Decree No. 450 / 2005 Coll.
Ordinance on the handling, disposal and disposal of harmful effects of harmful substances and of emergency plans, the manner and extent of notification of accidents
Valid
Order
Effective from 01.05.2006
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450
DECLARATION
of 4 November 2005
on the details of the handling, disposal and removal of harmful effects of harmful substances and of the emergency plan, the manner and extent of notification of accidents
According to § 39 (8) and § 41 (7) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), the Ministry of the Environment provides:
This decree provides
(a) the details of the handling of the defective substances;
(b) the details of the plan for emergency measures ("emergency plan");
(c) the manner and extent of notification, disposal and disposal of accidents,
(d) requirements for a competent person and for bath tubs.
Definition of terms
For the purposes of this decree:
(a) the treatment of defective substances - their extraction, production, processing, storage, landfill, capture, transport, use, disposal, distribution, sale or other treatment;
(b) the treatment of defective substances to a greater extent - the treatment of defective substances in liquid form in equipment with a total quantity of defective substances contained in it above and including 1000 l or in portable, for this purpose, packaging with a total quantity of defective substances contained in them above and above 2000 l inclusive, at any time. The treatment of fixed defective substances to a greater extent is not the case if they are handled at any time in total quantities up to and including 2000 kg. Furthermore, the treatment of harmful substances to a greater extent is not the case if the treatment of
1. with hydrocarbons of petroleum origin as propellants when operating individual road, rail, water and air transport vehicles and mobile machinery including military equipment and material; or
2. with fertilisers and plant protection products when directly applied,
(c) the treatment of harmful substances which are associated with an increased risk to surface or groundwater - the treatment of a dangerous defective substance or a particularly dangerous defective substance, in the protection zones of water sources I and II, in the protection zones of natural medicinal and natural mineral water sources, in flood areas, in or near water streams or water tanks or in the immediate vicinity of sewerage and chachet1) brought into the sewerage for public use or into the surface water. The treatment of harmful substances which are associated with an increased risk to surface or groundwater is not the case when handled in those areas
1. with particularly dangerous substances in liquid form in equipment with the total maximum quantity at any point in time contained in it of particularly dangerous substances in liquid state up to and including 10 l or in solid state up to and including 15 kg or in portable form, for which they are intended, packaging with the total maximum quantity in them of particularly dangerous defective substances up to and including 15 l,
2. with dangerous hazardous substances in liquid form in equipment with the total maximum quantity at any point in time contained in it in liquid state up to and including 250 l or in solid state up to and including 300 kg or in portable form, for this purpose, packaging with the total maximum quantity of hazardous substances in them, up to and including 300 l,
3. with hydrocarbons of petroleum origin as propellants when operating individual road, rail, water and air transport vehicles and mobile machinery including military equipment and material; or
4. fertilisers and plant protection products, when administered directly,
(d) user of the defective substances - anyone who treats those substances,
(e) equipment - technical or technological unit or operating system of such units where a defective substance is handled, including all parts of it necessary for operation, such as construction structures, pipelines, storage tanks, machinery, industrial installations or cargo spaces; the device is also a mobile technical unit for the transport of the defective substance,
(f) integrated operational territory - the territory in which the installation or assembly of equipment is handled by one or more of the defective substances and which is characterised by common technical or operational conditions and characteristics, including common or related infrastructures and territories where large-scale construction (e.g. bridge, road) is carried out, the implementation of which could result in the leakage of harmful substances that threaten the quality of surface or groundwater; For the purpose of processing the emergency plan for the transport of defective substances, the technical base, service and handling sites used by their operator, the comprehensive operational territory shall also include agricultural parcels with sites intended for the storage of solid manure or organic fertilisations16) on agricultural land before their use;
(g) emergency plan - a written document drawn up in accordance with Paragraph 39 (2) (a) of the Water Law by the user of harmful substances treating them to a greater extent or with an increased risk to surface or groundwater;
(h) an unsaturated zone - a zone above the ground water level in which the rock environment sinuses are partially filled with air and partly with water; Part of an unsaturated zone is also a zone where pores are filled with water, but the pore pressure is negative,
(i) a saturated zone - a water-soaked zone under the surface of groundwater, in which all the sinuses of the rock environment are filled with water,
(j) by a competent person - a natural person who is competent under § 6a to carry out leakage tests on pipes or tanks intended for the storage and transport of dangerous and particularly dangerous defective substances;
(k) control system - system allowing for continuous monitoring of any leakage of defective substances;
(l) by an emergency tank - a tank, a container or a tank intended to contain defective substances escaped or released from, or seduced by, the tanks, containers, packaging, or, where appropriate, a technological device with a capacity of at least the largest tank capacity in it;
(m) the above-ground tank - a tank for which control of all external walls and bottom is permitted, and a tank with surface covered by removable thermal insulation.
