collection within the
administrative territory thereof according to the State waste
management plan and regional plans;
7) supervise and control the payments for closing,
re-cultivation, monitoring of a municipal waste landfill site and
for maintaining a closed landfill site and costs after closing
the landfill site;
8) take a decision on the conformity of the results of a
research and development activity performed by a manager of a
municipal waste landfill site which is located in the relevant
waste management region with the objective of the project - to
reduce the volume of waste to be disposed of in the landfill site
- and on the necessity to implement the results.
(11) Conformity of the results of the research and
development activity performed by the manager of the municipal
waste landfill site with the objective of the project shall be
approved when the decision on conformity is taken by at least
three quarters of the local governments located in the relevant
waste management region.
(2) A local government shall send the binding regulations
referred to in Paragraph one of this Section to the Ministry of
Environmental Protection and Regional Development in writing
within three working days after signing thereof for the provision
of opinion. The Ministry of Environmental Protection and Regional
Development shall, not later than within two weeks after receipt
of the binding regulations, assess the conformity of these
regulations with the laws and regulations regarding waste
management, the State waste management plan and regional plans.
If the binding regulations of the local government conform to
laws and regulations and planning documents, the Ministry of
Environmental Protection and Regional Development shall inform
the relevant local government thereof.
(3) If the Ministry of Environmental Protection and Regional
Development has objections in respect of the binding regulations
referred to in Paragraph one of this Section, it shall send a
relevant opinion to the local government. The local government
shall send adjusted draft binding regulations to the Ministry of
Environmental Protection and Regional Development, attaching
information regarding the objections expressed in the opinion of
the Ministry of Environmental Protection and Regional Development
with which the local government does not agree.
(4) In order to develop a regional waste management plan and
co-ordinate its implementation, to compile information regarding
the stream of municipal waste in the relevant waste management
region, as well as to ensure more efficient implementation of
such tasks, which are specified in this Law for the local
government in the field of municipal waste management, local
governments may establish joint institutions, as well as delegate
administration tasks to a private individual and another public
person, in conformity with the provisions of the Law On Local
Governments and the State Administration Structure Law.
[16 December 2010; 30 April 2015;
17 November 2016]
Chapter
III
Waste Management Plans and Waste Prevention Programme
Section 9.
(1) Waste management shall be performed according to the State
waste management plan. Waste management regional plans and local
government plans shall be conformed to in waste management, if
such have been approved.
(2) The Cabinet shall approve the State waste management plan,
in which the State waste prevention programme is included, with
an order.
(3) The Ministry of Environmental Protection and Regional
Development together with the Ministry of Economics shall develop
the State waste management plan, including the State waste
prevention programme.
(4) The Cabinet shall determine the content of the State waste
management plan and regional plans and the procedures for
co-ordination, public discussion, implementation, assessment and
review thereof.
[16 December 2010; 30 April
2015]
Section 10.
(1) The Cabinet shall determine the waste management
regions.
(2) The local governments that are part of the waste
management region may develop a regional waste management plan.
The regional waste management plan shall enter into effect after
it has been approved by all local governments that are part of
the waste management region. Decisions to approve the regional
waste management plan shall be submitted to the relevant regional
environmental board of the State Environmental Service.
(3) A local government, if necessary, shall, in conformity
with the relevant regional waste management plan, organise the
development of a municipal waste management plan for its own
administrative territory and approve it. The local government
shall submit a decision to approve the local government waste
management plan to the relevant regional environmental board of
the State Environmental Service.
[16 December 2010; 30 April
2015]
Section 11.
(1) Waste prevention is a complex of such measures which are
applied while substance, material or product is not considered as
waste and as a result of application of which the following
reduce:
1) the quantity of generated waste, including through the
re-use of products or the extension of the life span of
products;
2) the adverse impacts of the generated waste on the
environment, human life and health, as well as persons'
property;
3) the content of harmful substances in materials and
products.
(2) The State waste prevention programme shall determine the
objectives of waste prevention and measures for achievement of
such objectives. The Cabinet shall determine the content of the
State waste prevention programme, the procedures for public
discussion, implementation and review thereof, as well as
qualitative and quantitative indicators of waste prevention.
Chapter
IV
Waste Management Permits and Inspections
Section 12.
(1) Prior to the performance of the relevant activities the
waste manager shall obtain a permit from the State Environmental
Service for the collection, transport, reloading, sorting, and
storage of waste, digging up of re-cultivated waste dump and
resorting of waste.
(11) Prior to digging up of the re-cultivated waste
dump the waste manager shall co-ordinate such activities with the
land owner, on whose land the relevant re-cultivated waste dump
is located, and with the local government, in the administrative
territory of which the abovementioned waste dump is located.
(2) The Cabinet shall determine:
1) the procedures for the issue and cancellation of permits
for the collection, transport, reloading, sorting or storage of
waste;
2) the requirements to be set in the waste management
permits;
3) the forms for the permits for the collection, transport,
reloading, sorting or storage of waste;
4) [30 April 2015];
5) [30 April 2015];
6) the procedures for the issue and cancellation of a permit
for the digging up of the re-cultivated waste dump and resorting
of waste, the requirements to provided for in the permit, the
requirements for repeated re-cultivation of the waste dump after
its digging up and resorting of waste (including the requirements
for the monitoring of the repeatedly re-cultivated waste dump
after re-cultivation).
(3) The waste manager referred to in Paragraph one of this
Section shall pay the State duty for issue of the permit for
collection, transport, reloading, sorting, or storage of waste
and for digging up of the re-cultivated waste dump and resorting
of waste. The amount for the State duty and procedures for
payment shall be determined by the Cabinet.
(4) Legal persons which store hazardous waste or production
waste for more than three months shall receive a permit specified
in Paragraph one of this Section for storage of waste for a
period of time which does not exceed one year prior to disposal
of waste in a landfill site or for a period of time which does
not exceed three years before recovery of waste.
(5) A manager of hazardous waste or production waste
shall:
1) receive the permit referred to in Paragraph one of this
Section for the collection, transport, reloading, sorting or
storage of hazardous waste or production waste;
2) receive a permit for the recovery or disposal of hazardous
waste or production waste in accordance with the laws and
regulations regarding pollution.
(6) The permits referred to in Paragraph one of this Section
shall not be required for collection points of portable batteries
and accumulators which are placed at the sales points.
[27 March 2014; 30 April 2015] The
new wording of Paragraph three shall come into force on 29
December 2015. See Paragraph 26 of Transitional Provisions]
Section 12.1
Prior to the commencement of the relevant activities a waste
dealer or a waste management broker shall register with the State
Environmental Service. The Cabinet shall determine the procedures
for registration of waste dealers and waste management brokers by
the State Environmental Service.
[29 March 2012; 27 March 2014; 30
April 2015]
Section 13.
(1) A decision taken by the State Environmental Service in
relation to a waste management permit may be disputed in the
Environment State Bureau in accordance with the procedures laid
down in the Administrative Procedure Law. A decision of the
Environment State Bureau may be appealed in the Administrative
District Court in accordance with the procedures laid down in the
Administrative Procedure Law. An application to a court shall not
suspend the operation of the administrative act.
(2) If in accordance with the conditions of a waste management
permit it is possible to commence or continue such polluting
activities which may cause significant negative impact on the
environment or endanger human life or health, the conditions of
the permit may be disputed at any time while it is in effect.
(3) If a decision is disputed in the Environment State Bureau
in accordance with Paragraphs one and two of this Section, the
operation of the relevant permit shall not be suspended. If the
continuation of the operation of the permit may cause significant
negative impact on the environment, the Environment State Bureau
shall take a decision to suspend the operation of the relevant
permit.
(4) If a decision is disputed on the operation of such
existing facilities, for which it is necessary to extend the time
period of the waste management permit or another type of permit
is necessary, the operation of the facilities shall not be
suspended, except the case where the operation of the facilities
is suspended in accordance with the procedures laid down in the
laws and regulations regarding pollution.
Section 14.
(1) The State Environmental Service shall, on regular
intervals accordingly, control the operation of a waste manager,
as well as the operation of such merchant which generates waste,
in accordance with the laws and regulations in the field of waste
management and the relevant permit, particularly in respect of
origin, properties, quantity of the collected and transported
waste and destination of transport thereof.
(2) The Health Inspectorate within the competence thereof
shall control the waste management referred to in Section 6,
Clause 6 of this Law in medical treatment institutions.
[29 March 2012; 27 March 2014]
Chapter V
Duties of Waste Producers, Holders, and Waste Managers
Section 15.
(1) The collection, reloading, sorting, storage, recovery or
disposal of waste shall be permitted only in places intended
therefor.
(2) An owner or a lessee within whose property municipal waste
has been generated has a duty to ensure a place for a waste
container and an access to the waste collection point for the
vehicle of the waste manager who has entered into a contract with
a local government regarding municipal waste management.
(3) The local government may determine other techniques for
waste collection in binding regulations, if a land owner within
whose property municipal waste are produced cannot observe the
provisions of Paragraph two of this Section due to objective
reasons.
