Definition of hazardous waste

Hazardous waste

Any waste is considered hazardous if it has one or more hazardous properties (indicated by the abbreviation “HP” with a number).

Any waste that does not have any of the properties that make a waste hazardous is considered non-hazardous.

Non-hazardous waste that contains hazardous waste is considered hazardous waste (for example: a jerry can of petrol).

FYI  

In order to identify with certainty whether a waste is hazardous waste, the company must find its number. A decision by theEuropean Union lists all categories of waste. They are detailed in theindex document.

The hazardous waste is indicated by an asterisk (*), after their 6-digit number.

Classification of waste categories

European Union

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One European Commission document provides technical recommendations for the classification of waste. It can help understand how to classify waste and identify hazardous waste.

Persistent Organic Pollutants (POPs)

Persistent organic pollutants are a set of substances that degrade slowly, accumulate in living organisms, are toxic and easily transported over long distances.

They are listed in Annex IV to a European regulation, the text of which is regularly updated by Parliament.

Liability of the producer or holder of the hazardous waste

Any company who proceeds or holds hazardous waste is responsible for its management.

It must ensure that the waste is disposed of (or disposed of by a third party) under conditions that minimize harmful effects on the environment.

Characterization of hazardous waste

Any company that manages hazardous waste must characterize and classify.

The characterization of hazardous waste can be based on several elements: observation, knowledge of the processes that led to the production of the waste, bibliography, analyzes, etc.

Hazardous substances and mixtures shall be classified by specific hazard types and hazard categories (level of hazard):

• Physico-chemical hazard (e.g. flammable liquid)
• Health hazard (e.g. acute toxicity, carcinogenicity)
• Environmental hazard (e.g. ozone layer, aquatic environment).

Hazardous and substances of very high concern to be identified

Any company holding waste must identify whether its waste contains substances subject to authorization under the European REACH Regulation on chemicals. These substances are listed on the European Chemicals Agency (ECHA) website. They are considered to be substances of "very high concern".

Any company holding waste must also identify whether its products contain hazardous substances indicated in the annex to that order.

Packaging and packaging

Any company holding waste shall to package or package its hazardous waste. This packaging or wrapping must:

• Prevent content loss
• Consists of materials that are not likely to be damaged by the contents
• Be strong and resistant
• Be fitted with closing devices
• In some cases, be fitted with child-resistant fastenings and tactile safety markings.

Labeling

Content and format of the labeling

The company holding the waste must affix a labeling on packages or containers, which shall indicate in particular the following:

• Name, address and telephone number of the supplier(s), including, if the waste-holding company is one, its own
• Hazardous products identifiers: at least one name and identification number
• Nominal Quantity of the substance or mixture in the package made available to the general public, unless that quantity is specified elsewhere on the package
• Hazard pictograms showing hazard categories of waste: explosive, flammable, oxidizing, gas under pressure, corrosion, toxic, irritant, dangerous to health, dangerous to the environment
• Warning ("caution" or "danger")
• Risk phrase ("fire or projection hazard", "fatal if swallowed", etc.)
• Relevant safety advice (“Store only in the original container”, “Protect from moisture”, “Keep out of the reach of children”)
• In some cases, other mandatory particulars.

Information on substances of very high concern and dangerous substances

Companies holding waste must also indicate the presence of substances of very high concern or dangerous substances on their products. This shall apply as soon as one of the substances concerned is present in concentrations higher than 0.1% as a percentage by mass of a substance, mixture or article.

This indication shall be in the form of a statement " Contains substance of very high concern for substances covered by the REACH Regulation.

A statement " Contains hazardous substance ' shall be affixed for the substances indicated in the annex to that order.

This statement shall be entered by marking, labeling, display and by any other method that would appear appropriate to the company.

Who is affected by the hazardous waste reporting?

Any company holding waste must declare any hazardous waste it manages. This is particularly the case for companies that:

• Product hazardous waste or waste containing persistent organic pollutants (POP waste)
• Collection hazardous waste or POP waste, including small quantities
• Recondition or transform hazardous waste or POP waste
• Holds hazardous waste or POP waste for which the producer is not known and shall be handed over to a third party.

Exemptions from the reporting obligation

Certain wastes are excluded from this obligation. The following cases are not subject to the reporting obligation:

• Disposal of waste oils to waste oil collectors or to waste oil collectors.
• Notification of cross-border shipments of waste.
• Authorization to deposit hazardous waste in waste disposal facilities.
• Authorization to deliver hazardous waste to a collector of small quantities of hazardous waste.
• Submitting to the obligations of Extended Producer Responsibility (EPR) sectors.

