Obtaining approval as a hazardous waste transporter or collector

Hazardous waste transporters and collectors in Wallonia

QUALIFICATION OF THE APPLICANT FOR APPROVAL

In the case of a private individual:

• Be Belgian or a national of a Member State of the European Community
• Enjoy civil and political rights
• Not having incurred a conviction for at least ten years, due to a final judicial decision or a definitive administrative decision imposing one or more administrative sanctions. Furthermore, at the time of submitting the application, not being subject to a prohibition or disqualification measure affecting in whole or in part the type of activity related to waste that is the subject of the approval or registration application.
• Have financial guarantees and have or undertake to have the technical and human resources required to carry out the activities for which approval is requested
• Agree to take out an insurance policy covering civil liability resulting from the activities for which approval is requested (see "insurance" below)

In the case of a legal entity incorporated as a commercial business:

• Be incorporated in accordance with the laws of Belgium or of another Member State of the European Community and have its registered office or place of business in Belgium or in another Member State of the European Union
• The directors, managers or individuals empowered to act on behalf of the company are only persons who enjoy civil and political rights and who have not been convicted of any of the offences described in Article 32, 1°, c) of the Order of the Walloon Regional Executive on hazardous waste. These persons cannot have incurred a conviction for at least ten years, due to a judicial decision that has become final or a definitive administrative decision imposing one or more administrative penalties. Furthermore, at the time of submitting the application, the directors, managers, or persons authorized to commit the company cannot still be subject to a prohibition or disqualification measure covering wholly or partly the type of activity in the field of waste that is the subject of the approval or registration application.
• Have financial guarantees and have or undertake to have the technical and human resources required to carry out the activities for which approval is requested
• Agree to take out an insurance policy covering civil liability resulting from the activities for which approval is requested (see "insurance" below)

In the case of a legal entity under public law or private law not incorporated as a commercial business:

• The directors, managers or individuals empowered to act on behalf of the company are only persons who enjoy civil and political rights and who have not been convicted of any of the offences described in Article 32, 1°, c) of the Order of the Walloon Regional Executive on hazardous waste. These persons cannot face a conviction for at least ten years, due to a judicial decision that has become final or a definitive administrative decision imposing one or more administrative sanctions. Furthermore, at the time of the application submission, the directors, managers, or persons with the power to commit the company cannot still be subject to a prohibition or disqualification measure affecting in whole or in part the type of activity in the field of waste that is the subject of the application for authorization or registration.
• Have financial guarantees and have or undertake to have the technical and human resources required to carry out the activities for which approval is requested
• Agree to take out an insurance policy covering civil liability resulting from the activities for which approval is requested (see "insurance" below)

INSURANCE

The applicant for approval must take out insurance covering civil liability resulting from its activities.

This contract must provide that:

• any third party who suffers damage as a result of the activities covered by the approval will be insured
• the insurance contract may only be suspended or terminated six months after the notification date of the reason for suspension or termination

A copy of this insurance contract must be sent to the administration (contact details below).

FINANCIAL GUARANTEE

To be approved, the applicant must provide a financial guarantee intended to ensure the fulfilment of its environmental obligations. This guarantee can be paid into an account opened in the name of the administration at the Caisse des Dépôts et des Consignations or be lodged with a banking establishment designated by the administration.

The amount of the guarantee is reviewed at least every 5 years. To this end, the approval holder must provide the Administration's Soil and Waste Department (contact details below) with the following information:

• the development in the nominal capacities of the relevant facilities
• the technical description and a statement of the capacity of the resources implemented

This communication can take any form that allows the sending and receiving of information to be dated.

It must be carried out no later than three months before the five-year period expires.

REPORTING

• KEEPING A REGISTER

The approval holder shall keep a register and make this available to the administration for at least five years, together with the supporting documents of the management operations carried out.

This register shall include the following information:

• the identity of the waste producer
• the nature and quantity of the waste as well as any identification code assigned by the Walloon Region
• the pick-up date from the producer
• the precise identification of the approved transporter and the means of transport used
• the destination of the waste, the delivery date and the copy of the pick-up receipt from the collection, pre-treatment, disposal or recovery centre

• ​INFORMATION

Whenever the approval holder has hazardous waste, it must declare this to the administration (contact details below) by sending the information from the register using the form provided for this purpose. This declaration is made every quarter, within ten days of the end of the reference quarter.

• MEANS OF TRANSPORT

Every five years from the approval notification date, the transporter sends an updated statement of its means of transport to the administration (contact details below).  Use any means of communication that allows the sending and receiving of information to be dated.

