Are you an entrepreneur who generates waste? Do you want to know whether you can transport them to the site for further development on your own? We dispel doubts about the company's own waste transport and tell us what to remember.
Is it possible for the company to transport waste independently?
According to the law in force in Poland, an enterprise that generates waste can transport them independently to the entity responsible for their further management. There is one condition: it must be entered in the BDO register as a manufacturer. However, there is no need to obtain an entry in section VII of the BDO - "transporting waste".
BDO – what is it?
BDO is the Waste Database (or more precisely, the Database on Products, Packaging and Waste Management), i.e. an integrated ICT system that consists of, among others, from the BDO register and modules for environmental recording and reporting. It allows collecting and managing all waste information, which aims to improve overall recycling levels as well as reduce the gray zone and illegal dumping.
Independent transport of waste by the company – what to remember?
Transporting waste independently by an enterprise is a demanding task. There are a few things to mention entrepreneur should remember, if he wants to implement them without exposing himself to the risk of punishment.
- Obtaining an entry in the BDO register as waste producer. The scope of the entry must cover all waste, including dangerous. The latter are marked in the waste register with a top index in the form of an asterisk "*". In the case of a waste producer who transports waste on his own to the entity responsible for its further management, such an entry is sufficient to undertake independent transport.
- The above rule has some limitations. If the entity deals with the transport of waste other than those produced by themselves (e.g. on the basis of lending a means of transport) an additional entry is required in the BDO in section VII (as "transporting waste"). Importantly, waste can only be transported within Poland. Cross-border shipments of waste are covered by additional regulations on a case-by-case basis requires obtaining the necessary permits.
- There are no limits on the amount of waste (including hazardous waste) that the company producing them can transport to the entity responsible for their further management. Waste limits apply to permits to generate waste if its weight exceeds 1 Mg per year in the case of hazardous waste or 5000 Mg per year - in the case of non-hazardous waste. Quantity limits also apply to cross-border transport.
- An entrepreneur who independently transports the waste he generates must ensure that it is disposed of the transport did not pose a threat to the natural environment and met all requirements contained in the law. For example, in the case of hazardous waste, the provisions of the Act of August 19, 2011 on the transport of dangerous goods (Journal of Laws of 2011, No. 227, item 1367, as amended) should be applied. In matters not regulated by law, the following contracts apply:
- ADR – is a European agreement that concerns the international transport of dangerous goods by road. It was drawn up in Geneva on September 30, 1957, and Poland ratified it in 1975 (Journal of Laws of 2019, item 769),
- RID – these are the regulations for the international carriage of dangerous goods by rail, which constitute Annex C to the Convention on International Carriage by Rail drawn up on May 9, 1980 in Bern (COTIF – Journal of Laws of 2017, item 1355),
- DNA – is a European agreement that concerns the international transport of dangerous goods (ADN) by inland waterways. It was concluded in Geneva on May 26, 2000 (Journal of Laws of 2010, item 1537).
The second important legal act that entrepreneurs who independently transport the waste they generate must comply with is the Regulation of the Minister of the Environment of October 7, 2016 on detailed requirements for the transport of waste (Journal of Laws of 2016, item 1742). It defines, among others: methods of transport and required marking of means of transport.
There are no regulations that would not allow an enterprise that produces waste (including hazardous waste) to transport it on its own to a place where it will be properly managed. However, this transport must take place in accordance with applicable regulations and rules regarding the safety of the environment, property and human health and life. If meeting strict standards is not an option, it is better to entrust waste transport to specialized entities. This will avoid possible penalties for improper management.
