WHEN THE LAST TREE IS CUT THE LAST FISH IS CAUGHT,
AND THE LAST RIVER IS POLLUTED,YOU WILL REALIZE, THAT YOU CAN’T EAT MONEY.Cris Indians, Canada, 1885
Help (FAQ)
1. What are the legal regulations for the management of construction and demolition waste?
The legal regulations in Spanish law regarding the management of waste from construction and demolition established under Royal Decree 105/2008, of 1 February, thereunder, the production and the management of construction and demolition waste is regulated.
Furthermore, on the island of Mallorca, there is also a mandatory legal set of regulations established in the sectorial regulation for non-hazardous waste for use on the island of Mallorca.
2. What are the legal requirements for the management of construction & demolition waste?
According to the Royal Decree of the Spanish Law of Construction and demolition waste (CDW), the construction and demolition waste generated on a building site, and which is not reused on the same site, must be transported by an authorized transporter of said waste. This delivery must be adequately and reliably documented.
In the case of The Island of Mallorca the unique authorized manager of the treatment of construction and demolition waste is the mandatory public service managed by MAC Insular.
It is completely forbidden to directly dump construction and demolition waste that has not been treated at an authorized plant.
3. Which are the duties established in the construction and demolition legal regulations?
In the case of major construction work, the project must include a construction and demolition waste management study, as well as an estimation of the management cost which must be included in a separate chapter of the budget, moreover, the main developer must have the supporting documents of the correct waste management and, when it proceeds, to constitute a deposit that the work will be carried out in accordance with Spanish law.
According to the Sectorial regulations, on the Island of Mallorca when a building permit is requested a formalized contract with MAC Insular should be handed in, and a deposit of 125% of the total management cost of the construction and demolition waste expected to be generated.
In case of minor building sites, according to the Sectorial regulation, the only obligation established is the correct management of construction and demolition waste generated.
4. What should be included in the study of waste management construction and demolition?
The study should include at least:
- An estimate of the amount of the construction and demolition waste (CDW) that will be generated by the work, and an inventory of hazardous waste in the case of demolition, reform or re-inhabitation.
- The measures for waste prevention in the work.
- The operations of reuse, recovery or disposal of the waste. (Where waste will go/ how it will be used). The use and destination of the waste.
- Measures for the separation of waste during the work, in particular the legal obligation of the separation of the CDW established in art. 30 of Law 7/2022 of the Waste Law.
- Plans of the storage facilities and for the handling, separation and, where appropriate, other management operations CDW within the work.
- An assessment of the estimated cost of the management of CDW which needs to be in a separate part of the project’s budget.
5. What is the management plan for construction and demolition waste produced?
This is the document the builder must prepare and submit to the property developer, which reflects how the construction and demolition waste management will be carried out at the construction site. This document must be approved by the project manager and accepted by the property developer, becoming part of the contract between the property developer and the builder. However, the property developer is responsible for everything including the costs of waste management in the project, and the required supporting documentation of proper waste management from the builder.
6. Who is responsible for the proper management of the construction and demolition waste produced at a construction site?
The builder is the person in charge and who has to prove the correct waste management to the property developer. The project manager is also responsible, provided that the waste management is part of the project, which is included in the contract between the property developer and the builder.
7. Could I reuse the construction and demolition waste I generate on my own building site?
You might only reuse the construction and demolition waste if it has been generated by you at that particular building site. This activity must be established and detailed in the study and in the management planning of construction and demolition waste. Any other activity of recycling and removal from the building site, which, in the case of Mallorca, may only be done by MAC Insular.
8. What kind of waste could be allocated to quarry restoration?
Non-contaminated excavated land could be allocated in quarries (this fact, in accordance with article 9 of Sectorial Regulation, the Consell de Mallorca must be notified, especially, the Dirección insular de gestión de residuos of the Departamento de Medio Ambiente). Moreover, stony waste from the plants of the public service managed by MAC Insular could also be allocated to quarries.
9. What is the sectorial regulation for non-hazardous waste of the island of Mallorca?
This is the legal tool that sets out, the required management of the construction and demolition waste (debris, rubble), excluding soils and non-contaminated and clean earth from levelled grounds, bulky waste (white goods-electro domestic goods-, electronic equipment, furniture and mattresses), and tyres, among others for the island of Mallorca.
10. How is the public service financed?
Nowadays, the Public Service is financed by fees paid by users and by way of limited government grants, in case of the latter, specifically by the "Consell de Mallorca".
11. Where can I find the standard Contract with MAC Insular?
The contract can be found on the MAC Insular website, in the user management section or by clicking clicking here.
