Decree No. 130 / 2019 Coll.
Ordonnance on criteria where the asphalt mixture is a by-product or ceases to be waste
Valid
Order
Effective from 01.06.2019
Text versions:
01.06.2019
24.05.2019
130
DECLARATION
of 23 May 2019
on criteria whereby the asphalt mixture is a by-product or ceases to be waste
The Ministry of the Environment, in cooperation with the Ministry of Industry and Trade, provides, pursuant to § 3 (9) of Act No. 185 / 2001 Coll., on waste and on the amendment of certain other laws, as amended by Act No. 154 / 2010 Coll. and Act No. 169 / 2013 Coll., ("the Act '):
Subject matter
This decree implements the relevant provisions of the European Union1), setting out the criteria to be met
(a) the recovered asphalt mixture may be considered by-product and not waste;
(b) the recovered asphalt mixture ceases to be waste;
(c) the asphalt mixture produced from the waste recovered from the asphalt mixture shall cease to be waste.
Definitions
For the purposes of this decree:
(a) an asphalt mixture of a homogeneous mixture consisting of natural or artificial aggregate, filer, road or modified asphalt binder and other additives, additives and ingredients used for its manufacture;
(b) a recovered asphalt mixture of asphalt obtained from the cut-down or other degraded asphalt layers of infrastructure, transport and other areas.
Criteria for recovered asphalt mixture
(1) Reacquired asphalt mixture of quality class ZAS- T1, ZAS- T2, ZAS- T3 and ZAS- T4 is a by-product or ceases to be waste if it meets the following criteria:
(a) it is not contaminated by substances other than those used for its manufacture, laying or in normal operation; such pollution is permissible unless it threatens the possibility of using a recovered asphalt mixture in a manner that complies with this Decree;
(b) it shall be used exclusively in the manner specified for the relevant quality class in Sections 4, 5 or 6;
(c) for a particular method of use, the total amount of polyaromatic hydrocarbons in a recovered asphalt mixture shall not exceed the total quantity fixed for the relevant quality class of the recovered asphalt mixture in Table 1 of Annex 1 to this Decree;
(d) compliance with the requirements for the total content of polyaromatic hydrocarbons is demonstrated by sampling and testing carried out in accordance with Section 7, unless otherwise provided for in this Decree; and
(e) the recovered asphalt mixture, with the exception of the recovered asphalt mixture used by the on-site recycling technology, shall be identified and accompanied by the data set out in Annex 2.
(2) In the case of a recovered asphalt mixture from a structural layer which has been demonstrably built after 1 January 2000, sampling and testing need not be carried out. In such a case, the recovered asphalt mixture for the purposes of this Decree is considered to be a recovered asphalt mixture of the ZAS-T3 quality class.
(3) Where the case is not referred to in paragraph 2 and sampling and testing is not carried out in accordance with Section 7, the asphalt mixture shall be considered to be a recovered asphalt mixture of the ZAS-T4 quality class for the purposes of this Decree.
(4) If, during sampling and testing, the individual layers are found to fulfil the conditions for inclusion in different qualitative classes and the individual layers are not demolished separately, the recovered asphalt mixture shall be classified in the qualitative class by layer with the highest level of polyaromatic hydrocarbons.
(5) In order to be considered as a by-product of a recovered asphalt mixture, sampling and testing must be carried out prior to the start of the works involving the recovery of the asphalt mixture, provided that this decree does not allow the classification of the recovered asphalt mixture without sampling. Pre-construction sampling shall be carried out in the form of test wells so that it is possible to assess separately each asphalt layer to be removed from the construction work.
Criteria for use of recovered asphalt mixture of quality class ZAS- T1 or ZAS- T2
(1) A modified reacquired asphalt mixture of the quality class ZAS-T1 or ZAS-T2 does not become waste but is a by-product, or a processed or crushed asphalt mixture of the quality class ZAS-T1 or ZAS-T2 leaving the waste recovery facility ceases to be waste if:
(a) shall be used only in one of the following ways:
1. the production of a hot, hot or cold asphalt mixture;
2. non-capped ground layer of infrastructure, airport, handling or similar transport areas,
3. the protective layer of infrastructure or airport or similar transport areas,
4. construction of the ground body of infrastructure or railway line construction,
5. an untinted structural layer of field and forest paths,
6. a hydraulically welded surface layer of infrastructure, airport or similar transport areas or railway track construction; and
(b) in the case of a recovered asphalt mixture of the quality class ZAS-T2, it shall not be used in uncumulated applications when carrying out construction works in the water source protection zone (2).
