THE IMPORT AND EXPORT OF WASTE REGULATIONS 2001

Transcription

1 Statutory Document No. 51/01 THE PUBLIC HEALTH ACT 1990 THE IMPORT AND EXPORT OF WASTE REGULATIONS 2001 Corning Approved by Tynwald 15th May )001 into operation 1st June 2001 In exercise of the powers conferred on the Department of Local Government and the Environment by section 71A of the Public Health Act , and of all other enabling powers, the following Regulations are hereby made: 11, 1. Citation aird commencement These Regulations may be cited as the Import and Export of Waste Regulations 2001 and, subject to section 94(3) of the Act, shall come into operation on the lst June Interpretation In these Regulations - "the Act" means the Public Health Act 1990; "the Basel Convention" means the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, opened for signature at Basel on 22nd March ; "competent authority of destination" and "competent authority of transit" mean the authority designated by the government of the country of destination or the country of transit, as the case may be, as responsible for receiving notification of the removal or transport; "consignee", in relation to waste removed into or out of the Island, means the person to whom the waste is, or is to be, transported for disposal or recovery; 1990 c.10 Cm 3108 Price 2.00 Price Code C

2 "consignment note". in relation to any consignment of waste, means the consignment note referred to in regulation 6(2): "Convention obligation" means an obligation imposed on the Government of the Isle of Man under the Basel Convention; "country of destination" and "country of transit" mean the country or territory to which waste is to be removed, or across which waste is to be transported. as the case may be; "the Department" means the Department of Local Government and the Environment; "disposal" means any operation referred to in Annex II A of Directive 75/442/EEC on waste, as amended by Directives 91/156/EEC and 91/692/EEC and Council Decision 96/350/EEC; "environmentally sound", in relation to the disposal or recovery of any waste, means taking all practicable steps to ensure that the waste is disposed of or recovered in a manner which will protect human health and the environment against the adverse effects which may result from such waste; "the Island" includes the territorial waters of the Island; "the notifier", in relation to any waste removed out of the Island, means the person.$pecified in regulation 6(1); "OECD country" means a country specified in Schedule 1; "recovery" means any operation referred to in Annex II B of Directive 75/442/EEC on waste, as amended by Directives 91/156/EEC and 91/692/EEC and Council Decision 96/350/EEC; "waste" has the same meaning as in Part IV of the Act, except that it does not include waste for deposit in the sea or under the sea-bed - (a) (b) in accordance with a licence under section 19 of the Water Pollution Act 1993', or in accordance with, or exempted by, an order under section 18(2) of that Act. 3. Prohibition on import of waste Any person who removes waste into the Island, otherwise than in pursuance of a Convention obligation to take back waste removed from the Island, is guilty of an offence c.14

3 4. Restrictions on export of waste (1) Any person who removes waste out of the island to a country which is not an OECD country is guilty of an offence. (2) Any person who removes waste out of the Island - (a) without the authorisation of the Department granted in writing on an application under regulation 5, (b) without complying with a condition specified in Schedule 2, (c) (d) without complying with a condition specified in an authorisation, without complying with any applicable requirements of any of the international transport conventions specified in Schedule 3; (e) without giving to the Department the notification required by regulation 6. (f) (g) is guilty of an offence. where, in a case to which regulation 7 applies. a contract complying with that regulation is not in force between the notifier and the consignee for the disposal or recovery of the waste, or where a certificate has not been issued under regulation 8 with respect to the removal, 5. Application for authorisation (1) An application for an authorisation to remove waste out of the Island - (a) shall be made to the Department in the form in Schedule 4, (b) (c) shall include all the particulars specified in that form, and shall be accompanied by the prescribed fee. (2) If it appears to the Department that it cannot properly determine an application under paragraph (1) without further information, it shall give notice to the applicant specifying the information it requires, and shall not determine the application unless that information is Provided. 6. Notification of intended export of waste ( 1 ) In relation to any waste to be removed out of the Island, the obligation under paragraph (2) is imposed on the following person ("the notifier") - (a) the person whose activities produced the waste, if he is in the Island; 3

