What a new waste management reform provides

On July 9 2023 the fundamental Law of Ukraine “On Waste Management” entered into force, which launches  waste management reform and brings our legislation closer to that of the European Union.

This Law lays the foundation for modern waste management, in accordance with EU requirements. Document allows to implement the basic principles and provisions of European legislation in the field of waste management, in particular, establishing a waste management hierarchy and  main requirements for extended producer responsibility  in the field of waste management, which arose as a result of his economic activity.

Basic principles of waste prevention and management policy:

• prevention – waste generator or owner takes measures to prevent waste generation, as well as to avoid, reduce or eliminate adverse effects of waste on human health and the environment;
• “polluter pays” – waste generator or owner covers the costs to prevent waste generation, its collection, transportation and processing, including the costs of establishing and maintaining treatment facilities;
• territorial proximity – waste is treated at a nearby waste treatment facility or installation, or at the waste disposal site, taking into account their environmental and economic efficiency, in accordance with regional and local waste management plans;
• formation of a competitive environment in the field of waste management – economic entities, state authorities and local self-government bodies are obliged to promote the development of competition and should not commit any illegal actions that may have a negative impact on competition in the field of waste management.

The subjects of the Law are natural and legal entities whose activities generate waste, as well as business entities in the field of waste management.

What changes are envisaged in the area of waste management:

• New efficient permitting system – the law regulates the issue of the permitting system, defines the required set of documents for obtaining permits.
• Decentralization of waste management – ​​the law regulates the distribution of powers among ministries, local self-government bodies and local authorities.
• Multi-level planning – the law provides for the transition from the State waste management plan to enterprise waste management plans
• Infrastructure development – the law provides for the alignment of all existing waste disposal sites, and those that do not meet European standards will be closed. The regional waste management plan will define what waste disposal facilities can be used and which should be rehabilitated, how much and what treatment plants need to be built.
• European principles – hierarchy of waste management, extended producer responsibility, “polluter pays”. Extended producer responsibility (EPR) assumes that the manufacturer bears full responsibility for the products that he released to the market: collection, reuse, recycling or disposal of the packaging. This is the European experience, which should stimulate business to minimize the generation of waste and to recycle it.

What is new for citizens and enterprises in handling household appliances?

First, generators of household waste (individuals and legal entities) are obliged to enter into contracts with the provider of household waste management services and pay a fee for the household waste management service in accordance with the established procedure.

Secondly, to ensure the transfer of household waste to the household waste management system, and household waste subject to extended producer liability to the reception or separate collection system created by extended producer responsibility organizations.

The third is to ensure separate collection of waste in the prescribed manner if there is a waste treatment facility.

What are the responsibilities of waste generators?

• process waste independently, with a permit for waste processing operations, or transfer it for processing to business entities in the field of waste management that have such a permit;
• keep records of waste generated as a result of their activities and submit relevant reports
• develop and implement waste management plans of enterprises, institutions and organizations;
• submit a waste declaration (according to the new form) if the activity of such a waste generator results in the generation of hazardous waste or the annual volume of non-hazardous waste generation exceeds 50 tons;
• to compensate for damage caused to health and property of Ukrainian citizens, the surrounding natural environment, enterprises, institutions and organizations as a result of violation of established rules of waste management, in accordance with the law.

Specialists of the “Center LTD” Company are ready to undertake comprehensive support of your business in matters of waste management: they offer you effective solutions for the preparation and obtaining of permit documentation, they advise you on matters of waste accounting, submission of relevant reports and waste declarations under the new form, help with the development and implementation of enterprise waste management plans.

You can find a full list of the Company’s services and work experience on the official website center-ltd.com.ua For professional advice, call: +38 096 781 05 37, +38 067 725 54 32, or send questions to: eco@center-ltd. com.ua