Decree of the Ministry of Environment No. 339 / 1997 Coll.
Decree of the Ministry of the Environment on the evaluation of hazardous properties of waste
Valid
Order
Effective from 01.01.1998
Text versions:
01.01.1998
31.12.1997
339
DECLARATION
Ministry of Environment
of 11 December 1997
on the evaluation of hazardous properties of waste
The Ministry of the Environment provides in agreement with the Ministry of Health pursuant to § 4 (5) of Act No. 125 / 1997 Coll., on Waste, hereinafter referred to as "the Act":
Hazardous properties of waste
The limits for assessing hazardous properties of waste (Section 2 (2) of the Act) are set out in Annex 1 to this Decree.
Authorised person
(1) The assessment of the hazardous properties of the wastes listed in Annex 1 to this Decree is carried out by a legal person or natural person entrusted jointly by the Ministry of the Environment (hereinafter "Ministry") and the Ministry of Health and listed by the authorised persons (hereinafter "delegate") .1.
(2) The request for delegation and entry in the list of authorised persons submitted by natural persons or legal persons to the Ministry of Health or the Ministry of Health includes:
(a) the name or name and surname, registered office or place of residence of the applicant;
(b) a certified copy of the business authorisation (e.g. business licence) or a certified copy of the extract from the business register or a certified copy of the establishment document, if the applicant is a legal person or a natural person authorised to do business;
(c) a list of the dangerous properties which the applicant wishes to assess in accordance with Annex 1 to this Decree and evidence of his competence in such activities.
Content of the application for a certificate of hazardous properties of waste
(1) A certificate of hazardous properties of waste (hereinafter referred to as the "certificate") is issued by the authorised person upon request by the originator or authorised person.
(2) The application for a certificate shall contain:
(a) the name, registered office or place of residence or, where appropriate, the applicant's identification number;
(b) in the case of authorised persons, a certified copy of the applicant's authorisation pursuant to Article 2 (13) of the Act;
(c) the type and code of waste under consideration according to the Waste Catalogue;
(d) a description of the generation (origin) of the waste (determination of the operation, plant, technology or process in which the waste was produced, the raw materials used);
(e) the characteristics of the waste and the specification of the content of hazardous substances which are present in the waste or which can be expected to occur under certain conditions due to its origin, including their properties;
(f) the quantity of waste produced per time unit.
(3) Where the supporting documents referred to in paragraph 1 are not sufficient for the assessment of the hazardous properties of the waste listed in Annex 1, the authorising officer may require the applicant to submit additional supporting documents, in particular:
(a) the report on waste sampling as set out in Annex 2 to this Decree;
(b) data on the method of preparing samples for testing the hazardous properties of waste;
(c) protocols for testing the hazardous properties of waste carried out taking into account the expected properties of waste;
(d) the results of a toxicological test, in particular acute toxicity tests on warm-blooded organisms, taking into account the potential human exposure;
(e) results of chemical analysis of waste which is specifically targeted at the presence of substances which may cause late action (carcinogenic, mutagenic or toxic to reproduction), results of the determination of mutagenic and carcinogenic activity, or toxicity to reproduction of organisms,
(f) results of a local effect test on the skin or mucous membranes,
(g) additional information on the origin of the waste with regard to the possible presence of pathogenic micro-organisms.
Sampling
(1) Sampling for evaluation [Paragraph 3 (3) (a) of this Decree] shall be carried out in accordance with the standard methods laid down in technical standards (2) in order to obtain a representative sample of the waste under consideration. When sampling, particular care must be taken to:
(a) the selection of the types of tests or methods required and the choice of laboratory or expert workplace;
(b) drawing up a sampling plan, including justification for the sampling method chosen;
(c) consistent and planned quality assurance and quality management of the sampling process;
(d) technical and personnel security of sampling with regard to safety of work and environmental protection;
(e) the collection and transport of a representative sample;
(f) processing of the sampling documentation.
(2) A report shall be drawn up on the sampling, together with the reports on the tests carried out on the hazardous properties of the waste being part of the certificate. The details of the waste sampling protocol are set out in Annex 2 to this Decree.
Method of evaluation of hazardous properties of waste
(1) The assessment of the relevant hazardous properties of waste shall be carried out by comparing the limits of their indicators or by applying the assessment criteria for hazardous properties set out in Annex 1 to this Decree with the actual characteristics of the waste evaluated.
(2) The assessment of hazardous properties of waste may already be carried out on the basis of information obtained from supporting documents submitted by the applicant.
