Hazardous waste: classification, management and obligations

Hazardous waste is waste that displays one or more hazardous properties and poses a risk to human health or the environment. For that reason it requires specific, far stricter management than non-hazardous waste: separation at source, safe packaging, labelling, limited storage periods and documented transfer to an authorised waste manager.

To tell whether waste is hazardous you need to check two things: whether it displays any of the HP hazardous properties defined by EU law, and whether its European Waste Catalogue (EWC) code carries an asterisk. If it does, the waste is considered hazardous and must be handled as such.

The reference framework is twofold: the Waste Framework Directive 2008/98/EC at EU level and Law 7/2022 on waste and contaminated soil for a circular economy in Spain, which transposes it and drives the shift towards a circular economy.

What hazardous waste is

Waste is hazardous when, because of its composition or properties, it can cause harm if it is not managed under control. This covers waste that can burn, corrode, poison, trigger chemical reactions or contaminate water and soil. It is common in industry (solvents, acids, paints, used oils), but also in activities such as healthcare, with hazardous medical waste.

The practical consequence is clear: hazardous waste cannot be mixed with the rest, cannot be stored indefinitely and cannot be handed to just anyone. Every step leaves a documentary trail, because traceability is the backbone of its management.

How hazardous waste is classified

Classification combines two complementary systems: the hazardous properties and the European Waste Catalogue code.

Hazardous properties (HP1 to HP15)

Annex III of Directive 2008/98/EC describes fifteen hazardous properties, from HP1 to HP15. They were adapted by Regulation (EU) No 1357/2014, applicable since 1 June 2015, and Regulation (EU) 2017/997, applicable since 5 July 2018, which revised the ecotoxic property (HP14). Waste is hazardous if it displays at least one of them. Some of the most representative are:

• HP1 explosive: can react to produce an explosion.
• HP3 flammable: ignites easily or supports combustion.
• HP4 irritant: irritates the skin or damages the eyes on contact.
• HP5 specific target organ toxicity or aspiration toxicity: can damage organs on exposure, or be toxic if aspirated.
• HP6 acute toxicity: causes serious effects after a single exposure.
• HP7 carcinogenic: can cause cancer or increase its incidence.
• HP8 corrosive: destroys living tissue on contact.
• HP14 ecotoxic: poses a risk to the environment.

The full list runs up to HP15 (waste capable of giving rise to another hazardous property not present in the original waste). Working out which HP properties a waste displays usually requires knowing its composition and, in borderline cases, analysing it in an accredited laboratory.

The EWC code and the asterisk

Each type of waste has a six-digit EWC code that identifies its origin and nature. The rule for hazardousness is simple:

• If the code carries an asterisk (*), the waste is considered hazardous.
• If it appears without an asterisk, it is considered non-hazardous.

The exception is what are known as mirror entries: pairs of codes, one with an asterisk and one without, for the same type of waste. In that case the actual concentration of hazardous substances determines which one applies, so you sometimes have to analyse the composition before deciding. Assigning the right EWC code is the first step of any management process, because the treatment, transport and paperwork all depend on it.

Obligations of the hazardous waste producer

Law 7/2022 sets out the obligations of the initial producer or other holder in article 20 (managing their waste) and article 21 (storage, mixing, packaging and labelling), and Royal Decree 553/2020, in force since 1 July 2020, governs transfers within Spain. The main obligations are:

• Separation at source: do not mix hazardous waste with each other or with other waste or materials.
• Safe packaging: use suitable containers that ensure containment and prevent leaks or spills.
• Labelling: identify containers clearly, visibly, legibly and indelibly.
• Temporary storage: do not exceed the maximum period set for the temporary storage of hazardous waste at the producer's site.
• Documented transfers: process each transfer through the electronic system, with its identification document.
• Delivery to an authorised manager: never abandon the waste or hand it to unauthorised third parties.
• Chronological record: log every operation and submit, where applicable, the annual waste report.

Producer obligations table

The storage period and the start date

Temporary storage of hazardous waste at the producer's site has a general maximum period of six months, extendable only exceptionally by the competent regional authority. In addition, the producer must record the initial storage date both in the chronological record and on the cages, containers or shelves where the waste is kept, so that any inspection can confirm the period has not been exceeded.

Transfers and the information system

Every movement of hazardous waste to the manager must be documented through the electronic waste information system, e-SIR, in line with Royal Decree 553/2020. This system generates the identification document that travels with the waste and makes it possible to reconstruct its full journey, reinforcing traceability and preventing any loss of trail between producer and manager.

Applicable regulations

Hazardous waste management rests on two central pieces of the Spanish waste framework:

• Law 7/2022, of 8 April: the Spanish framework that transposes EU law, orders the obligations of producers and managers and pursues the circular economy. It also updated the penalty regime for waste, toughening the response to the most serious breaches.
• Royal Decree 553/2020, of 2 June: governs the transfer of waste within Spain, including hazardous waste, and sets out the electronic documentation and notification. It repealed the earlier Royal Decree 180/2015.

Both fit within the waste hierarchy, which puts prevention ahead of treatment and disposal. For companies, beyond the risk of a penalty, orderly management of their industrial waste cuts costs and provides legal certainty.

Frequently asked questions

How do I know if waste is hazardous?

You need to check two things: whether it displays any of the HP1 to HP15 hazardous properties and whether its EWC code carries an asterisk. If the code is marked with an asterisk, the waste is hazardous. In mirror entries, the actual concentration of hazardous substances decides.

How long can I store hazardous waste?

The general maximum storage period at the producer's site is six months. You must record the initial storage date in the chronological record and on the containers or shelves themselves so you can prove it during an inspection.

What is the chronological record?

It is the mandatory register in which the producer logs, in date order, every waste management operation: inflows, outflows, quantities, EWC codes and destination. It is the documentary basis of traceability and it feeds the annual report where one is required.

Manage your hazardous waste without losing traceability

Classifying each waste, keeping track of storage periods, documenting transfers and maintaining the chronological record is easier with a single system. With Manglai's waste management software you can centralise the trail from source to manager, ensure legal compliance and always have the traceability the regulations require at hand.