The changes that came about in the summer of 2020 in the area of waste management entailed adjustments to both Chapter 15 of the Environmental Code and the new Waste Ordinance (SFS 2020:614). The most important changes from 2020, which are a first step in the implementation of the revised legislative framework on waste, can be summarized as introducing mandatory minimum requirements for producer responsibility. This means increased producer responsibility for packaging, increased waste prevention work for municipalities, requirements for the separate collection of hazardous waste, textiles and biological waste, a ban on incineration of certain waste, increased requirements for construction and demolition waste and a national waste register for hazardous waste. These various changes will take effect at different times, spanning a period of time from 1 August 2020 to January 2023. As of August 2020, stricter rules with respect to the business’ duty to maintain records in relation to their handling of hazardous waste apply to all businesses classed as waste producers, The Swedish Environmental Protection Agency gives fluorescent lamps as an example of hazardous waste. It is therefore important to bear in mind that as the contents of the waste product that may be hazardous i.e. mercury or certain electronic components, what is classified as hazardous waste, may be something that is handled in otherwise “ordinary” circumstances. As of 1 November 2020, businesses must report information regarding their hazardous waste to the national register at the Swedish Environmental Protection Agency.
Who must report to the national register?
The Waste Ordinance stipulates who has a duty to record and report hazardous waste and this duty applies to the following operators: waste producers, transporters, collectors, dealers and brokers and, ultimately, processors. In this article we will focus on waste producers. In the new rules, the legislators have provided a new definition in Chapter 15, section 4 of the Environmental Code, where the concept of “waste producers” is defined as “the person whose activities produce waste (original waste producer) or the person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste”. This definition is explained in the government bill, where it is clarified that a waste producer can be both a private individual and a company. For example, it is stated that a person who eats an ice cream produces waste in the form of the ice cream wrapper. This means that there is a very broad definition of the term waste producer. Chapter 6 of the Waste Ordinance refers to this definition when it stipulates who has a duty to record and report hazardous waste.
Businesses that produce hazardous waste either in their operations or in connection with their operations already have an obligation to keep records of the amount and nature of hazardous waste that the business has processed or disposed of. These records only need to be presented at the request of a regulatory authority. Since the legislators believe there are shortcomings in this system and that Sweden needs to have better control over hazardous waste, a national waste register has been established at the Swedish Environmental Protection Agency. As of 1 November 2020, businesses which have a recording duty must also report hazardous waste to this national waste register. The Swedish Environmental Protection Agency emphasizes that it is not only major industrial operations which are covered by the rules regarding the duty to report for hazardous waste, but that the rules may also apply to hairdressing salons, law firms, or car washes. A great number of businesses produce some form of hazardous waste.
However, we would like to emphasize that hazardous waste produced by households is exempt from the duty to record and report hazardous waste for the actual household. However, it must be recorded and entered in the register if the waste has been taken care of by someone who has a permit to handle waste. In general, it can therefore be said that private individuals do not have to report fluorescent lamps used in the household to the Swedish Environmental Protection Agency’s register, but businesses must do so.
What must be reported to the national register?
Basically, there are several different notes which must be entered into the register by the waste producer, in respect of which some relate to basic information regarding the organization itself and the time of the recording; in addition, the type of waste involved must be stated by providing a waste code, and the amount of waste in kilograms must be stated. It is important that different types of hazardous waste are divided up and listed separately and also not mixed with other types of waste; for example, it is not possible to write “10 kg of hazardous waste” in relation to a box that contains both fluorescent lamps and used keyboards. In addition, the waste producer must itself state the date of the removal, who has transported the waste and how, where the waste was produced, where the waste is being transported to and who will receive it. It is possible to assign a representative to submit this information, e.g., the person who transports the waste from the producer to the waste disposal facility, but it must then be clear that the reporting will take place by the assigned representative. According to the Swedish Environmental Protection Agency, reporting to the register must take place within two days and can be carried out electronically. It should be noted that reporting to the national register does not constitute an exemption from the duty for a business to keep its own records regarding hazardous waste. The Swedish Environmental Protection Agency has stated that it considers the waste producer to be obligated for recording and reporting regardless of whether it has assigned a representative, and that the waste producer must keep accessible records regarding the reporting of hazardous waste in its business for a minimum of 3 years from the date of disposal. This in effect means that the national register is only a complement to the records.
Summary
In summary the new rules entail an increased obligation for businesses to report their hazardous waste to the national register and not just record it. As this obligation includes most operations that produce waste it may be advisable to consider whether the new legislation applies to you.
Caterina Carreman, Senior Associate at Foyen Advokatfirma
caterina.carreman@foyen.se
Sara Eriksson, Associate at Foyen Advokatfirma
sara.eriksson@foyen.se