(3) Where the evaluation of individual hazardous properties of waste cannot be ensured in the manner referred to in paragraph 2, testing shall be carried out in accordance with the applicable technical standards and rules for determining the characteristics of such properties.
(4) Tests are carried out in laboratories and professional workplaces accredited under the Czech Republic accreditation system.3)
(5) The conclusion of the assessment shall be given in the certificate.
Certificate of hazardous properties of waste
(1) The certificate issued by the delegate shall contain in particular:
(a) the name, registered office or place of residence and, where appropriate, the identification number of the applicant for the issue of the certificate;
(b) the name and surname or name, address or place of residence or place of registered office and telephone connections of the authorised person who has processed the certificates;
(c) the type and code of waste under consideration according to the Waste Catalogue;
(d) a description of the generation (origin) of the waste (determination of the operation, plant, technology or process in which the waste was produced);
(e) classification of waste by degree of hazard for the purpose of transport, 4)
(f) the duration of the certificate,
(g) conditions for the control of waste properties (frequency and method of control);
(h) the conclusion of the evaluation;
(i) the date of issue, the stamp and signature of the authorised person;
(j) Annexes containing all copies of the documents on the basis of which the authorised person issued the certificate.
(2) The certificate shall enter into force on the date of issue.
Withdrawal of the certificate
Withdrawal of the certificate shall be carried out by written notification with the appropriate justification of the originator or the beneficiary.
Efficacy
This Decree shall take effect on 1 January 1998.
Minister:
Ing. Skalický v. r.
Příloha č. 1
Annex No 1
SAFETY CHARACTERISTICS OF WASTE
1) EXPLOSIVE
is a property that has wastes that can explode by the action of thermal stimuli or that are more sensitive to impacts or friction than dry crystalline m- dinitrobenzene, or that can be induced by reaction of a detonative nature, or that are capable of self-decomposition with a release of heat that can lead to explosion. Explosive evaluation criteria are the result of tests5).
2) HOSPITAL
flammable is a property of waste substances / preparations which are flash-point liquids, in a specified closed cup, higher or equal to 21 ° C and lower or equal to 55 ° C, or liquids with a flash-point higher or equal to 55 ° C when heated to / above the flash-point temperature.
high combustivity is a property of waste substances / preparations which are:
- liquids with flash point, in a specified closed cup, of less than 21 ° C, whose mixture of vapours with air at temperature and barometric ambient pressure may be dangerous by ignition / explosion,
- the gaseous state and at ambient temperature and barometric pressure may form an explosive mixture with a measurable lower and upper limits of explosion,
- in the form of liquefied gas (s) and at ambient temperature and barometric pressure may form an explosive mixture with a measurable lower and upper limit of explosion,
- solid state (powder, granular or pasty) and can be easily ignited by short-term contact with a defined external ignition source and / or where the flame spreads after ignition under test conditions at speeds greater than 0,45 mm / s and / or where the flame / reaction zone expands under test conditions within 10 minutes (metallic dust),
- a rigid or liquid state capable of releasing flammable gases at a rate of at least one litre of gas per kilogram of substance / preparation per hour, under test conditions, in contact with water or air humidity, or which are ignited during the test,
- organic peroxides (certain species) which, in accordance with the test results, are highly flammable even if they are not in contact with another flammable substance.
3) OXIDATION COMPETITION
is the property of waste substances / preparations which are capable of releasing oxygen and providing it to other substances and thereby causing highly exothermic reactions after contact or in a mixture with other substances, particularly flammable substances. This property is in accordance with the results of the prescribed tests:
- organic peroxides (certain species) which are highly flammable even if they are not in contact with another flammable substance,
- other oxidants (e.g. certain chlorates, nitrates) which may cause or increase the risk of fire or become explosive if they come into contact with flammable material.
4) HEALTH OF ORGANIC PEROXIDES
is the characteristic of organic peroxides of types R1 - O - O - R2 or R - O - O - O - H to spread detonation or deflagration, react to heating, be subjected to heat explosion, burn sharply or act as a strong oxidiser for other substances (properties are determined by experimentally series of eight types of tests according to the specified advanced diagram and criteria for classification into groups A to G for transport).
5) THE COMPETENCE OF WASTE TO ACCEPTANCE WITH AIR OR WATER GAS
the ability to release waste in contact with water or air from 1 kg per hour is more than 1 litre of toxic gas.
