Transporting hazardous waste without a permit - why is it a bad idea?
The transport of hazardous waste can only be carried out by companies that have special permits. But what if such a document is missing? Or when a company takes a conscious risk of supplying this type of waste illegally?
Contact regarding hazardous waste transport permit
e.nadolna@ekologistyka24.pl , +48 881 045 376
j.blazewicz@ekologistyka24.pl , +48 500 867 153
Why is transporting hazardous waste without a permit a bad idea?
Transporting hazardous waste without the appropriate permit violates national and international regulations, such as the European ADR Convention (concerning the carriage of dangerous goods by road). Such activities carry numerous risks:
- Risks to the environment and public health - Improper handling of hazardous waste can lead to contamination of soil, water and air. It can also pose a risk to human and animal health.
- Legal and financial penalties - Failure to obtain a permit can result in heavy fines. In some cases also criminal liability, including imprisonment.
- Loss of reputation - Companies transporting waste without the required permits risk losing the trust of customers and business partners.
Penalties for not having a hazardous waste transport permit in different countries
As a haulier, you are sent to various corners of Europe and you should know what you may be liable for transporting waste, in addition to hazardous waste, in an illegal manner. It may happen that you carry out such transports unknowingly. However, it is your responsibility to make sure you have all the necessary documents to be protected during an inspection. Find out what you could face in the various countries if you are found to be transporting waste illegally during an inspection.
Poland
In Poland, the transport of hazardous waste is regulated by Waste Act (as amended) and ADR regulations. Failure to obtain a permit is punishable by a fine from PLN 5,000 to even PLN 1,000,000. In addition, the haulier may be punished by withdrawal of the transport licence.
Germany
German legislation, including the Closed Circuit Act (KrWG) and the Hazardous Goods Transport Act (GGVSEB), impose severe penalties for the illegal transport of hazardous waste. Fines can reach up to EUR 50 000, with a prison sentence of up to two years for serious violations.
Netherlands
In the Netherlands, the law resulting from the European ADR Agreement and the national regulations set out in the Act of Wet Milieubeheer. Failure to obtain a permit may result in a fine of up to EUR 100 000and confiscation of the vehicle.
England
In England, the regulations governing the transport of hazardous waste are found in the Environmental Protection Act 1990 and Hazardous Waste Regulations 2005. Failure to obtain the relevant permits may result in a fine of up to £50,000 or a prison sentence of up to five years.
Other European countries have also taken steps to penalise transporters for the unlawful transport of hazardous waste. Therefore, even if you are not on the above list, you still need to be on your guard.
How to avoid penalties for transporting hazardous waste?
- Register your business with the relevant authorities - For example, in Poland, any company transporting waste must be entered in the BDO register.
- Obtain transport permits - Apply for a hazardous waste transport permit from the local environmental authority in your country. You can also outsource to an experienced company. It is better to rely on qualified advisors than to risk making a - sometimes very costly - mistake
- Train your staff - The drivers and staff employed should have the appropriate ADR certificates and be familiar with hazardous waste regulations.
- Regularly update the documentation - All documents, such as transport contracts and ADR waybills, must comply with current regulations.
- Use transport monitoring systems - The implementation of GPS technology and the recording of movements can help avoid non-compliance.
Given the amount of knowledge required to transport hazardous waste in an environmentally sound manner, it is not difficult to make mistakes. It is also worth mentioning the obligations incumbent on the transporter and his employees, which can be overwhelming. Therefore, in order to make sure that a company is well prepared to carry out hazardous waste transports, it is a good idea to work with an experienced consultancy. Do you have questions about documents or the waste transport permit? Call or write to us.