4 (b) otherwise. the person in the Island who has possession or control of the waste. (2) The notifier shall, not less than 6 working days before any waste is removed from the island, notify the Department of the intended removal by sending to it a consignment note issued by the competent authority of destination and including all the particulars specified in that form. (3) The Department shall, within 3 working days of receipt of a consignment note under paragraph (2), transmit it to the competent authority of destination, with copies to the consignee and any competent authority of transit. (4) Where waste with the same physical and chemical characteristics is removed from the Island by the same person to the same consignee by 2 or more consignments during a period not exceeding 12 months, they may, with the consent of the Department, be notified to the Department by a single consignment note. (5) Where the notifier fails to comply with paragraph (2) he is guilty of an offence. 7. Contract for disposal or recovery ( 1 ) This regulation does not apply where the notifier and the consignee are the same person. (2) A contract for the disposal of waste must include - (a) (b) (c) an obligation by the notifier to take the waste back if the transport of the waste to its destination has not been completed as planned or has been effected in violation of the law of the country of destination or any country of transit; an obligation by the consignee to dispose of the waste in an environmentally sound manner; and an obligation by the consignee to provide the Department, as soon as possible and no later than 180 days following the receipt of the waste, with a certificate that the waste has been disposed of in an environmentally sound manner. (3 ) A contract for the recovery of waste must include - (a) (h) an obligation by the notifier to take the waste back if the transport of the waste to its destination has not been completed as planned or has been effected in violation of the law of the country of destination or any country of transit; an obligation by the consignee to recover the waste, or to cause it to be recovered, in an environmentally sound manner; and 411

5 an obligation by the consignee to provide the Departmem. as soon as possible and not later than 180 days foliowinc the receipt of the waste. with a certificate that tne waste has been recovered in an environmentally sound manner. 8. Financial guarantee or insurance (1) An application for a certificate under this regulation shall be made to the Department in the form in Schedule 5 and including all the particulars specified in that form. (2) Where, on an application under paragraph (1). the. Department is satisfied that there is in force in respect of the removal, or will be at the time the waste is removed out of the Island, a financial guarantee or equivalent insurance covering - (a) the cost of removal of the waste out of the Island and its transport to its destination; (b) (c) the cost of disposal or recovery; and if the transport of the waste to its destination cannot be completed, or it is required to be taken back to the Island, its return and alternative disposal or recovery in an environmentally sound manner, it shall issue a certificate to that effect. S 9. Power of Department to ensure return of waste (1) Where the Department is required by a Convention obligation to ensure that waste removed from the Island is returned to the Island, it may serve a notice under paragraph (2) on the notifier. (2) A notice under this paragraph shall require the notifier to return the waste to a place in the Island specified in the notice by a date so specified. (3) The date specified in a notice under paragraph (2) shall allow the notifier a reasonable time to comply with the notice, having regard, in particular, to the location of the waste at the time the notice is served. (4) Where the notifier fails to comply with a notice served on him under paragraph (2), the Department may serve a further notice on him stating that the Department intends to act as the agent of the notifier to effect the return of the waste as mentioned in that paragraph; and the notifier shall provide the Department with such information and assistance as the Department reasonably requests in writing to enable it to effect the return of the waste. 5