(4) A land owner within whose property municipal, hazardous
and production waste is placed illegally in a place not intended
for that purpose shall transfer such waste to a waste manager who
has received a permit for the relevant waste management, shall
cover the management costs for such waste and is entitled to
request compensation for losses from the producer of such waste.
If the producer of the relevant waste is established, the waste
management costs shall be covered by the producer of the relevant
waste.
Section 16.
(1) The initial producer or holder of municipal waste
shall:
1) participate in the management of municipal waste organised
by a local government, in conformity with the laws and
regulations regarding waste management (also the binding
regulations issued by the local government) and entering into a
contract regarding collection and transport of municipal waste
with the waste manager who has entered into a relevant contract
with the local government;
2) cover all costs related to the management of municipal
waste generated by him, including municipally produced hazardous
waste.
(2) The owner, possessor, user of a summer cottage or a summer
residence (including summer cottages and summer residences
situated within the territory of a horticultural association) or
another building of temporary residence or a person authorised by
him or her shall, in conformity with the laws and regulations
regarding waste management (also the binding regulations issued
by the local government) and in accordance with Paragraph one of
this Section, enter into a contract regarding collection,
transport, reloading, and storage of municipal waste with the
waste manager who has entered into a relevant contract with the
local government, as well as cover all costs related to the
management of municipal waste generated by him, including
municipally generated hazardous waste.
(3) A municipal waste manager who has been selected by the
local government in accordance with the procedures provided for
in this Law shall enter into a contract with waste producers and
holders present within the administrative territory of the local
government regarding municipal waste management, determining a
time period of the contract which is not longer than the time
period of the contract which has been entered into by and between
the municipal waste manager and the local government.
(4) The initial producer of municipal waste, possessor or
person referred to in Paragraph two of this Section shall enter
into a contract with the municipal waste manager regarding the
collection and transport of municipal waste not later than within
two months from the day when the local government has informed
the manager of municipal waste with which it has entered into a
contract regarding the collection, transport, reloading, sorting
and storage of municipal waste in the relevant municipal waste
management zone.
[30 April 2015; 17 November
2016]
Section 17.
(1) The initial producer or holder of hazardous waste or
production waste shall:
1) separate hazardous waste or production waste from other
types of waste;
2) store hazardous waste or production waste so that it does
not threaten the environment, human life and health, as well as
the property of persons;
3) deliver the hazardous waste or production waste to
specially equipped collection sites of hazardous waste or
production waste or enter into a contract with the relevant waste
manager regarding hazardous waste or production waste
management;
4) cover the costs of hazardous waste or production waste
management.
(2) A producer of production waste may enter into a contract
with the waste manager referred to in Section 18, Paragraph one
of this Law regarding management of the generated production
waste.
(3) Recovery or disposal facilities of the relevant waste
shall be specified in the contract referred to in Paragraph one,
Clause 3 and Paragraph two of this Section.
(4) A manager of hazardous waste or production waste shall
organise specially equipped hazardous waste or production waste
collection sites.
(5) The Cabinet shall determine the procedures by which a
producer or manager of hazardous waste (except for municipal
hazardous waste) shall ensure identification, record keeping,
packing, marking of generated or managed hazardous waste and
keeping of transport records.
(6) The Cabinet shall determine the procedures by which
keeping of transport records shall be performed by an institution
authorised by the Ministry of Environmental Protection and
Regional Development or a merchant which has been delegated such
task by the Ministry of Environmental Protection and Regional
Development, by entering into delegation contract in accordance
with the procedures laid down in the State Administration
Structure Law, as well as the fee for keeping of transport
records of hazardous waste and the procedures for payment
thereof.
(7) The merchant referred to in Paragraph six of this Section
shall, in relation to the fulfilment of the task - to perform
keeping of transport records of hazardous waste - be subordinated
to the Ministry of Environmental Protection and Regional
Development.
(8) The Cabinet shall determine the procedures for the
management of certain types of waste, for the management of which
special requirements are to be set because of their hazardousness
or other properties, including waste oil products, waste
containing polychlorinated biphenyls and polychlorinated
terphenyls, waste batteries and accumulators, waste from the
titanium dioxide industry and asbestos waste.
(9) The Cabinet shall determine the procedures for ensuring of
record keeping of construction waste produced or managed and
transport thereof by a construction waste producer or
manager.
(10) The Cabinet shall determine the procedures for record
keeping of construction waste transport to be performed by the
institution authorised by the Ministry of Environment Protection
and Regional Development or by a merchant to whom such tasks is
delegated by the Ministry of Environment Protection and Regional
Development upon entering into a delegation contract in
accordance with the procedures laid down in the State
Administration Structure Law, as well as fee for the record
keeping of construction waste transport and payment procedures
thereof.
(11) A merchant referred to in Paragraph ten of this Section
in respect of performance of tasks - to perform record keeping of
construction waste transport - shall be under subordination of
the Ministry of the Environment Protection and Regional
Development.
[16 December 2010; 6 November
2013]
Section 18.
(1) A local government shall, in accordance with the
procedures laid down in the laws and regulations governing public
procurement or public-private partnership, select a waste manager
which will perform the collection, transport, reloading, sorting
and storage of municipal waste and construction waste produced in
households in the relevant municipal waste management zone,
determining the economically most advantageous offer as the
criterion for selecting an offer.
(11) The local government shall organise a joint
public procurement or public-private partnership procedure when
selecting the waste manager which will perform the collection,
transport, reloading, sorting and storage of the municipal waste
and construction waste produced in households within a waste
management zone, or a separate public procurement or
public-private partnership procedure when selecting the waste
manager, which will perform the collection, transport, reloading,
sorting and storage of the municipal waste and construction waste
produced in households.
(2) The local government shall include in the work task the
requirements in relation to the qualification of employees of the
tenderer, the ability to perform the management of municipal
waste and the technical or financial capacity to perform the
management of municipal waste in a particular zone, as well as
indicate a landfill site where the municipal waste generated in
the administrative territory of this local government shall be
disposed of according to the regional waste management plan. The
Cabinet shall determine the minimum requirements to be included
by the local government in the work task.
(3) Local governments, upon mutual agreement, may determine a
joint municipal waste management zone in which administrative
territories of several local governments of one waste management
region are included.
(4) The local government shall organise a public procurement
or public-private partnership procedure for the management of
municipal waste and construction waste produced in households
within a certain zone in such a term so as to ensure the
continuity of the provision of the management services of
municipal waste and construction waste produced in
households.
(5) Within the scope of the public procurement or
public-private partnership procedure, a tenderer (candidate) of
management of municipal waste or construction waste produced in
households shall submit an extended calculation of the payment
for the management of municipal waste or construction waste
produced in households to the local government.
(6) The local government shall conclude a contract with the
waste manager which has been selected in accordance with the
procedures laid down in the laws and regulations governing public
procurement or public-private partnerships and which will perform
the collection of municipal waste within the relevant municipal
waste management zone after the end of the previous contract,
including separate collection, transport, reloading, sorting and
storage or collection, transport, reloading, sorting and storage
of construction waste produced in households. Each local
government shall enter into a contract with the selected waste
manager separately in the case specified in Paragraph three of
this Section.
(7) The local government and the waste manager shall enter
into the contract referred to in Paragraph six of this Section
for a time period which is not less than three years and not more
than seven years. The contract in accordance with the procedures
laid down in the laws and regulations regarding public-private
partnership may be entered into for a time period which does not
exceed 20 years.
(8) The local government shall inform the waste producers, and
also the persons referred to in Paragraph nine of this Section,
within the administrative territory thereof, regarding the
division of such territory into municipal waste management zones
and regarding the municipal waste manager with which it has
entered into a contract on the collection, transport, reloading,
sorting and storage of municipal waste in the relevant municipal
waste management zone within one month after the day of entering
into such contract. Contracts on the collection, transport,
reloading, sorting and storage of municipal waste which have been
entered into by a waste producer or holder and a municipal waste
manager that has not entered into a contract with the local
government, shall become invalid within three months from the day
when the local government has entered into a contract with a
municipal waste manager on the collection, transport, reloading,
sorting and storage of municipal waste within the administrative
territory thereof.
(9) Persons who are the contracting authorities within the
meaning of the laws and regulations regarding public procurement
or public partnerships within the meaning of the laws and
regulations regarding public-private partnerships, need not
perform a public procurement or public-private partnership
procedure for municipal waste collection and transport, but
rather enter into a contract on the collection, transport,
reloading, sorting and storage of municipal waste with the waste
manager which has been selected by the local government in
accordance with the procedures laid down in this Section.
(10) [30 April 2015]
(11) The Cabinet shall determine the essential provisions of a
contract between the local government and the waste manager, as
well as the essential provision of a contract between the waste
producer and the waste manager.
[30 April 2015; 17 November 2016 /
See Paragraph 25 of Transitional Provisions]
Section 19.
(1) It is prohibited to mix hazardous waste of different
categories, as well as to mix hazardous waste with municipal
waste or production waste.
(2) In order to ensure the management of hazardous waste in
accordance with the requirements of Section 4 of this Law, a
hazardous waste producer, owner or manager in the case when
hazardous waste is mixed without conforming to the requirements
of Paragraph one of this Section, may perform separation of mixed
waste, if it is possible, taking into account technical and
economic possibilities.
