Regulations on Trial Operation of Waste Treatment Facilities after the Issuance of an Environmental Permit (EP)
(Pursuant to Article 31 of Decree No. 08/2022, as amended and supplemented by Decree No. 05/2025 and Decree No. 48/2026)
1. Waste treatment facilities NOT subject to trial operation include:
- Sedimentation ponds of mineral extraction projects;
- Emergency ponds of wastewater treatment systems (except those combined with biological ponds);
- Dust and exhaust gas collection systems in cases where no treatment system is required, including emission control systems for boilers, heaters, and generators using gas or DO oil; crematorium exhaust systems; dust collection systems from conveyors, silos, and material storage;
- On-site wastewater treatment works; septic tanks; grease traps for canteen wastewater; integrated treatment units compliant with legal requirements and environmental technical standards;
- Cooling water treatment systems using chlorine or disinfectants;
- Waste treatment facilities of expansion projects without changes compared to previously issued EPs;
- Facilities of projects operating before January 1, 2022 applying for an EP, except where upgrades or technological changes are made;
- Facilities under EP issuance, adjustment, or reissuance with no changes compared to previous permits (except where raw materials or processes increase pollutants);
- Wastewater treatment systems where treated water is fully reused or recycled;
- Systems where treated wastewater is connected to centralized wastewater treatment systems;
- Air emission treatment systems with capacity less than 5,000 m³/hour.
2. Projects NOT subject to EIA but requiring an EP:
Must conduct trial operation of waste treatment facilities concurrently with:
- The trial operation of the entire project, or
- Each investment phase, or
- Independent waste treatment units,
after completing:
- Construction and acceptance of facilities in accordance with construction laws;
- Installation of automatic and continuous monitoring systems.
3. Projects subject to EIA and requiring an EP:
Must conduct trial operation of waste treatment facilities in accordance with the issued EP:
- Concurrently with the entire project;
- Or by investment phases;
- Or by independent waste treatment components.
4. Notification and reporting obligations:
- The project owner must notify the permitting authority at least 10 days prior to trial operation;
- A trial operation report must be submitted at least 20 days before completion
(45 days for hazardous waste treatment or imported scrap projects).
5. Duration of trial operation:
- Determined by the project owner;
- Must ensure monitoring requirements;
- Must not exceed 06 months from commencement;
- Extension (if required) must be notified in writing, stating reasons, and shall not exceed 06 additional months.