6 (51 Where the Department acts under paragraph (4) it shall be deemed to be the duly authorised agent of the notifier acting within the scope of its authority. (6) Where the notifier fails to comply with a notice under paragraph (2). or with paragraph (4), he is guilty of an offence. 10. Power of Department to ensure disposal or recovery of waste (1) Where, in relation to waste removed to the Island. the Department is required by a Convention obligation to ensure the disposal or recovery of the waste in an environmentally sound manner it may serve a notice on the consignee under paragraph (2). (2) A notice served under this paragraph shall require the consignee to ensure the disposal or recovery of waste in an environmentally sound manner in accordance with the notice and by a date specified in the notice. (3) The date specified in a notice under paragraph (2) shall allow the consignee a reasonable time to comply with the notice. (4) Where a consignee fails to comply with a notice served on him under paragraph (2) the Department may serve a further notice on him stating that the powers set out in paragraph (6) will be exercised on behalf of the Department so far as is necessary to enable it to effect the disposal or recovery of the waste in order to fulfil its Convention obligations. (5) The powers referred to in paragraph (4) shall be exercised on behalf of the Department by a person authorised in writing by the Department for the purpose (an "authorised person"). (6) Pursuant to a notice served under paragraph (4) and so far as is necessary to enable him to effect the disposal or recovery of the waste in order to fulfil the Convention obligations of the Department, an authorised person may, on production of his authority- (a) enter any land which he has reason to believe it is necessary for him to enter and on entering any land take with him - (i) (ii) any person duly authorised by the Department and, if he has reasonable cause to apprehend any serious obstruction in the execution of the powers conferred by this regulation, a constable; and any equipment or materials required for any purpose for which the power of entry is being exercised; (b) make such examination and investigation as may in any circumstances be necessary; 6

7 (c remove any waste from tne land. or arrange to:: its removal. for tile purpose of its disposal or recovery: d) dispose of or recover any waste. or arrange for its disposal or recovery. (7) Section 36 (offences in connection with entry etc.) of the Local Government Act 1983' applies to the exercise of powers under subsection (6) as i: applies to the exercise of powers under section 35 of that Act. (8) The consignee shall provide the authorised person and the Departmem with such information and assistance as the authorised person or the Department may reasonably request in writing to enable the Department to fulfil its Convention obligations. (9) Where the consignee fails to comply with a notice under paragraph (2). or with paragraph (5) or (8), he is guilty of an offence. 11. Keeping of documents offence. (1) The notifier shall keep the following documents relating to any consignment of waste removed from the Island for a period of 3 years beginning with the date on which it was removed (or, in the case of a document relating to 2 or more consignments, the date on which the last consignment was removed) from the Island - (a), the authorisation under regulation 5; (b) (c) (d) the consignment note: the contract for the disposal or recovery of the waste; any document containing or evidencing any financial guarantee or insurance referred to in regulation 8; (e) any certificate under regulation 8. (2) Where the notifier fails to comply with paragraph (1) he is guilty of an 12 False statements Where any person, in an application or notification under these Regulations, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular, he is guilty of an offence. 13. Offences (1) Any person who commits an offence under these Regulations is liable - 4 (a) on summary conviction to a fine not exceeding 5,000; (b) 1985 c.24 on conviction on information, to custody for a term not exceeding 2 years, or a fine, or both. 7

8 (2) In any proceedings for an offence under these Regulations it shall be 'd defence for the person charged to prove that he took all reasonable steps and exercised al: due diligence to avoid the commission of the offence. (3) Section 63 (offences by corporations) of the Local Government Act 1985 applies to an offence under these Regulations as it applies to an offence under an enactment referred to in subsection (1) of that section. 14. Revocations The Import and Export of Waste Regulations are hereby revoked. SD 695/00

9 Regulatior: SCHEDULE, I PART I OECD COUNTRIES Australia Hungary Norway Austria Iceland Poland Belgium Republic. of Ireland Portugal Canada Italy Spain Czech Republic Japan Sweden Denmark Korea Switzerland Finland Luxembourg Turkey France Mexico United Kingdom Germany Netherlands United States of America Greece New Zealand Regulation 4 (3) (b) SCHEDULE 2 CONDITIONS OF EVERY AUTHORISATION UNDER REGULATION 5 1. A copy of the consignment note (bearing the stamp of the competent authority of destination, in the case of waste for disposal) shall accompany every consignment. Wastes which are the subject of different notifications shall not be mixed.