[27 March 2014; 30 April 2015]
Section 20.
(1) The initial waste producer or holder may:
1) perform recovery or disposal of the generated waste or
waste in the possession thereof, if he or she has received the
relevant permit for the performance of Category A or B polluting
activities in accordance with the laws and regulations regarding
pollution;
2) ensure that recovery or disposal of the generated waste or
waste in the possession is performed by a waste manager, which
has received the relevant permit for the performance of Category
A or B polluting activities in accordance with the laws and
regulations regarding pollution;
3) ensure that recovery or disposal of the generated waste or
waste in the possession is organised by waste managers which
perform the collection and transport of waste in accordance with
the provisions of Section 16 of this Law regarding municipal
waste or the provisions of Section 17 of this Law regarding
hazardous waste and production waste;
4) collect himself or herself separately the waste generated
by himself or herself or waste in his or her possession and
deliver separately the collected waste for recycling to the
merchant which has received the relevant permit for the
performance of Category A or B polluting activities in accordance
with the laws and regulations regarding pollution.
(2) Taking into account the requirements of Section 4 of this
Law, waste managers, which are performing the collection and
transport of waste, shall ensure the delivery of the collected
and transported waste to the facilities in which waste is
recovered or disposed, as well as the preparation of waste for
recovery or disposal, and the operator of which has received the
relevant permit for the performance of polluting activities in
accordance with the laws and regulations regarding pollution.
(3) Recovery of waste shall be performed, taking into account
the requirements of Sections 4 and 5 of this Law. The waste shall
be collected separately for the purpose of recovery, if it is
technically and economically justifiable and complies with the
environmental protection requirements. Mixing of separately
collected waste with other waste or materials having different
properties is not permissible.
(4) According to the State waste management plan and regional
waste management plans, as well as the environmental protection
requirements, local governments shall, in co-operation with the
waste managers referred to in Section 18, Paragraph one of this
Law, organise separate collection of municipal waste, including,
paper, metal, plastic and glass waste, within administrative
territories of local governments in accordance with the
categories and periods of time stipulated by the Cabinet.
(5) Waste managers, which are performing preparation of waste
for re-use, recycling or recovery by retrieving materials, shall
ensure the preparation of waste referred to in Paragraph four of
this Section for re-use, recycling and material recovery thereof
according to the purposes of preparation of waste for re-use,
recycling and material recovery stipulated by the Cabinet.
(6) The activities referred to in Paragraph five of this
Section may be performed by the owner or manager of landfill
site, if the relevant permits have been received.
(7) Merchants, as a result of economic activity of which
construction and building destruction waste is generated which is
not harmful, shall ensure preparation for re-use, recycling or
material recovery of construction and building destruction waste,
including use for filling of dug reservoirs, determined by the
Cabinet regulations within amount and time period stipulated by
the Cabinet.
(8) The Cabinet shall determine the procedures, time period
and form in which the persons referred to in Paragraphs four,
five, six, and seven of this Section, as well as merchants which
use waste as fuel or raw material in the production within the
framework of economic activity, shall submit a report on the
amount and types of waste prepared for re-use, recycled and
recovered waste in the previous calendar year.
(9) Waste, which is not recovered, shall be disposed in a
landfill site where it is allowed to dispose waste, or dispose it
in another way for which a permit has been issued in accordance
with the laws and regulations regarding pollution, taking into
account the State waste management plan and regional plans.
(10) According to the State waste management plan and regional
plans production waste shall be disposed in a municipal landfill
site, but the production waste which is considered as hazardous -
in a hazardous landfill site.
(11) The Cabinet shall determine the criteria and procedures
for the assessment of the availability of the service of separate
waste collection to inhabitants.
[29 March 2012; 27 March 2014; 17
November 2016]
Section 21.
(1) Municipal waste generated in the administrative
territories of such local governments which are located in the
relevant waste management region shall be disposed only in the
municipal landfill site of the relevant waste management region
or transferred to the relevant reloading stations. The local
government shall enter into a contract with the manger of such
landfill site regarding disposal of municipal waste collected in
the administrative territory thereof
(2) All municipal landfill sites in the administrative
territories of such local governments which are located in the
relevant waste management region shall be closed not later than
within 30 days after commencement of the operation of the
regional municipal waste landfill site. The closed landfill sites
shall be recovered according to the State waste management plan
and regional plans.
Section 22.
(1) The owner or manager of a waste landfill site, waste dump,
other waste disposal or waste recovery facility shall:
1) prior to the commencement of operation of the landfill
site, other waste disposal or waste recovery facility, obtain
permits specified in the laws and regulations regarding polluting
activities regulating the field of environmental protection;
2) manage the landfill site, waste dump, other waste disposal
or waste recovery facility according to the permit for the
performance of Category A or B polluting activities, this Law and
other laws and regulations governing the field of environmental
protection;
3) take measures and cover the expenditure associated with the
closure and re-cultivation of the landfill site or waste dump,
monitoring and maintenance of a closed landfill site (maintenance
of the territory of a closed landfill site according to the fire
safety requirements and maintenance of the insulating cover of
the depository surface of a re-cultivated landfill site in
accordance with the requirements laid down in the laws and
regulations regarding management of landfill sites), as well as
the termination of the operation of the waste recovery or waste
disposal facility.
(2) The Cabinet shall determine:
1) the types of waste recovery and disposal;
2) the requirements for the arrangement of landfill sites,
management of landfill sites and waste dumps and closure and
re-cultivation of such landfill sites and waste dumps, as well as
the procedures by which landfill sites shall be closed and
re-cultivated;
3) the requirements for the incineration of waste, including
hazardous waste, and for the operation of waste incineration
facilities;
4) the procedures for a manager of a landfill site to measure
the contents, mass and volume of the waste disposed of in the
landfill site;
5) the criteria for the establishment that the municipal waste
has been prepared for disposal.
(3) The owner or manager of a municipal landfill site shall
ensure that municipal waste or production waste is prepared for
disposal in the relevant landfill site, or that waste prepared
for disposal is accepted in the landfill site, if preparation of
municipal waste is not performed in the relevant landfill
site.
(4) The owner or manager of a landfill site, when obtaining
the permit prior to the commencement of operation of the landfill
site, shall provide financial or equal security with a view to
ensuring the fulfilment of the requirements laid down in the
relevant permits, also requirements regarding the closure of a
landfill site and environmental monitoring to be performed after
the closure of the landfill site.
[30 April 2015; 17 November
2016]
Section 23.
(1) Waste managers who are performing waste collection or
transport, preparation of waste for recovery or disposal,
recovery or disposal of waste, digging-up of a closed or
re-cultivated waste dump and resorting of waste, waste dealers
and waste management brokers, producers of hazardous waste,
except producers of municipal hazardous waste shall:
1) record the amount (volume), type, origin, frequency of
collection and transport, type and place of recovery or disposal
of the waste managed or generated in chronological order and
store such information for at least for three years;
2) in accordance with the procedures laid down in the laws and
regulations regarding environmental statistics, provide
information to the authority authorised by the Ministry of
Environmental Protection and Regional Development regarding the
amount (volume) of waste obtained as a result of digging-up a
closed or re-cultivated waste dump and regarding its storage,
reloading, and transport, preparation for recovery or disposal,
recovery or disposal and store such information for at least for
three years;
3) upon request of a local government or according to a
contract which has been entered into by and between the local
government and the municipal waste manager, provide information
to the local government regarding waste management, including the
information referred to in Clause 1 of this Paragraph and
information regarding the amount (volume), storage, reloading,
sorting and transport, as well as preparation for recovery or
disposal and recovery or disposal of the municipal waste
collected in its administrative territory;
4) upon request provide information to other State authorities
regarding waste management, including the information referred to
in Clause 1 of this Paragraph and other environmental
information.
(2) Waste managers which are collecting or transporting
hazardous waste, shall store the information referred to in
Paragraph one of this Section for at least three years.
(3) Managers of hazardous waste shall, upon request of the
previous holder of hazardous waste, issue a statement regarding
the collection, storage, reloading, and transport, preparation
for recovery or disposal, recovery or disposal of the relevant
waste.
[16 December 2010; 30 April 2015;
17 November 2016]
Chapter
VI
Requirements for the Management of Certain Types of Waste
Section 24.
(1) The Cabinet shall determine the categories of electrical
and electronic equipment.
(11) Foreign producers of electrical and electronic
equipment may authorise in writing a person who carries out a
commercial activity in Latvia to take over the commitments in
Latvia of the relevant foreign producer of electrical and
electronic equipment in respect of the conformity with the
requirements for the management of waste electrical and
electronic equipment laid down in this Law. A producer of
electrical and electronic equipment established in Latvia who is
carrying out a commercial activity in Latvia and, using a
distance contract, sells electrical and electronic equipment in
other Member State of the European Union where it does not carry
out the commercial activity, shall authorise in writing a person
established in the relevant Member State of the European Union to
take over the commitments of the producer of electrical and
electronic equipment in respect of the management of waste
electrical and electronic equipment in the relevant Member State
of the European Union.
