Regulations relating to the recycling of waste (Waste Regulations). This is an unofficial translation of the Norwegian regulation. 

Laid down pursuant to sections 20, 29 and 31 of the Act of 13 March 1981 no. 6 relating to protection against pollution and concerning waste (the Pollution Control Act). Cf. the EEA Agreement, Appendix XX no. 32a (Council Directive 91/689/EEC amended by Directive 94/31/EC) and no. 32aa (Commission Decision 2000/532/EC amended by Commission Decision 2001/118/EC, Commission Decision 2001/119/EC and Commission Decision 2001/573/EC).

11-1. Purpose

The purpose of the provisions in this chapter is to ensure that hazardous waste is dealt with in such a way that it does not create pollution or damage to people or animals, or a risk of this, and to contribute to an appropriate and sound system for the management of hazardous waste.

11-2. Scope

The provisions in this chapter apply to the storage, delivery and treatment of hazardous waste that is included in section 11-4.

The duties under this chapter do not provide an exemption from obligations that arise under other legislation.

11-3. Definitions

For the purposes of this chapter
a) waste means discarded objects of personal property or substances. Surplus objects and substances from service industries, manufacturing industries and treatment plants, etc., are also considered to be waste. Waste water and exhaust gases are not considered to be waste,
b) hazardous waste means waste that cannot be treated appropriately together with other household waste because it may cause serious pollution or involve a risk of injury to people and animals,
c) dangerous substances means substances or preparations that are classified as dangerous in accordance with Regulations no. 1139 of 16 July 2002 on the classification, labeling, etc., of dangerous chemicals. These are elements and their chemical compounds with other elements that posess hazardous properties and that may lead to health, environmental or fire hazards,
d) management is a common designation for the collection, acceptance, intermediate storage, treatment and other disposal of hazardous waste, as well as the cleaning of tanks that involves hazardous waste,
e) collection means the collection of hazardous waste from one or more holders of waste,
f) acceptance means a service, stationary or mobile, where the holder or collector of waste can deliver hazardous waste,
g) treatment means physical/chemical/biological processes that change the properties of the hazardous waste and that are necessary or appropriate for the disposal of the waste,
h) disposal means the final disposal of hazardous waste, for example in the form of incineration, recycling or controlled landfilling,
i) Tank cleaning means the cleaning of tanks with accompanying pipes, etc., or similar arrangements where the cleaning means that hazardous waste will be generated.

11-4. Types of hazardous waste that are covered by the provisions of this chapter

The provisions of this chapter cover
1) types of waste in appendix 1 to this chapter, the European Waste List (EAL), marked with a star *,
2) other waste where the content of hazardous substances exceeds the limit values specified in appendix 3 to this chapter.

Types of waste that are included under subsection one, no. 1, can be exempt from the provisions in this chapter if the holder of the waste can document that the waste is not hazardous in accordance with subsection one, no. 2. The holder of the waste shall notify the Norwegian Pollution Control Authority or the agency authorized by the Ministry of the Environment of such exemptions. The Norwegian Pollution Control Authority or the agency authorised by the Ministry of the Environment can lay down more detailed requirements concerning documentation.

Waste from processed, solid products may contain hazardous substances that exceed the limit values specified in appendix 3 to this chapter. These types of waste are covered by subsection one, no. 2, if there is a possibility that the hazardous substances will leak out into the surroundings and thereby constitute a risk of pollution.

Holders of waste are responsible for assessing whether the waste is covered by the provisions of this chapter. The Norwegian Pollution Control Authority or the agency authorised by the Ministry of the Environment may, in cases of doubt, determine whether the waste is covered by the provisions in this chapter.

11-5. Responsible storage, etc., of hazardous waste

Hazardous waste shall be managed responsibly. All entities that store, transport or handle hazardous waste shall take the necessary measures to prevent risks of pollution or damage to people or animals.

Hazardous waste shall not be mixed together with other waste. Different types of hazardous waste shall not be mixed together if this may entail a risk of pollution or create problems for the further management of the waste.

11-6. Permit for the handling of hazardous waste

Any entity that handles hazardous waste must hold a permit issued by the Norwegian Pollution Control Authority, the county governor or the agency authorised by the Ministry of the Environment.