10 Regulation 4(3)(d SCHEDULE 3 INTERNATIONAL TRANSPORT CONVENTIONS Reference and date Common name Full title 1. Cmnd ADR European Agreement concerning the 1957 International carriage of dangerous goods by road 2. Cmnd. 8535, 1980 COTIF RID Convention concerning the international carriage by rail Annex I - Regulations concerning the international carriage of dangerous goods by rail. 3. Cmnd. 7874, 1974 SOLAS International Convention for the safety of life at sea IMDG code International maritime dangerous goods code 5. Cmnd. 8742, Cmnd. 5748, Chicago Convention MARPOL 73/78 Convention on international civil aviation Annex 18 - carriage of dangerous goods by air. International Convention for the Prevention of Pollution from Ships (as modified) ADNR Regulations for the carriage of dangerous substances on the Rhine.

11 Regulation 5(1 it a) SCHEDULE 4 FORM OF APPLICATION FOR AUTHORISATION Notification No Notifier 1. 1 (name) reoistration number tel fax of (address) being the notifier / exporter * of the following waste hereby apply to the Department of Local Government and the Environment for an authorisation under the Import and Export of Waste Regulations 2001 to remove the said waste out of the Isle of Man in accordance with the following details. Contact person tel Consignee 2. Consignee to whom the waste is to be transported (name) of (address) and registration No tel - fax Details of the shipment 3. A (i) Single movement B (i) Disposal (no recovery) (ii) General notification * (multiple movements) (ii) Recovery operation* C Pre-authorised recovery facility yes / no* (Only to be completed if B(ii) applies) 4. Total intended number of shipments 5. Total intended quantity kg / litres 6. First shipment not before Departure of shipment not after * Delete as applicable

12 7. Intended carrier(s)'' (name) of (address) and registration No Tel: Contact person Fax: (attach list if more than one) 8. Disposal / recovery facility (if sanze as consignee write as Block 2) (name) (address) Tel. Fax: Registration No. (where applicable) limit of validity (date authorisation ceases) Contact Person 9. Code No. of disposal / recovery operation (give appropriate "R" or "D" number see later) and technology employed. 10. Waste generator / producer (attach list if necessary) (name) (address) Tel: Fax Contact Person 11. Mode(s) of transport : (for codes see later) 12. Packaging types: for codes see later) 13. Name and chemical composition of the waste: (Give the name by which the material is commonly known, the chemical names of the constituents and their concentration) 14. Physical characteristics : (at normal temperature and pressure see later for codes) Delete as applicable

13 Vvaste identification code (see cones later) - in country of export despatch - in country of import i destination international Waste Identification Code (IWIC): European Waste Catalogue (EWC): Other (specify) 16. OECD classification 17. H number UN Identification number: UN class and proper shipping name: Waste classification (Y number) 18. Concerned countries, code number of authorities (where applicable) and specific points of entry and exit: Country of Export ii Dispatch Transit Countries Country of Import/ destination Departure: 19. Customs offices of entry and% or departure (European Community) Entry: 20. Notifier / exporter's declaration: I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial cruarantees are or shall be in force covering the transfrontier movement. Name: Signature Date:

14 21. TO BE COMPLETED BY COMPETENT AUTHORITY OF COUNTRY OF IMPORT/DESTINATION FOR USE BY COMPETENT AUTHORITIES 22. CONSENT TO THE MOVEMENT PROVIDED BY COMPETENT AUTHORITY of: (name of country) on: Notification received on: Acknowledgement sent on: Name of competent authority, stamp and/or signature Name of competen: authority. stamp and/or sianature Consent expires on: Specific conditions no yes, see block 23 following 23. SPECIFIC CONDITIONS ON CONSENTING TO THE MOVEMENT

