Regulation on Waste Management

What does the Waste Management Regulation cover?

The Waste Management Regulation was published in the Official Gazette dated 2 April 2015, No. 29314, and is administered by the Ministry of Environment, Urbanisation and Climate Change. Its purpose is to ensure that waste is managed from generation to disposal without harming the environment or human health, to reduce waste generation, and to reduce the use of natural resources through reuse, recycling and recovery (Article 1). The latest amendment shown in the Legislation Information System was published in the Official Gazette dated 23 March 2017, No. 30016.

The Regulation covers the waste in the Annex 4 waste list and the electrical and electronic equipment, packaging, vehicles, batteries and accumulators that fall under extended producer responsibility. Some waste, such as radioactive waste, wastewater and animal carcasses, is outside its scope (Article 2).

How is waste classified and what is hazardous waste?

Each waste in the waste list is identified by a six-digit code, and the full code must be used in all work involving waste (Article 11). Waste marked with an asterisk (*) next to its code is hazardous waste, and waste without an asterisk is non-hazardous (Article 4). The waste holder determines the waste code; codes ending in 99 cannot be used without the Ministry's approval, and whether such waste is hazardous must be documented by analysis (Article 12).

Analysis results used to determine hazardous properties remain valid for five years, as long as there is no change in the production process or raw materials (Article 11).

What must waste producers and waste holders do?

The main obligations of the waste producer are listed in Article 9:

• Take measures to minimise waste generation, collect waste separately and store it temporarily
• Prepare the waste management plan, submit it to the provincial directorate and obtain approval
• Keep records and carry out appropriate packaging and labelling
• Send waste for which the national waste transport form is mandatory to treatment facilities using that form
• Complete the waste declaration form online by the end of March each year and keep one copy for five years
• In case of an accidental or deliberate spill, inform the provincial directorate within 24 hours and submit a report within 30 calendar days

The notification and record-keeping duty extends beyond waste producers to transporters and treatment facilities; records are kept for at least five years and presented for inspection (Article 15).

What limits apply to temporary storage?

Except for medical waste, hazardous waste may be kept in a temporary storage area for at most 6 months and non-hazardous waste for at most 1 year. The stored waste carries a label showing whether it is hazardous or non-hazardous, the waste code, the quantity and the storage date (Article 13).

Temporary storage areas of producers generating less than one thousand kilograms of hazardous waste per month are exempt from permits; producers generating one thousand kilograms or more per month obtain a temporary storage permit from the provincial directorate. Mandatory financial liability insurance is also required for hazardous waste temporary storage areas (Articles 13 and 16).

What does it mean for destruction and recycling?

The collection, transport, recovery and disposal of waste may only be carried out by facilities holding a permit or environmental licence, authorised organisations and licensed transporters; carrying them out through third parties is prohibited (Article 5). Mixing or diluting waste with another substance or waste is also prohibited, and waste cannot be sent from one intermediate storage facility to another (Article 5).

Within this chain, the producer's responsibility is not limited to handing waste to a licensed facility: those engaged in the collection, transport, storage, recovery and disposal of hazardous waste are jointly and severally liable for environmental damage (Article 5). Under extended producer responsibility, producers and those placing products on the market take on the management and cost of returned products or products that have become waste (Article 18).

What sanctions apply to non-compliance?

Those who act in breach of the Regulation face the sanctions provided for in the Environmental Law No. 2872 (Article 25). The entry of hazardous waste into the customs territory, including free zones, is prohibited (Article 22).