Obtaining approval as a hazardous waste transporter or collector

Summary

In Wallonia, the transport and collection of hazardous waste are activities that can only be carried out by a person approved in advance by the Walloon administration.

This approval is granted for a period which may not exceed five years. The approval must be renewed after this period.

The holder must comply with a set of obligations for the duration of the approval (see below under "conditions"). 

Are you a hazardous waste transporter or collector? Use this process to:

  • Apply for approval
  • Renew your approval after the previous one expires
  • Update the data for an approval
  • Terminate an existing approval in case of cessation/interruption of activity
  • Submit an appeal against a decision to revoke approval

 

 

In detail

Target audience – details

Hazardous waste transporters and collectors in Wallonia

Conditions

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 have been convicted of any of the offences described in Article 32, 1°, c) of the Order of the Walloon Regional Executive on hazardous waste
  • 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 Community
  • 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
  • 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
  • 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.

 

Procedure

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

TRACKING YOUR APPLICATION: STEPS

  • Your application: complete the online form (see "Online form" section below) and attach all relevant documents
  • Within 30 days of receiving your application, the Walloon administration checks whether the application submitted contains the necessary information and documents.
    • If the application is incomplete: the administration indicates any additional documents or information required.
    • Once the application is complete: the administration approves the applicant and notifies them of its decision on the admissibility of the application.
  • The decision on whether to grant approval is made within 6 months of the declaration of admissibility.

 

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).

 

ARE YOU A FOREIGN COMPANY?

Foreign companies must submit their application for approval in accordance with the procedure explained on the Walloon Soil and Waste Department website.

 

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.

 

APPEALS PROCEDURE

An appeal may be lodged with the Supreme Administrative Court of Belgium.

Legal references

Contacts

Services

Contact the Waste Management Infrastructure and Policy Directorate
Updated on
Process n° : 144825
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