(2) The Cabinet shall determine the procedures for
registration of producers of electrical and electronic equipment
and authorised representatives thereof. Producers of electrical
and electronic equipment or authorised representatives thereof
shall be registered with the institution authorised by the
Ministry of Environmental Protection and Regional Development or
an association founded by producers of electrical and electronic
equipment and which has been delegated such task by the Ministry
of Environmental Protection and Regional Development. Producers
of electrical and electronic equipment or authorised
representatives thereof shall provide to the institution
authorised by the Ministry of Environmental Protection and
Regional Development or the abovementioned association of persons
information regarding the quantity and categories of electrical
and electronic equipment supplied to the market of Latvia, as
well as regarding the quantity and categories of the collected,
reused, recycled, recovered and exported waste electrical and
electronic equipment.
(3) The association founded by persons who are producers of
electrical and electronic equipment, referred to in Paragraph two
of this Section:
1) shall be under subordination of the Ministry of
Environmental Protection and Regional Development in relation to
the fulfilment of the State administration task - to perform
registration of producers of electrical and electronic
equipment;
2) in performing the registration of producers of electrical
and electronic equipment, is entitled to issue administrative
provisions regarding registration of a producer of electrical and
electronic equipment, refusal to register a producer of
electrical and electronic equipment and exclusion of a producer
of electrical and electronic equipment from the register of
producers of electrical and electronic equipment.
(4) Maintaining of the data of producers of electrical and
electronic equipment shall be performed for a fee, the amount and
procedures for payment of which shall be determined by the
Cabinet.
[16 December 2010; 29 March 2012;
27 March 2014]
Section 25.
A producer of electrical and electronic equipment shall
co-operate with merchants which carry out recycling of waste
electrical and electronic equipment in order to facilitate the
development and manufacture of electrical and electronic
equipment so that it is possible to dismantle and recover them,
as well as to reuse, separate and recycle such equipment, and the
components and materials thereof. The requirements laid down in
the laws and regulations regarding the requirements of eco-design
shall be used in the development and manufacture of electrical
and electronic equipment not using methods, which make difficult
the reuse of the abovementioned equipment waste, except cases
where the use of such methods significantly improve the
application of environmental protection or safety
requirements.
[27 March 2014]
Section 26.
(1) A producer of electrical and electronic equipment shall
ensure the collection, acceptance, processing, reuse, recycling,
recovery and disposal of electrical and electronic equipment
waste, using the best available techniques.
(2) A producer of electrical and electronic equipment may
himself or herself perform the measures referred to in Paragraph
one of this Section or enter into a contract with an electrical
and electronic equipment waste manager (commercial company, which
on the basis of the contract entered into with the producer of
electrical and electronic equipment, shall organise and
co-ordinate the management of such equipment waste).
(3) A producer of electrical and electronic equipment shall
ensure that the acceptance of household electrical and electronic
equipment waste in the established collection system is free of
charge.
(4) A distributor of electric and electronic equipment who
supplies new electric and electronic household equipment directly
to a user thereof shall ensure the acceptance of waste electrical
or electronic equipment without asking payment for this if the
relevant electrical and electronic equipment is of equivalent
type of electrical and electronic equipment and has fulfilled the
same functions as the supplied electrical and electronic
equipment.
(41) A distributor of electrical and electronic
equipment shall provide for the collection, at retail shops with
sales areas relating to electronic and electrical equipment of at
least 400 square metres, or in their immediate proximity, of such
electrical and electronic equipment, external dimension of which
is not more than 25 centimetres, free of charge to end-users and
with no obligation to buy electrical and electronic equipment of
an equivalent or similar type. The distributor of electrical and
electronic equipment shall ensure the management of electrical
and electronic equipment in conformity with Paragraph five of
this Section.
(5) The collected electrical or electronic equipment waste
shall be transferred to operators of processing undertakings
(facilities) if they have received the permits specified in laws
and regulations, except for whole electrical or electronic
equipment, which are intended for reuse.
(6) Separately collected waste electrical and electronic
equipment which has not undergone the treatment may not be
accepted for disposal at landfill sites.
[27 March 2014]
Section 27.
(1) Until 13 August 2005, all producers of electrical and
electronic equipment shall cover the costs of the waste
management of household electrical and electronic equipment
placed on the market.
(2) Until 13 August 2005, the costs of the waste management of
such electrical and electronic equipment placed on the market,
which are not deemed to be household electrical and electronic
equipment, shall be covered by users of such equipment. The
manufacturer of such equipment shall cover the costs of the
abovementioned waste management if the equipment is replaced with
new identical equipment or new equipment which performs
equivalent functions.
(3) The manufacturers of household electrical and electronic
equipment placed on the market prior to 13 August 2005 may, at
the time of selling new equipment, provide the purchasers with
information regarding the expenditure related to the collection,
recovery and disposal of such equipment in a safe manner.
(4) At the time of selling of household electrical and
electronic equipment placed on the market of Latvia after 13
August 2005 information regarding the expenses related to the
collection, processing and disposal of such equipment in a safe
manner shall not be separately provided to the purchasers.
(5) After 13 august 2005 the costs of the collection and
recovery of waste electrical and electronic equipment and waste
household electrical and electronic equipment manufactured or
placed on the market by a producer of electrical and electronic
equipment itself, as well as costs related to preparation of such
waste for recovery, preparation for disposal and disposal in
environmentally friendly way.
[27 March 2014]
Section 28.
A manufacturer which places electrical and electronic
equipment on the market after 13 August 2005 and has not chosen
the types of electrical and electronic equipment waste management
referred to in Section 26, Paragraph two of this Law shall, for
the performance of the measures referred to in Section 26,
Paragraph one of this Law, provide a guarantee with a bank
guarantee or civil liability insurance.
Section 29.
The Cabinet shall determine:
1) the requirements for the labelling of electrical and
electronic equipment;
2) the requirements for the collection and processing of
electrical and electronic equipment waste;
3) the volume and time periods for the collection, reuse,
processing and recovery of electrical and electronic equipment
waste, as well as the requirements for the provision of a report
regarding the implementation of such operations;
4) the requirements to be observed for the provision of
information to consumers, electrical and electronic equipment
waste processing, reuse, recycling and recovery equipment
operators, as well as the requirements for informing the general
public and the European Commission.
Section 30.
(1) A battery or accumulator is a source of electrical energy
in which energy is generated by direct transformation of chemical
energy and which consists of one or several primary
(non-rechargeable) battery cells or secondary (rechargeable)
battery cells.
(2) Batteries and accumulators are divided into the following
categories:
1) a battery pack is a set of batteries or accumulators that
are connected together or are encapsulated within an outer casing
to form a complete unit, and the end user is not expected to
split it up or to open it;
2) a portable battery or accumulator is any sealed battery,
button cell, battery pack or accumulator that can be hand-carried
and that is neither an industrial battery or accumulator nor a
battery or accumulator designed for use in vehicles or other
self-propelled machinery;
3) button cells are any small, round portable batteries or
accumulators with a diameter greater than its height and which
are used for special purposes such as in hearing aids, wrist
watches, small portable equipment and back-up source for saving
of data;
4) a battery or accumulator designed for use in vehicles or in
other self-propelled machinery is a battery or accumulator that
is used in order to operate the automotive starter, lighting or
ignition of a vehicle or other self-propelled machinery
(hereinafter - batteries and accumulators of vehicles);
5) an industrial battery or accumulator is any battery or
accumulator designed for exclusively industrial or professional
use or that is used in any type of electric vehicle.
(3) The provisions of this Law shall apply to batteries and
accumulators of all types regardless of their use, shape, volume,
and weight or material composition.
(4) Battery or accumulator waste is any battery or accumulator
that qualifies as waste within the meaning of the term "waste" as
specified in Section 1, Clause 1 of this Law.
Section 31.
(1) A producer of batteries and accumulators is any person in
the European Union Member State that, irrespective of the selling
technique used and irrespective of the distance contract, within
the scope of his or her commercial activities or economic
activity, places on the market for the first time batteries or
accumulators, including batteries and accumulators incorporated
into appliances or vehicles in accordance with the commercial
activities of the producer.
(2) A distributor of batteries and accumulators is any person
that, within the scope of his or her commercial activities or
economic activity, supplies batteries and accumulators to direct
users.
(3) The Cabinet shall determine the procedures for the
registration pertaining to producers of batteries and
accumulators and the holder of the register. Producers of
batteries and accumulators shall provide information for the
register regarding the amount and the types of batteries and
accumulators placed on the market, regarding the amount and the
types of collected and processed, as well as exported batteries
and accumulators.
(31) The association founded by persons who are
producers of electrical and electronic equipment, referred to in
Paragraph three of this Section:
1) shall be under subordination of the Ministry of
Environmental Protection and Regional Development in relation to
the fulfilment of the State administration task - to perform
registration of producers of batteries or accumulators;
2) in performing the registration of producers of batteries or
accumulators, is entitled to issue administrative provisions
regarding registration of a producer of batteries or
accumulators, refusal to register a producer of batteries or
accumulators and exclusion of a producer of batteries or
accumulators from the register of producers of batteries or
accumulators.
