Decree of the Ministry of Environment No. 384 / 2001 Coll.
Ordinance of the Ministry of the Environment on the handling of polychlorinated biphenyls, polychlorinated terphenyls, monomethyl tetrachlorodiphenylmethane, monomethyl dichlorodiphenylmethane, monomethyl dibromodiphenylmethane and all mixtures containing any of these substances at concentrations greater than 50 mg / kg (on the handling of PCBs)
Valid
Order
Effective from 01.01.2002
Text versions:
01.01.2002
09.11.2001
384
DECLARATION
Ministry of Environment
of 17 October 2001
on the treatment of polychlorinated biphenyls, polychlorinated terphenyls, monomethyltetrachlorodiphenylmethane, monomethyl dichlorodiphenylmethane, monomethyl dibromodiphenylmethane and any mixtures containing any of these substances at concentrations greater than 50 mg / kg (on the handling of PCBs)
In agreement with the Ministry of Health, the Ministry of the Environment provides, pursuant to § 27 (8) and § 39 (11) of Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, hereinafter referred to as "the Act":
Technical requirements for the handling of polychlorinated biphenyls, polychlorinated terphenyls, monomethyltetrachlorodiphenylmethane, monomethyldichlorodiphenylmethane, monomethyl dibromodiphenylmethane and all mixtures containing any of these substances at concentrations greater than 50 mg / kg (hereinafter "PCBs') and technical requirements for equipment containing these substances, including human and environmental health measures
(1) The technical requirements for the environmental management of PCBs are laid down in the Decree on the details of waste management. (1) Measures to protect human health in the handling of PCBs are laid down in specific legislation. (2)
(2) Decontamination under Section 26 (c) of the Act may only be carried out by the procedures laid down in specific legislation.3)
(3) The owner (holder) of the equipment subject to registration shall ensure that equipment which has been decontaminated or confirmed to have no PCBs cannot be contaminated with PCBs again, particularly when supplying new operating liquid, in its treatment (filtration, regeneration, etc.), in the maintenance of equipment, etc.
(4) The technical requirements for equipment containing PCBs and subject to registration pursuant to Article 26 (d) of the Act, including measures to protect human health and the environment, are laid down by the relevant technical standards.
(5) Transformers whose operating liquid contains 50 - 500 mg / kg PCBs may not be decontaminated or removed by their owners (s) until the end of their life.
Arbitration methods and procedure for determining the total concentration of PCBs in substances and equipment containing them
(1) The arbitration methods for determining the concentration of PCBs in equipment operating fluids are set out in Annex 1, points 1 and 2. The arbitration methods for determining the PCB content in other materials are set out in Annex 1, point 4.
(2) Only persons who have been certified according to ČSN EN 450135 are sampled for the purpose of keeping records of the equipment and fulfil the professional competence under specific legislation. 6)
(3) The concentration of PCBs in equipment or substances shall be determined for the purposes of keeping records pursuant to Article 39 (7) of the Act as the sum of the contents of the selected six congeners, namely PCB 28, PCB 52, PCB 101, PCB 138, PCB 153 and PCB 180, expressed in mg / kg in rounding to 0,5 mg / kg.
(4) For the determination of the concentration of PCBs in establishments or substances referred to in paragraph 1, only the results of analytical determination of the concentration of PCBs carried out by the methods set out in Annex 1 under points 1 and 2 in laboratories with established and assessed quality system according to EN 45001 or EN 17025 or EN ISO 9001.
(5) The results of the analytical determination of the PCB content in the establishments or substances carried out before the date of application of this Decree shall be recognised only if their determination has been carried out using the methods set out in Annex 1 under points 1, 2 and 3 and the laboratory had a quality system established and assessed at the time of determination according to ČSN EN 45001 or ČSN EN ISO / IEC 17025 or ČSN EN ISO 9001.
Details of the method of demonstrating the absence of PCBs
(1) The operator or owner of an installation pursuant to § 26 (d) of the Act demonstrates the absence of PCBs in an installation to the Ministry of the Environment (hereinafter referred to as "the Ministry") on a record sheet, a model of which is given in Annex 2. The annex to the record sheet is the PCB concentration protocol. The concentration of PCBs is collected and expressed in accordance with Section 2.
