Niedopełnienie przez gminę obowiązku adekwatnego odbierania odpadów

In practice, in the implementation of municipal waste collection obligations by a commune, a situation may arise in which waste is collected from property owners under standard regulations functioning in the commune, but the “production” of waste is greater (non-standard), which means that the waste does not fit into a container or trash enclosure. A question then arises as to the manner of handling such waste and the possibility of applying the mechanism provided for in Article 6s of the Maintaining Tidiness and Order in Communes Act, according to which, if the commune does not fulfill the obligation to collect municipal waste from property owners, the property owner is obliged to transfer municipal waste, at the expense of the commune, to an entity collecting municipal waste from property owners, entered in the register of regulated activities. The subject of the article is the analysis of the legal and factual solutions regarding possible ways of proceeding in the aforementioned situation.