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Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.
Preparation and registration of a waste declaration
A waste declaration (hereinafter referred to as the declaration) is submitted by business entities to authorized bodies if they carry out activities related to the generation, transfer of waste and other waste operations. They must also obtain a properly executed license for hazardous waste management and meet the requirements established in the Law of Ukraine “On Waste Management”.
Correct and timely execution and registration of a waste declaration is a mandatory requirement of the legislation for:
- state accounting and control in this area;
- planning of measures for the processing and safe disposal of hazardous waste;
- preparation of national and regional reports;
- prevention of unlicensed activities.
Failure to submit the specified document entails liability in accordance with national legislation. Information regarding the features of the execution and registration of such a document is described in the article below.
Who must submit a waste declaration?
According to the requirements of the Law of Ukraine No. 2320-IX, such an obligation is imposed on:
- firstly, hazardous waste generators (hazardous waste is generated as a result of their activities, regardless of the volume of their generation). These may be industrial enterprises, medical institutions, laboratories, car service stations, etc.;
- secondly, hazardous waste producers, the annual volume of which exceeds 50 tons. As a general rule, these may be owners of construction, household waste, production residues, etc.
Thus, the key factors determining the obligation to submit the specified document are the category of waste and the volume of their generation during the reporting year. In accordance with the Procedure for Waste Classification, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1102, hazardous residues should be those that have the following properties: oxidizing ability, flammability, medium and high toxicity, carcinogenicity, infectivity, mutagenicity, and others. For more detailed information, we also recommend consulting our lawyer.
Procedure for filing and registering a waste declaration
Business entities have the opportunity to use one of the possible methods of filing:
- personal filing. The applicant may personally apply to the Ministry of Environmental Protection and Natural Resources or through an authorized representative (based on a notarized power of attorney);
- online filing. For the convenience of applicants, the possibility of applying through the official website “EcoSystem” is provided.
Deadline and stages of filing a declaration
The declaration is filed by an individual entrepreneur or legal entity annually by February 20 of the year following the reporting year. The process of filing and registration itself is carried out subject to the following steps:
- reading and filling out the form approved by the Cabinet of Ministers of Ukraine;
- authorization using the electronic identification system or KEP;
- automatic registration of the declaration (if all fields of the document are filled in correctly);
- publication of information in “EcoSystem”.
How to correctly calculate the amount of waste for declaration?
The most important step within the defined procedure is to correctly determine their volume. The calculation process includes several important steps.
First, identification and classification of waste. For each type, its code should be determined in accordance with the current National List of Waste. After that, it is necessary to establish its hazard class (from “extremely hazardous” to “low-hazardous”).
Secondly, calculation of the total generation indicator according to a special formula: 5000 * M1 + 500 * M2 + 50 * M3 + 1 * M4. In this case, M1-M4 represent the mass in tons of waste of different hazard classes.
Assistance from lawyers of “Prikhodko & Partners” in preparing a waste declaration
Consultative support
The lawyers of our law firm can provide comprehensive assistance at all stages of preparing and submitting a waste declaration, starting with consultations. The key areas of support are also:
- a detailed analysis of the legislation in the field of waste management;
- clarification of waste classification and accounting;
- information on the deadlines and responsibility for untimely submission of the document.
Legal support for drawing up a waste declaration
The full legal support service includes both consulting support and professional preparation of the necessary documents, checking the correctness of filling out the declaration form, as well as support for the submission process to the Ministry of Environmental Protection and Natural Resources of Ukraine. Clients most often choose full support, since it takes into account all the nuances of the request, saves clients’ time and provides for proper control over the registration of the declaration with the authorized state body.
Seeking help from the lawyers of “Prikhodko & Partners” will allow you to significantly simplify the process of preparing and submitting a waste declaration and avoid potential risks. To find out the cost of legal support, fill out the form below.
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You may also need:
Hazardous Waste Management License
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License for centralized water supply and wastewater disposal
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Hazardous waste license
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License for domestic transportation in Ukraine
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Permit to carry out operations in the field of waste management
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License for processing and disposal of waste
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