Decree of the Ministry of the Environment and the Ministry of Health No. 376 / 2001 Coll.
Decree of the Ministry of Environment and the Ministry of Health on the evaluation of hazardous properties of waste
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376
DECLARATION
Ministry of Environment and Ministry of Health
of 17 October 2001
on the evaluation of hazardous properties of waste
The Ministry of the Environment and the Ministry of Health, pursuant to § 7 (10) and § 9 (6) of Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, hereinafter referred to as "the Act":
Subject matter
This decree sets out the content of the application for authorisation to evaluate the hazardous properties of waste and the content of the proposal to extend the validity of that mandate (hereinafter referred to as "the application for authorisation '), the content of the training for the evaluation of hazardous properties of waste, the criteria, methods and procedure for the evaluation of hazardous properties of waste, the content of the application for the assessment of hazardous properties of waste and the content of the certificate on the exclusion of hazardous properties of waste (hereinafter referred to as" the certificate').
Content of the application for delegation and entry on the list of authorised persons
(1) An application for authorisation to evaluate the hazardous properties of waste listed in Annex 2 to the Act under the designation of codes H1 to H3 and H12 to H14 is submitted by natural persons or legal persons to the Ministry of the Environment (hereinafter "Ministry"), an application for authorisation to evaluate the hazardous properties of waste listed in Annex 2 to the Act under the designation of codes H4 to H11 by natural persons or legal persons to the Ministry of Health (hereinafter "the applicants").
(2) The request for delegation shall include:
(a) the firm or name, legal form and registered office where the applicant is a legal person; name and surname, business name, place of residence and place of business, if different from residence, if the applicant is a natural person,
(b) the applicant's identification number, if allocated;
(c) a copy of the business authorisation (e.g. business certificate) or a copy of the extract from the business register or a copy of the establishment document, if the applicant is a legal person or a natural person authorised to do business; a copy of the birth certificate or other similar document, if the applicant is a natural person,
(d) the list of dangerous properties which the applicant wishes to evaluate, as set out in Annex 2 to the Act;
(e) certified copies of documents proving the applicant's competence to assess the hazardous properties of waste pursuant to § 7 (6) and 7 of the Act.
Content of training for the evaluation of hazardous waste properties
The content of the training for the evaluation of hazardous waste properties shall be:
(a) the principles of sampling of waste, including its documentation;
(b) legislation on the evaluation of hazardous properties of waste;
(c) the method and procedure for the assessment of each dangerous characteristic in accordance with Section 6;
(d) procedures for the selection of laboratories and centres for testing waste samples, the relevance of the test results reports and their interpretation;
(e) the classification of waste according to the Waste Catalogue;
(f) the content and particulars of certificates and communications on the evaluation of hazardous waste properties.
Hazardous properties of waste and methods of evaluation of hazardous properties of waste
(1) The definitions of hazardous properties of waste and the criteria for assessing individual hazardous properties of waste are set out in Annexes 1 and 2.
(2) The methods used to evaluate the hazardous properties of waste are set out in Annex 3.
Sampling for the purpose of assessing hazardous waste properties
(1) A sampling plan, the principles of which are set out in Annex 4, shall be prepared before sampling.
(2) Sampling for the purpose of assessing the hazardous properties of waste meets the desirable conditions when carried out using the standard methods set out in technical standards (1) in order to obtain a representative sample of the waste under consideration.
(3) A report shall be drawn up on the sampling, together with the reports on the hazardous waste tests carried out, annexed to the certificate referred to in Section 8 of this Order. The details of the sampling report are set out in Annex 5.
(4) Only a natural person who has received training for the evaluation of hazardous waste properties approved by the Ministry or the Ministry of Health pursuant to § 7 (6) (c) or § 7 (7) (c) of the Act may take samples.
(5) The sample shall be taken in at least the volume, weight or size required to carry out the tests referred to in Annex 3.