(4) Maintaining of the data of producers of batteries or
accumulators shall be performed for a fee, the amount and
procedures for payment of which shall be determined by the
Cabinet.
[29 March 2012]
Section 32.
Placing on the market means that batteries and accumulators
are supplied or be made available, for a charge or free of
charge, to third persons within the territory of the European
Union, also importing in the customs territory of the European
Union.
Section 33.
(1) A producer of batteries and accumulators shall ensure the
acceptance, collection, processing and recycling of battery and
accumulator waste, using the best technical methods available in
compliance with the health and environmental protection
principles and the laws and regulations regarding pollution.
(2) A producer of batteries and accumulators may perform the
measures referred to in Paragraph one of this Section himself or
herself, or may enter into a contract with a merchant which, on
the basis of the concluded contract, shall organise and
co-ordinate battery and accumulator waste management.
(3) Any producer of batteries and accumulators, distributor or
waste manager who performs collection, processing and recycling
of batteries and accumulators, as well as State and local
government institutions may participate in the measures referred
to in Paragraphs one and two of this Section.
(4) The measures referred to in Paragraphs one and two of this
Section shall apply to batteries and accumulators for the
importation of which from third countries discriminating
provisions have not been applied, without limitation of selling
of the abovementioned batteries and accumulators and preventing
activities restricting competition.
[29 March 2012]
Section 34.
(1) Waste from portable batteries and accumulators shall be
collected or accepted free of charge, without obligating the
direct users to purchase a new battery or accumulator, even if
collection or acceptance is ensured by the distributor of
batteries and accumulators.
(2) A producer or distributor of batteries and accumulators
for vehicles shall ensure the waste collection from such
batteries and accumulators, also using collection points that are
located in the proximity of direct users, or ensure the
acceptance of such batteries from private land vehicles or other
self-propelled machinery not intended for commercial purposes
(non-commercial vehicles) free of charge without obligating to
purchase a new battery or accumulator.
(3) A producer or distributor of industrial batteries and
accumulators shall ensure the collection and acceptance of waste
from such batteries and accumulators regardless of the chemical
composition and origin of such batteries and accumulators.
[29 March 2012]
Section 34.1
(1) Producers of batteries or accumulators or authorised
representatives thereof shall ensure that all costs for the
collection, processing and recycling of portable batteries and
accumulators, batteries and accumulators for vehicles, as well as
batteries and accumulators used in industry collected within the
framework of the measures referred to in Section 33, Paragraphs
one and two of this Section are covered.
(2) Paragraph one of this Section shall not be applied to
waste from batteries and accumulators that were collected in
accordance with the laws and regulations regarding electrical and
electronic equipment waste management or regarding management of
end-of-life vehicles in order to prevent double payment for the
collection, processing and recycling of the abovementioned
waste.
(3) Producers of batteries or accumulators or authorised
persons thereof shall ensure that all costs for those measures of
informing of the public are covered which refer to collection,
processing and recycling of all types of portable batteries and
accumulators.
(4) The costs for collection, processing and recycling of the
relevant battery and accumulator waste shall not be specified
separately for direct users of batteries and accumulators at the
time of selling.
(5) Producers of batteries or accumulators for vehicles, as
well as producers of batteries and accumulators used in industry,
or authorised persons thereof may enter into agreements that
provide for other procedures for covering of costs than specified
in Paragraph one of this Section.
(6) The requirements of this Section shall apply to all types
of battery and accumulator waste regardless of the time of
placing on the market.
[29 March 2012]
Section 35.
Waste from industrial batteries and accumulators and waste
from vehicle batteries or accumulators shall neither be accepted
for disposal at landfill sites, nor incinerated. Residues from
the processing and recycling of battery or accumulator waste may
be disposed of in landfill sites or may be incinerated.
Section 36.
The Cabinet shall determine:
1) the requirements to be set for the collection, processing
and recycling of battery and accumulator waste;
2) the volumes and time periods for the collection and
recycling of batteries and accumulators, as well as the
requirements in relation to how a report on the performance of
such activities is to be given.
Section 37.
(1) [30 April 2015]
(2) The measures which facilitate the use of environmentally
safe materials produced from biological waste, the separate
collection of biological waste with a view to the recovery,
composting and recycling, as well as measures for treatment of
biological waste in accordance with the requirements of Section 4
of this Law shall be provided for in the State waste management
plan and regional plans.
(3) Biological waste shall be composted in municipal landfill
sites or places which are specially constructed for composting of
biological waste or recycled in another way, if a permit for the
performance of the relevant activity has been received.
[30 April 2015]
Chapter
VII
Payment for the Waste Management
Section 38.
(1) Payment for the collection, transport, reloading, storage
and recovery of hazardous waste or production waste, or for the
disposal of production waste in a municipal landfill site shall
be determined by the producer or holder of hazardous waste or
production waste in agreement with the waste manager which
performs the relevant waste management activities.
(2) Payment for the disposal of hazardous waste shall be
determined in accordance with the procedures stipulated by the
Cabinet.
(3) Payment for the disposal of production waste in a
hazardous landfill site shall be the same as payment for the
disposal of hazardous waste in the relevant hazardous landfill
site.
Section 39.
(1) The procedures for the determination of payment for
unsorted municipal waste management (except municipal waste
recovery) to be paid by waste producers or waste holders shall be
approved by a local government with binding regulations. On the
basis of the procedures provided for in the binding regulations,
the local government shall determine the payment for management
of unsorted municipal waste (except municipal waste recovery)
with a decision, and such payment shall incorporate the
following:
1) a fee for the collection, transport, reloading, sorting of
the municipal waste and other activities specified in laws and
regulations which are performed before waste recovery and which
reduce the volume of disposable waste, storage, maintenance of
separate waste collection, reloading, and sorting infrastructure
objects according to a contract which is concluded between the
local government and the waste manager;
2) the tariff for municipal waste disposal at landfill sites
which has been approved by the Public Utilities Commission;
3) natural resources tax for disposal of waste in the amount
specified in laws and regulations.
(11) The payment referred to in Paragraph one,
Clause 1 of this Section shall be reduced by the share of income
obtained by the waste manager from the sale of the sorted
waste.
(2) The waste manager, which has been selected by the local
government in accordance with Section 18 of this Law, shall
ensure the collection, transport, reloading, sorting, storage of
municipal waste, maintaining of separate waste collection,
sorting and reloading infrastructure objects for the same charge
for all municipal waste producers in the relevant waste
management zone in accordance with the contract entered into with
the local government in accordance with the procedures laid down
in this Law.
(21) The manager of a landfill site, when accepting
the municipal waste for disposal, shall collect the natural
resources tax for disposal of the municipal waste in the amount
specified in laws and regulations for the entire amount of the
unsorted municipal waste which is transferred for disposal.
(22) The waste manager, when accepting the unsorted
municipal waste for a waste producer, shall collect the natural
resources tax and the tariff payment for disposal of the
municipal waste in the landfill sites for the entire amount of
the unsorted municipal waste which is transferred for
management.
(3) Waste composting costs shall be included:
1) in the tariff for the disposal of municipal waste, if
biological waste is composted in the municipal landfill site;
2) in the payment for the municipal waste management, if
biological waste is composted at places which are specially
constructed for composting of biological waste.
(4) Each year by 30 June the local government shall assess the
payment for management of the municipal waste. The payment is
re-calculated if the total sum of the following components of the
payment change by at least 10 per cent:
1) as a result of applying the measurement ratio of the waste
volume and mass proportion to the costs referred to in Paragraph
one, Clause 1 of this Section;
2) the income share which is obtained by the waste manager as
the difference between the payment for the natural resources tax
for the collected municipal waste and for the amount of the
municipal waste that has been transferred to the landfill
site;
3) the income share which is obtained by the waste manager as
a difference in the tariff payment for the disposal of municipal
waste in landfill sites between the amount of the collected
municipal waste and the one that has been transferred to the
landfill site.
(5) The waste manager shall ensure determination of the
municipal waste that has been collected, transferred for
recovery, and transferred to a landfill site, in tonnes. The
waste manager shall inform the local government regarding the
mass of municipal waste that has been collected, transferred for
recovery, and transferred to the landfill site, in accordance
with the procedures laid down by the Cabinet.
(6) The Cabinet shall determine:
1) the procedures for measuring the proportion of mass and
volume of municipal waste by a waste manager and the conditions
for the performance of measuring;
2) the procedures for determining a ratio for conversion from
units of volume to units of mass;
3) the time periods and procedures for a waste manager to
inform a local government on the measurements of the waste mass
and volume and on the ratio to be applied.
[30 April 2015; 17 November 2016 /
See Paragraphs 28, 30, and 35 of Transitional Provisions]
Section 40.
The tariff for the disposal of municipal waste in a landfill
site shall be determined in accordance with the procedures laid
down in the Law on Regulators of Public Utilities according to
the methods that have been stipulated by the Public Utilities
Commission for calculating the tariff of the municipal waste
disposal service.
[17 November 2016]
Section 41.
