Turkey has updated the regulatory regime for waste management. A temporary storage permit is now required if more than 1,000 kilograms of hazardous waste is produced per month. Other changes apply to license application procedures, introduce new definitions, as well as introduce time limits for storing waste.
The Regulation Amending the Waste Management Regulation ("Amendment Regulation") was published in Official Gazette number 30016 on 23 March 2017. The Amendment Regulation makes changes to the Waste Management Regulation ("Regulation") published in Official Gazette number 29314 on 2 April 2015 by the Ministry of Environment and Urbanization ("Ministry").
Notable amendments to Turkey's waste management regime and obligations include:
- Waste generators which produce more than 1,000 kilograms of hazardous waste per month must now obtain a temporary storage permit from the Ministry's Provincial Directorate for temporary storage of hazardous waste. Temporary storage permission is granted indefinitely. Generators which produce less than 1,000 kilograms are exempt from obtaining a permit.
- Facilities which are exempt from
obtaining an environmental license must still:
- Provide information about waste quantity and type in the waste management plan
- Make declarations through the Environmental Information System
- Comply with legislative waste management provisions.
- Uncontaminated excavated soil has been removed from the Regulation's scope. However, the excavated land must be managed in such a way as to avoid harming the environment and human health, in accordance with the Excavation Soil, Construction and Demolition Waste Control Regulation published in Official Gazette number 25406 on 18 March 2004.
- New definitions for:
- Waste Transportation Vehicles: Vehicles used to transport waste, whose technical criteria are specified by the Ministry.
- Prior Notification Form: Application for the transboundary movement of wastes, made using information, declarations and forms mentioned in Annex-5 of the Regulation.
- Competent Authority: The competent authority of the country which carries out waste imports or exports under the Basel Convention.
- Environmental Information System: An online system established by the Ministry to collect and evaluate environmental management declarations and notifications.
- The definition of "Temporary Storage" has been amended and temporary storage requirements are abolished for places where waste is produced.
- A deadline is introduced for
temporary waste storage. Accordingly, waste can now be stored for
up to (except medical waste):
- Six months for hazardous wastes
- One year for non-hazardous wastes.
- Facilities must still apply to the Ministry for an exemption from obtaining an environmental license.
- If necessary, Metropolitan Municipalities must now establish and/or operate a transfer station for municipal waste.
- Waste producers must now submit a waste management plan to the Ministry's Provincial Directorate, which outlines the producer's plans to avoid and reduce wastes and obtain approval.
- During export of hazardous wastes, a prior notice form and an international movement document form must now be used.
Please see this link for the full text of the Amendment Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
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