Requirements for the handling of defective substances
(1) Users of defective substances shall treat them in such a way that they do not enter surface or groundwater and do not endanger their environment (Section 39 (1) of the Water Act) and follow the warning symbols given on the packaging of a product containing a particular defective substance and the precautionary instructions provided for in specific legislation2).
(2) The control system for the detection of leakage of defective substances fulfils at least one of the following functions:
(a) continuous technical inspection of the leakage of the equipment containing the defective substance;
(b) detection of the presence of a defective substance in the vicinity of the installation, including the rock environment of surface and groundwater;
(c) continuous measurement of the level of the defective substance with an indication against overfill and leakage;
(d) sensory inspection of the device's leakage; or
(e) sensory check of the condition and impact of the defective substances stored outside the installation under special legislation (17) on the surrounding environment.
(3) The control system for above-ground devices for which it is possible to perform sensory inspection of the entire outer shell may be based on sensory observation by the user or by a trained and authorised person.
(4) Users of defective substances shall carry out the checks in accordance with paragraphs 2 and 3 and keep records of their results. The control is based on visual inspection of warehouses and landfills, assessment of their technical condition, inspection of outputs from technical control systems and check of the functionality of systems for continuous measurement of level height and for protection against overfill. The inspection log is submitted on request to the competent water authority and to the Czech Environmental Inspection Office, or to the inspection authorities according to the specific legislation18), including technical drawing documentation of the equipment checked.
(1) Specially competent person in the framework of leakage testing pursuant to Article 39 (4) (d) of the Water Act:
(a) be familiar in a demonstrable manner with the piping, storage tanks or means of transporting defective substances;
(b) draw up a prescription for the performance of the leak test, which shall contain the particulars set out in Annex 1 to this Regulation; this regulation will be registered by the user and submitted on request to the competent water authority or the Czech Environmental Inspection Office,
(c) assess the current technical state of the pipes, storage tanks or means of transport of defective substances;
(d) assess the outputs of the control system in accordance with Article 3 (2).
(2) During the processing of the leak test Regulation referred to in paragraph 1 (b). (b) documents and parts of documents processed under other legislation or for the internal needs of the operator may be used if they comply with the requirements of Annex 1 to this Decree. In the Regulation for the performance of the leak test, the competent person shall make reference to these documents.
(3) In carrying out the leakage tests referred to in Article 39 (4) (d) of the Water Act, a competent person shall perform a leak test on the tank, pipe or means of transport concerned:
(a) in accordance with the relevant technical standard (19) or special legislation20); or
(b) in an alternative way, where the test cannot be carried out in accordance with (a):
1. by checking the outputs from the control system set up to detect the leakage of defective substances from the test tank or pipe due to leakage;
2. by identifying and evaluating the current state of groundwater, soil or soil around the tank or pipe,
3. control by measuring the drop in the level of the stored substance in the tank; or
4. sensory check of the condition of the test tank or pipe.
The identification details and properties of the particularly dangerous defective substances for which their user keeps records pursuant to Paragraph 39 (6) of the Water Act are set out in Annex 2 to this Decree. If the user has a particularly dangerous defective substance at his disposal, a safety data sheet drawn up for him under a special legislation (3), he may use that safety data sheet for the purpose of keeping records.
