Hazardous Waste Regulation — Definitions, Requirements and Fines
The regulation of hazardous waste in Georgia is defined by the Waste Management Code, and its foundation is the precise definitions of terms: what waste is, which waste is hazardous and which is not, who an operator is and what waste management means. This page assembles the definitions, the core requirements for hazardous waste, and the fines for violating registration rules.
The definitions are not a formality. Under the Code, waste is any substance or object which the holder discards, intends to discard or is obliged to discard; hazardous waste is waste possessing one or more of the characteristics provided for by the relevant annex to the Code. Hazardous character is therefore established by defined characteristics and not by assumption — which makes classification the first substantive compliance decision for any waste stream.
The Key Terms Governing Every Operation
The Code explicitly defines every link of the management chain. The waste generator is the person whose activity results in the generation of waste, or the person who changes the composition of waste; the waste holder is the generator or another person holding the waste; the transporter is the person carrying out transportation; the operator is the person granted the right to manage waste collection, a temporary storage facility or a processing facility. Waste management encompasses collection, temporary storage, pre processing, transportation, recovery and disposal, supervision of these activities, and the aftercare of disposal facilities.
The definition of the temporary storage facility also contains time limits: a facility where waste is stored for less than 3 years if the waste is destined for recovery, or less than 1 year if destined for disposal, save for exceptions determined by the government. These limits are linked to sanctions as well, since exceeding a period counts as a violation of the registration conditions. Alongside these, the Code defines specific waste — waste from products which, due to their characteristics and wide distribution, require specific management measures after becoming waste, such as packaging, oil, tyres, motor vehicles, batteries, accumulators, electrical and electronic devices — the category through which extended producer responsibility operates.
Core Requirements for Hazardous Waste
The generation, collection and transportation of hazardous waste, as well as its processing and storage, must be carried out in such a way as to ensure the protection of the environment and human health. It is prohibited to litter the environment with hazardous waste outside a collection container; to discharge it into the sewage system or into underground and surface waters, including the sea; to burn it outside an incinerator holding an environmental decision; and to process it outside a processing facility holding an environmental decision.
The special requirements for collection and processing are determined by a government resolution, which regulates traceability mechanisms from generation to final placement, packaging and labelling requirements, requirements for temporary storage facilities, and requirements for individual categories — including waste oil and asbestos waste. Until the exact composition of waste is established, the waste is considered hazardous, so doubtful streams must be managed under the strict regime from the outset.
Violations of Registration Rules and Fines
The Code sets exact fines for operating without registration. The collection or transportation of waste without registration in the established manner entails a fine of 1000 GEL. Recovery or disposal of up to 10 tonnes per year of non hazardous waste without registration entails a fine of 1500 GEL. The construction and operation of a pre processing facility for non hazardous waste without registration entails a fine of 2000 GEL; the same fine of 2000 GEL applies to the construction and operation without registration of a waste transfer station and of a temporary storage facility for more than 50 tonnes of non hazardous waste.
Non fulfilment of the conditions of registration entails a fine of 1000 GEL, while carrying out without registration an activity provided for by the relevant annex to the Environmental Assessment Code which was not subjected to the assessment procedure on the basis of a screening decision entails a fine of 5000 GEL. These tiers of fines show that the law disciplines even small operations with the registration requirement, and the highest sanction attaches to assessment that was avoided.
What This Means for Your Enterprise
First, classification: determine the status of your waste by the definitions, because hazardous waste immediately falls under the strict regime. Second, role: generator, holder, transporter or operator — each role carries its own requirements. Third, registration: if your operation is on the registration list, registration must be completed before the operation begins, in order to avoid the fines. Fourth, time limits: the periods of temporary storage are embedded in the definition itself, and exceeding them is a separate violation. Observing these four steps turns hazardous waste regulation into a predictable system and reduces the risk of fines to a minimum.
Frequently Asked Questions
How is it determined that waste is hazardous?
Hazardous waste is waste possessing one or more of the characteristics provided for by the relevant annex to the Code.
What are the fines for operating without registration?
Collection or transportation without registration — 1000 GEL; recovery or disposal of up to 10 tonnes — 1500 GEL; a pre processing facility, transfer station or temporary storage facility above 50 tonnes — 2000 GEL; non fulfilment of registration conditions — 1000 GEL; an assessment exempted activity carried out without registration — 5000 GEL.
For how long may waste be temporarily stored?
For less than 3 years if the waste is destined for recovery, or less than 1 year if destined for disposal, save for exceptions determined by the government.
How We Help on Legal.ge
Hazardous-waste regulation unites thresholds, prohibitions and fines in a single frame. Legal.ge assesses your enterprise's obligations, helps with registration and defends against fines. Contact us on Legal.ge — prevention costs less than the penalty.