Procedure for assessing hazardous properties of waste
(1) The assessment of the hazardous properties of waste is carried out by comparing the criteria set out for these properties in Annexes 1 and 2 with the actual characteristics of the waste evaluated.
(2) The assessment of the hazardous properties of waste may already be carried out according to the reasoned written judgement of the authorised person, drawn up on the basis of the supporting documents provided by the applicant.
(3) Where the assessment of the hazardous properties of waste listed in Annex 2 to the Act under the designation codes H1 to H3 and H12 to H14 cannot be carried out in accordance with paragraph 2, it shall be carried out by comparing the values of the hazardous properties indicators listed in Annex 1 to the results of the tests carried out in accordance with the methods set out in Annex 3.
(4) If the assessment of the hazardous properties of the waste listed in Annex 2 to the Act under the designation codes H4 to H8, H10 and H11 cannot be carried out in accordance with paragraph 2, it shall be carried out on the basis of the chemical content of the waste contained in the criteria set out in Annex 2. The chemicals contained in the waste are classified according to a specific regulatory regulation.2)
(5) Where the assessment of the hazardous properties of waste listed in Annex 2 to the Act under code H9 cannot be carried out in accordance with paragraph 2, it shall be carried out on the basis of an expert evaluation of the waste-producing technology or the evaluation of the waste with regard to the possible content of infectious agents. The evaluation of micro-organisms in terms of pathogenicity shall be carried out in accordance with current knowledge. 3)
(6) The tests referred to in paragraph 3 shall be carried out in laboratories and professional centres which have an established quality system according to technical standard ČSN EN ISO / IEC 17025. The competence of the laboratory shall apply only to the methods listed in the Annex to the certificate of competence of laboratories.
(7) The test reports submitted by the applicant may be accepted by the authorised person only if the tests have been carried out in laboratories and professional centres meeting the conditions set out in paragraph 6 and the sampling has been carried out and documented in accordance with Section 5.
(8) The assessment of waste shall also take into account the possibility that a quantitative or qualitative change in the waste assessed may occur after sampling. This shall be taken into account in the documentation showing the outcome of the evaluation.
(9) Hazardous properties can only be excluded for wastes arising from controlled processes which guarantee their unchanging quality.
Content of the application for the evaluation of hazardous waste properties
(1) The assessment of the hazardous properties of waste shall be carried out by the authorising officer at the request of the originator or authorised person. The application by the originator or authorised person for the evaluation of hazardous waste properties shall include:
(a) the firm or name, legal form and registered office where the applicant is a legal person; name and surname, business name, place of residence and place of business, if different from residence, if the applicant is a natural person,
(b) the applicant's identification number (if allocated);
(c) a copy of the evidence of the applicant's authorisation to handle hazardous waste or to operate a waste facility;
(d) classification of waste according to the Waste Catalogue;
(e) a description of the generation (origin) of the waste (determination of the operation, plant, technology or process in which the waste was produced and a list of the raw materials used),
(f) the characteristics of the waste and the specification of the composition of the waste in terms of chemicals and information on the possible contamination of infectious agents present in the waste or likely to occur under certain conditions due to its origin, including their characteristics and classification,
(g) the quantity of waste produced per time unit.
(2) Where the supporting documents referred to in paragraph 1 are not sufficient to assess the hazardous properties of the waste listed in Annex 1, the authorised person may require the applicant to submit additional supporting documents such as:
(a) the report on the sampling of waste referred to in Annex 5 and the plan for sampling referred to in Annex 4;
(b) information on how samples are transported for the purpose of 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) additional data on the origin or technology of the generation of waste in view of the possible occurrence of pathogenic micro-organisms;
(e) a protocol on the effectiveness of the decontamination process.
Issue and content of certificates
(1) The person responsible shall issue a certificate only if he finds, in accordance with the procedure laid down in Article 6, that the waste does not have any dangerous properties.
