We have covered the waste issue on Kościuszki Street in Bolesławiec several times, including in a 2022 article concerning the temporary detention of Rafał J., who already had—at that time, still not final—a conviction for storing hazardous waste.

The subject returned this year at the May session of the Bolesławiec County Council. Councillor Cezariusz Rudyk of KO, referring to a conversation with the head of the Jelenia Góra Regional Prosecutor’s Office, Maciej Prabucki, raised the issue of the aforementioned waste site. He pointed out that it contains hazardous waste. – The prosecutor is very concerned about the inactivity in this matter – C. Rudyk stressed at the May meeting of the Council. He appealed for this serious matter, in his view, not to be downplayed. He also asked when the waste would be removed.

The mayor, Piotr Roman, who was present at the County Council session, attempted to interrupt the councillor at the time, suggesting that the matter did not concern Bolesławiec. (There is a similar problem concerning the village of Łąka, in Bolesławiec Municipality).

A moment later, P. Roman officially took the floor at the session. (As chairman Maciej Małkowski explained, the mayor spoke “as the voice of the residents.”) The head of the municipal office appealed for “responsibility for one’s words.” He called the KO councillor’s speech “scaremongering” and an “abuse.” He added that he had spoken with a fire service representative, who told him that the site had been inspected and did not pose a fire hazard.

What happens next is unknown. Councillor C. Rudyk submitted an interpellation on the matter.

What does the matter look like from the prosecutor’s office’s perspective?

– The first criminal proceedings concerned waste discovered in January 2021 on Kościuszki Street in Bolesławiec. It involved 125 barrels and 52 containers – prosecutor istotne.pl is told by Marcin Zarówny of the Jelenia Góra Regional Prosecutor’s Office. – From the prosecutor’s office’s perspective, this case has been finally concluded; a conviction was handed down.

The judgment was issued in early September 2022. It became final in mid-March last year. Rafał J. was sentenced to one year in prison, suspended for two years; he was also fined PLN 40,000 and ordered to transport the waste in question to a place where it could be safely disposed of.

Prosecutor M. Zarówny: – The prosecutor’s office joined the administrative proceedings initiated by the Mayor of Bolesławiec and aimed at issuing a decision ordering the removal of the waste. Those proceedings have also been concluded. The city issued the decision very quickly, as early as July 2021.

Unfortunately, the waste is still there. The person directly concerned, convicted defendant Rafał J., is himself “complicating” the matter, among other things by refusing to accept correspondence and filing complaints. For example, the man claimed that the waste did not belong to him. The result? The case dragged on excessively, partly because the Jelenia Góra Local Government Appeals Board overturned the decision originally issued by the mayor and sent it back for reconsideration.

The Bolesławiec municipal office issued another decision on the removal of the waste in January 2023. Rafał J. also challenged this one, but his complaint was dismissed in December last year. – We know that Bolesławiec City Hall is taking steps to compel the landowner to carry out this decision. We are now concerned with whether the decision will be implemented – prosecutor M. Zarówny says. He immediately adds: – We are keeping our finger on the pulse

What if Rafał J. does not remove the waste? – If we receive confirmation that the waste has not been removed, we will request that the suspended sentence imposed on the convicted man be enforced – the prosecutor explains.

And if—despite everything—the waste is not removed by J., investigators will request substitute performance. (Bolesławiec City will then have to remove it at its own expense.)

A second set of proceedings against Rafał J. is under way. This time, it concerns additional waste discovered both on the aforementioned property on Kościuszki Street and in the trailer of a parked lorry in Łąka. (The two stories are connected because, according to investigators, J. organized these shipments.) The next hearing in the case is scheduled for the end of June.

When the waste will disappear and who will deal with it remains to be seen.

We will return to the subject.