Waste codes at a biogas plant: how to choose a code from the catalogue and avoid mistakes (groups 02, 16, 19, 20)

A waste code is a six-digit number from the waste catalogue (regulation of the Minister of Climate of 2 January 2020, Dz.U. 2020 item 10), assigned according to the source of generation of the waste, and not according to what you will do with it. The first two digits denote the group, four the subgroup, six the type. For a biogas plant it is the code that goes into the permit, the KPO, the KEO and reports, so a mistake runs through all the documentation.

Rules for choosing a code

The catalogue sets out the order of searching:

1. Wastes are classified according to the source of generation in groups 01–12 or 17–20, choosing the appropriate six-digit code (excluding codes ending in 99).
2. If there is no suitable entry, the waste is classified in groups 13–15.
3. If there is still none — in group 16 (wastes not otherwise specified).
4. If there is no entry in group 16 either — in the source group, with the code ending in 99 (“wastes not otherwise specified”).

Additional rules: packaging waste that is municipal waste, collected separately or mixed, is classified in subgroup 15 01, not 20 01. Codes marked with an asterisk are hazardous wastes; for so-called mirror codes the hazardous code is chosen only if the waste actually contains substances giving it hazardous properties. For wastes from on-site wastewater treatment plants of agri-food processing (e.g. 02 02 04, 02 05 02, 02 07 05) the designation “br” is added before the code if the waste comes exclusively from processing agricultural products and industrial wastewater has been separated.

Codes of typical substrates

Note on animal waste: the catalogue contains codes such as 02 02 02 (animal tissue waste) or 02 02 81 (specified and high-risk material), but the admissibility of processing them at a biogas plant is regulated by the provisions of Regulation (EC) No 1069/2009, not by the code itself.

Codes of waste generated

A biogas plant processing waste generates waste in subgroup 19 06 (wastes from anaerobic treatment of waste; this does not apply to digestate from substrates that are not waste):

• 19 06 03 — liquor from anaerobic treatment of municipal waste;
• 19 06 04 — digestate from anaerobic treatment of municipal waste;
• 19 06 05 — liquor from anaerobic treatment of animal and vegetable waste;
• 19 06 06 — digestate from anaerobic treatment of animal and vegetable waste.

From composting: 19 05 03 — compost not meeting requirements. Fats from oil/water separation containing only edible oils and fats are 19 08 09.

Four quick examples

• Stillage from a distillery — the source is beverage production, so we look in group 02 07; the catalogue has the entry 02 07 80 (pomace, must sediments and digestate, stillage).
• Whey from a dairy — group 02 05, entry 02 05 80 (waste whey).
• Frying oil from a restaurant — edible oils and fats are 20 01 25; if it is fats from oil/water separation containing only edible oils and fats, the correct code is 19 08 09.
• Leftovers from a canteen kitchen — 20 01 08 (biodegradable kitchen waste).

In each of these cases the deciding question is “who generated the waste, and in what process”, and not “what substrate is it”.

What not to do

• Do not classify slurry, manure and straw as waste despite code 02 01 06 in the catalogue: excrement covered by Regulation (EC) No 1069/2009 and straw and other natural non-hazardous substances from agricultural or forestry production, used for energy production from biomass, are excluded from the scope of the Act (Article 2(6)).
• Do not choose a code by intended use (“it is a substrate, so 02 xx”), but by the source of generation.
• Do not use 99 if a specific entry exists.
• Do not change the code along the way: waste has one code from the producer to the processor, unless a new waste is generated in the process.

Code selection procedure

1. Establish who generated the waste and in what process (sector, stage).
2. Find the group 01–12 or 17–20 corresponding to the source.
3. Choose the type matching the description and composition; check whether it is a mirror code.
4. If there is no entry in the source group — groups 13–15, then 16, and finally 99.
5. Agree the code with the supplier and enter the same one in the KPO, the permit and the contract.
6. For mixtures of wastes from different sources, consult the authority or an adviser about the classification — the catalogue does not settle everything in one sentence here.

Why it is worth sticking to the codes

The code determines which wastes you can receive at all (the permit specifies the types and masses of waste, Article 43(2)), which hygiene requirements apply and what the records in BDO look like.

This text is for information only and does not constitute legal advice; before an investment or formal decision, check the current wording of the regulations and consult a lawyer or the competent authority.