The Association of Environmental Professionals (PAEW) stated that public statements by officials of the Ministry of Environmental Protection and Natural Resources regarding the possibility of collecting and accepting hazardous waste without a license are not true.
This contradicts the provisions of Law No. 2320-IX "On Waste Management", misleads all participants in the waste management sector and undermines the authority of both the waste reform itself and the Ministry of Environment, according to the Office of Sustainable Solutions.
It is noted that this possibility was announced by Yevhenia Popovych, Director of the Department of Digital Transformation, Electronic Public Services and Waste Management of the Ministry of Ecology, at the international forum United for Nature. Agenda for Ukraine.
"Collection and acceptance of hazardous waste is possible without a license," she said, adding that the reform did not block the hazardous waste management market.
PAEW has prepared legal clarifications on this issue.
The Association explained that the law "On waste management" stipulates that the economic activity of hazardous waste management includes:
- a complex of operations for the collection and processing of hazardous waste;
- collection and storage of hazardous waste for their further export for treatment or disposal.
PAEW, after a systematic analysis of terms, concluded that hazardous waste can only be collected by an economic entity in the field of waste management that has a permit to carry out waste processing operations and a license to carry out hazardous waste management business activities. And Popovych's statement does not meet the requirements of the law, contradicts its purpose and contains reputational risks for the entire ministry and the implementation of the reform.
It is noted that the acceptance of hazardous waste without a license is possible if it is transferred to the licensee within one year and a declaration is submitted to the waste management information system. In addition, companies operating under the principle of extended producer responsibility (EPR) do not need licenses. However, this norm does not apply to the economic activity of hazardous waste management.
The report emphasized that the exceptions apply only to radioactive waste producers and generators, and not to business entities in the field of hazardous waste management.
As a reminder, the Ministry of Environmental Protection and Natural Resources issued a license for the right to carry out hazardous waste management activities to HADO-TECHNOLOGY on February 1 and to UKREKOPROM on February 2. These companies became the first in Ukraine to carry out hazardous waste operations after the market collapse on January 9.
As EcoPolitics previously reported, due to the Cabinet of Ministers' failure to comply with the requirements of Law No. 2320-IX "On Waste Management," there were no licensed hazardous waste disposal companies in Ukraine from January 9 to February 1, and businesses cannot dispose of this type of waste legally.