NON-COMPLIANCE WITH THE APPROVAL CONDITIONS

Based on a report of an infringement or non-compliance with the approval conditions, the approval may be suspended or withdrawn, after the holder has been given the opportunity to put forward their defence and rectify the situation within a specified period.  In the event of a specially substantiated emergency, and if the holder's hearing is likely to cause a delay which is detrimental to public safety, the approval may be suspended without delay and without a hearing for the holder.

You can apply for approval as a hazardous waste transporter or collector in Wallonia using the online form on "My Space" (see "Online form" section below).

DOCUMENTS TO BE PROVIDED WITH YOUR APPLICATION

• Extract from the criminal record of each director and that of the legal entity
• Written declaration of the destination waste facilities
• Training certificate for the transport of hazardous goods for each driver
• Copies of training certificates for safety advisors for the road haulage of hazardous materials
• Note detailing the qualifications of the personnel and a complete list of personnel
• Copies of the last three tax certificates (notice of assessment) if a private individual
• Insurance document
• Certificate attesting to the absence of social debts or tax debts.
  

TRACKING YOUR APPLICATION: STEPS

• Complete the online form (see the "Online form" section below). Attach all the required documents.
• After submitting your request, the Walloon administration checks whether your file is complete within 30 days.
  • If any information or documents are missing, we will contact you to tell you exactly what needs to be corrected or completed.
    • You then have 30 days to send the requested items.
    • Attention: if you do not respond within this period, your request will be refused. We will only ask for additional information once: it is therefore important to respond fully and on time.
  • If your file is complete, we will confirm that your request is admissible.
• Once the request is declared admissible, the decision to grant approval is made within 120 days.

COST OF THE APPROVAL

If the application relates to collection activities, an application fee of €250 is payable to the account of the SPW ARNE - Soil and Waste Department - IBAN BE89.0910.1197.5485 (BIC GKCCBEBB).

DOCUMENTS TO PROVIDE WHEN MAKING YOUR APPLICATION

• Criminal record extract for each administrator and for the legal entity
• Written declaration of waste destination facilities
• Training certificate for the transportation of hazardous materials for each driver
• Copy of the training certificates of safety advisors for the transport of dangerous goods by road
• Note detailing staff qualifications and complete staff list
• Copy of the last three AERs if an individual
• Insurance document
• Certificates proving the absence of social or tax debts

• Only available in French :
• Order of the Walloon Regional Executive of 9 April 1992 on hazardous waste
• Order of the Walloon Regional Executive of 9 April 1992 on waste oil
• Order of the Walloon Regional Executive of 9 April 1992 on polychlorinated biphenyls and polychlorinated terphenyls
• Walloon Government Decree of 21 October 1993 on animal waste
• Walloon Government Decree of 30 June 1994 on waste from hospital and health care activities
• Decree of 27 June 1996 on waste
• Fiscal decree of 22 March 2007 promoting the prevention and recovery waste in the Walloon Region and amending the decree of 6 May 1999 on the establishment, recovery and disputes regarding direct regional taxes
• Walloon Government Decree of 10 July 1997 establishing a waste catalogue
• Walloon Government Decree of 19 July 2007 concerning shipments of waste
• Walloon Government Decree of 5 March 2015 establishing an obligation to sort certain waste
• Walloon Government Decree of 5 July 2018 on the management and traceability of land
• Regulation (EC) No 1013/2006 on shipments of waste
• Decree of March 9, 2023, relating to waste, material circularity, and public cleanliness

Who should be contacted?

• You can file an administrative appeal with the competent authority, namely the Minister of the Environment. The appeal is no longer made before the Council of State.

When should the appeal be filed?

• You have a period of 30 days from the receipt of the decision you are contesting. After this period, the appeal is inadmissible.

How should the appeal be filed?

• The appeal must be filed in writing, in the form of a request, according to the procedures provided by the regulations (Article 89 of the Decree of March 9, 2023). This specifically means that: your appeal must be sent through the channels authorized by mail your request must allow for the identification of the petitioner and the date of sending At the same time, you must send a copy of your appeal to the administration that made the decision in the first instance (the DSD)

What information must your appeal contain?

To be admissible, the request must be:

• dated and signed
• and contain at least the mandatory information required by the regulations (Article 117, §4 of the decree).

Specifically, your appeal must include:

• your identity (name and first name or company name, full address, contact details)
• the decision you are contesting (reference and date of the decision)
• the reasons for your appeal (why you disagree with the decision)
• any document useful to support your request
• your signature (or that of your representative)
• If any of this information is missing or if the appeal is not submitted correctly, it may be declared inadmissible.