Crash. The forklift operator placed the pallet on the trailer without much finesse. Even from a distance, you can see that the neat row of previously loaded cargo is clearly breaking apart next to the “forklift.” Let’s run and see what happened! Phew –
the goods were not damaged! Fortunately, only the pallet collapsed. We quickly “organize” a new pallet, reload the goods, and… problem solved. Who among us hasn’t experienced such a situation? The most important thing is that we dealt with the problem quickly and the rest of the loading will proceed smoothly. And what about the pallet in question? As soon as a free vehicle becomes available, the driver will drop it off along with a few others at the home of Mr. Józef (our warehouseman), who will prosaically use it for firewood. We get rid of the trouble and save on waste disposal costs, and our employee will have warmth in his home.
What seems obvious to us is not so simple from the point of view of current legal regulations. We must realize that the moment our pallet was destroyed, we became a waste producer, and as a producer, we are responsible for this waste! According to Art. 3 sec. 1 of the Waste Act, waste means any substance or object belonging to one of the categories specified in Annex 1 to the Act, which the holder disposes of, intends to dispose of, or is required to dispose of. A destroyed pallet is certainly an object that we intend to dispose of (or are already disposing of). The reference to the catalog of waste created by the legislator is of secondary importance here. This catalog not only systematizes waste by listing its individual groups (e.g., Q4 – substances or objects that have been spilled, scattered, lost, or have undergone another random event, including those contaminated as a result of an accident or resulting from rescue operations), but also closes any potential loophole by creating category Q16, which includes all substances or objects not covered by the above categories (e.g., from service or renovation activities).
Therefore, as a result of a minor incident on the loading ramp, we became a waste producer and, at the same time, its holder. Under the term waste producer, the legislator understands anyone whose activity or existence causes the generation of waste, and anyone who carries out pre-processing, mixing, or other operations resulting in a change in the nature or composition of such waste. A waste holder is anyone who actually possesses the waste (the waste producer, another natural person, legal person, or organizational unit), excluding those conducting business in the field of waste transport. It is presumed that the person in possession of the land surface is the holder of the waste located on the property. As a waste producer and holder, we are obliged to conduct our activities in accordance with the waste management principles defined by the legislator.
Let’s list a few of them. We must remember (Art. 5 of the Waste Act) that anyone who undertakes activities causing or likely to cause the generation of waste should plan, design, and conduct such activities in such a way as to:
1) prevent the generation of waste or limit the amount of waste and its negative impact on the environment during the manufacture of products, during, and after their use,
2) ensure recovery in accordance with environmental protection principles if the generation of waste could not be prevented,
3) ensure the disposal of waste that could not be prevented or recovered, in accordance with environmental protection principles.
The article comes from the magazine “Logistyka” No. 3/2006.