Hazardous waste

Hazardous waste is waste with properties that are harmful to human health and the environment, such as toxicity, flammability, corrosivity or ecotoxicity.

In Spain, Law 7/2022 on waste and contaminated soils sets out strict obligations for its identification, storage, transport and treatment. This waste ranges from industrial solvents to used oils, batteries, pesticides and infectious healthcare waste.

What makes waste hazardous?

Waste is considered hazardous when it has at least one of the hazard properties set out in EU and national rules. Regulation (EU) No 1357/2014 defines 15 hazard properties (HP), ranging from toxicity to explosivity. They include:

• HP1 Explosive: waste that can explode under the effect of a flame or shock.
• HP2 Oxidising: substances that promote combustion.
• HP3 Flammable: liquids with a flash point below 60 C.
• HP4 Irritant: causes reactions on the skin and mucous membranes.
• HP5 Specific target organ toxicity (STOT) / aspiration toxicity: organ damage after repeated exposure.
• HP6 Acute toxicity: serious immediate health effects.
• HP7 Carcinogenic: waste with compounds that induce cancer.
• HP8 Corrosive: able to destroy living tissue.
• HP9 Infectious: waste contaminated with pathogens.
• HP10 Toxic for reproduction.
• HP11 Mutagenic.
• HP12 Release of toxic gases in contact with water or acids.
• HP13 Sensitising.
• HP14 Ecotoxic: harm to aquatic and terrestrial organisms.
• HP15 Waste that can produce another hazardous substance after disposal.

In practice, this classification requires each waste to be coded with a European Waste List (EWC/LER) code. Hazardous waste is identified with an asterisk (*) in its code.

Concrete examples by sector

• Automotive: solvent-based paints, oil filters, lead batteries.
• Healthcare: needles, syringes, material contaminated with infectious agents.
• Agri-food: expired pesticides, cleaning chemicals.
• Construction: asbestos, tar-impregnated materials.

Legal framework for hazardous waste

In Spain, the management of hazardous waste is governed mainly by Law 7/2022 on waste and contaminated soils for a circular economy, which replaced the former Law 22/2011. At European and national level the key instruments are:

• Regulation (EU) No 1357/2014: establishes the HP hazard properties.
• Decision 2014/955/EU: updates the European Waste List (EWC).
• Law 7/2022: regulates the prevention, production and management of hazardous waste in Spain.
• Royal Decree 553/2020: sets the regime for the transport of waste within Spain.
• ADR Agreement: regulates the carriage of dangerous goods by road.

This framework requires producers and managers to apply rigorous control, traceability and reporting to the authorities.

Risks of poor management

Incorrect management of hazardous waste can cause:

• Contamination of soil and groundwater with heavy metals or hydrocarbons.
• Toxic air emissions such as dioxins or furans from combustion processes.
• Damage to public health, including respiratory diseases, cancer and reproductive disorders.
• Impact on biodiversity, affecting aquatic and terrestrial species.
• Financial penalties: Law 7/2022 provides for fines of up to 3.5 million euros for very serious infringements.

Management obligations for companies

Companies that generate hazardous waste must meet a set of specific obligations:

1. Safe storage in approved, impermeable and clearly labelled containers (see temporary storage of hazardous waste).
2. Separation: mixing hazardous with non-hazardous waste, or different hazardous wastes, is prohibited.
3. Use of authorised managers: only authorised companies may collect and treat this waste.
4. Documentation and traceability: registration in the Waste Production and Management Register.
5. Controlled transfer: use of treatment contracts and prior notifications to the authorities.
6. Annual hazardous waste declaration: a mandatory document justifying the management carried out (see the annual hazardous waste report).
7. Minimisation plans: large producers are required to reduce generation at source.

Conclusion

Hazardous waste is a small fraction of total industrial waste by volume, but it concentrates most of the environmental and health risk. Correct identification, separation, traceability and treatment, together with prevention at source, are essential to comply with the law and protect people and ecosystems.

At Manglai we help companies measure their environmental impact and prepare their sustainability reporting, including the management of their waste streams. Discover how Manglai can help you.