If the waste-holding company is concerned by this exemption, it shall keep a follow-up record of such waste.

Hazardous waste reporting via Trackwaste

The state has put in place a on-line service for waste tracking slip management. It's about Trackwaste.

The company holding the waste must declare its hazardous waste on this gate.

This declaration shall be made via waste tracking slips, in a dematerialized manner, on the platform.

Managing the traceability of waste and asbestos (Trackwaste)

In particular, the company holding the waste must declare information concerning its hazardous waste, namely:

• Quantity, nature and origin of waste that the company produces, returns to a third party or takes over
• And, where appropriate, the destination, frequency of collection, means of transport and method of treatment or disposal envisaged for such waste.

When should the information be reported on Trackwaste?

The company holding the waste must edit tracking slips hazardous waste in Trackwaste whenever the hazardous waste is :

• Processed or treated : the processor indicates on the waybill the next destination of the hazardous waste.
• Received by a new person and that this refuse waste management: the person refusing the waste shall immediately indicate on the list the reason for refusal.
• Received by a new person and that this accept waste management: the person accepting the waste shall indicate in the list, within one month of receipt, the treatment to which the waste has been subjected. The waybill must be amended again if the waste is treated after this period.

Penalties provided for

The company concerned by the management of hazardous waste risks a penalty in case of no declaration or incorrect information. 2 penalties are provided for:

• 4 years imprisonment and €150,000 of fine (natural person), or €750,000 of fine (legal persons).
• The fine for contraventions of 4^e class: by amount of €750 (natural person), or €3,750 (legal persons)

These penalties can be cumulative.

General rule

He is ban on mixing hazardous waste :

• Of a category, with hazardous waste of different categories
• With non-hazardous waste
• With substances, materials or products that are not waste.

Derogatory procedure for the authorization of mixtures of hazardous wastes

By way of derogation, mixed operations of hazardous waste may be permitted. They may take place only if these mixing operations:

• Are carried out in a classified installation for the protection of the environment (ICPE) subject to authorisation or to recording
• Perform according to the best available techniques
• Are carried out without endangering human health or the environment
• Do not exacerbate the adverse effects of such wastes on human health or the environment.

In order to obtain this derogation, the company holding the waste must establish a file including the following:

• Description of the types of waste to be mixed
• If applicable to the application, description of the types of substances, materials or products intended to be mixed with the waste
• Description of the planned mixing operations, specifying whether these are best available techniques
• Measures envisaged to limit hazards and disadvantages for: convenience of the neighborhood, public health, public safety, public health, environmental and landscape protection, economical land use, rational use of energy and conservation of sites and monuments
• Procedures put in place to avoid inappropriate mixing (which would not be carried out according to the best available techniques or which would endanger human health, harm the environment or aggravate the harmful effects of mixed waste)
• Organizational and operational measures in the event of inappropriate mixing, including those to prevent risks to the environment and human health pending the separation of materials or their transfer to a suitable facility.

These elements must be sent to the prefect of department. The latter will provide a response within 15 days via a draft order. The draft order may impose additional measures, mitigate those that the company has proposed, or seek clarification. The prefect may also decide to reject the application.

Record keeping for companies permitted to mix

If the waste-holding company is permitted to mix hazardous waste, it must maintain a register including the following:

• Elements of justification for the implementation of all the measures prescribed by the decree authorizing mixtures
• List of waste concerned and its classification according to the nomenclature
• In the case of chemical substances, the list of substances and their Chemical Abstracts Service (CAS) Registry
• If this concerns the activity of the company holding the waste, the list of materials and products mixed with the hazardous waste.

Penalty for mixing of unauthorized hazardous waste

Company holding waste involved in hazardous waste management is at risk a penalty in the case of mixing of unauthorized hazardous waste. It's from 4 years imprisonment and €150,000 of fine (natural persons), or €750,000 of fine (legal persons).

The following activities are subject to specific obligations :

• Transport of dangerous goods
• Transport of hazardous waste
• Trading and brokering of hazardous waste.

Failure to comply with these obligations may result in sanctions.

It is advisable to inquire with his professional organization or prefecture (Regional Directorate for the Environment, Planning and Housing, DREAL).

Some hazardous waste needs to be sorted, transit or grouped. Hazardous waste should generally be treated or incinerated with a view to their disposal. Some waste may be temporarily or permanently stored.

All these operations concerning hazardous waste must be carried out in classified installations for the protection of the environment (PCI). The company holding the waste must comply with the regulations applicable to these installations.

The PCI nomenclature identifies the type of PCI that can receive its waste for disposal.

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

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