(2) The certificate shall always contain the result of the evaluation of all 14 hazardous properties of waste as defined in Annex 1 by the authorised person, whether their evaluation was carried out on the basis of tests, supporting documents submitted by the applicant or the judgement of the authorised person.
(3) The certificate shall contain in particular:
(a) the company or name, legal form and registered office (for a legal person) or the name and surname, business name, place of residence and place of business, if different from the place of residence (for a natural person), and the applicant's identification number (if assigned);
(b) a business firm or a name, legal form and registered office (in the case of a legal person) or the name and surname, business name, domicile and place of business, if different from the place of residence (in the case of a natural person), and telephone connections between the authorised person or persons, if the authorised person has an appointed professional representative, as well as the name and surname and telephone links of the authorised representative of the authorised person who has processed the certificate,
(c) the name of the species and the catalogue number of the waste under consideration according to the Waste Catalogue;
(d) a description of the generation (origin) of waste (determination of the operation, installation, input raw materials of the technology or process in which the waste was produced), an evaluation of the management of waste generation processes due to the integrity of its quality;
(e) the sampling method, the procedure for evaluating and excluding individual hazardous properties, the assessment of waste stability and recommendations for further waste management (recovery or disposal),
(f) the result and justification of the assessment of individual hazardous properties of waste;
(g) the period and conditions of validity of the certificate;
(h) frequency and method of ex post control of waste properties, conditions affecting the stability of technological processes and raw materials inputs;
(i) the conclusion of the evaluation;
(j) the list of Annexes;
(k) the date of issue, the signature of all the authorised persons, if the authorised person has an appointed expert representative, as well as the experts of the authorised persons involved in its preparation.
(4) The annexes to the certificate shall always include copies of the documents on the basis of which the authorised person issued the certificate, the sampling protocol, the test reports carried out, the document of delegation of the person or persons who issued the certificate.
Repeal
The Order of the Ministry of the Environment No. 339 / 1997 Coll., on the evaluation of hazardous properties of waste is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 2002.
Minister of Environment:
RNDr. Kužvart v. r.
Minister for Health:
Prof. MUDr. Fisher, CSc.
Příloha č. 1
Annex No. 1 to Decree No. 376 / 2001 Coll.
Definition of hazardous waste properties and assessment criteria for hazardous waste properties
Waste shall be assessed as hazardous waste if at least one of the following criteria is exceeded for the hazardous properties listed:
H1 Explosivity
This property has wastes that can explode by acting on external heat stimuli or are sensitive to impact or friction, or are capable of causing or igniting a detonative reaction after ignition.
As hazardous hazardous explosive waste, waste shall be assessed as:
(a) which, in the prescribed test for the action of external heat stimuli, breaks the steel pipe using a aperture of 6 mm or 2 mm; or
(b) whose sensitivity to impact is at least 40 J or more sensitive to impact than dry crystalline m- dinitrobenzene; or
(c) whose sensitivity to friction is at least 360 N or more sensitive to friction than dry crystalline m- dinitrobenzene; or
(d) which, in the prescribed test for the application of the compression wave, is subjected to a complete rupture of the steel pipe or to a puncture of the evidence plate; or
(e) where the pressure rises from 690 kPa to 2070 kPa in the prescribed test for a period of less than 30 ms.
H2 Oxidation ability
They shall have this property in accordance with the test results prescribed in paragraph 2 of Annex 3:
(a) solid wastes which may cause or increase the risk of fire if they come into contact with flammable material (R8).
Assessment criterion:
Under test conditions, the maximum burning rate of the test mixtures shall be equal to or greater than the maximum burning rate of the reference cellulose and barium nitrate mixture;
(b) liquid waste
Assessment criterion:
Under the conditions of the test, the mixture of waste with cellulose (in ratio 1: 1, in% w / w) shall be spontaneously ignited or the average rise in pressure of that mixture in the test range from 690 kPa to 2070 kPa shall be less than the prescribed reference mixture;
(c) wastes which become explosive after mixing with flammable materials (R9).