(1) The tariff for the disposal of municipal waste shall
include:
1) expenses related to the arrangement and exploitation of a
landfill site, expenses related to reloading station of a
landfill site and expenses for the conveyance of accepted waste
or municipal waste prepared for disposal from reloading station
of a landfill site to a landfill site;
2) expenses related to the preparation of waste for disposal,
regular covering of waste layer with inert coating;
3) expenses for the financing of such educating measures of
the public which are aimed at educating of waste producers of the
relevant waste management region in the field of waste
management;
4) expenses related to the financial guarantee or equal
guarantee by the landfill site manager;
5) landfill site closure and re-cultivation expenses;
6) expenses related to the monitoring and maintenance of a
closed landfill site at least for 30 years subsequent to the
closure of the landfill site;
7) expenses related to the reduction of the amount of
biologically degradable waste to be disposed of, including
recovery of biologically degradable waste;
8) expenses of the research and development activity aimed at
reducing the amount of waste to be disposed of at landfill
sites.
(11) Within the meaning of this Section a reloading
station of a landfill site is a reloading station related to the
infrastructure of the landfill site where the owner or manager of
a landfill site accepts waste collected within the relevant waste
management region in order to convey them to the landfill site
for disposal or prepare for disposal.
(12) The Cabinet shall provide for the procedures
for determining the expenses for closing and re-cultivating a
landfill site, expenses for monitoring and maintaining a closed
landfill site, as well as the procedures by which the local
government in the administrative territory of which a municipal
waste landfill site is located, or the Ministry of Environmental
Protection and Regional Development shall supervise and control
the payment of funds to be transferred into the account in the
Treasury for the closing of a landfill site and disbursement of
funds after closure of a landfill site.
(13) The expenses of the research and development
activity may not exceed three per cent of the expenses that form
the tariff for the disposal of municipal waste in landfill sites
and should be included in the tariff after completion of the
research and development activity provided that the
abovementioned activities ensure a reduction in the amount of
waste to be disposed of in the landfill sites. The Cabinet shall
determine:
1) the requirements that are to be brought forward regarding
conformity and assessment of the research and development
activity and the requirements for project documentation, as well
as the procedures for recording the research and development
expenditure;
2) the procedures by which public availability of the results
of the research and development activity shall be ensured.
(14) The manager of a landfill site shall reduce
the expenses which are included in the tariff for waste disposal,
by the income share it obtains as the difference between the
payment of the natural resources tax paid by the waste manager
for the amount of municipal waste in accordance with Section 39,
Paragraph 2.1 of this Law and the natural resources
tax for disposal of the municipal waste that has been paid into
the State budget. The Public Utilities Commission shall determine
the procedures for submitting and reviewing the calculated draft
tariff of municipal waste disposal in relation to the payment of
the natural resources tax.
(15) A manager of the landfill site shall determine
the mass of the municipal waste which has been accepted and
disposed of in a landfill site in tonnes, and inform the local
government thereon in accordance with the procedures and within
the time period stipulated by the Cabinet.
(2) A manager of the landfill site shall pay that part of
revenue from the tariff for waste disposal in a landfill site,
which is intended for covering of expenses for landfill site
closure, re-cultivation and monitoring of a closed landfill site,
in the account in the Treasury for closing of a landfill site for
the preceding quarter until the fifteenth date of the first month
of the following quarter.
(3) After the State Environmental Service has taken a decision
to close the landfill site, the resources referred to in
Paragraph two of this Section shall be received by the owner or
manager of the landfill site or the State or local government
institution in accordance with the procedures stipulated by the
Cabinet for the covering of expenses for landfill site closure,
re-cultivation and monitoring of a closed landfill site.
[27 March 2014; 30 April 2015; 17
November 2016 / See Paragraphs 31 and 32 of Transitional
Provisions]
Chapter
VIII
Transboundary Movements of Waste
Section 42.
(1) Exportation of hazardous waste for recovery or disposal to
states which have acceded to the Basel Convention of 22 March
1989 on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal is permitted in compliance with the
procedures laid down in the abovementioned Convention.
(2) It is prohibited to bring in the territory of Latvia any
waste for disposal, also incineration, if the abovementioned
activity is to be classified as disposal of waste, or for
long-term storage.
(3) It is allowed to bring in waste for recovery or
incineration, if incineration is to be classified as waste
recovery, only in such case, if waste recovery facilities having
appropriate capacity are operating in the territory of the State
and their owner has received a permit for recovery of the
relevant waste, and recycling or recovery of waste produced in
the territory of Latvia, which is specified in the State waste
management plan or regional plans, is not endangered as a result
of bringing in of waste.
(4) The State Environmental Service shall take a decision to
prohibit bringing in of waste, if it is determined that the
provisions of Paragraph three of this Section are not observed.
The State Environmental Service shall, prior to bringing in of
the relevant waste, assess the capacity of waste incineration
facilities and the amount and type of waste planned to be
incinerated, taking into account the information regarding amount
of such municipal waste produced in the territory of the State,
which is suitable for incineration in the relevant incineration
facilities in compliance with a permit for Category A or B
polluting activity issued for the operation of such facilities.
The Cabinet shall determine the procedures, by which the State
Environmental Service shall take a decision on a permit to bring
in waste for recovery and a decision to prohibit bringing in of
waste.
(5) A waste manager who brings in the territory of Latvia or
brings out of the territory of Latvia the waste referred to in
Article 3 of Regulation (EC) No 1013/2006 of the European
Parliament and of the Council of 14 June 2006 on shipments of
waste (hereinafter - Regulation No 1013/2006) or in Basel
Convention for the purposes provided for in Paragraph three of
this Section, a waste producer who brings out waste from the
territory of Latvia on its own for disposal, recycling or
recovery of waste, shall submit a report on waste for the
previous calendar year by 1 March of the current year in
accordance with the provisions regarding forms of reports on
environmental protection State statistics.
(6) The owner of the incineration facilities referred to in
Paragraph three of this Section shall, by 20 December of the
relevant year, submit information to the State Environmental
Service regarding the amount and type of waste planned to be
incinerated in the next year.
(7) A waste manager, which according to an issued permit for
Category A or B polluting activity prepares waste for
incineration in waste incineration facilities, shall, by 20
December of the relevant year, submit the information to the
State Environmental Service regarding the amount and type of
waste planned to be incinerated in the next year.
(8) The State Environmental Service shall fulfil the duties of
the competent authority and correspondent referred to in
Regulation No 1013/2006 and issue an approval or consent for the
transboundary movement of waste.
(81) The State Environmental Service shall control
shipments of waste electrical and electronic equipment in
accordance with Regulation (EC) No 1013/2006 and Commission
Regulation (EC) No 1418/2007 of 29 November 2007 concerning the
export for recovery of certain waste listed in Annex III or IIIA
to Regulation (EC) No 1013/2006 of the European Parliament and of
the Council to certain countries to which the OECD Decision on
the control of transboundary movements of wastes does not apply,
as well as shipments of used electrical and electronic equipment
regarding which there are substantial suspicions that waste
electrical and electronic equipment is sent. The State
Environmental Service is entitled to request a manufacturer of
electrical and electronic equipment and receive free of charge
from him or her, a third person representing such manufacturer or
other person who is organising the relevant shipment of used
electrical and electronic equipment, information regarding the
performed analyses of functionality and chemical content of used
electrical and electronic equipment.
(82) The Cabinet shall determined the requirements
for inspection of such shipments of electrical and electronic
equipment regarding which there are suspicions that waste
electrical and electronic equipment is sent. The State
Environmental Service has the right to take a decision that a
shipment of electrical and electronic equipment is waste of
electrical and electronic equipment, if there are justified
suspicions that waste of electrical and electronic equipment is
being shipped.
(83) The decisions taken by the State Environmental
Service in relation to shipments of electrical and electronic
equipment may be contested to the Environment State Bureau and
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. The appeal of the decision shall
not suspend the operation thereof.
(9) A State fee shall be paid for the issue of approval or
consent for transboundary movement of waste. The amount for the
State duty and procedures for payment shall be determined by the
Cabinet.
(10) Waste, the preparation for re-use, re-use, recovery or
disposal of which in Latvia is not possible due to economical or
technical reasons, may be brought out to other states for
performance of the relevant activities in compliance with the
Basel Convention of 22 March 1989 on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal and Regulation
No 1013/2006.
[29 March 2012; 27 March 2014; 30
April 2015]
Transitional
Provisions
1. With the coming into force of this Law, the Waste
Management Law (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 2001, No. 3; 2004, No. 7, No. 10; 2005,
No. 2, No. 15; 2006, No. 24; 2008, No. 9; 2009, No. 21) is
repealed.
2. Section 6, Clause 3, Section 12, Paragraph three and
Section 42, Paragraph five of this Law shall come into force on 1
January 2011.
3. The Cabinet shall, not later than until 31 December 2010,
issue the regulations referred to in Section 6, Clause 1, Section
9, Paragraph four, Section 11, Paragraph two, Section 12,
Paragraph two, Section 17, Paragraphs five, six and eight,
Section 20, Paragraphs four, five and seven, Section 22,
Paragraph two, Clause 1, Section 24, Paragraphs two and four and
Section 31, Paragraph four of this Law.