Forms of the emergency plan
(1) The emergency plan includes the definition of the comprehensive operational territory for which it is processed and details of the user of the defective substances (name and / or name, surname and address of the place of residence, or address of the residence), if the natural person, name, surname and / or business name, address of the place of business and identification number, if any, if any, if assigned, by the natural person involved, and the business name, seat and identification number, if applicable, of the legal person). Where the user of the defective substance is not the same as the owner or owners of the integrated operational territory or installation, this information shall also be provided on the owner or owners and, where appropriate, on the lessee or tenants of the integrated operational territory or individual installations.
(2) The provisions concerning the indication of data on the owner or owners of the operating territory shall not apply to an emergency plan intended for a comprehensive operational area containing sites intended to store solid manure or organic fertilisers on agricultural land before their use. Seats intended for fertiliser storage shall be schematically drawn into the map documentation of land use records carried out under the special legislation (21) if the user of the defective substances is included in that register.
(3) Furthermore, the emergency plan contains the following elements:
(a) the name and, where applicable, the name, surname, address of the place of permanent residence, professional training achieved and telephone links to the author of the emergency plan, the name and, where applicable, the name and surname of the statutory representative of the user of the defective substances and the contact links thereto, if any, the legal person, the names and, where applicable, the second name, surname and functional classification of the persons designated by the user of the defective substances, to ensure the performance of the tasks under the emergency plan and the telephone connection thereto;
(b) a list of the defective substances handled by the user, including their average and maximum quantities; the identification data and safety data sheet of the defective substances or the hazardous waste identification sheet or the references to the user documentation in which such data and sheets are available on request of the Water Authority or the Czech Environmental Inspection Office; where the safety data sheet of the defective substances or the hazardous waste identification sheet is not available, the properties of those substances or waste as set out in Annex 2 to this Decree shall be reported,
(c) a list of the installations in which the defective substances are handled, including a clear schematic representation of the individual installations, their technical parameters and description of the sewerage; the documentation shall include a description of the route of effluent from its generation in the installation to the discharge of waste water into surface water or, where appropriate, into the sewerage for public use, and a description of the route of effluent by separate rainwater sewerage to its discharge;
(d) a list and description of the possible routes of emergency discharge of the defective substances and of the effluents used for extinguishing and resulting objects at risk, including the rock environment, underground installations (in particular collectors, technological channels and sewerage) and surface and groundwater as likely endpoints of escaped defective substances; in the case of the storage of solid manure or organic fertilisers on agricultural land, or the emergency application of manure or organic fertilisers in the event of an emergency situation in housing or storage premises, information on the places intended to be stored or used by the abovementioned fertilisers, obtained from the land use register maintained under a specific legislation (21), shall be used if the user of the defective substances is included in that register;
(e) a list and description of construction, technological and structural preventive measures, including their parameters;
(f) a list and description of the organisational preventive measures and technical means (type, quantity, purpose) available for the immediate disposal of the causes and consequences of the accident, including a situation indicating the location of the storage of the technical means and, where applicable, the connection to the contractor of the services, including the way in which they are delivered;
(g) a description of the procedure after the accident, broken down into:
1. immediate removal of the causes of the accident (§ 9);
2. accident notification (§ 7),
3. the destruction of the accident (§ 10),
4. the removal of the consequences of the accident (§ 11);
5. documentation on the procedures used in the disposal and disposal of the consequences of the accident;
(h) the principles of protection and safety of work in an accident and its disposal;
(i) personnel provision of activities according to the emergency plan, including telephone links to such persons, a management chart for the immediate removal of the causes of the accident, including for periods of limited activity of the user of the defective substances, in particular outside working hours or in the period of leave;
(j) addresses and telephone links to administrative offices, entities involved in the destruction of the accident and, where appropriate, other professional bodies (5) and other interested legal and natural persons, in particular:
1. Fire department of the Czech Republic,
2. fire protection units included in the area cover by fire protection units;
3. Police of the Czech Republic,
4. the river basin administrator whose territorial responsibility is the integrated operational territory;
5. the competent authority of water law,
6. responsible inspector of the Czech Environment Inspection Department, water protection department,
7th Medical Rescue Service,
8. Local and, where applicable, municipal authority responsible,
9th Regional Office responsible for the 9th Region,
10. Competent public health authority,
11. The Czech Inspectorate of Baths and Seals in case of prejudice to the protection zones of natural medicinal or natural mineral water sources,
12. the water-flow manager, in whose catchment area the integrated operational territory is located,
13. owner or, where applicable, sewerage operator, where the installation or complex operational territory is sewerage;
14. water users (§ 8 of the Water Act) immediately threatened by the consequences of the accident,
(k) the procedure for the transmission of accident reports, the content of the report and the manner in which the reports are recorded;
(l) qualifications and procedures (special-purpose training and training plans) to ensure the development and maintenance of the necessary expertise of other persons involved in the performance of the tasks set out in the emergency plan;
(m) data on the location of copies of the emergency plan or extracts thereof, where appropriate, in order to ensure permanent and immediate information on the individual installations where the defective substances are handled.
