Licensing of hazardous waste management activities

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Ланткевич Кирило

Lawyer

Ukraine / Dnepropetrovsk region

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Publication date: 04.09.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

The economic activity of hazardous waste management is an important component of environmental and industrial management aimed at ensuring safety and reducing the negative impact of hazardous waste on the environment and human health. It includes a number of specific operations and procedures. Licensing of hazardous waste management activities is a key aspect to ensure safety and compliance with legal requirements in this area.

Personnel requirements for conducting business activities:

Staffing requirements for conducting business activities, in particular for activities related to hazardous waste management, are critically important to ensure safety, efficiency and compliance with regulatory requirements. Here is a detailed description of the staffing requirements that licensees must follow:

• The licensee must ensure the availability of a full-time number of specialists, which is sufficient for the performance of the licensed type of activity. This includes both executors of work and other workers, depending on the types of work and the level of provision of the material and technical base. Specialists must undergo labor protection training, advanced training, and have documentary evidence of their knowledge and skills.
   
• The licensee is obliged to appoint persons responsible for the management of hazardous waste. These persons must have a higher education in the field of ecology (master's degree, specialist). Responsible persons must ensure proper management of hazardous waste, compliance with all norms and standards, and monitor personnel actions.
   
• Employees must know, implement and comply with the rules and norms of labor protection. This includes knowledge of safety measures, accident prevention methods and safety techniques. Employees must comply with sanitary and hygienic requirements to ensure a healthy and safe working environment.
   
• The licensee must formalize labor relations with personnel by concluding labor contracts in accordance with Article 24 of the Labor Code of Ukraine. This guarantees the legality and regulation of the rights and obligations of the parties. Staff must undergo regular training and advanced training to maintain their knowledge at an up-to-date level. This may include training on labor protection, ecology, new technologies for waste treatment, etc. The licensee must ensure the availability of documentary evidence of training and professional development by employees.

Organizational requirements for hazardous waste management activities:

1. The licensee is obliged to keep the original document confirming the payment of the license fee during the term of the license.
    
2. The licensee must notify the licensing authority of all changes to the data specified in the application, documents and information attached to the application for obtaining a license within five working days from the date of such changes. Information must be sent electronically through the reporting subsystem or in paper form.
    
3. The licensee must conduct the type of economic activity subject to licensing, exclusively within the limits of the places of proceedings specified in the information about them, submitted to the licensing authority.
    
4. You should use only those places that were specified in the license documents, except for cases provided by law.

Compliance with these organizational requirements is necessary to maintain the validity of the license and ensure compliance with the license conditions. This includes keeping proof of license payment, timely notification of data changes, and using only designated locations for business.

Technological requirements for economic activity:

• Business entities must have the necessary material and technical base, including equipment and infrastructure, to carry out hazardous waste management operations.
   
• It is necessary to have documents confirming the right of ownership or lease of the specified material and technical base, as well as documents for the identification of this base. It is necessary to ensure the availability of a situational map-scheme of the location of the production areas of the hazardous waste processing facility.
   
• There should be a separate room for the accommodation of personnel servicing hazardous waste processing facilities.
   
• It is prohibited to use the material and technical base, which, on the basis of ownership or lease, is used by another business entity for conducting business activities.
   
• Hazardous waste must be placed only at a place or facility that complies with the rules for the technical operation of waste treatment facilities approved by the Ministry of the Environment.
   
• It is prohibited to carry out other types of activities not related to hazardous waste on the territory designated for the placement of hazardous waste.
   
• The material and technical base must work in accordance with the rules of technical operation of waste treatment facilities approved by the Ministry of Environment.

The procedure for obtaining a license:

1. Preparation of documents: Submission of a written application for obtaining a license to the relevant licensing authority. Preparation and submission of a package of documents.
    
2. Application submission: The application and accompanying documents are submitted to the licensing authority in electronic or paper form, depending on the requirements. Payment of the state fee for issuing a license, confirmation of which must be included in the package of documents.
    
3. The licensing body examines the submitted documents for compliance with the requirements. An inspection of the material and technical base may be conducted to confirm its compliance with the requirements.
    
4. In the event of a successful inspection, the licensing authority makes a decision to issue a license. In case of non-compliance with the requirements, the licensing authority may refuse to issue a license or require correction of documents.
    
5. After a positive decision, the licensee receives an official document confirming the right to carry out hazardous waste management activities.

Assistance of a lawyer in the process of obtaining a license

The assistance of a lawyer in the process of obtaining a license for hazardous waste management activities can be extremely valuable. Here are the main types of legal services:

Lawyer consultation and legal analysis of the situation: Lawyers online will help you understand the specific requirements that apply to your business in order to obtain a license. This includes legal and regulatory requirements that must be met. Explain what laws and regulations govern the licensing process and hazardous waste management activities.

 

Legal services for the preparation of documents: The lawyer services online will help prepare and check all the necessary documents for applying for a license, including an application, proof of ownership or lease, documents on personnel qualifications and others. A lawyer advice will ensure the correctness and completeness of the documentation, which will reduce the likelihood of rejection due to insufficient or inaccurate information.

 

Lawyer services when submitting an application: a lawyer advises on the correct application form and ensures compliance with the requirements of the licensing authority. Interacts with the licensing authority to submit an application and clarify any additional requirements or requests.

 

Services of a lawyer during inspections: A lawyer helps to prepare for possible inspections of the material and technical base and other aspects checked by licensing authorities. Advises on the elimination of any deficiencies identified during the inspection.