Hazardous Substances and Dangerous Waste

Hazardous Substances and Dangerous Waste

Whether you manufacture, import, pack, deal in, issue, transfer / prepare, store, or just hold hazardous substances - according to the Hazardous Substances Act, it is prohibited to handle hazardous materials without a Permit to hold toxins. But the law is not simple and it is not always easy to understand just which are the toxins for which a Permit must be obtained, and moreover - what are the concentration limitations and the quantities below which no toxic permit is required. Then, as if this is not enough - the judgments on the subject make the issue more complicated, and establish rules and other judicial practices that define the way of interpretation of the cases in which a permit is required compared to cases where toxins may be handled without a legal obligation to obtain a Permit to hold toxins.

 

Maybe you have not noticed - but within the table that contains the list of toxins required to obtain Permits, additional conditions are attached. Some of them general, while others are unique to you. Sometimes, the additional conditions spread over dozens of pages, and contain instructions and numerous sub-clauses, which are not understood and seem unimportant to the bearer. Compliance with each and every one of these conditions, constitutes the very basis for the existence of your business activity, so much so that the violation of permit conditions on toxins may lead to the cancellation of the permit, indictment, or issuing of an administrative order requiring you to remove the toxins from the plant and immediately cease dealing with toxins.

We are well acquainted with the additional conditions attached to the permit to handle toxins and we can assist you to "pick out the wheat from the chaff": to determine from the abundance of existing orders which are relevant to you, and what is the order of importance when coming to implement them while taking into account other constraints such as legal risks, safety risks and legal exposure of the corporation and its directors.

In addition to the poisons permit, businesses are also bound by a great many additional provisions due to activities with hazardous materials. For example, businesses have the duty to submit 'Factory portfolios' or ready-to-run emergency procedures, to carry out risk assessments, prepare and update safety issues, perform regular exercises and training sessions etc. For the most part, the assessments received will be in accordance with the law, but occasionally they deviate or actually exaggerate the law. At this point, we can advise you where is the fine line between compliance with the provisions, and the financial expenses and legal risks that may arise from compliance with provisions issued without or beyond authority ("ultra vires").

 

Hazardous materials incidents are an integral part of the business of handling hazardous substances. There are many provisions of the Israeli environmental law, dealing with various aspects of this topic. When studying the rulings of the courts, we see that judges often see great importance in the early preparations made by the company. We can advise you, how to put together a portfolio that will lye a solid foundation for creating your environmental management system to start with, and the management system for the handling of hazardous materials in particular. We will take care that the existing procedures which we review or the new procedures that we formulate shall be effective, and in due course hold up in court if the need arises.

 

We provide representation, legal counsel and Legal support throughout the process of achieving a toxic materials permit, and through the management of negotiations on the conditions of the permit versus the Commissioner under the Hazardous Substances Law - 1993. We also provide legal advice regarding the disposal of hazardous chemicals and their wastes, including recycling, including obtaining an administrative approval. On the international platform, we advice on the import and export of hazardous waste, subjected to the provisions of the Basel Convention on transboundary transport of hazardous waste.

 

Hazardous Substances Act allows imposing financial sanctions in relation to the Company's financial cycle. These financial sanctions could reach significant amounts and constitute an existential threat to the Company. Providing legal response to the Administrative sanctions, along with appeals to the administrative courts to revocate the decisions and possibly annul them are part of the consultation and representation we can give you. Often, indictments are brought against enterprises or Local authorities on the issue of handling hazardous materials. In these cases, we can prepare you for hearings and investigations vs. the "green police" - the environmental supervision unit - and, if necessary, also provide the very best legal representation at the criminal court. We have rich experience in the field, and we can help you with that too.

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