(2) The modified reacquired asphalt mixture of the quality class ZAS-T1 or ZAS-T2 is no longer a waste but is a by-product when used in the on-site recycling technology and, in the case of a recovered asphalt mixture of the quality class ZAS-T2, it is not used in uncumulated applications in the implementation of construction work in the water source protection zone (2).
(3) A reclaimed asphalt mixture of the quality class ZAS- T1 or ZAS- T2 in the form of asphalt cells does not become waste, but is a by-product, provided that its transfer to the asphalt mixture packaging plant is ensured, where it is used to produce a hot, hot or cold asphalt mixture.
Criteria for the use of recovered asphalt mixture of quality class ZAS- T3 or ZAS- T4
(1) A recovered asphalt mixture of the quality class ZAS- T3 or ZAS-T4 does not become waste but is a by-product when used in the cold recycling technology on the spot, using an asphalt binding agent in the form of asphalt emulsion or fouled asphalt alone or in combination with a suitable hydraulic binder. The use of a hydraulic binder only is not permitted in such cases.
(2) When using a recovered asphalt mixture of quality class ZAS- T3 or ZAS- T4 in the on-site cold recycling technology referred to in paragraph 1, the criterion of accompanying the data referred to in Article 3 (1) (e) shall not be required.
Criteria for asphalt mixture produced from waste recovered asphalt mixture
The asphalt mixture produced from waste recovered asphalt mixture shall cease to be waste if:
(a) is produced in a packaging plant of asphalt mixtures which is a device operated by consent pursuant to Article 14 (1) of the Act;
(b) the input recovered asphalt mixture is not contaminated by substances other than those used for its manufacture, laying or in normal operation; the pollution must not jeopardise the quality of the asphalt mixture produced or increase the total content of polyaromatic hydrocarbons,
(c) the total content of polyaromatic hydrocarbons in the input recovered asphalt mixture corresponds to a maximum of the values in the quality class ZAS-T3; and
(d) the total content of polyaromatic hydrocarbons, within the scope of Table 2 of Annex 1 to this Regulation, in a manufactured asphalt mixture shall not exceed 25 mg / kg in the dry matter; compliance with this condition shall be demonstrated in the manner defined in the operating rules of the installation.
Sampling and testing
(1) Sampling shall be carried out in accordance with Czech Technical Standard EN 14899 Characterisation of waste - Sampling of waste - Principles for the preparation and use of the sampling programme of 1 July 2006.
(2) The minimum number of samples taken in relation to diagnostic surveys assessed, corrected or renewed area of the building to be demolished is set out in Table 1 of Annex 3 to this Decree.
(3) The minimum number of samples taken from the recovered asphalt mixture already broken down is set out in Table 2 of Annex 3 to this Decree.
(4) Laboratory tests are carried out in accredited 3) laboratories or accredited 3) professional workplaces.
(5) In laboratory tests, the range of determined polyaromatic hydrocarbons listed in Table 2 of Annex 1 to this Regulation shall be respected.
Notification
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Transitional provisions
(1) A reclaimed asphalt mixture which was recovered before the entry into force of this Decree and ceased to be waste or became a by-product before the entry into force of this Order, but which does not comply with the criteria specified in this Order until 31 August 2019, is waste from 1 September 2019. In the case of a recovered asphalt mixture according to the first sentence, which has become a by-product, the criteria laid down in this Decree shall be deemed to have been fulfilled even if sampling and testing were carried out only after the start of the works.
(2) This decree does not apply to an asphalt mixture which was produced from a waste recovered asphalt mixture before the entry into force of the Decree.
Efficacy
This Decision shall enter into force on 1 June 2019.
Minister:
Mgr. Brabec v. r.
Příloha č. 1
Annex No 1 to Decree No. 130 / 2019 Coll.
