The current legislation in force in the area of environmental protection allows remedial measures to be imposed almost exclusively on the person who caused the objectionable condition by breaching a legal obligation. This is also the case in the area of waste management, i.e. according to Act No. 185/2001 Coll., on waste and on the amendment of certain other laws (hereinafter referred to as the Waste Act), the Czech Environmental Inspectorate (hereinafter referred to as the Inspectorate) can set measures and deadlines for remedial action only in connection with the imposition of a fine for violation of established obligations (Section 76, Paragraph 1, Letter c) of the Waste Act) only to waste generators. In cases where the generator of the waste is unknown, from the perspective of the Waste Act, only Sction 79, Paragraph 1, Letter f) is applicable to a certain extent, according to which: "if damage to human health and the environment threatens or has already occurred, the municipal authority of the municipality with extended powers can ensure the protection of human health and the environment at the expense of the responsible person".
First of all, it is necessary to prove that there is an immediate threat to human health or the environment. Regarding the payment of the costs of the said measure by the responsible person, the prevailing interpretation here is that a municipal authority with extended powers in cases of direct threat to health or the environment ensures the removal of waste even when it is unable to identify the responsible person, i.e. when the costs incurred by the municipal authority cannot be refunded.
Currently, there is no legal regulation in the Czech Republic that would solve the issue of illegal dumping and similar cases in a comprehensive manner and with sufficient effectiveness. The Inspectorate is a body of public authority and as such is authorized to act only on the basis and within the limits of the law; therefore, it can only use such means as are expressly entrusted to it by law. We recommend that you resolve the situation, i.e. find remedial options according to the above, at the level of the relevant municipal office of the municipality with extended powers and the relevant regional office.