Hazardous waste in the construction and public works

The legislative reform on waste is topical. In the case of hazardous waste, there are a number of gaps that are still keeping even in the new draft Act on waste and soils Contaminados, so that when they are, in many cases is unknown the appropriate way to proceed. This leads to many of these waste "disappear", with the harmful consequences that this may lead to where is that hazardous waste end up. Association of decontamination of hazardous waste (ADRP) explains in this interview guidelines and standardized procedures to follow when hazardous waste, including the research, identification and quantification of hazardous waste before undertaking any work are.

In the change of use of buildings, renovations, reforms, demolitions, and multitude of construction, it is very common that appear hazardous waste. When this happens, often arise questions about what to do with them.

This lack of information and control by the competent authorities, causes that, occasionally, these waste end "disappearing" in a stealthy manner, being dumped in places that are far from being those indicated, either mixed in containers Street with other types of waste.

This problem, for not clearly establish the processes applicable in each case, has harmful to humans and very serious environmental effects as a result.

Currently it is embarked on a legislative reform at the national and community level which should serve to address the gaps that currently exist in the legislation on waste.

There are numerous questions about the responsibilities and ways of management in multiple areas, but particularly in the practical implementation of the removal of hazardous waste and decontamination of the area.

The framework waste directive (DMR) was published on November 19, 2008. Thereafter, the Member countries of the European Union have begun the process of transposition to their national legislative framework on waste. In the case of Spain, the draft Act on waste and contaminated soils is already in the Council of Ministers, in the final to be approved.

In the Bill, is defined as that dangerous residue "that presents one or more of the hazardous characteristics listed in annex III, and one who can approve the Government in accordance with European Union regulations or in international conventions that Spain is a part"", as well as containers and containers which have contained them."

• H1 explosive: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene the.
• H2 oxidizing: substances and preparations which present highly exothermic reactions to come into contact with other substances, particularly flammable substances.
• H3-A Fácilmente flammable: liquid substances and the preparations which have a flash point below 21 ° C, which can be heated and eventually ignite on contact with air at ambient temperature without input of energy, those can easily swell after brief contact with a source of ignition and which continue burning or eating after the departure the source of ignition; those which are flammable in air at normal pressure and which, in contact with water or damp air, give off highly flammable gases in dangerous quantities.
• H3-B flammable: liquid substances and preparations having a flash point higher or equal to 21 ° C and less than or equal to 55 ° C.
• Irritating H4: substances and preparations non-corrosive that can cause an inflammatory reaction in contact with the skin or the mucous membranes.
• H5 harmful: substances and preparations that by inhalation, ingestion or skin penetration can involve gravity limited health risks.
• H6 toxic: substances and preparations that inhaled, swallowed or absorbed via the skin may involve serious, acute or chronic risks and even death.
• H7 carcinogenic: substances and preparations that inhaled, swallowed or absorbed via the skin can cause cancer or increase its frequency.
• H8 corrosive: substances and preparations that they can destroy tissues to come into contact with them.
• H 9 Infeccioso: substances and preparations containing viable micro-organisms or their toxins which are known or there are substantial grounds for believing that they cause diseases.
• H 10 toxic for reproduction: substances and preparations that inhaled, swallowed or absorbed via the skin can produce non-hereditary congenital malformations or increase their frequency.
• (H) 11 mutagenic: substances and preparations that inhaled, swallowed or absorbed via the skin can induce heritable genetic defects or increase their frequency.
• H 12: waste that emit toxic gases to come into contact with certain media.
• H 13 sensitizer: substances and preparations that, by inhalation or penetrate the skin, can cause a reaction of hypersensitisation, so that subsequent to the substance or preparation exposure give rise to harmful effects.
• H 14 ecotoxic: waste which presents or may present immediate or deferred risks for one or more compartments of the environment.
• H 15: waste likely to give rise to another dangerous substance by a half either, e.g. a leachate which possesses any of the listed features.

Carefully reading this table, is easy to see that more and more are the materials and products that can be classified as hazardous waste, or to the end of its useful life, either because they should be left to use immediately.

Due to its special status and the disparate characteristics that may have, hazardous waste must be managed in a specific way; especially those requiring a process of decontamination.

However, in the current Bill is has ignored who, how and what control procedures are followed in the case of being to hazardous waste. In theory, should have someone to develop an investigation and identify the type of waste that we face, quantifying the amount found, then begin the process of management as appropriate (isolation, decontamination, retirada…).

In addition, all hazardous waste, should be transferred to a Manager authorised end, which is responsible for operations of treatment and/or final storage of foods. All the control and monitoring, from the moment in which hazardous waste started its way to the handle end is, in general, well defined and instrumentalised. However, the real issue is who should investigate whether waste is dangerous, and how to do it.

This lack of clear definition is not new, already in previous waste law, both general (law of waste 10, 1998), and other more specific (Royal Decree 105/2008 on construction and demolition waste) and even specialized (Royal Decree 396/2006 on risk of exposure to asbestos) mentioned the opportunity to carry out preliminary research and identification, but without concrete procedures at any time.

In the case of asbestos, which tends to be the dangerous waste which is taken as a reference when speaking of decontamination, there are timid attempts to explain what to do in this respect, but without specifying whom and how, so the problem remains.

In general, one can say that, to the not specified in a specific way in the legislative framework, is to the good will of anyone who finds to hazardous waste to choose the way forward, either risking to be brought to trial, so that it is the judge who decides whether the work was performed properly.

From the Association of decontamination of hazardous waste, ADRP, is proposed to establish a protocol for research, identification and quantification of hazardous waste, which is applicable in general, whatever the sector or activity (industry, construction, naval…).

It is necessary to define these guidelines, which should necessarily go through the aforementioned stages of research, identification and quantification of hazardous waste in every case, prior to the start of the work. If not are hazardous waste, which can be shown that the necessary investigations, have been and if present, is documenting how many and where.

Also should link these guidelines with the measures of control and monitoring existing, encouraging as it establishes European legislation the free transit of waste provided that they are handled properly.

Moreover, should be an independent agent who is responsible for these tasks of identification, investigation and quantification. It makes no sense that the owner of the property (building, industry, navío…) is who decides what is dangerous, much less their suppliers (construction companies, demolition, specialists) in decontamination.

ADRP intends to carry out a project to define how these processes must be made. With the collaboration of AECCTI, the Association of enterprises of quality assurance and Control technical independent, intends to develop such a Protocol, so that any accredited entity to carry out this work in accordance with the same.