Total amount of polyaromatic hydrocarbons (PAH)
Table 1
Total amount of polyaromatic hydrocarbons (PAHs) for quality classes of recovered asphalt mixtures ZAS-T1, ZAS-T2, ZAS-T3 and ZAS-T4
| Celkové obsahy parametru | Jednotka | Kvalitativní třída | |||
|---|---|---|---|---|---|
| ZAS-T1 | ZAS-T2 | ZAS-T3 | ZAS-T4 | ||
| Celkové množství polyaromatických uhlovodíků (PAU) | mg/kg suš. | ≤12 | 12<x≤25 | 25<x≤300 | >300 |
Table 2
Range of determined polyaromatic hydrocarbons (PAH)
| Název | CAS |
|---|---|
| Naftalen | 91-20-3 |
| Acenaftylen | 208-96-8 |
| Acenaften | 83-32-9 |
| Fluoren | 86-73-7 |
| Fenanthren | 85-1-8 |
| Anthracen | 120-12-7 |
| Fluoranthen | 206-44-0 |
| Pyren | 129-00-0 |
| Benzo(a)antracen (BaA) | 56-55-3 |
| Chrysen | 218-01-9 |
| Benzo(b)fluoranten (BpFA) | 205-99-2 |
| Benzo(k)fluoranten | 207-08-9 |
| Benzo(a)pyren (BaP) | 50-32-8 |
| lndeno[1,2,3-cd]pyren | 193-39-5 |
| Benzo(g,h,i)perylen | 191-24-2 |
| Dibenzo(a,h)antracen (DBahA) | 53-70-3 |
Note:
If the waste recovered asphalt mixture containing benzo (a) pyrene ≥ 50 mg.kg-1 is not used in a manner that complies with the provisions of this Decree, it is hazardous waste classified according to the Waste Catalogue as 17 03 01 * tar containing mixtures.
Příloha č. 2
Annex No 2 to Decree No. 130 / 2019 Coll.
Data on recovered asphalt mixture
A recovered asphalt mixture which is a by-product or which has ceased to be waste is identified and accompanied by the following data:
(a) identification of the person who has classified the recovered asphalt mixture as by-product or as the recovered asphalt mixture which has ceased to be waste;
(b) an indication of whether it is a by-product or a recovered asphalt mixture which has ceased to be waste;
(c) the place of origin of the recovered asphalt mixture by-product, at least the road number and the kilometre or address of the site of demolition, or an indication of the installation in which the recovered asphalt mixture ceased to be recovered, at least the address and identification number of the installation;
(d) the quality class of the recovered asphalt mixture and the total polyaromatic hydrocarbon content;
(e) the quantities of the recovered asphalt mixture to which the data relate;
(f) a list of the uses permitted under this Decree for the recovered asphalt mixture;
(g) the signature of the person or the representative of the person who classified the recovered asphalt mixture as by-product or as the recovered asphalt mixture which has ceased to be waste; and
(h) a sampling report and a laboratory test report, or a copy of those reports, if the holder of a recovered asphalt mixture is a person other than the one who classified it as by-product or as a recovered asphalt mixture which has ceased to be waste.
Příloha č. 3
Annex No. 3 to Decree No. 130 / 2019 Coll.
Minimum number of samples taken
Table 1
Minimum number of samples in relation to diagnostic surveys assessed, corrected or restored construction area
| Typ vzorku | Vztažná plocha* /m2/ | Minimální počet vzorků |
|---|---|---|
| Směsný vzorek** | 20 000 | 1 |
| Dílčí vzorek | 5 000 | 1 |
* The reference area is the maximum area that one sample can represent.
* * The composite sample is obtained by mixing from the incremental samples, the sample being homogenised and reduced by the quarts by a laboratory sample, which may represent a maximum area of 5000 m2.
Table 2
Minimum number of samples taken from the recovered asphalt mixture already broken down
| Typ vzorku | Množství*** / t / | Minimální počet vzorků |
|---|---|---|
| Směsný vzorek**** | 20 000 | 1 |
| Dílčí vzorek | 3 000 | 1 |
* * * Amount of recovered asphalt mixture in tonnes that can represent one sample.
* * * * The composite sample is obtained by mixing from the incremental samples, the sample being homogenised and reduced by the quarts by a laboratory sample, which may represent a maximum of 3,000 tonnes of recovered asphalt mixture.
1) Directive (EC) No 2008 / 98 of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. Directive (EU) 2018 / 851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008 / 98 / EC on waste.
2) Article 30 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended. § 21 and 22 of Act No. 164 / 2001 Coll., on natural medical resources, sources of natural mineral waters, natural spa and spa places and on the amendment of certain related laws (spa law).
3) Article 14 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended.
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Regulation Information
| Citation | Decree No. 130 / 2019 Coll., on the criteria for which the asphalt mixture is a by-product or ceases to be waste |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2019 |
|---|---|
| Effective from | 01.06.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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