Assessment criterion:
As with H1;
(d) wastes - organic peroxides which are flammable, even if they are not in contact with other flammable material (R7).
Assessment criterion:
Organic peroxides shall be evaluated on the basis of their chemical structure (R- O- O- H or R1- O- O- R2) unless the tests prescribed in Annex 3 show that they have explosive properties (H1) or that they are so diluted / inhibited that they no longer have any other dangerous properties.
H3A High Flammability
In accordance with the results of the tests prescribed in Annex 3, paragraph 2, this property shall be waste in the form of:
(a) liquids with a flash point < 21 ° C (R11), which also applies to liquids with a flash point < 0 ° C and a boiling point or beginning of a boiling point ≤ 35 ° C (R12).
Assessment criterion:
The prescribed value of the flash point determined under the closed cup test conditions in accordance with Annex 3, paragraph 2;
(b) solids or liquids which ignite separately within a short time after they have come into contact with air at room temperature (about 20 ° C) without the supply of external energy (R17). (These wastes are also referred to as pyrophoric).
Assessment criterion:
Under the test conditions, spontaneous ignition occurs within 5 minutes;
(c) gases (compressed or liquefied) which are flammable in air under atmospheric pressure (with R12).
Assessment criterion:
The mixture of the waste concerned with air under barometric pressure and room temperature (about 20 ° C) is explosive at concentrations from the lower to the upper limit of explosive;
(d) solid wastes which can be easily ignited by short-term contact with the ignition source and which, after the disposal of that source, continue to burn with flame or glow (with R11).
Assessment criterion:
The burning time or burning rate of granular, powder or paste waste under test conditions is < 45 mm / s or > 2,2 mm / s (in the same order) and, for metal dust or metal alloys, burns the whole sample over a period of ≤ 10 min;
(e) solids or liquids which, when in contact with water or water moisture, release highly flammable gases in dangerous quantities (R15).
Assessment criterion:
Under the conditions of the test, the waste is spontaneously ignited or produced by flammable gases greater than 1 dm3 per kg of waste per hour.
H3- B Flammability
In accordance with the results of the tests referred to in point 2 of Annex 3, this hazardous characteristic is waste in the form of liquids with a flash point ≥ 21 ° C and ≤ 55 ° C (R10).
Assessment criterion:
Prescribed values of flash point determined under closed cup test conditions in accordance with Annex 2, paragraph 2.
H4 Irritability
This property has wastes that contain irritants and preparations and are not corrosive and may cause inflammation of the mucous membrane by short, prolonged or repeated contact with the skin.
H5 Damage to health
This property has waste containing substances and products harmful to health and may cause minor damage to health after inhalation, ingestion or skin penetration.
H6 Toxicity
This property has wastes containing toxic substances or preparations (including highly toxic substances and preparations), which may result in severe, acute or chronic damage to health or death by inhalation, ingestion or penetration of the skin.
H7 Carcinogenicity
This property has wastes that contain carcinogenic substances or preparations and may lead to cancer or increase the frequency of cancer following inhalation, ingestion or skin penetration.
H8 Rage
This property has waste containing corrosive substances or preparations and may cause damage to the skin or mucous membranes in short, prolonged or repeated contact.
H9 Infectiveness
Waste containing viable micro-organisms or their toxins and other infectious agents with sufficient virulence in concentrations or quantities known or reliably expected to cause human or other living organisms shall be evaluated as hazardous waste with a hazardous characteristic of infectivity.
H10 Teratogenicity (reproductive toxicity)
This property has wastes containing teratogenic substances or preparations (toxic to reproduction) that may cause or increase the frequency of non-hereditary congenital malformations or functional damage after inhalation, ingestion or skin penetration.
H11 Mutagenicity
This property has wastes that contain mutagenic substances or preparations and may cause the formation or increase the likelihood of hereditary genetic defects following inhalation, ingestion or skin penetration.
