Chapter 10a. Sorting and material recycling of certain types of waste § 10a-1.Purpose The purpose of this chapter is to increase material recycling of household waste and commercial waste in order to achieve better resource utilization of waste, protect the environment and reduce greenhouse gas emissions. § 10a-2. Scope The provisions in this chapter do not apply to a. EE waste which is covered by chapter 1, b. discarded recreational boats which are covered by chapter 2, c. discarded batteries which are covered by chapter 3, d. discarded vehicles that are covered by chapter 4, e.discarded tires that are covered by chapter 5, f.beverage packaging that is included in the deposit scheme, g.hazardous waste that is covered by chapter 11, h.construction and demolition waste, i.textile waste. § 10a-3. Definitions In this chapter, a. household waste is meant; waste from private households cf. Pollution Act § 27a first paragraph, b. similar household waste; commercial waste, cf. Pollution Act § 27a second paragraph, which in nature and composition is similar to household waste, c. food waste; usable and non-usable food that has become waste cf. the Pollution Act § 27, d. park and garden waste; biodegradable waste in the form of branches, grass and similar biodegradable waste that occurs in private and public gardens, parks and other green areas, and which is collected as a separate type of waste, e.plastic waste; plastic that has become waste cf. Section 27 of the Pollution Act, such as discarded plastic packaging, discarded single-use plastic products and the like. This includes fossil and bio-based plastic products, e.g. agricultural plastic waste; plastic waste in the form of foil (plastic round bales), PP bags (fertilizer and seed sacks), fiber cloth and solar collector foil, hard plastic packaging and similar plastic materials used for agricultural purposes, g. sorting; activity where one or more types of waste are sorted out for further processing. Sorting can take place at the source (sorting at source) or in sorting facilities for waste, h.sorting at source; any form of sorting out waste where it occurs, i. material recycling; any form of recycling where waste materials are used to produce substances or personal items that are not waste. Material recycling includes biological treatment of organic waste. The use of waste for the production of energy or materials to be used as fuel or fillers is not considered material recycling. § 10a-4. Duties for the municipality The municipality must ensure a. that food waste from households is sorted by source sorting, and that at least the following proportion of the total amount of food waste collected from households per year is sorted by source sorting: 55 per cent from 2025 onwards, 60 percent from and including 2030 and 70 percent from and including 2035, b. that park and garden waste from households is sorted by source sorting, c. that plastic waste from households that can be recycled is sorted by source sorting, and that at least the following proportion of the total amount of plastic waste that can recycled material collected from households per year is sorted by source sorting: 50 per cent from 2028 onwards, 60 per cent from 2030 onwards and 70 per cent from 2035 onwards. Source sorting of plastic waste can be replaced by other sorting if the method gives at least as high a sorting rate as with source sorting. d. that sorted food waste, park and garden waste and plastic waste from households are delivered for material recycling. The duty in the first paragraph letter d does not apply to sorted food waste and park and garden waste that is recovered by composting at the source. The Norwegian Environment Agency can provide further guidelines on plastic waste that can be materially recycled cf. first paragraph letter c. Section 10a-5. Duties for businesses that generate household-like waste Businesses that generate household-like waste must ensure a. that household-like food waste and park and garden waste are sorted by source sorting , b. that household-like plastic waste that can be materially recycled is sorted out by source sorting. Source sorting of plastic waste can be replaced by other sorting if the method provides at least as high a sorting rate as with source sorting. c. that sorted food waste, park and garden waste and plastic waste are delivered for material recycling. The duty in the first paragraph, letter c, does not apply to sorted park and garden waste that is recovered by composting at the source. The Norwegian Environment Agency can provide further guidelines on plastic waste that can be materially recycled cf. first paragraph letter b. § 10a-6. Duties for businesses that use agricultural plastic Businesses that use agricultural plastic must ensure a. that agricultural plastic waste that can be materially recycled is sorted by source sorting. Source sorting of agricultural plastic waste can be replaced by other sorting if the method provides at least as high a sorting rate as with source sorting. b. that sorted agricultural plastic waste is delivered for material recycling. The Norwegian Environment Agency can provide further guidelines on agricultural plastic waste that can be materially recycled cf. first paragraph letter a. Section 10a-7. Duties for waste treatment facilities and exporters Waste treatment facilities that accept sorted food waste, park and garden waste and plastic waste for material recycling, or those that exports such sorted waste to treatment facilities abroad, must ensure material recycling of the waste. If parts of the waste based on a balance of environmental considerations, resource considerations or best available techniques are unsuitable for material recycling, the requirement for material recycling in the first paragraph does not apply to these parts. § 10a-8.Documentation obligation The municipality must have knowledge of and documentation of the sorting percentage achieved per year cf. § 10a-4 letter a and c, as well as the annual amount of food waste, park and garden waste and plastic waste that has been sorted and delivered for material recycling. Businesses that have obligations under § 10a-5 must have knowledge of and documentation on the annual amount of food waste, park and garden waste and plastic waste that has been sorted and delivered for material recycling. Businesses that have obligations under § 10a-6 must have knowledge of and documentation of the annual amount of agricultural plastic waste that is sorted and delivered for material recycling. Waste treatment facilities that have obligations under § 10a-7 must have knowledge of and documentation of a. annual amount of sorted food waste, park and garden waste and plastic waste that has been received for material recycling, b. annual amount of sorted food waste, park and garden waste and plastic waste which is material recovered, c. annual amount of sorted food waste, park and garden waste and plastic waste which has been assessed as unsuitable for material recovery cf. § 10a-7 second paragraph and what assessments have been made for this waste. Exporters who have obligations under § 10a-7 must have knowledge of and documentation of a. annual amount of sorted food waste, park and garden waste and plastic waste that has been exported for pre-treatment before material recycling or directly for material recycling at a legal waste facility abroad, b. annual amount exported sorted food waste, park and garden waste and plastic waste that has been assessed as unsuitable for material recycling cf. § 10a-7 second paragraph, and what assessments have been made for this waste. Documentation as mentioned in the first to fifth paragraphs must be kept for at least 5 years and be available for inspection or at the request of the supervisory authority. § 10a-9. Obligation to report The Norwegian Environment Agency can establish requirements for reporting in accordance with the duties in § 10a-4–§ 10a-8. § 10a-10. Supervision The Norwegian Environment Agency supervises that the provisions in this chapter are complied with by businesses and waste treatment facilities that have permission from the Norwegian Environment Agency and exporters. The state administrator supervises that provisions in this chapter are complied with by other businesses and waste treatment facilities. The state administrator supervises the municipality’s fulfillment of duties imposed in this chapter, cf. Section 48a of the Pollution Act. II The regulation enters into force on 1 January 2023.
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