[30 April 2015]
4. The Cabinet shall, not later than until 30 November 2011,
issue the regulations referred to in Section 6, Clauses 2, 4, 5,
Section 20, Paragraph eight, Section 22, Paragraph two, Clauses 2
and 3, Section 24, Paragraph one, Section 29, Section 31,
Paragraph three, Section 36, Section 38, Paragraph two of this
Law.
[29 March 2012]
5. Until the day of the coming into force of the relevant
Cabinet Regulations, but not later than until 30 November 2011,
the following Cabinet Regulations shall be applicable:
1) Cabinet Regulation No. 323 of 17 July 2001, Requirements
for Incineration of Waste and Operation of Waste Incineration
Plants;
2) Cabinet Regulation No. 371 of 8 July 2003, Procedures for
the Determination of Payment for Disposal of Hazardous Waste;
3) Cabinet Regulation No. 365 of 20 April 2004, Regulations
Regarding Waste Recycling, Recovery and Disposal Types;
4) Cabinet Regulation No. 624 of 27 July 2004, Regulations
Regarding Categories of Electrical and Electronic Equipment;
5) Cabinet Regulation No. 736 of 24 August 2004, Requirements
for Marking of Electronic and Electrical Equipment and Provision
of Information Thereon;
6) Cabinet Regulation No. 923 of 9 November 2004, Regulations
Regarding the Management of Electrical and Electronic Equipment
Waste;
7) Cabinet Regulation No. 985 of 30 November 2004, Regulations
Regarding Waste Classification and Characteristics Making Waste
Hazardous;
8) Cabinet Recommendations No. 1 of 26 July 2005,
Recommendations for Local Governments Regarding the Binding
Regulations Regulating Municipal Waste Management;
9) Cabinet Regulation No. 874 of 22 November 2005, Procedures
for the Purchase and Sale of Ferrous and Non-ferrous Metal
Cuttings and Scrap;
10) Cabinet Regulation No. 1002 of 27 December 2005,
Procedures for the Registration of Electrical and Electronic
Equipment Manufacturers;
11) Cabinet Regulation No. 3 of 3 January 2006, Regulations
Regarding the State Fee for the Issue of Licence for the Purchase
of Ferrous and Non-ferrous Metal Cuttings and Scrap and the
Procedures for Payment of the State Fee;
12) Cabinet Regulation No. 332 of 25 April 2006, Regulations
Regarding Environmental Pollution from Production of Asbestos and
Asbestos-based Products and Management of Asbestos Waste;
13) Cabinet Regulation No. 474 of 13 June 2006, Regulations
Regarding the Construction of Landfill Sites, the Management,
Closure and Re-cultivation of Landfill Sites and Waste Dumps;
14) Cabinet Regulation No. 613 of 29 July 2008, Procedures for
the Issue, Extension, Review and Cancellation of Waste Management
Permits;
15) Cabinet Regulation No. 782 of 22 September 2008,
Procedures for the Submission of Reports on Volumes and Types of
Recycled Waste;
16) Cabinet Regulation No. 789 of 22 September 2008,
Procedures for the Management of Certain Types of Hazardous
Waste;
17) Cabinet Regulation No. 977 of 25 November 2008,
Regulations Regarding Procedures for the Registration Pertaining
to the Producers of Batteries and Accumulators and the Holder of
the Register;
18) Cabinet Regulation No. 1051 of 16 December 2008,
Procedures for the Recording, Identification, Storage, Packing,
Labelling and Transport of Hazardous Waste;
19) Cabinet Regulation No. 156 of 17 February 2009,
Regulations Regarding Procedures for the Registration of Foreign
Electrical and Electronic Equipment Manufacturers and their
Duties;
20) Cabinet Regulation No. 985 of 1 September 2009,
Regulations Regarding Waste Collection, Sorting Points and
Biodegradable Waste Composting Sites; and
21) Cabinet Regulation No. 121 of 9 February 2010, Regulations
Regarding Procedures for the Collection and Management of the
Primary Packaging to which the Deposit System is not Applied and
which is Collected at the Sales Point or Specially Established
Packaging Collection Point, and the Requirements for the
Merchants which Perform the Collection of such Packaging.
6. State waste management plan for 2006-2012 and regional
waste management plans issued until the day of coming into force
of this Law shall be in force until the end of the term
thereof.
7. Cabinet Regulation No. 797 of 26 September 2006,
Regulations Regarding the Regional Waste Management Plan of
Ziemeļvidzeme 2006-2013, shall be in force until 31 December
2013.
8. Local governments shall, until 1 April 2011, assess the
compliance of the binding regulations regarding municipal waste
management in force with the requirements of this Law and the
State waste management plan and regional plans, as well as the
division of administrative territories local governments into
waste management zones and, if necessary, issue new binding
regulations until 1 October 2011.
9. The Ministry of Environmental Protection and Regional
Development shall, in co-operation with local governments,
develop and the Cabinet shall, until 1 July 2013, issue the
regulations referred to in Section 10, Paragraph one of this
Law.
[16 December 2010; 29 March
2012]
10. The Cabinet shall:
1) until 30 December 2012, approve the State waste management
plan referred to in Section 9, Paragraph two of this Law,
including waste prevention programme; and
2) [30 April 2015].
[30 April 2015]
11. Permits issued on the basis of the requirements of the
Waste Management Law (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 2001, No. 3; 2004, No. 7, No. 10; 2005,
No. 2, No. 15; 2006, No. 24; 2008, No. 9; 2009, No. 21) shall be
valid until the expiry of the term of validity thereof.
12. Until 26 July 2005 the contract entered into by and
between a local government and a municipal waste manager
regarding collection, transport, reloading and storage of
municipal waste shall expire within the term specified in the
contract. If after 26 July 2005 the local government and the
municipal waste manager have entered into or extended the
contract regarding collection, transport, reloading and storage
of municipal waste, not applying the laws and regulations
regarding public procurement or in non-compliance with the laws
and regulations regarding public procurement, the abovementioned
contract shall be terminated not later than until 1 July
2013.
[The first sentence has been
recognised as invalid from 1 July 2013 by a judgment of the
Constitutional Court of 6 December 2012, which entered into
effect on 11 December 2012, insofar as it applies to contracts
entered into not applying or applying inappropriately the laws
and regulations regarding public procurement.]
13. Until the entering into a contract regarding municipal
waste management in the relevant zone with the merchant, which
has been selected in accordance with the procedures specified in
the laws and regulations governing public procurement or
public-private partnership, the payment for municipal waste
management shall comply with the last tariff approved by the
Regulator for municipal waste management which has been
determined prior to coming into force of this Law. The local
government is entitled to review the abovementioned tariff for
municipal waste management, if the tariff referred to in Section
39, Paragraph one, Clauses 2 and 3 of this Law or tax has
changed, and to adjust in such amount in which it is affected by
the relevant changes.
14. A contract entered into by and between a local government
and a municipal waste manager regarding collection, transport,
reloading and storage of municipal waste, in which the term of
validity of the contract is not determined, shall be terminated
not later than until 1 July 2013.
15. A local government, the contracts entered into of which
are to be terminated in accordance with Paragraph 12 or 14 of
Transitional Provisions of this Law, shall, until 1 July 2013,
select a municipal waste manager in accordance with the
procedures laid down in Section 18 of this Law.
16. Until the end of the term specified in the contract, but
not later than until 31 December 2015, a contract regarding
municipal waste management which has been entered by a person who
is the commissioning party of public procurements in accordance
with the laws and regulations regarding public procurement, and
which has been entered into until the day of coming into force of
this Law shall be in effect.
17. Until the end of the term specified in the contract, but
not later than until 31 December 2015, a contract which a waste
producer, which in accordance with laws and regulations is
exempted from payment of the natural resources tax for the
management of certain types of waste or which participates in the
management systems of certain types of waste, has entered into
with a waste manager selected by him or her regarding separate
collection, transport, reloading and storage of municipal waste
and which has been entered into until the day of coming into
force of this Law, shall be in effect.
18. Local governments, which until the day of coming into
force of this Law have not entered into the contract regarding
collection, transport, reloading and storage of municipal waste,
shall select a municipal waste manager in accordance with the
procedures laid down in Section 18 of this Law until 31 December
2011.
19. The conditions of Section 27, Paragraph four of this Law
shall not be applied in respect of large size household
electrical and electronic equipment until 13 February 2013, but
in respect of other household electrical and electronic equipment
- until 13 February 2011. The expenses indicated to purchasers
regarding the collection, processing and disposal of such
equipment in safe manner may not exceed the actual expenses for
waste electrical and electronic equipment management.
20. The Cabinet shall issue the regulations referred to in
Section 6, Clause 6, Section 12.1 of this Law not
later than until 1 July 2013.
[29 March 2012; 27 March 2014]
21. If a local government has not entered into a contract
regarding the collection, transport, reloading and storage of
municipal waste, persons that are commissioning parties within
the meaning of the laws and regulations regarding public
procurement shall carry out public procurement regarding
collection and transport of municipal waste, taking into account
the requirements of the binding regulations of the local
government. In such case a contract entered into by a
commissioning party shall be valid until the end of the term of
validity of the contract determined therein, however, not longer
than one month after entering into effect of the contract that
the local government has entered into with a merchant selected in
accordance with the procedures laid down in Section 18, Paragraph
one of this Law.