11-7. Exceptions from the requirement for a permit

The requirement to hold a permit under section 11-6 does not apply to
a) enterprises that hold a permit pursuant to section 11 of the Pollution Control Act for the management of hazardous waste from their own activities,
b) recovery of an enterprise’s own hazardous waste that takes place within the scope of the business unit if the recovery process does not involve a risk of pollution, cf. section 7 of the Pollution Control Act,
c) service offered by the individual retailer to the consumer to take back hazardous waste from corresponding products that the retailer sells,
d) acceptance of hazardous waste from ships that is established pursuant to chapter 20 on the delivery and acceptance of waste and cargo remnants from ships of Regulations no. 931 of 1 June 2004 relating to the restriction of pollution,
e) municipal arrangements for the acceptance of hazardous waste, cf. the duty in section 11-10, that are operated by the individual municipality or through inter-municipal co-operation. Acceptance schemes that are covered by this exemption are permitted to accept up to 1,000 kg of hazardous waste per year per waste holder and shall be operated in accordance with the requirements contained in appendix 2 to this chapter,
f) manufacturers and importers who receive or collect batteries under the terms of sections 3-3, 3-5 and 3-6 of chapter 3.

11-8. Delivery duty

An enterprise where hazardous waste is generated shall deliver this waste to an entity that can handle it under the terms of sections 11-6 and 11-7. The hazardous waste shall be delivered at least once a year. The delivery duty does not arise until the total quantity of hazardous waste exceeds 1 kg.

When an activity is shut down or operations are suspended for more than three months, the delivery duty becomes effective immediately.

The delivery duty does not apply to enterprises that, with a permit under the terms of section 11 of the Pollution Control Act, treat or dispose of their own hazardous waste. The exemption from the delivery duty only applies to the waste that the permit under section 11 of the Pollution Control Act applies to.

11-9. Notification duty upon bankruptcy

When bankruptcy is declared at the enterprise where hazardous waste is stored, the administrator is under the obligation to notify the country governor immediately of the types and quantities of hazardous waste that have been left behind. The duty to provide notification does not arise until the total quantity of hazardous waste exceeds 1 kg.

11-10. Responsibility of the municipality

The municipality shall ensure that adequate services are offered for the acceptance of hazardous waste from households and enterprises with small quantities of hazardous waste in the municipality (guideline 99:02). This duty is limited to the acceptance of up to 400 kg of hazardous waste in total per year per waste holder.

11-11. Duty of households to provide information on the content of waste 

When a household delivers hazardous waste, it shall, as far as possible, provide information on the content and properties of the waste. The person who delivers hazardous waste must ensure that the packaging is clearly labelled with this information.

11-12. Duty of enterprises to file a declaration on the content of waste

An enterprise that delivers hazardous waste shall provide sufficient information on the origin, content and properties of the waste, such that the waste can be further handled in a responsible manner. When the waste is delivered, the enterprise shall complete a declaration form approved by the Norwegian Pollution Control Authority. The packaging shall be labelled clearly with the serial number of the declaration form. The labelling must be able to tolerate physical and climatic influences.

11-13. Duties of the entity that handles hazardous waste

An entity that handles hazardous waste has the responsibility to ensure that the waste that is accepted from enterprises is declared and shall ensure that the declaration form accompanies all deliveries when the waste is passed on.

The entity that first accepts hazardous waste that is subject to a declaration duty shall at the latest by the 15th of the following month transfer a copy of the completed declaration form to the Norwegian Pollution Control Authority or the agency indicated by the Norwegian Pollution Control Authority.

The Norwegian Pollution Control Authority or the agency authorised by the Ministry of the Environment may set fees for the declaration of hazardous waste. Payment of the fee shall be collected from the entity that first accepts the hazardous waste subject to a declaration duty and shall cover the costs associated with the operation of a declaration system that shall provide the necessary oversight and control of hazardous waste.

11-14. Relationship to other provisions concerning hazardous waste

The provisions in this chapter shall apply unless otherwise specifically determined in the individual chapter elsewhere in these regulations or in other regulations.

11-15. Supervision/control

The Norwegian Pollution Control Authority, the county governor or the agency authorised by the Ministry of the Environment shall ensure compliance with the provisions in these regulations.

11-16. Exemptions

In special cases, the Norwegian Pollution Control Authority or the agency authorised by the Ministry of the Environment may grant exemptions from these regulations. Exemptions cannot be granted that conflict with the provisions of the EEA Agreement relating to hazardous waste or other international agreements to which Norway is a signatory.