On 27 September 2022, the Government adopted Resolution No.1073, which approved the Procedure for management of waste generated in connection with the damage (destruction) of buildings and structures as a result of hostilities, terrorist acts, sabotage or liquidation works.
The procedure is applied during the implementation of a complex of restoration works to eliminate the consequences of armed aggression and hostilities during martial law and during the reconstruction period (within 90 calendar days after the termination or cancellation of martial law in Ukraine).
The management of waste from destruction does not require a permit to carry out operations in the field of waste management in accordance with the Law of Ukraine "On Waste".
Identification and accounting of waste from destruction is organized by the authorized body, based on the results of inspections of damaged (destroyed) objects, consideration of applications (notifications) of citizens, enterprises, institutions and organizations, other legal entities, mass media, central executive authorities, military formations or the receipt of information on the detection of waste from destruction.
Accounting for waste from destruction is carried out at the place of their generation or in places of temporary storage or other waste management facilities.
The authorized body publishes information on the identification and accounting of demolition waste on its official website.
If within 90 calendar days after the termination or cancellation of martial law on the territory of Ukraine, the owner of the waste has not taken measures for environmentally safe collection, transportation, sorting, storage, processing (recycling), disposal, removal, neutralization and burial of the waste from the destruction, the authorized body shall make a decision regarding the management of such waste, taking into account the provisions of the Civil Code of Ukraine and other laws.
Operations on the management of waste from demolitions, which the owner is unable to carry out independently for technical or economic reasons, are organized by the authorized body (based on an application by the owner of such waste to the authorized body).
First, the authorized body organizes works (operations) on clearing the territories of settlements, namely:
In case, the owner/manager of the object intends to independently carry out the clearing of the territories, which includes the collection of waste from the destruction, its sorting according to the place of generation and transportation to waste management facilities or temporary storage places, such work can be started after receiving from the authorized body information about the completion of urgent works.
The authorized body is obliged to take measures for the reuse of the main components of demolition waste (after their treatment or recycling if necessary) during the implementation of construction projects for which it is the construction customer, and to promote the use of demolition waste by other construction customers. Construction products obtained using demolition waste must meet the requirements of the Technical Regulations for construction products, approved by Resolution No. 1764 of the Cabinet of Ministers of Ukraine dated 20 December 2006.
For more information, please contact Asters` Counsel Anzhelika Livitska or Associate Victoria Kurus.