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Bialystok. The court decided that the vulcanizer does not have to pay a fine of nearly PLN 1.4 million. The SKO appealed the decision

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Over a million zlotys with interest. Such a fine was charged by officials to the owner of the tire shop, who donated used tires to a local foundation to be used to create a garden. This was considered waste disposal. The Voivodeship Administrative Court overturned the decision to impose a fine. Now the Local Government Board of Appeal in Białystok has filed a cassation complaint.

The Local Government Appeals Board in Białystok filed a cassation appeal against the judgment of the local administrative court, which annulled the decision to charge the entrepreneur nearly PLN 1.4 million in fees for donating several dozen used tires for the construction of a pro-ecological garden, which was considered by officials as getting rid of waste.

The so-called increased fees were charged for the years 2018-2020. This is a total of over PLN 1.1 million plus interest. The amount currently exceeds PLN 1.38 million.

Sławomir Jakubowski explained in court that he had nothing to pay nearly PLN 1.4 million TVN24

They were to be used to strengthen the quays of the pond

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It is about the case of Sławomir Jakubowski, who has been running a small vulcanization plant in Suwałki for 38 years. It all started in January 2018, when the president of the Suwałki Heritage Foundation from Stary Folwark near Wigry approached him and asked for unnecessary tires. They were to be used to build a pro-ecological, permaculture garden (one in which human intervention is limited to a minimum). Specifically, to strengthen the embankments of the pond destroyed by beavers.

Sławomir Jakubowski agreed and after signing the donation agreement he brought 76 truck tires and six passenger tires to Stary Folwark.

It started with a PLN 300 fine

A month later, the controllers from the Suwałki branch of the Provincial Inspectorate for Environmental Protection decided that the tires lying on the plot (they were not dug into the ground at the time) were waste.

Sławomir Jakubowski was fined PLN 300 for giving tires to a company that does not have a permit to collect or process waste. The Foundation was to pay a thousand zlotys administrative penalty for the lack of the aforementioned permit.

The mayor had to order the tires to be removed

However, the Foundation did not want to abandon the idea of ​​creating a garden. In July 2019 – notified of the case – the head of the Suwałki commune issued a decision confirming that the tires collected on the property were collected in order to modernize the area devastated by beavers, so they are not waste. However, VIEP appealed against this decision to the Self-Government Appeal Board, which agreed with the mayor.

Read also: She learned from the advertisement that the bailiff had put her plots up for auction, although she had no debt

After VIEP appealed against this decision, the proceedings were resumed and the SKO finally repealed the mayor’s decision. So in October 2020, he had to order the foundation to remove the tires that had already been dug into the pond’s embankment by that time.

On December 28, 2020, within the deadline set by the mayor, the owner of the plot excavated tires with an excavator and handed them over to the vulcanizer. He handed them over to a recycling company.

He was punished horrendously

In December 2021, however, the vulcanizer received a decision from the Marshal’s Office in Białystok to charge him increased fees (fines) for using the environment and storing waste in 2018, 2019 and 2020 on a private plot located in a protected area ( the plot is located in the buffer zone of the Wigry National Park – editor’s note).

– I was in shock. None of the VIEP controllers told me in 2018 that I was threatened with a fine from some other institution – he said in early October in an interview with tvn24.pl.

The court annulled the decisions to charge fees

The Defender joined the case as a participant in the proceedings, still at the stage of its examination by the SKO small and Medium Entrepreneurs. He also joined the proceedings before the Provincial Administrative Court in Białystok.

Sławomir Jakubowski: I couldn’t accept that it was definitely such a sum (material from October 13, 2022)TVN24

In October, he repealed the decision to charge fees: both the Marshal’s Office in Białystok and the local SKO. The Local Government Board of Appeal is also to pay the entrepreneur over PLN 22,000. PLN court costs.

Complaint handling procedures are underway

The judgment is not final. A cassation complaint filed by the SKO was submitted to the Voivodship Administrative Court.

According to the information obtained by the Polish Press Agency in the administrative court, formal procedures related to the acceptance of the complaint are underway. If all are completed, he will take care of the matter The Supreme Administrative Court.

The case was considered by the Provincial Administrative Court in Białystok

Main photo source: Shutterstock



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