In Israel, in August 2013, twelve manufacturers and importers of packaged products
were fined the equivalent of around USD 40,000
each for not complying with the recycling goals
set under the Packaging Management Law and
for not contracting the company recognized by
the Ministry of Environmental Protection to implement the requirements of the law.
In a case publicized in China in June 2013,
a company was fined 500,000 Yuan and two
employees were imprisoned for using an unlicensed waste contractor who dumped 75
tonnes of hazardous waste in a semi-solid state
as well as 28 tonnes of industrial wastewater.
This caused severe environmental pollution and
had adverse impact on the health
of local residents.
It does not
Make sure
just stop at pristhat your own
on. A June 2013
company, and also
Chinese judicial
the companies
explanation proyou hire to carry
vided that with
out your waste
regards to the
management, are
crime of poisoncarefully screened
ing: “Whoever,(…)
spreads poison
that leads to serious injuries or
death; or causes major losses to public or private property, is to be sentenced to no less than
10 years of fixed-term imprisonment, life imprisonment, or death” [our emphasis].
This judicial explanation also reiterated that
a company who contracts an unlicensed service provider to collect, store, use or dispose of
hazardous waste causing severe environmental
pollution, will be considered an accomplice to
an environmental pollution crime. This would
only apply for very serious and severe deliberate polluting acts. To date, the most severe
waste-related sentence we have come across
was 10 years was for an act that disrupted
drinking water supplies for 200,000 local resiEnhesa Flash Nov/Dec 2013
dents for 66 hours and direct economic loss of
over 5 million Yuan.
These are just a small selection of examples,
but they provide a stark warning and reminder
to make sure that your own company, and also
the companies you hire to carry out your waste
management, are carefully screened to ensure
they can be trusted to safely and adequately
manage your waste.
Regulation on the rise
As mentioned above, it is not only the rise
in enforcement activity that you should be concerned about. The simultaneous rise in the
number of new and amended regulations impacting how you manage your waste (and also
your responsibilities with regards to the products you produce when they reach the end of
their useful life) provides an equal, if not greater
challenge.
250
200
150
100
50
0
2006 2007 2008 2009 2010
2011 2012 2013
Number of New Waste Regulations Per Year
(According to Enhesa data)
In South Africa, for example, as of 23 August 2013 companies generating waste are now
required to classify waste and prepare safety
data sheets for hazardous waste. Among other
things, the newly adopted Waste Classification
and Management Regulations make provisions
6