15 List of abbreviations used in the authorisation. form DISPOSAL/RECOVERY OPERATIONS (Block DISPOSAL (NO RECOVERY) RECOVERY OPERATIONS D1 D2 D3 D4 D5 D6 D7 D8 D9 D10 D11 D12 D13 D14 D15 Deposit - into or onto land. (e.o. landfill. etc.). Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.). Deep injection, (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories etc.). Surface impoundment. (e.g. placement of liquid or sludge discards into pits, ponds or lagoons, etc.). Specially engineered landfill (e.o. placement into lined discrete cells which are capped and isolated from one another and the environment etc.) Release into a water body except seas/oceans. Release into seas/oceans including sea-bed insertion. - Biological treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12. Physico-chemical treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 (e.g. evaporation, drying, calcination, etc.). Incineration on land... Incineration at sea. Permanent storage (e.g. emplacement of containers in a mine, etc.). Blending or mixing prior to submission to any of the operations numbered Dl to D12. Repackaging prior to submission to any of the operations numbered DI to D12. Storage pending any of the operations numbered D1 to D12. R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12 R13 Use as a fuel (other than in direct incineration) or other means to generate energy. Solvent reclamation/reo -eneration Recycling,/reclamation of organic substances which are not used as solvents Recycling/reclamation of metals and metal compounds. Recycling/reclamation of other inorganic materials. Regeneration of acids or bases. Recovery of components used for pollution abatement. Recovery of components from catalysts. Used oil re-refining or other reuses of previously used oil. Land treatment resulting in benefit to agriculture or ecological improvement. Uses of residual materials obtained from any of the operations numbered R1 to R10. Exchange of wastes for submission to any of the operations numbered R1 to R11. Accumulation of material intended for any operation numbered R1 to R12.

16 MODES OF TRANSPORT PACKAGING TYPES B NUMBER AND UN CLASS (Block 11) (Block 12) (Blocks 17) R - Road T - Train /Rail S - Sea A - Air Waste - inland Waterway 1. Drum 2. Wooden barrel 3. Jerrican 4. Box 5. Bag 6. Composite packaging 7. Pressure receptacle 8. Bulk 9. Other (specify) UN! Class 1 3 _, H number HI H3 H4.1 H4.2 H4.3 Designation Explosive inflammable liquids Inflammable solids Substances or wastes liable to spontaneous combustion Substances or wastes which, in contact with water, emit inflammable gases.., H5.1 Oxidising PHYSICAL CHARACTERISTICS (Block 14) 5.2 H5.2 Organic peroxides 6.1 H6.1 Poisonous (acute) 1. Powdery/powder 6. 2 H6.2 Infectious 2. Solid 8 substances 3. Viscous/paste 9 H8 Corrosives 4. Sludgy H10 Liberation of 5. Liquid 9 toxic gases z,.. in 6. Gaseous 9 contact with air or 7. Other (specify) 9 water H11 H12 H13 Toxic (delayed or chronic) Ecotoxic Capable, by any means, after disposal, of yielding another material, e.g. leachate, which possesses any of the characteristics listed above.

17 V.A,S;TE CLASSIFICATION (1 number' (.11toct: 17; Clinical wastes from medical care in hospitak, medical centres and 1;:.: Wastes from the production and preparation of pharmaceutical products 13 Waste pharmaceuticals. drugs and medicines 14 Wastes from the production. formulation and use of biocides and phvtopharmaceuticais Y3 Wastes from the manufacture. formulation and use of wood preserving chemicals 16 Wastes from the production, formulation and use of organic solvents Y7 Wastes from heat treatment and tempering operations containing cyanides Waste mineral oils unfit for their originally intended use 1 Waste oils/water, hydrocarbons/water mixtures. emulsions I'1d4 Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs'! Ill Waste tarry residues arising from refining. distillation and any pyrolytic treatment 112 Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers. varnish 113 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives 114 Waste chemical substances arisinc, from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known 115 Wastes of an explosive nature not subject to other legislation 116 Wastes from production, formulation and use of photographic. chemicals and processing materials 117 Wastes resulting from surface treatment of metals and plastics 118 Residues arising from industrial waste disposal operations Wastes having as constituents: 119 Metal carbonyls 120 Beryllium; baryllium compounds 121 Hexavalent chromium compounds 122 Copper compounds 123 Zinc compounds 124 Arsenic; arsenic compounds 125 Selenium; selenium compounds 126 Cadmium; cadmium compounds Y27 Antimony; antimony compounds 128 Tellurium; tellurium compounds 129 Mercury; mercury compounds 130 Thallium; thallium compounds 131 Lead; lead compounds 132 Inorganic fluorine compounds excluding calcium fluoride 133 Inorganic cyanides 134 Acidic solutions or acids in solid form 135 Basic solutions or bases in solid form 136 Asbestos (dust and fibres) Y37 Organic phosphorus compounds 138 Organic cyanides 139 Phenols; phenol compounds including chlorophenols 140 Ethers 141 Halogenated organic solvents 142 Organic solvents excluding halogenated solvents 143 Any congenor of polychlorinated dibenzo-furan 144 Any congenor of polychlorinated dibenzo-p-dioxin 145 Organohalogen compounds other than substances referred to in this Annex (e.g. 139,141, 142,143, 144)

