Waste management

According to Law 211/2011 on the waste regime, all companies regardless of the field of activity, waste producers, legal entities, traders, as well as economic operators authorized from the point of view of environmental protection to carry out waste collection and transport operations have the obligation to designate from the company a person (employee) or to delegate this obligation to a third person provided that these persons have a specialized course.

From the definitions in annex no. 1 of Law 211/2011 results that the waste producer is any person whose activities generate waste (point 17 of Annex no. 1) defined as any substance or object that the owner / producer throws or has the intention or obligation to throw (point 9 of annex no. 1 to the law).

One of the obligations of waste producers / holders is to include each type of waste generated from their own activity in the list of waste approved by Government decision (art. 8 paragraph 1 of the law). Thus, in annex no. 2 the H.G. no. 856/2002 on waste management records and for the approval of the list of waste, including hazardous waste are provided as waste from trade, industry, institutions and: paper and cardboard (code 200101), glass (code 200102), plastics (code 200139) etc.

Even if these provisions apply since 2011, in the last year the controls of the Environmental Guard have intensified and the companies that do not fulfill the obligations provided by this law are fined from 15,000 lei to 30,000 lei according to art.  61 para. (1) lett. b) of the above mentioned law.

In conclusion, all economic operators, including those whose object of consulting activity, must designate a person responsible for waste management because they also generate waste according to the definitions in the law.