Storage of waste generated in a facility does not require the establishment of collateral for claims.
According to Article 48a(1) of the Waste Law, a waste holder who is required to obtain a waste collection or treatment permit (excluding a landfill manager) must establish collateral for claims (related to waste storage).
Divergent Interpretations
In practice, there are interpretative doubts concerning the applicability of the cited provision. Some authorities issuing administrative decisions for waste management require collateral for claims to be established based on the theoretical weight of waste accepted for collection or treatment, as well as the weight of stored waste generated by treatment. Others require collateral only for waste accepted for collection or treatment.
The Ministry of Climate and Environment has responded
In response to Parliamentary Inquiry No. 9775, the Ministry indicated that the obligation to establish collateral for claims related to waste storage does not apply to waste produced in a treatment facility.
This is because waste from treatment processes constitutes waste generated from those processes. Leaving waste from treatment at the site where the process is carried out constitutes initial storage by the generator. As the Ministry points out, in this case, the obligation to provide collateral for claims does not arise.
On the other hand, when waste generated from treatment remains where it was generated and undergoes further treatment processes there, as the Ministry points out, the initial storage location is also the storage location prior to treatment. Consequently, there is an obligation to establish collateral for claims regarding this waste as if it were stored before processing.
If you have any questions about the legal requirements for waste storage or the rules for establishing collateral for claims by waste holders, please contact us.
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