18 OECD COUNTRY CODES (Shock 18; Australia AU. Korea KR Austria AT Luxembourg LU Belgium BE Mexico MX Canada CA Netherlands NL Czech Republic. CZ New Zealand NZ Denmark DR Norway NO Finland Fl Poland PL France FR Portugal PT Germany DE Spain ES Greece GR Sweden SE Hungary HU Switzerland CH Iceland IS Turkey TR Ireland IE United Kingdom GB Italy IT United States US Japan JP

19 Regulation SCHEDULE S FORM OF APPLICATION FOR CERTIFICATE AS TO FINANCIAL GUARANTEE OR INSURANCE I hereby apply to the Department of Local Government and the Environment for a certificate under Regulation 8 (1) of the Impor and Export of Waste Regulations. to certify that I have in place a financial guarantee. or equivalent insurance. to adequately cover the disposal of the waste specified in notification in an environmentally sound manner. I enclose a copy of the insurance policy it bond with this form and provide full details of the bond or policy and the several interests of all parties including the mechanism and arrangements to enable the competent authorities to recover costs THE INSURED Name of Insured - Address Telephone Status of Insured - (e.g. notifie / consignee) 2. THE INSURER Name of Insurer : Address - Telephone - Policy number : 3. OPERATORS Please list the following details of all waste. carriers / brokers / dealers who are to handle the waste once it has left the Island : Name Address Role Country in which they will operate : Waste management licence / registration details - Country in which licensed / registered Licence / registration number Name: Address

20 Role Country in which they will operate - Waste management licence / registration details : Country in which licensed / registered - Licence / registration number 4. THE SHIPMENT Notification number Single / General* Date of shipment commencement: Completion : (if General notification give details of known shipment dates and expected frequency of future shipments) Cost of the shipment : Maximum cost of reshipment (hack to the Island or to another facility where the waste can be recovered or disposed of in an environmentally sound manner) : Cost of disposal / recovery : 5. THE POLICY Is the insurance valid against illegal traffic? Yes / No Value of the guarantee **: Date of expiry of policy : 6. ADDITIONAL INFORMATION Please use this space to provide details of any additional information that may be appropriate to this application. I " The guarantee should be of sufficient size to cover the cost of shipment, maximum cost of re-shipment, the cost of disposal or recovery and any handling and administrative costs. In addition it should include an additional contingency Figure of 140% and for general notifications would have to cover all shipments which are active at any particular time. This policy is not intended to address matters of liability and compensation for damage to third parties. Separate arrangements should be made to cover this. Regulation 8 (1) * Delete as applicable

21 Al MADE 17' Apri: 20W W. A. Gilhey Minister for Local Government and the Environment EXPLANATORY NOTE (This note is not part of the Regulations ) These Regulations, made under section 71A of the Public Health Act regulate the import of waste into, and the export of waste from, the Isle of Man, and give effect to the Basel Convention on the control of trans-boundary movements of hazardous wastes and their disposal (1989, Cm 3108). They revoke and replace the Import and Export of Waste Regulations 2000 (SD 695/00), with the following amendments: (a) the list of OECD countries is updated (Schedule 1); (b) (c) (d) exporters are required to comply with specified international transport conventions where applicable (regulation 4(2)(d) and Schedule 2); waste classifications and OECD country codes are to be specified in the form of application for authorisation (Schedule 4). the Form of Consignment Note (Schedule 4) has been removed as the Note is to be issued by the competent authority of destination.