H12 Ability to release highly toxic and toxic gases in contact with water, air or acids
This property has wastes that release in contact with water or acids or air of more than 1 l.h-1.kg-1 high toxic or toxic gas.
H13 Ability to release hazardous substances into the environment in or after removal
This property has waste which can in any way release or lead to the formation of harmful substances which adversely affect the environment and human health in any way or after their removal.
The following shall be evaluated as hazardous waste with this hazardous characteristic:
(a) waste which releases harmful substances in quantities exceeding the limit concentration limits set out in Table 6.1 of Annex 6 and / or containing selected pollutants in quantities exceeding the limit concentration set out in Table 6.2 of Annex 6;
(b) waste which releases harmful substances in any part of the environment in quantities exceeding the limits laid down by specific legislation. 5)
H14 Ecotoxicity
This hazardous feature is the waste which constitutes or may present an acute or late hazard to one or more environmental compartments.
It shall be considered as hazardous waste the aqueous leaching of which shows in the acute toxicity tests referred to in point 7 of Annex No 3 for at least one of the test organisms at a specified time of exposure of the tested waste to the test organism:
a) Poecilia reticulata or Brachydanio rerio (duration of action 96 hours)
(b) ↑ nia magna (48 hours duration of action)
(c) Raphidocelis subcapitata (Selenastrum capricornutum) or Scenedesmus subspicatus (duration of action 72 hours)
d) Sinapis album seed (72 hours duration)
the following values:
LC (EC, IC) 50 ≤ 10 ml.l-1
Explanatory notes:
| LC 50 | - koncentrace, která způsobí úhyn 50 % testovacích ryb ve zvoleném časovém úseku. |
| EC 50 | - koncentrace, která způsobí úhyn nebo imobilizaci 50 % testovacích organismů (Daphnia magna). |
| IC 50 | - koncentrace, která způsobí 50procentní inhibici růstu nebo růstové rychlosti řasové kultury nebo 50procentní inhibici růstu kořene Sinapis alba ve srovnání s kontrolou ve zvoleném časovém úseku. |
Příloha č. 2
Annex No 2 to Decree No. 376 / 2001 Coll.
Hazard assessment criteria for H4 - H8 and H10 and H11 * properties
Waste shall be assessed as hazardous if it contains:
- one or more substances classified as highly toxic at concentrations ≥ 0,1% by weight ("%") of total waste (H6);
- one or more substances classified as toxic at concentrations ≥ 3% of total waste (H6);
- one or more substances classified as harmful to health at concentrations ≥ 25% of total waste (H5);
- one or more substances classified as corrosive with R35 at a concentration of ≥ 1% of total waste (H8);
- one or more substances classified as corrosive with R34 at a concentration of ≥ 5% of total waste (H8);
- one or more substances classified as irritant with R41 at a concentration of ≥ 10% of total waste (H4);
- one or more substances classified as irritant to R36, R37 or R38 at concentrations ≥ 20% of total waste (H4);
- at least one substance classified as Category 1 or Category 2 carcinogen at a concentration of ≥ 0,1% of total waste (H7);
- at least one substance classified as Category 3 carcinogen at a concentration of ≥ 1% of total waste (H7);
- at least one substance classified as toxic for reproduction category 1 or 2 with a sentence R60 or R61 at a concentration of ≥ 0,5% of total waste (H10);
- at least one substance classified as toxic for reproduction category 3 with R62 or R63 phrases at a concentration of ≥ 5% of the total waste (H10);
- at least one substance classified as mutagenic category 1 or 2 with R46 at a concentration of ≥ 0,1% of total waste (H11);
- at least one substance classified as mutagenic category 3 with R40 at a concentration of ≥ 1% of total waste (H11).
Příloha č. 3
Annex No. 3 to Decree No. 376 / 2001 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Environment and the Ministry of Health No. 376 / 2001 Coll., on the evaluation of hazardous properties of waste |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.10.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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