Decree No. 93 / 2013 Coll.
Decree amending Decree No. 294 / 2005 Coll., on conditions for the disposal and use of waste on the terrain and amending Decree No. 383 / 2001 Coll., on details of waste management, as amended
Valid
Order
Effective from 12.04.2013
Text versions:
12.04.2013
93
DECLARATION
of 2 April 2013
amending Decree No 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No 383 / 2001 Coll., on the details of waste management, as amended
The Ministry of the Environment provides pursuant to § 21 (5) of Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws:
Decree No 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No 383 / 2001 Coll., on the details of waste management, as amended by Decree No 341 / 2008 Coll. and Decree No 61 / 2010 Coll., is amended as follows:
1. In Article 1, the words "European Community1) 'are replaced by the words" European Union1)' and the following point (f) is inserted after point (e):
"(f) requirements for the temporary storage of metallic mercury;"
Points (f) to (i) shall be renumbered as points (g) to (j).
Footnote 1:
"(1) Council Directive 1999 / 31 / EC of 26 April 1999 on the landfill of waste. Council Directive 2011 / 97 / EU of 5 December 2011 amending Council Directive 1999 / 31 / EC as regards specific criteria for the storage of metallic mercury treated as waste. ';
2. In Article 2, at the end of point (v), the dot is replaced by a comma and the following point (w) is added, including footnote 24:
"(w) by the temporary storage of metallic mercury - disposal of metallic mercury which is waste, in accordance with the directly applicable European Union24 Regulation) in the manner set out in Annex 4 to the Act under code D15 so that metallic mercury is temporarily stored for more than one year.
24) Regulation (EC) No 1102 / 2008 of the European Parliament and of the Council of 22 October 2008 prohibiting the export of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury. ';
3. The following Section 9a is inserted after Section 9, including the title:
Technical requirements for the temporary storage of metallic mercury
The equipment for the temporary storage of metallic mercury is a landfill of S-hazardous waste. The temporary storage of metallic mercury shall be subject to the specific requirements laid down in Annex 13 to this Regulation. ';
4. In Annex 1, point 1.3, "(d) 'is replaced by" (e)';
5. In Annex 4, point 8, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) metallic mercury which is waste is accepted for temporary storage under the conditions laid down in Section 9a. The other conditions set out in this Annex shall not apply to the temporary storage of metallic mercury. ';
6. In Annex 5, Part A, at the end of the text in point 2, the words "except metal mercury which is accepted as waste for temporary storage under the conditions laid down in § 9a 'are added.
7. In Annex No 5, Part A, at the end of point 3, the words "except for metallic mercury which is accepted as waste for temporary storage under the conditions laid down in § 9a 'shall be added.
8. In Annex 5, Part B, point 5, the words "European Community23) 'are replaced by the words" European Union23'.
9. The following Annex 13 is added, including footnotes 25, 26 and 27:
"Annex No 13 to Decree No 294 / 2005 Coll.
Specific requirements for the temporary storage of metallic mercury
A. Criteria and procedure for the acceptance of metallic mercury for temporary storage
1. Composition of metallic mercury
Metal mercury shall meet the following specifications:
(a) a mercury content exceeding 99,9% by weight;
(b) the absence of impurities capable of causing corrosion to carbon or stainless steel, such as nitric acid solutions or chloride salts solutions.
2. Requirements for means of collection
Containers used for storage of metallic mercury shall be resistant to corrosion and impact. There must be no welds on them. Containers shall comply with the following specifications:
(a) container material: carbon steel (at least ASTM A36) or stainless steel (AISI 304, 316L),
(b) containers must not release gases and liquids;
(c) the outer wall of the container must be resistant to storage conditions;
(d) the construction of the container must pass the free fall test and the leak test referred to in Annex A, Chapters 6.1.5.3 and 6.1.5.4 of the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR) 25.
The maximum filling level shall be 80% vol. to ensure sufficient expansion space and to avoid leakage and permanent breach of the container due to the high temperature.
3. Acceptance of metallic mercury for temporary storage
Only containers with a certificate proving compliance with the requirements set out in Part may be accepted And this annex. The certificate shall be issued by the supplier of the waste, which means the originator or the beneficiary, i.e. the person responsible for the waste until it has been transmitted to the next beneficiary. The certificate shall not replace the basic description of the waste as set out in Annex 1.
The reception procedures shall meet the following requirements:
(a) only metallic mercury meeting the minimum acceptance criteria referred to in point 1 is accepted;
(b) containers must be inspected visually before storage; damaged or corroded containers or containers showing leakage shall not be accepted;
(c) the containers must bear a permanent mark indicating the container identification number, the production material, the empty weight, the reference to the manufacturer and the date of manufacture;
(d) a table showing the identification number of the certificate must be permanently affixed to containers.
