Hazardous Waste

What qualifies as hazardous waste?

Waste with toxic, flammable, or infectious properties (e.g., used oil, batteries, medical waste) is hazardous. It must be classified using specific waste codes.

Who needs a waste management plan?

Any company generating more than 120 kg of hazardous waste annually must develop a Waste Management Plan and submit it to the Ministry for approval.

Can I give waste to a scrap dealer?

No, hazardous waste must only be transferred to licensed waste management companies. Handing it to unauthorized individuals is illegal and punishable by fines.

What are the storage requirements?

Hazardous waste must be stored in secure, labeled containers within a designated area that has impermeable flooring to prevent environmental contamination.

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Hazardous waste management and associated legal obligations represent one of the most critical and strictly regulated areas of environmental law in Georgia. Hazardous waste includes substances that pose a threat to human health and the environment (toxic, explosive, infectious, flammable, etc.). Georgian legislation, in accordance with EU directives, imposes strict requirements from waste generation to its final disposal or destruction. Any company, whether a medical institution, car service center, chemical plant, or construction firm, that generates hazardous waste during its operations is obliged to comply with complex regulations. Errors in waste classification, improper storage, or transfer to an unlicensed entity lead not only to substantial financial fines but can also be grounds for criminal liability due to environmental damage.

What Does Hazardous Waste Legal Service Cover?

Our service covers legal assurance for the full cycle of hazardous waste management:

  • Waste Identification and Classification: Assigning waste codes according to the "List of Waste" approved by the Government of Georgia and determining the hazard class.
  • Setting up Temporary Storage Areas: Ensuring compliance with legal and technical standards for setting up temporary storage areas (depots) for hazardous waste.
  • Waste Management Plan: Developing the company's waste management plan and agreeing it with the Ministry of Environmental Protection and Agriculture.
  • Contract Audit: Legal analysis of contracts signed with companies (contractors) responsible for waste transportation and final disposal to insure liability risks.
  • Electronic Systems: Registration in the electronic waste management system and maintaining periodic reporting.
  • Representation During Inspections: Protecting interests during inspections by the Department of Environmental Supervision and appealing protocols.

Common Scenarios and Needs

Businesses often face problems when inspections reveal they do not separate hazardous and non-hazardous waste. For example, a printing house mixing paint cans with general trash is violating the law. Cases are frequent where a company hands over used oil or batteries to a private individual (scrap receiver) who lacks the appropriate environmental permit. In such cases, the waste generator is also fined. Also relevant is the violation of waste labeling rules, where containers do not display mandatory information about the waste type and hazard.

Georgian Legislation and Regulations

The fundamental act of the field is the "Waste Management Code", which establishes the waste hierarchy and management principles. Important Government Decrees include: "On Determination of the List of Waste and Classification" and "On Special Requirements for Collection and Treatment of Hazardous Waste". Waste transportation is regulated by a technical regulation based on ADR (International Carriage of Dangerous Goods) standards. Liability for violations is outlined in the Waste Management Code itself, where fines are quite high.

The Process: How a Specialist Works

First, the lawyer conducts an on-site audit of the company's waste. All waste streams are identified. Then, together with an ecologist, a six-digit code is assigned to each waste. The lawyer prepares a waste management plan and submits it to the Ministry. Concurrently, consultations are held on setting up the warehouse (floor impermeability, ventilation). The lawyer also checks the licenses of potential contractors to ensure the client transfers waste only to a legal operator.

Why Legal.ge?

Hazardous waste management requires specific knowledge in law, chemistry, and ecology. Mistakes here are costly and bring reputational damage. Legal.ge gives you access to qualified lawyers with experience in the waste management sector. Specialists on our platform will help you build a legal and safe waste management system, thereby avoiding environmental fines. Care for the environment and your business with Legal.ge.

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