Any professional who produces or holds waste is responsible for its management until its elimination or recovery, even in the event of treatment by a third party.
Sanctions
In the event of failure to meet specific obligations in terms of waste management and recycling, the professional faces a two-year prison sentence and a fine of 75,000 euros. Rather you can opt for the junk removal fairfax for the best quality in the perfect price.
Some particularities of the regulation of the activity
Waste nomenclature
The professional is required to determine the nature of the waste for which he manages.
Compliance with the national waste prevention and management policy
The professional exercising the activity of waste management and recycling is required to respect the national policy of prevention and waste management. This policy aims to promote the so-called circular economy.
As such, the professional is notably required to:
- Prevent and minimize the production and harmfulness of waste
- Respect the hierarchy of waste treatment methods
- Ensure that waste management does not harm human health or the environment
- Respect the principle of proximity by ensuring that the transport of waste is limited in terms of distance and volume
- Ensure to improve the efficiency of resource use and to save exhaustible resources
Obligation to keep a waste treatment registers
The professional who manages the waste and its recycling must, in order to ensure their traceability, keep an up-to-date chronological register of the waste entering and leaving his facility, mentioning there:
- Nature
- Treatment
- Shipping
In addition, each year, the professional is required to annually declare the nature and quantities of this waste. The professional must keep this register for at least five years.
Waste transport
The professional who, during his activity, ensures the transport of waste is required to declare his company, as soon as the quantity of waste transported:
As soon as he meets these conditions, the professional must send a declaration file to the prefect of the department where his head office is located.
To note
Some professionals are not required to comply with this requirement, and in particular ICPE operations falling under heading 2790 of the ICPE nomenclature (Treatment of hazardous waste).
Subscribe to financial guarantees
The professional is required to take out financial guarantees as soon as his activity relates to installations classified for the protection of the environment and subject to authorization.
These financial guarantees can result from:
- A written commitment from a credit, insurance, financing or mutual guarantees institution
- A written commitment providing an independent guarantee from a person holding more than half of the operator’s capital
- These financial guarantees must be established for a minimum period of two years and must be renewed at least three months before their expiry
These financial guarantees aim to cover the risks related to the expenses for:
- Securing the professional’s operating site
- Interventions in the event of an accident or pollution
- The restoration of the site after its closure.