4. Content of the certificate
The certificate referred to in point 3 shall contain the following particulars:
(a) the identification details of the waste supplier (name, registered office, address, ID number, if any);
(b) identification details of the person responsible for filling the containers (name, registered office, address, ID number, if any),
(c) the place and date of filling of the containers;
(d) the quantity of mercury,
(e) mercury purity and, where appropriate, a description of the impurities, including an analytical report;
(f) an honest declaration that the containers have been used exclusively for the transport and storage of mercury;
(g) container identification numbers;
(h) any special comments.
B. Requirements for the temporary storage of metallic mercury
For the temporary storage of metallic mercury, the following requirements shall be met:
1. metallic mercury is stored separately from other waste;
2. containers shall be stored in suitable surface containers without cracks and cracks and impermeable to metallic mercury, with a retention volume corresponding to the quantity of mercury stored;
3. only installations which comply with the technical requirements laid down by law and by specific legislation on the protection of the environment and the health of people (2) may serve as a repository and which have been set up for this purpose in accordance with specific legislation on the spatial planning and building order section (10).
4. the repository, by its implementation and organisation of operations, must ensure that there is no danger to human health and damage to any of the environmental components under the specific environmental and human health legislation (2);
5. storage facilities shall comply with the same technical and safety requirements as warehouses of substances, preparations and products of the same dangerous properties as metallic mercury, which is waste;
6. storage facilities shall be equipped with artificial or natural barriers that sufficiently guarantee environmental protection against mercury emissions and shall have a retention volume corresponding to the total quantity of mercury stored;
7. the storage floor shall be covered with mercury-resistant gaskets, which are slept and equipped with a collection tank;
8. the repository complies with the requirements of special legislation on fire protection 26),
9. the material stored must be so arranged that all containers can be easily removed.
C. Monitoring, control and procedures requirements in the event of an accident and record keeping for the temporary storage of metallic mercury
1. Monitoring, control and procedures requirements in the event of an accident
A permanent mercury vapour monitoring system with a sensitivity of at least 0,02 mg mercury / m3 shall be installed in the storage site. The sensors shall be placed on the floor level and at a height of 160-180 cm above the floor level. A visual and acoustic warning system is included. System maintenance shall be carried out annually.
The storage and container operator shall visually check at least once a month. When a leak is detected, the operator shall immediately take the necessary measures to prevent mercury emissions to the environment and restore the safety of the mercury storage site. In doing so, it shall act in accordance with the accident measures included in the approved operating order and with the approved emergency plan under the Water Code (27). These documents, as well as the necessary equipment for the safe handling of metallic mercury, shall be in storage premises throughout the period of operation. All leaks are considered to have adverse effects on human health or the environment within the meaning of Section 20 (i) of the Act.
2. Record keeping
All documents containing the information referred to in Parts A and C of this Annex, including the certificate accompanying the container and the records relating to the removal and dispatch of metallic mercury after temporary storage, destination and intended processing, shall be kept for at least three years after the end of storage, unless Article 21 (1) (e) of the Act provides for the obligation to store such documents for a longer period.
25) Decree No. 64 / 1987 Coll., on the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR) and Notice of the Ministry of Foreign Affairs No. 13 / 2009 Coll., supplementing Communication No. 159 / 1997 Coll., No. 186 / 1998 Coll., No. 54 / 1999 Coll., No. 93 / 2000 Coll. s., No. 6 / 2002 Coll. m., No. 65 / 2003 Coll. s., No. 77 / 2004 Coll. m., No. 33 / 2005 Coll., No. 14 / 2007 Coll., No. 21 / 2008 Coll. s. on the declaration of the adoption of amendments and additions "Annexes A - General provisions and provisions concerning dangerous substances and articles' and" Annexes B - Provisions on Transport and Transport 'of European Agreement on the International Road Transport of Dangerous Goods (ADR).
26) Act No. 133 / 1985 Coll., on Fire Protection, as amended.
27) § 39 (2) of Act No. 254 / 2001 Coll. '
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Mgr. Chalupa v. r.
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Regulation Information
| Citation | Decree No. 93 / 2013 Coll., amending Decree No. 294 / 2005 Coll., on the conditions for the disposal and use of waste on the terrain and amending Decree No. 383 / 2001 Coll., on the details of waste management, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.04.2013 |
|---|---|
| Effective from | 12.04.2013 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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