Conformable Government Decision no. 501 of 29.05.2018 for the approval of the Instruction on keeping records and transmitting data and information about waste and its management, waste holders, regardless of the type of activity, type of property, legal form of organization and source of financing are obliged to prepare and present data and information about waste and its management.
Accordingly, in order to facilitate the reporting of waste data and information and its management, waste holders must keep a monthly record of the waste generated and report the collected data annually to the Environment Agency until April 30 of the year following the management year, ensuring the quality of the information presented.
CAREFUL! Entities responsible for recording and managing waste keep their records for 12 months, in the case of non-hazardous waste, and for 3 years, in the case of hazardous waste, with the exception of units and enterprises transporting hazardous waste, which must keep it for at least 12 Monday, providing these records to the regulatory authority upon request.
Individuals and small and medium-sized enterprises, institutions or other entities whose waste is collected by local public administration authorities, through municipal waste management operators, are exempt from the above-mentioned requirements.
Based on the provisions of the legal framework, each holder of waste must:
I. Properly classify the generated waste
Respectively, for the classification of waste individually, public authorities, economic agents have the obligation to code them with 6 digits, in accordance with the List of waste (annexed), approved by decision Government no. 99 of January 30, 2018 and following the following procedure:
- the waste-generating activity of the head is identified. 01-12 or 17-20;
- identify the sub-chapter in which the waste falls;
- identify, within the subchapter, the waste individually, according to the corresponding code, consisting of 6 digits, excluding the codes ending with 99;
- if the waste is not identified at the head. 01-12 or 17-20, it is examined to identify the waste ch. 13, 14 and 15;
- if the waste is not identified in the head either. 13, 14 and 15, chapter is examined. 16;
- if the waste is not identified in the head either. 16, then the codes with the ending 99 – other waste, corresponding to the activity from which the waste originates, are examined for identification.
In the case of a type of waste that, according to the Waste List, falls under two different codes, depending on the possible presence of some hazardous characteristics (the codes marked with an asterisk), the classification as non-hazardous waste is carried out by the producers and owners of such waste only on the basis of an analysis of the origin, tests, analysis bulletins and other relevant documents.
For the evaluation of the hazardous properties of the waste, the criteria established in annex no. 3 to Law no. 209 of July 29, 2016 on waste, including those that refer to:
- the presence of hazardous substances due to which the respective waste exhibits one or more hazardous properties;
- limit values related to each substance. If a substance is present in the waste below its limit value, the substance is not included in the calculation of any threshold;
- concentrations of substances in that waste and other criteria.
The assessment of the hazardous properties of a waste and its classification as hazardous can be carried out, as appropriate, using the provisions of the national legislation on the classification, labeling and packaging of substances and mixtures referred to in Law no. 209 of July 29, 2016 on waste.
If the hazardous property of a waste has been evaluated on the basis of a test, carried out using the applicable test methods, and by using the concentrations of hazardous substances according to the indications in annex no. 3 to Law no. 209 of July 29, 2016 on waste, the test results prevail.
II. Keep monthly records of waste generated
In accordance with art. 4 of Government Decision no. 501 of 29.05.2018 for the approval of the Instruction on keeping records and transmitting data and information about waste and its management, waste holders must to keep monthly chronological records of the amount, nature and origin of waste generated/received on the same site, completing a separate file for each category of waste it generates/receives, according form no. 1, complying with the requirements specified in annex to the form from HG 501/2018.
III. Annually report the waste generated
In accordance with art. 4 of Government Decision no. 501 of 29.05.2018 for the approval of the Instruction on keeping records and transmitting data and information about waste and its management, waste holders, that generate more than 50 kg of hazardous waste or more than 1 ton of non-hazardous waste, must report annually to the Environment Agency the total amount of each category of waste that they generate/receive/collect, as well as the information with regarding their management, until the date of April 30 of the year following the management year, in accordance with form no. 2 and the requirements listed in annex to the form from HG 501/2018.
Careful: If errors are noticed in the presentation of the data provided by the waste holders, they will be informed by the Environmental Agency through the Environmental Protection Inspectorate and will have a period of 14 working days from the receipt of the request to liquidate the deficiencies identified in record report on waste data and information and its management. Failure to comply with the provisions regarding record keeping and transmission of data and information about waste and its management entails disciplinary, contraventional, criminal or civil liability, as the case may be.