Obligators of the Regulation and New Developments
Zero Waste Regulation ('' Regulation '') prepared on the basis of Environmental Law No. 2872 (''Law'') was published in the Official Gazette dated July 12, 2019 and numbered 30829. It regulates the important principles and procedures of zero waste management system to be established in many enterprises and industrial plants ,particularly, in organized industrial zones, airports, educational institutions, healthcare organizations, chain markets, shopping malls, accommodation facilities, textile facilities, food production and processing facilities, livestock raising and slaughtering facilities, metal, iron, steel and plastic industry, recycling facilities, motor vehicle production facilities, mine and oil refinery industry as well as local administrations and public institutions.
What Does The Regulation Bring?
The aim of the related regulation is to establish and develop ''zero waste management system'' which aims to protect the environment and human health and all resources in waste management processes in line with the principles of sustainable development with effective management of raw materials and natural resources. It regulates the principles and procedures concerning the establishment of ''zero waste management system'' and ''zero waste certificate'' to be issued for the places where the establishment of zero waste management system is mandatory and for those who wish to establish zero waste management system on a voluntary basis.
The Regulation obliges buildings and premises where will establish zero waste management system to comply with the general principles specified in the regulation, to sort and accumulate waste by their types, to prevent/ reduce waste generation, to comply with the implementation schedule specified in the annexes of the regulation for the establishment and implementation of the zero waste management system, to provide training on zero waste management system, to register ''zero waste information system'' created by Ministry Of Environment And Urbanization and to issue the required information and documents to the system.
There are four different zero waste certificates within the scope of the Regulation. These; basic level zero waste certificate, silver zero waste certificate, gold zero waste certificate and platinum zero waste certificate. It is obligatory for the buildings and premises which are obliged to establish the zero waste management system mentioned above and detailed in the annexes to obtain basic level zero waste certificate. Those who wish to establish zero waste management system may also apply for basic level zero waste certificate.
Where it is obligatory to obtain basic level zero waste certificate; organized industrial zones, shopping malls, airports, train and bus terminals, accommodation facilities with a capacity of 50 rooms or more are obliged to obtain one of the silver, gold or platinum zero waste certificates.
These places apply for a silver, gold or platinum zero waste certificate at the end of the twelve months after obtaining the basic level zero waste certificate. Criteria for basic level zero waste certificate are included in the annexes of the regulation. The detailed point scoring system for silver, gold and platinum zero waste certificate will be determined by Ministry of Environment and Urbanization.
Applications for basic level zero waste certificate are made through ''zero waste information system'' which is an online system created by Ministry of Environment and Urbanization. It is mandatory to submit the requested information and documents through this system. The applications are evaluated by Provincial Directorate of Environment and Urbanization and any deficiencies are notified to the applicant. Deficiencies must be completed within thirty calendar days. Otherwise, the application shall be rejected.
The validity period of the zero waste certificate is five (5) years. The places, where are obliged to obtain the certificate, apply for the renewal of the certificate three months before the validity period of the certificate expires and the process starts again. The amount to be paid for issuing zero waste certificate, increasing the level, renewal and updating is determined by Ministry of Environment and Urbanization every year.
Provincial Directorates of Environment and Urbanization carry out the inspection of places having zero waste certificate. These places are inspected at least once during the validity period of the certificate. Those who do not make the necessary declarations to the zero waste information system, those who do not apply the zero waste management system in inspections and those who do not ensure the continuity of the certificate are given ninety (90) calendar days of improvement following the administrative sanction. If the improvements made at the end of the given period are not sufficient to ensure the continuity of the current certificate level, the zero waste certificate is canceled. Necessary notifications should be made within the time period stipulated by the regulation in case of changes in the information and documents submitted while applying for zero waste certificate or in case of moving out the buildings and premises where zero waste management system is applied. Otherwise, the zero waste certificate shall be canceled. Those whose certificate has been canceled must apply for zero waste certificate within the period stipulated by the regulation.
Ministry of Environment and Urbanization introduce new systems and mechanisms with this regulation to prevent waste generation, to reduce waste if the prevention of waste is not possible, to ensure the reuse of products and materials on the purpose of using resources efficiently in production, consumption and service processes. Within this scope, in the event that the actions foreseen for administrative sanctions are determined in accordance with the Environmental Law and Misdemeanor Law, administrative sanctions are applied to the obliged buildings and premises. These administrative sanctions may be administrative fines ranging from 1,000 TL to 1,000,000 TL. The obligators of the regulation are required to establish the zero waste management system, carefully examine the provisions stipulated in the regulations and the annexes of the regulation and comply with these provisions.
Provisions for obtaining a zero waste certificate shall come into force 6 months from the date of its publication. Other provisions in the Regulation come into force with the date of publication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.