12. Who should fill out the Contract with MAC Insular?
The contract must have the name of the firm/company/ contractor that has requested the planning permission at the town hall. The current account holder on the contract should be, in most cases, the same firm. However, when the account holder is not the firm that has requested the planning permission, it will be necessary to provide a document, signed by the current account holder, stating agreement to the payment of the waste treatment invoices by the property developer and, in addition, a bank certificate verifying the account ownership.
In any case, the waste treatment invoices and related treatment is issued with the name of the firm that has signed the contract.
13. Should I attach the required documentation each time I make a Contract with MAC Insular?
Yes, so that all procedures are carried out with updated documentation and the applicant`s identity is correctly accredited.
14. Must I put the planning permission number on the contract?
What can I put if the town hall has not yet allocated me one/Sent it to me yet?
In these cases, you must include the file number, and once the town hall has sent you the planning permission number, it then must be forwarded on to MAC Insular.
15. When does a contract with MAC Insular end?
To terminate a contract, the end of the work must be communicated to MAC Insular and at this time, MAC Insular issues the certificate for the amount waste that has been delivered to their management team by way of the work.
16. Is it mandatory to pay a deposit as security?
Paying the deposit by bank transfer is only one of the options available. It might also be paid in cash. For more information, please consult on the Consell de Mallorca website, section “Gestión tributaria y recaudación” (Tax management and collection), “Fianza ordinaria” (Ordinary deposit) or “Fianza única de residuos de construcción-demolición para obras mayores” (Single deposit for construction-demolition waste from major construction works), as the case may be.
17. When will the deposit be returned to me?
Once the work has ended, a deposit return request as well as the waste management certificate issued by MAC insular should be sent to the Consell de Mallorca. For more information, please consult on the Consell de Mallorca website, section “Gestión tributaria y recaudación” (Tax management and collection), “Fianza ordinaria” (Ordinary deposit) or “Fianza única de residuos de construcción-demolición para obras mayores” (Single deposit for construction-demolition waste from major construction works), as the case may be.
18. When is the authorization of the transporter required?
The authorization of the transporter is not required when waste is delivered, the waste plant assumes responsibility for the cost of management.
However, if payment has to be made to a third party transporter, it is essential to provide, an original copy for each visit, signed by both the transporters, and by which the developer agrees to assume the cost of waste management delivered of each trip.
19. Where I can find a template for the authorization of the transporter?
On the website of MAC Insular in the downloads section or by clicking here.
20. Does the Identification Document (DI) serve as authorization for the transporter?
No, the DI is a mandatory document for waste transportation purposes, according to Law 7/2022, Law 8/2019 and RD 553/2020 on waste shipment. The authorization of the carrier is for the purpose of payment of the waste delivered at MAC Insular..
21. Do the rates of treatment, include VAT?
No, the rates are excluding VAT. The applicable VAT is at the reduced rate, which is currently 10%.
22. Why is the waste from construction and demolition fee Variable?
The rate per ton of waste management of construction and demolition is variable depending on the density principle of "the polluter pays" principle, as a container with a lower density means that the material is dirtier and therefore, is more expensive to treat.
23. When does MAC Insular charge me waste management that has been left at the plant?
When do I pay for the waste which has been taken to the plant?
When am I charged for the waste being left at plants?
When am I charged for the waste being taken to the pants?
Payable in cash at the time of unloading at each plant, except if it has been unloaded by a registered client or an original copy of the authorization by the property developer is presented at the time of delivery.
In the latter two cases, at the end of the month, an invoice for the amount of all entries made during that month is issued. This invoice will be charged to the account provided on the contract, within 30 days from the date of issue in the case of private customers, or 60 days, in the case that the customer is the public administration.
24. Invoices MAC Insular can be deducted from the deposit?
No, they are completely separate concepts. Invoices are payable to MAC Insular and deposit is deposited at the Consell de Mallorca, being able to be recovered after completion of the work with proof of proper waste management.
25. What waste is admissible at MAC Insular facilities?
The list of waste accepted at MAC Insular facilities can be found on the website, in the downloads section or by clicking here.
Inadmissible waste must be delivered to authorized managers (details of which can be found under Punt d`informació environmental).
26. Can I deliver cement at MAC Insular?
The cement may contain asbestos, and therefore may be classified as hazardous waste. For this reason, it is not a permissible waste at MAC Insular facilities unless insurances that the waste contains no asbestos (fibre cement) can be provided. This type of waste must be delivered by an authorized agent (see Punt d`informació environmental).
