Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Hazardous Waste Management License
Business loves silence. But when fluorescent lamps, used batteries or medical plastic accumulate at production facilities, this silence becomes deceptive. Sooner or later, the moment comes when the supervisory authority asks only one question: “Where is your license?”..
The service of obtaining a hazardous waste management license is not just a bureaucratic formality. It is a legal shield that separates your stable profit from fines amounting to hundreds of thousands of hryvnias and criminal liability under Article 239 of the Criminal Code of Ukraine. We at Prikhodko and Partners do this not for the sake of “ticking a box”, but so that your business can operate calmly, even when inspectors suddenly park outside your office window.
Who needs this license and when: non-obvious entry thresholds
The main mistake is to think that the license is needed only by chemical giants. In practice, almost everyone falls under the definition of “hazardous waste”: from service stations (used oils) to dental offices (mercury waste) and farmers (expired pesticides).
There are three clear markers when, without a license, you do not even have the right to store such substances on your territory:
- You collect waste from individuals or legal entities.
- You transport dangerous cargo with your own transport.
- You carry out storage (even temporary, before transfer to a contractor) or processing (neutralization, disposal).
If your employees simply sweep a broken mercury thermometer into a general bin – formally, this is already a waste operation that requires permitting documents.
What tasks the license actually solves
In addition to the obvious avoidance of fines, this document solves three critical business tasks:
Legalization of assets. Without a license, you will not be able to put specialized disposal equipment or even just sealed containers on the balance sheet.
Right to tenders. All serious tenders, especially in the public sector, energy and construction, require confirmation of the right to handle hazardous waste.
Environmental audit. The license automatically brings your management closer to ISO 14001 standards, which becomes a pass to foreign markets.
Documentary minimum: without what you should not even start
The lawyers of Prikhodko and Partners often encounter situations where entrepreneurs confuse the Waste Declaration with the License. These are different things. The declaration is a report on what has been generated. The license is permission for professional activity with something that poses a threat.
Before starting, we will need to collect a package that differs significantly depending on the service code (collection, storage, processing). Here is what it looks like in a simplified form:
| Type of handling | Key documents (requirement of the Ministry of Environmental Protection) | Specific feature for the applicant |
|---|---|---|
| Collection and storage | Material and technical base (lease agreement/ownership rights), location plan, MWW passports | Mandatory availability of hard coating and a canopy |
| Transportation | Transport license, certificate of drivers’ admission (ADR), emergency card | Transport must be equipped with flashing beacons |
| Disposal / Processing | Technological regulations, emission permit, positive EIA conclusion (if necessary) | The highest level of inspection of production capacities |
Without a license: risks that are not worth the savings
Some think that they can hide behind a “licensed contractor”. The logic is simple: we do not store, we immediately transfer. Unfortunately, the practice of the Supreme Court is relentless: temporary accumulation of waste in containers on the site before removal – this is already storage, and it requires a license.
What does a company risk without this document?
Financial sanctions: a fine from 1,700 to 8,500 non-taxable minimums for officials (up to UAH 144,500), excluding claims for environmental damage.
Suspension of activity: a court decision on a temporary ban on the operation of a workshop or site until the violation is eliminated.
Cancellation of agreements: counterparties terminate agreements unilaterally if they discover the absence of a license, as this also puts their environmental reporting at risk.
How we provide the service at “Prikhodko and Partners”
The process of obtaining a license is always a balance between the speed of launching a business and the meticulousness of inspectors. We have built our work so that you do not feel as if you have been “overregulated”.
Audit of your situation (1–2 days). Site visit or detailed video analysis. We do not rely on words; we look at the site covering, ventilation and fire resistance of cabinets. This allows avoiding technical refusal at the stage of inspection by the Ministry of Environmental Protection.
Development of “zero” documents. If you do not have Waste Passports or Handling Instructions – we write them from scratch for your specific capacities, rather than providing a template.
Support of the MTB inspection. The hottest phase. We are present during the commission’s inspection to correct issues related to occupational safety and sanitary control, which often go beyond purely environmental law.
Obtaining and transfer. We independently collect the ready order and license from the ministry; you only have to start working legally.
Why it is more reliable with us
Choosing a lawyer here is similar to choosing a sapper. A mistake is not resubmitting an application, but a real sentence or protocol.
Financial liability. We financially guarantee the absence of errors in the submitted documents. If the refusal occurs through our fault due to an incorrectly prepared register or description – we will fully compensate the administrative fee at our own expense.
Knowledge of “field” specifics. We know that in Kyiv the commission requires a separate evacuation plan specifically for the waste storage site, while in the regions a general one is often sufficient. These details save months of nerves.
Work with refusals. 60% of primary document packages receive comments. Our strength is not a magical “we will solve everything”, but legal support of an administrative complaint against an unfounded refusal without additional payments.
Quick situation analysis block
If you doubt whether you need a license, answer 4 simple questions:
- Are substances of hazard class 1–3 generated in your process (mercury, acids, petroleum products)?
- Do you collect such waste from other individuals or legal entities?
- Do you transport this waste with your own transport to the place of disposal?
- Do you have a separate site/warehouse on your balance sheet where this waste waits for removal for more than a day?
If at least one statement is “Yes”, it is time for you to talk to us seriously. The lawyers of “Prikhodko and Partners” will help check your situation, prepare documents and support obtaining a hazardous waste management license.
Calculate the cost of services
1 question
Are you unsure whether your business meets environmental requirements?
2 question
Do you need legal support to obtain a hazardous waste management license?
3 question
Do you need comprehensive legal support for your business?
Can you obtain a waste collection license without your own premises?
Yes, lease is allowed. However, the lease agreement must be long-term (we recommend from 3 years) and contain the owner’s direct consent to place hazardous waste of the relevant class.
What is the validity period of the license?
The hazardous waste management license is indefinite. You receive it once and operate without the need for renewal, but with mandatory annual 1-НВ reporting.
Does the Ministry of Environmental Protection check the availability of disposal equipment if I only store waste?
No, when licensing only storage or collection, the availability of technological equipment for neutralization is not required. Containers, covering and an agreement with a disposer who has a valid license are sufficient.
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