[29 March 2012]
22. The Cabinet shall:
1) by 1 July 2014 issue the regulations referred to in Section
6, Clause 1.1, Section 24, Paragraph two, and Section
42, Paragraph 8.2 of this Law;
2) by 30 December 2014 issue the regulations referred to in
Section 12.1 of this Law;
3) by 30 December 2015 issue the regulations referred to in
Section 12, Paragraph two, Clause 6 and Section 41, Paragraphs
1.2 and three of this Law;
4) by 1 March 2016 issue the regulations referred to in
Section 18, Paragraphs two and eleven and Section 42, Paragraph
four of this Law.
[27 March 2014; 30 April 2015]
23. Until the coming into force of the Cabinet Regulation
referred to in Section 24, Paragraph two of this Law, but not
later than until 1 July 2014 the Cabinet Regulation No. 323 of 26
April 2011, Regulations Regarding Procedures for the Registration
of the Producers of Electrical and Electronic Equipment and
Producers of Batteries and Accumulators and the Fee for Data
Maintenance, shall be applied insofar as it is not in
contradiction with this Law.
[27 March 2014]
24. Until the coming into force of the Cabinet Regulation
referred to in Section 12.1 of this Law, but not later
than until 30 December 2014 the Cabinet Regulation No. 1172 of 22
October 2013, Procedures for the Registration of Waste Dealers
and Waste Management Brokers, shall be applied insofar as it is
not in contradiction with this Law.
[27 March 2014]
25. Until the end of the term specified in the contract, but
not longer than until 1 June 2017 the contract regarding
collection, transport, reloading and storage of waste generated
at its site of conducting commercial activity, which has been
entered into by the waste producer and regarding which the local
government has been informed thereby, on the basis of Section 18,
Paragraph ten of the Waste Management Law, which was in force
until 31 May 2015, shall be in effect,
[30 April 2015]
26. The new wording of Section 12, Paragraph three of this Law
shall come into force concurrently with the relevant amendments
to the Law On Taxes and Duties.
[30 April 2015]
27. Amendments to Section 23, Paragraph one of this Law in
relation to accounting and provision of information to State
authorities and local governments and amendments to Section 41,
Paragraph one of this Law in relation to inclusion of the costs
related to the maintenance of a closed waste landfill site and
the costs related to reduction of the amount of biologically
degradable waste to be disposed of, in the tariff for waste
disposal in landfill sites shall come into force on 1 January
2016.
[30 April 2015]
28. The Cabinet shall:
1) by 31 March 2017, issue the regulations referred to in
Section 20, Paragraph eleven and Section 41, Paragraphs
1.3 and 1.5 of this Law;
2) by 31 August 2017, issue the regulations referred to in
Section 22, Paragraph one, Clauses 4 and 5 and Section 39,
Paragraph six of this Law.
[17 November 2016]
29. By 28 February 2017, the Public Utilities Commission shall
determine the procedures referred to in Section 41, Paragraph
1.4 of this Law.
[17 November 2016]
30. By the date when the regulations referred to in Section
39, Paragraph six of this Law come into force, a waste manager
shall provide the local government with information regarding the
amount of the municipal waste that has been collected and
transferred to the landfill site.
[17 November 2016]
31. Managers of municipal waste landfill sites shall make a
draft tariff and, not later than by 31 December 2017, submit it
for review to the Public Utilities Commission in accordance with
the procedures for calculating the tariff referred to in Section
41, Paragraph 1.4 of this Law.
[17 November 2016]
32. Until approval of the tariff referred to in Section 41,
Paragraph 1.4 of this Law, the manager of a landfill
site shall apply the ratio to the natural resources tax for
disposal of the municipal waste which matches the proportion
between the amount of the waste disposed of in the landfill site
and accepted by the landfill site, and shall simultaneously
notify the local government in accordance with Section 41,
Paragraph 1.5 of this Law.
[17 November 2016]
33. Information according to the procedures stipulated by the
Cabinet for mass and volume measurements of the municipal waste
and the ratio to be applied when converting from the units of
volume to units of mass, shall be submitted by the waste manager
to the local government for the first time by 30 April 2018.
[17 November 2016]
34. If waste management contracts which have been concluded in
accordance with the procedures laid down in the laws and
regulations regarding public procurement or public-private
partnership by 31 December 2016 or announced by 31 December 2016
provide for a provision on the review of the management payment
of municipal waste, the local government shall perform a
re-calculation for 2017:
1) within two months after receipt of the information referred
to in Paragraph 30 of these Transitional Provisions from the
waste manager;
2) within two months after receipt of the information referred
to in Paragraph 32 of these Transitional Provisions from the
manager of the landfill site.
[17 November 2016]
35. If the waste management contracts which have been
concluded in accordance with the procedures laid down in the laws
and regulations regarding public procurement or public-private
partnership by 31 December 2016 or announced by 31 December 2016,
do not provide for an option to review the management payment of
municipal waste, the local government, by 30 June 2020, shall
ensure the review of the abovementioned contracts, by including
the provisions for re-calculation of the management payment of
municipal waste in accordance with Section 39, Paragraph five of
this Law, and shall perform the first re-calculation.
[17 November 2016]
36. Increase in the payment of natural resources tax according
to the tax rate that comes into force on 1 January 2017, for the
time period from 1 January 2017 until the moment when a decision
of the local government on determining the management payment of
municipal waste enters into effect, shall be proportionally
included in further payments by 31 December 2017.
[8 December 2016]
Informative
Reference to the European Union Directives
[27 March
2014]
This Law contains legal norms arising from:
1) Council Directive 75/439/EEC of 16 July 1975 on the
disposal of waste oils;
2) Council Directive 75/442/EEC of 15 July 1975 on waste;
3) Council Directive 78/176/EEC of 20 February 1978 on waste
from the titanium dioxide industry;
4) Council Directive 82/883/EEC of 3 December 1982 on
procedures for the surveillance and monitoring of environments
concerned by waste from the titanium dioxide industry;
5) Council Directive 83/29/EEC of 24 January 1983 amending
Directive 78/176/EEC on waste from the titanium dioxide
industry;
6) Council Directive 87/101/EEC of 22 December 1986 amending
Directive 75/439/EEC on the disposal of waste oils;
7) Council Directive 91/156/EEC of 18 March 1991 amending
Directive 75/442/EEC on waste;
8) Council Directive 91/157/EEC of 18 March 1991 on batteries
and accumulators containing certain dangerous substances;
9) Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste;
10) Council Directive 91/692/EEC of 23 December 1991
standardizing and rationalizing reports on the implementation of
certain Directives relating to the environment;
11) Commission Directive 93/86/EEC of 4 October 1993 adapting
to technical progress Council Directive 91/157/EEC on batteries
and accumulators containing certain dangerous substances;
12) Council Directive 94/31/EC of 27 June 1994 amending
Directive 91/689/EEC on hazardous waste;
13) Council Directive 96/59/EC of 16 September 1996 on the
disposal of polychlorinated biphenyls and polychlorinated
terphenyls (PCB/PCT);
14) Commission Directive 98/101/EC of 22 December 1998
adapting to technical progress Council Directive 91/157/EEC on
batteries and accumulators containing certain dangerous
substances (Text with EEA relevance);
15) Council Directive 1999/31/EC of 26 April 1999 on the
landfill of waste;
16) Directive 2000/76/EC of the European Parliament and of the
Council of 4 December 2000 on the incineration of waste;
17) Directive 2002/96/EC of the European Parliament and of the
Council of 27 January 2003 on waste electrical and electronic
equipment (WEEE);
18) Directive 2003/108/EC of the European Parliament and of
the Council of 8 December 2003 amending Directive 2002/96/EC on
waste electrical and electronic equipment (WEEE);
19) Directive 2006/12/EC of the European Parliament and of the
Council of 5 April 2006 on waste (Text with EEA relevance);
20) Directive 2006/66/EC of the European Parliament and of the
Council of 6 September 2006 on batteries and accumulators and
waste batteries and accumulators and repealing Directive
91/157/EEC;
21) Directive 2008/98/EC of the European Parliament and of the
Council of 19 November 2008 on waste and repealing certain
Directives (Text with EEA relevance);
22) Directive 2009/31/EC of the European Parliament and of the
Council of 23 April 2009 on the geological storage of carbon
dioxide and amending Council Directive 85/337/EEC, European
Parliament and Council Directives 2000/60/EC, 2001/80/EC,
2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No
1013/2006;
23) Directive 2012/19/EU of the European Parliament and of the
Council of 4 July 2012 on waste electrical and electronic
equipment (WEEE).
This Law shall come into force on the day following the
proclamation thereof.
This Law was adopted by the Saeima on 28 October
2010.
President V. Zatlers
Riga, 17 November 2010
1 The Parliament of the Republic of
Latvia
Translation © 2018 Valsts valodas centrs (State
Language Centre)