How much can waste transport fines really cost - and how to avoid them?

Being unaware of the law does not protect a haulier from the consequences. A roadside check can take you by surprise when you least expect it. No entry in the BDO, an out-of-date permit in a given country, a wrongly selected waste code or failure to declare in SENT - these are mistakes that can result in high penalties. What is more, it is not only the driver, but also the transport company that bears the costs. Therefore, it is worth knowing what regulations apply and how to prepare so that waste transport fines are not a problem.

On what basis are financial penalties imposed?

The transport of waste is a strictly supervised activity, as it concerns materials that can endanger the environment. Hauliers must therefore comply with a number of regulations. Each regulation implies obligations, and violating them means risking a fine.

Regulations in Poland

The most important act is Waste Act. It specifies that the carrier must be duly authorised and registered in the system of BDO. Failure to register means that the company is operating outside the system and risks a financial penalty.

The second key document is Act on the road and rail monitoring system. This is because it introduces a system SENTwhich is a register of shipments of sensitive goods, including waste. Each transport must be declared and the data updated in real time. If a haulier fails to do this, an inspection will quickly detect it.

In the case of hazardous waste, the following are also involved Contract ADR. These are regulations for the carriage of goods that pose a risk due to their hazardous properties (e.g. toxicity, flammability, radioactivity). The driver must have the correct training and the vehicle must have the correct markings and equipment. Failure to have any of these items is another risk of a penalty.

Regulations in the European Union

At EU level, it is crucial to Regulation (EC) No 1013/2006. It regulates transboundary shipments of waste. In many cases, notification of the shipment, approval of the consignee and confirmation of the waste transfer in the system are required.

A new feature is Regulation (EU) 2024/1157which introduces the digitalisation of procedures in cross-border waste shipments. As a result, inspections are faster and the detection of errors is greater. This means that the haulier has to reckon with the fact that oversights come to light almost immediately.

In conjunction with the above regulations there is Basel Convention, which regulates the shipment of hazardous waste. It sets out how international shipments should be handled, forms of waste management and procedures in the event of emergencies.

Local regulations should not be forgotten either. E.g. in Germany this will be the Kreislaufwirtschaftsgesetz, or the Closed Circuit Act. Compliance with its provisions is the responsibility of, among others. BALM (formerly BAG), in Austria the Federal Environment Agency (Umweltbundesamt) ensures that the rules of the Abfallwirtschaftsgesetz (Waste Management Act) are adhered to. In the Netherlands, however ILT (the equivalent of the Polish Road Transport Inspection) checks that the carriers comply with the rules Wet milieubeheer, the local Environmental Protection Act. Each of these authorities has the right to stop the transport and impose a financial penalty.

Waste transport fines - which errors are penalised?

How much do waste transport errors really cost?

Attention: The following examples of fines and penalties are the most common situations. This is not a closed catalogue. In many cases, the amount of the fine is not pre-determined by the legislation, but determined individually by the inspection authority. The amount and type of waste, the degree of danger to the environment, the extent of the infringement and previous infringements on the part of the haulier or company, among others, are then taken into account. This means that, in extreme cases, the amount of the fine may be higher.

Poland

• BDO register offencesfor which Waste Act provides for penalties of between PLN 1,000 and PLN 1 million, these include:
  • Transport of waste without an entry in the register
  • Intentional reclassification or mixing of waste
  • Outsourcing waste management services to unauthorised entities
  • Failure to include BDO registration number on documents
  • Failure to keep or inadequately keep waste records
  • Transport of waste without proper vehicle marking
• Offences related to SENT declarationsfor which Act on the road and rail monitoring system transport of goods, provides for financial penalties are:
  • Failure of a carrier to make a declaration in the SENT system - PLN 20,000
  • Failure to enter the required data in the application - PLN 10,000
  • Failure to provide geolocation data of the means of transport during transport - PLN 10,000
  • Non-delivery of goods covered by the declaration within the country - PLN 100,000

Germany

Based on catalogue of penalties Amongst others, fines can be distinguished for:

• Lack of documentation or improperly completed documentation that should accompany a waste shipment - up to €1,500
• Illegal shipment of waste - up to €50,000
• No "A" plate on the bonnet of the vehicle - up to €1,000

Netherlands

Here, the amounts are not derived from a predetermined price list, but are the result of a case-by-case analysis and the final fine is calculated on the basis of this:

• Lack of documents regarding waste transport - €1,000 - €2,000
• Failure to confirm notification in cross-border transport of hazardous waste - up to €100,000

EU - general provisions

• Illegal transport of waste - administrative penalty of up to 46% of the value of the shipment
• Serious violations - imprisonment and fines, the amount of which is determined according to the degree of environmental damage

How to avoid waste transport fines?

The driver of a Czech company was transporting waste through Poland and wanted to deliver it to Lithuania. During a routine ITD check, it turned out that while he was registered in BDO, he had unfortunately not prepared a declaration in the SENT system. The result? A fine of PLN 20,000 for the company and an additional fine for the driver. The order lost its profitability and the haulier had to explain to the client why the delivery had been stopped.

There are more such stories and they also concern Polish hauliers. Customers have reported to us that they have had to pay several thousand euros just because the driver did not have a set of documents with him or the waste code did not match the load.

However, everything has changed since they started working with us. What do we do for them?

• We check and update waste transport permits
• We prepare documents related to BDO, SENT and cross-border transport
• We support you in your dealings with inspection authorities, also abroad
• We advise in crisis situations

That way, even if an inspection surprises them, they know what to do and the whole process goes smoothly and without stress for the driver.

Investing in peace of mind and good preparation before transporting waste is an expense that always pays off. Why risk losing your hard-earned money on fines that can be easily avoided? Contact us - we can help you get your documentation in order and ensure compliance. Write to us: dispo@ekologistyka24.pl