(4) The emergency plan shall also include a description of the way in which the records are kept and the photo-documenting of the measures carried out under the emergency plan, a description of the control system (§ 3 (2)), its function and operation and the assessment method, details of the accident reports (§ 7) and other details related to the fulfilment of the obligations of the user of the defective substances under § 9 to 11, in particular the principles of disposal which may arise when the accident is destroyed.
(1) The user of the defective substances shall process several emergency plans for one comprehensive operational territory or one emergency plan for several complex operational areas where justified after consultation with the competent authority of the water authority. Emergency plans processed by multiple users of defective substances for the same complex operational areas shall be coordinated according to the technical conditions of that territory, for example by common underground networks, in particular sewerage.
(2) The emergency plan prepared by the operator of the integrated operational area for the transport of defective substances contains the elements referred to in § 5 (1) to (3). The basis for this emergency plan is in particular the range of commonly manipulated or stored defective substances in this comprehensive operational territory and the documents submitted by the carrier of the defective substance, such as the transport document, the safety data sheet of the hazardous chemical or chemical preparation (6) or the identification sheet of hazardous waste (7). An emergency plan prepared by the operator of a comprehensive operational area for the transport of defective substances shall not be contrary to international transport treaties (8).
(3) An emergency plan prepared for the implementation of large-scale construction (§ 2 (f)) contains the elements referred to in § 5 (1) to (3) mutatis mutandis. In addition, the plan shall include in particular:
(a) a description of the technical security of the construction,
(b) a list and description of the restrictions on the use of the substances listed in the construction permit (type of substance, quantity, technical or other measures); and
(c) a list of the principles for the handling of defective substances in the operation of means of transport and the mechanisation used on construction.
(4) Where a user of defective substances draws up an emergency plan in accordance with a special legislative provision (9), he shall include only those elements referred to in Article 5 which are not included in the emergency plan drawn up under the special legislative act in the emergency plan prepared under Paragraph 39 (2) (a) of the Water Act and this Decree, and shall include references thereto to ensure the effectiveness and applicability of the emergency plan under this decree.
(5) The approved emergency plan shall be accompanied by a copy of the final decision of the water authority which approved the emergency plan.
(6) The data specified in the approved emergency plan shall be updated within one month of any change that may affect the effectiveness and applicability of the emergency plan. The updated emergency plan or its modified parts or new additions shall be sent to the water authority or administration responsible for issuing the integrated authorisation under the Integrated Prevention Act. Where defective substances are manipulated or stored in a comprehensive operational territory for the transport of defective substances which are not included in the list of defective substances in the emergency plan, the operator of that comprehensive operational territory shall send the documents referred to in paragraph 2 to the water authority by return.
(7) The approved emergency plan shall be stored so as to be available in the event of an accident. A declaration shall also be made by individual workers who treat or should interfere with the content of the approved emergency plan in the event of an accident.
(8) The plan of action in the event of an accident (10), which is prepared by the watermanager or its section in the context of the obligation to cooperate in the disposal of watercourses accidents (§ 47 (2) (g) and § 47 (4) (f) of the Water Law), contains the necessary elements referred to in § 5 (2) and (3) accordingly. In addition, the plan shall include in particular:
(a) the organisation of the water flow manager emergency services;
(b) the list of watercourses and water tanks for which the plan is drawn up;
(c) the identification of the hazardous sites and sites most at risk of potential leakage of the defective substances;
(d) a list and description of the places on the banks of the watercourses technically suitable for the destruction of the accident;
(e) the characteristics of the substances most frequently handled in the territory;
(f) the procedure for the installation of standard walls and for the use of sorption devices and separators; and
(g) a list of locations with means of disposal stored.