(2) In the case of equipment containing the original operating liquid supplied by the manufacturer with which it has not been tampered with (e.g. filtration, regeneration, replenishment, replacement), the protocol on the determination of the PCB content may be replaced by an affidavit from the manufacturer of the equipment containing the following information:
(a) identification of the manufacturer;
(b) basic information on the installation (type of installation, type, serial number),
(c) the type of operating liquid and its trade name;
(d) the concentration of PCBs in the operational liquid determined and expressed in accordance with Section 2;
(e) the signature of the responsible person of the manufacturer of the device.
Method of labelling equipment containing PCBs and subject to registration
An operator of an installation containing PCBs and which is subject to registration shall label the equipment, including the access door of the facility where it is located (as far as the equipment inside the facility is concerned) with an unremovable embossed or engraved label in accordance with Annex 3.
Method of labelling decontaminated equipment
The operator of the decontaminated installation shall mark the device, including the access door of the object where the device is located (if the device is inside the facility) with an unremovable embossed or engraved label in accordance with Annex 4.
Registration and reporting of PCB-containing equipment and substances
(1) The registration and reporting provided for in Article 39 (7) of the Act shall be kept on the record sheet, the model of which is set out in Annex 2. The concentration of PCBs is collected and expressed in accordance with Section 2.
(2) In the case of equipment which contains the original operating liquid supplied by the manufacturer with which it has not been tampered with (e.g. filtration, regeneration, replenishment, replacement), the PCB determination protocol may be replaced by an affidavit from the manufacturer of the equipment containing the data set out in § 3 (2).
Efficacy
This Decree shall take effect on 1 January 2002.
Minister:
RNDr. Kužvart v. r.
Příloha č. 1
Annex No 1 to Decree No 384 / 2001 Coll.
List of analytical methods for the determination of PCB content
1. ČSN EN *) 61619 "Isolation fluids - Contamination of polychlorinated biphenyls (PCBs) - Determination by capillary gas chromatography method '.
2.EN * *) 12766-1 "Petroleum products and used oils - Determination of PCBs and related products - Part1: Separation and determination of selected PCB congeners by gas chromatography (GC) using an electron chapter detector (∞) '.
EN * *) 12766-2 "Petroleum products and used oils - Determination of PCBs and related products - Part2: Quantification of PCB content in samples analysed by GC '.
3. DIN * * *) 51527 "Prüfung von Mineralölerzeungnissen - Bestimmung polychlorierter Biphenyle
(PCB) - Flüssigchromatograpische Vortrennung und Bestimmung 6 ausgewählter PCB mittels eines Gaschromatographen mit Elektronen-Einfang-Detector (∞) '.
4. DIN * * *) 38414-20 "Schlamm und Sedimente - Bestimmung von 6 polychloroerten Biphenylene (PCBs)."
Notes:
*) IEC standard taken over and translated
* *) ISO standards taken over but not yet translated
* * *) German national standards
All standards listed in this Annex are distributed by the Office for Technical Standardisation, Metrology and State Testing, Bishop Court 5, 110 01 Prague 1.
Příloha č. 2
Annex No 2 to Decree No 384 / 2001 Coll.
Příloha č. 3
Annex 3 to Decree No 384 / 2001 Coll.
Příloha č. 4
Annex No. 4 to Decree No 384 / 2001 Coll.
1) Decree No. 383 / 2001 Coll., on Details of Waste Management.
2) Government Decree No. 178 / 2001 Coll., laying down conditions for the protection of workers' health at work.
3) For example, Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Laws, Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Laws (Water Act), Act No. 309 / 1991 Coll., on the Protection of Air from Pollutants (Air Act), as amended, Act No. 157 / 1998 Coll., on Chemicals and Chemical Products and on the Amendment of Certain Other Laws, as amended, Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Decree No. 178 / 2001 Coll.
4) ČSN EN 50195 and ČSN EN 50225.
5) EN 45013 General criteria for certifying bodies carrying out certification of personnel.
6) For example, Decree No. 50 / 1978 Coll., on competence in electrical engineering, as amended by Decree No. 98 / 1982 Coll.
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Regulation Information
| Citation | Decree of the Ministry of the Environment No 384 / 2001 Coll., on the treatment of polychlorinated biphenyls, polychlorinated terphenyls, monomethyltetrachlorodiphenylmethane, monomethyldichlorodiphenylmethane, monomethyl dibromodiphenylmethane and all mixtures containing any of these substances at concentrations greater than 50 mg / kg (on the handling of PCBs) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2001 |
|---|---|
| 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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