6) ECOTOXICITY
is a characteristic of waste which presents an acute or late hazard due to adverse environmental loads by biological accumulation or toxic effects on biotic systems. These are wastes that report for at least one of the test organisms at a specified time of exposure of the test substance to the test organism:
a) Poecilia reticulata, or Brachydanio rerio (duration of action 96 hours)
(b) ↑ nia magna (48 hours duration)
c) Raphidocelis subcapitata (Selenastrum capricornutum) or Scenedesmus subspicatus (72 hours duration)
(d) the seed of the Sinapis album (72 hours).
for water-soluble waste - EC (IC) value 50 ≤ 10 mg.l-1; or
in the case of waste in water insoluble, the aqueous leaching of which has a LC (EC, IC) value of 50 S ≤ 10 ml.l-1 for at least one of the test organisms, or the TU toxic unit ≥ 10 *).
7) NEXT DANGER
is the ability to release hazardous substances into the environment after disposal.
Consequently, waste which, after treatment or disposal has been carried out, is considered to be hazardous in quantities exceeding the limit concentrations laid down for the waste leaching class III.
8) ACUTE TOXICITY
waste is an acute toxicity hazardous waste in relation to humans if, as a result of the absorption of a very small dose of the active substance (s) or of the active substances (s) contained in waste, regardless of the route of incorporation into the organism, severe, generally irreversible, damage to health with a risk of death can occur.
Waste has a dangerous characteristic of acute toxicity if:
(a) the content of one or more substances evaluated as very toxic is at a total concentration of ≥ 0,1%;
(b) the content of one or more substances evaluated as toxic is at a total concentration of ≥ 3%;
(c) the content of one or more substances which are evaluated as harmful is at a total concentration of ≥ 25%.
9) PREVIOUS EFFECTS
waste is hazardous to humans from the point of view of irreversible late effects if it contains proven carcinogens, mutagens, teratogens or embryotoxic substances.
Waste has a dangerous feature of late effect if:
the content of one or more substances evaluated as carcinogens, mutagens, teratogens or substances having an embryotoxic effect is at a total concentration of ≥ 0,1%.
10) RIGHTS
waste is hazardous to humans in terms of corrosive effect if it causes irreversible destruction of the tissue at the point of contact.
Waste has a dangerous corrosivity property if:
(a) the content of one or more substances which are classified in such a way that they can cause severe etching is at a total concentration of ≥ 1%
(b) the content of one or more substances which are classified in such a way that they can cause etching is at a total concentration of ≥ 5%
(c) the content of one or more substances which are classified as irritant substances and may cause severe eye damage at a total concentration of ≥ 10%
(d) the content of one or more substances which are classified as irritants and may cause eye irritation, respiratory irritation and skin irritation at a total concentration of ≥ 20%.
11) INFECTION
waste is dangerous in relation to a person with regard to the possible transmission of a serious infectious disease to humans if it contains pathogenic micro-organisms with sufficient virulence in concentration or in the amount where exposure could give rise to human or animal disease.
12) RADIOACTIVITY
is a characteristic of waste whose specific activity exceeds the values set out in Section 2, section (o), Act No. 18 / 1997 Coll., on the peaceful use of nuclear energy and ionising radiation (Atomic Act).
Příloha č. 2
Annex No 2
1) Paragraph 4 (4) of Act No. 125 / 1997 Coll., on Waste.
2) ČSN 01 5110 Material sampling. Basic provisions. ČSN 01 5111 Sampling of bulk and granular materials. CSN 83 0550 Physically chemical analysis of sludge. Sampling. ČSN 46 5331 Nature Protection. Soil. General requirements for sampling. CSN 42 1331 Waste of non-ferrous metals and their alloys. ČSN 65 0511 Sampling of grain materials.
3) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws.
4) Order for international rail transport of dangerous goods (RID). European Agreement on the International Carriage of Dangerous Goods by Road (ADR).
5) e.g. Order of the Czech Mining Office No. 246 / 1996 Coll., ČSN 66 8071 Determination of sensitivity of explosives to impact by hammer.
Explanatory notes: LC 50 - concentration which causes 50% of test fish to die in the selected time period. EC 50 - concentration which causes mortality or immobilisation of 50% of test organisms (Singapore magna) or 50% inhibition of bioluminescence of bacteria in the selected time period. IC 50 - concentration that causes 50% inhibition of the growth or growth rate of the algae culture or 50% (inhibition of the growth of the Sinapis album root compared to control in the selected time period. TU - toxic unit which is given by the relationship TU = 100LC50, where LC 50 is expressed in ml / l.
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Regulation Information
| Citation | Decree of the Ministry of the Environment No. 339 / 1997 Coll., on the evaluation of hazardous properties of waste |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1997 |
|---|---|
| Effective from | 01.01.1998 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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