Professional person
(1) In order to carry out, organise, manage and evaluate leakage tests, the competent person must have an education from the field corresponding to the test. Technical training is necessary in order to carry out the leakage tests referred to in Article 3a (3) (a) and (b) and a competent person must hold a valid certificate of the relevant degree or other certificate in accordance with the relevant technical standard, if this standard is issued.
(2) In the absence of an adequate certification system for carrying out the leakage test, the competent person shall fulfil the following conditions:
(a) medical fitness attaching to regular medical preventive examinations, including eye examination according to the work carried out and the nature of the working environment, at least once every three years;
(b) education and practice to the extent that:
1. higher education in technical sciences and technology, focusing on water structures, hydrogeology, hydrochemistry or higher education in engineering, construction or chemical technology and at least one year of experience in the field;
2. secondary education with a degree in engineering, construction or chemical technology and at least three years of experience in the field; or
3. secondary education with a certificate and at least six years of experience in engineering, engineering, chemical technology or construction;
(c) knowledge of the legislation and technical standards governing the operation, maintenance and testing of the equipment concerned according to the type of construction and the stored defective substance.
(3) In order to carry out the leakage tests in the alternative, as provided for in Article 3a (3) (b) (2), a competent university education in technical sciences with a focus on hydrogeology or hydrochemistry must be certified to evaluate the results of geological work in hydrogeology or rehabilitation geology; for tests of tightness in an alternative manner as referred to in Article 3a (3) (b) (1), (3) and (4), the competent person shall have the training referred to in Article 6a (2) (b).
(4) The competent person shall demonstrate the competence to carry out leakage tests by certified photocopies of all authorisations and certificates and medical certificates referred to in paragraph 2 (a), together with the declaration of honour referred to in Annex 3, to the Ministry of the Environment, no later than two months before the first leak test.
(5) A competent person who, for medical or other reasons, loses his authorisation, certification or ceases to carry out such an activity shall notify the Ministry of the Environment of this fact within one month at the latest.
Method and extent of accident reporting
(1) The notification of an accident to the bodies referred to in § 41 (2) and (3) of the Water Act is carried out by any means of communication available or in person. The accident report shall be made to the emergency call centre of the fire department and the information centre.
(2) The beneficiary of the report shall always require the following information from the person reporting the accident:
(a) the name and surname of the reporting person and its relationship with the accident;
(b) the place, date and time of detection of the accident, the time of occurrence of the accident and the cause of the accident, if known, the identification of the cause of the accident,
(c) location affected by the accident (e.g. water flow, water tank, land),
(d) manifestations of an accident (e.g. oil, foam on water, dead fish, odour, broken car tank in the field, ruptured draught, unusual discharge from the sewerage), as far as the type and likely amount of leak is known,
(e) the body to which the accident has already been reported; and
(f) immediate measures already taken to address the causes and consequences of the accident.
(3) The addressee of the report may ask the reporting person an appropriate supplementary question leading to the actual situation of the case.
The disposal of accidents and their harmful consequences shall be carried out in accordance with an approved emergency plan.
The immediate removal of the causes of the accident
The measures that lead to the immediate removal of the causes of the accident and to the prevention of the spread of defective substances into the rock environment and surface or groundwater shall consist in particular of the closure and securing of closing valves, the blinding of crashed pipes, the repair of tanks, the removal of residues of defective substances from damaged packaging, tanks, storage and transport tanks or the transfer of residues of defective substances from means of transport and containers, where technically possible; it is further a measure to prevent the explosion, fire and contamination by harmful substances.
Disposal
(1) The destruction of the accident is an intervention aimed at removing the defective substances from the unsaturated and saturated zone, soil and surface and groundwater, in order to achieve the water quality normal before the accident or at a level established by the water authority or, where appropriate, by the Czech environmental inspection in the context of the washing process (11) in the disposal of the accident.
