Concept of hazardous waste
Directive 2008/98, the Waste Framework Directive, singles out dangerous waste, which it defines as waste that is explosive, oxidizing, “highly-flammable”, flammable, irritant (i.e. which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks), toxic (which in the same way may possibly involve “serious, acute or chronic health risks and even death”), carcinogenic, corrosive, infectious, ... and even, without impact on human health, “eco-toxic” (Article 3(2) and Annex III).
When being transported, stored or treated, hazardous waste must be identified, a chronological record of its nature and origin as well as other relevant information must be kept and, more than anything else, it must be separated by category. Hazardous waste must neither be mixed with other categories of hazardous waste nor with other waste, substance or material (Article 18 and Article 35).
Hazardous waste management operations must, obviously, be “carried out in conditions providing protection for the environment and human health” as well as meeting the requirements for other types of waste (Article 17). The traceability of hazardous waste must be ensured from production to final destination. It must be controlled, especially when in the possession of its producer and of the establishment and undertaking which collects and transports it on a professional basis. Like dealers and brokers of hazardous waste, these persons must keep a record in chronological order of any operation pertaining to such waste and their details (Article 35).
There is a “ban” on the mixing of hazardous waste, either with other categories of hazardous waste or with other waste, substances and material, which is only possible if a permit is granted. This can only happen in the absence of adverse impact on human health and the environment and in compliance with Best Available Techniques (BAT) (Article 18). In the course of collection, transport and temporary storage, hazardous waste must be dealt with in accordance with the international and European standards in force. Even when transferred within a Member State, hazardous waste shall be accompanied by an identification document recording relevant data (Article 19).