(2) The measures for the disposal of the accident are mainly the reflection and removal of harmful substances from the earth's surface (rock environment and reinforced areas), the sealing and blinding of sewerage discharges, the blinding (closure) of sewerage, the use of special containment systems, the extraction of contaminated soil, the safe storage of waste) resulting from the disposal of the accident and the cleaning of sewerage, the capture of floating areas, especially petroleum substances by means of norm walls and surfactants, the removal of contaminated sediments from watercourses, sanitation and other methods for groundwater.
(3) In addition, the accident is disposed of by the following procedures:
(a) by exaggerating the flow rate in water flows, dosing chemical agents and aerating;
(b) the use of fixed sorbents in the disposal of an accident near watercourses, in water source protection zones, on unpaved areas and roads drained by sewerage or drainage to unpaved terrain or surface water, in particular in areas with potential risks to surface or groundwater quality; lubricating fluids, emulsifying preparations and biodegradation agents cannot be used in such cases. In other cases, including those where rapid action on the road is necessary and measures are taken to prevent further leakage of the defective substances as well as the emulsions of the defective substances with the substances used to remove them, de-lubricants, emulsifiers or biodegradation agents may be used depending on the ecotoxicity and biodegradability of their emulsion with the defective substance removed and to assess whether it will deteriorate the consequences of the accident by penetrating through the containment barriers.
(4) The procedures referred to in paragraph 3 shall apply only in accordance with the instructions given by the Water Authority in the course of the management of the work in the disposal of the accident; the water law office shall discuss the application of these procedures in advance with the water flow manager and, where appropriate, with the river basin manager.
(5) The procedure for the disposal of the accident and its consequences and the final results of the disposal operations shall be followed for the purpose of monitoring the quality of surface water and groundwater or the rock environment in the territory concerned throughout the period of work to verify the effectiveness and completeness of the intervention. The details of this monitoring shall be determined by the Water Authority as required in the management of the work in the disposal of the accident.
Removal of the consequences of the accident
(1) The elimination of the consequences of the accident is mainly understood as
(a) the removal of defective substances, soil and, where appropriate, other substances contaminated by them, including used sorption agents, packaging (13), auxiliary tools and equipment;
(b) the capture and subsequent disposal of dead fish and, where appropriate, other aquatic animals;
(c) the removal of the consequences of the measures taken on working areas, buildings and installations.
(2) The removal of dead fish or other animals, as appropriate, is carried out in accordance with the specific legislation14).
(3) The findings and results of the investigations of the Water Authority, the Czech Environmental Inspection, the Waterstream Manager, when it comes to an accident at or near the water stream, as well as the operators cooperating in emergency and disposal works11) and other findings of the perpetrator of the accident are the basis for the completion of the work to be carried out on the effects of the accident. The required data is required by the Czech Environmental Inspection and Fire Department of the Czech Republic pursuant to Section 41 (6) of the Water Act from persons involved in the destruction of the accident.
Depending on the nature of the accident, the actions referred to in paragraphs 9 to 11 may be combined.
The data obtained by the Czech Environmental Inspection in the context of emergency action and other data from the Water Authority, the Police of the Czech Republic, intervening fire protection units of the Czech Republic, the water catchment manager and persons involved in the destruction of the accident are the basis for the central registration of accidents carried out under § 112 (1) (e) of the Water Act.
Efficacy
This Decree shall take effect on 1 May 2006.
Minister:
RNDr. Ambrozek v. r.
Příloha č. 1
Annex No 1 to Decree No 450 / 2005 Coll.
Content of the written prescription for leakage test
Content of the written test regulation according to § 3a (3) (a):
1. The test method used
2. Scope
3. Standards and regulations applied
4. Criteria for admissibility
5. Requirements for qualification of staff
6. Security of OSH
7. Test range
8. Test parameters
9. Material requirements
10. Environmental requirements
11. Test equipment
12. Input diagram
13. Test procedure
14. Test evaluation
15. Processing of test output
16. Transmission of the Protocol
17. Method of archiving
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Regulation Information
| Citation | Decree No. 450 / 2005 Coll., on the formalities for handling and disposal of defective substances and of emergency plans, the manner and extent of notification of accidents, their disposal and the removal of their harmful consequences |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.11.2005 |
|---|---|
| Effective from | 01.05.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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