Decree No. 94 / 2016 Coll.

Ordinance on the evaluation of hazardous properties of waste

Valid Order Effective from 01.04.2016
94
DECLARATION
of 23 March 2016
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, as amended by Act No. 169 / 2013 Coll. and Act No. 223 / 2015 Coll.:
§ 1
Subject matter
This decree incorporates the relevant European Union1), following the directly applicable European Union2) and provides for
(a) the content of the application for authorisation to evaluate hazardous waste properties;
(b) the content of the proposal to extend the mandate to evaluate hazardous waste properties;
(c) the content of training for the assessment of hazardous waste properties;
(d) criteria, methods and procedures for assessing the hazardous properties of waste;
(e) the content of the application for the evaluation of hazardous waste properties;
(f) the content of the certificate of the exclusion of hazardous waste properties (hereinafter referred to as the certificate),
(g) the content of the Communication on the presence of hazardous properties in the waste under assessment (hereinafter referred to as the Communication).
§ 2
Content of the application for authorisation to evaluate hazardous properties of waste
The application for authorisation to evaluate hazardous properties of waste contains, in addition to the general requirements of the Administrative Regulation (3)
(a) the address of the applicant's electronic mail, unless it has an appointed expert representative;
(b) the name and surname and e-mail address of the applicant's expert representative, if any,
(c) the number of the electronically readable identification document, if the applicant is a natural person who is not authorised to do business, where such document has been issued to him;
(d) a list of the hazardous properties of the wastes listed in the Annex directly applicable to the European Union Regulation on hazardous properties of waste (2) for which a mandate is sought for evaluation;
(e) certified copies of documents proving the professional competence of the applicant or of the applicant's professional representative for the evaluation of hazardous waste properties pursuant to § 7 (5) to (7) of the Waste Act;
(f) proof of payment of the administrative charge (4).
§ 3
Content of the proposal to extend the mandate to evaluate hazardous waste properties
The proposal to extend the mandate to evaluate hazardous properties of waste contains, in addition to the general requirements of the Administrative Regulation3)
(a) the address of the applicant's electronic mail, unless it has an appointed expert representative;
(b) the name and surname and e-mail address of the applicant's expert representative, if any,
(c) a list of the hazardous properties of waste listed in the Annex directly applicable to the European Union Regulation on hazardous properties of waste (2), the evaluation of which proposes an extension of the mandate,
(d) proof of completion of training for the assessment of hazardous waste properties by the applicant or by the applicant's expert representative;
(e) proof of payment of the administrative charge (4).
§ 4
Content of training for the evaluation of hazardous waste properties
The content of training for the assessment of hazardous properties of waste is always information about
(a) legislation for assessing hazardous properties of waste, including related legislation and directly applicable European Union legislation;
(b) the classification of waste according to the Waste Catalogue;
(c) the principles for establishing a waste testing programme with an emphasis on documentation of the whole sampling and treatment process prior to their transmission for testing and interpretation of test results;
(d) labour safety principles for waste sampling;
(e) the method and procedure for the assessment of individual hazardous properties in accordance with Section 6;
(f) the procedure for the selection of laboratories and expert centres for the testing of waste samples, the formalities for protocols on test results and their interpretation;
(g) health and environmental risks to hazardous waste management;
(h) the contents and particulars of the certificates and communications;
(i) the procedure for the storage of documents related to the assessment of hazardous waste properties;
(j) the use of an environmental reporting system 5) for the assessment of hazardous waste properties.
§ 5
Criteria and definitions of hazardous properties of waste
The definitions of hazardous properties of waste, limit values and criteria on the basis of which individual hazardous properties of waste are assessed are set out in the Annex to the directly applicable European Union legislation on hazardous properties of waste (2), in the Waste Catalogue (6) and in Annex No 1 to this Regulation as regards the hazardous properties listed in the Annex to the directly applicable European Union act on hazardous properties of waste (2) under the designation HP 9, HP 14 and HP 15.
§ 6
Procedure for assessing and classifying hazardous properties of waste
(1) Hazardous properties can only be excluded for wastes arising from or arising from controlled or known processes which guarantee non-volatile properties for the waste under assessment.
(2) The assessment of the individual hazardous properties of waste shall be carried out by comparing the criteria and limit values of the indicators established for these properties in accordance with Article 5 with the identified characteristics of the waste under assessment which have been obtained from the applicant or from the testing of waste under Sections 7 and 8 or from other documented sources.
(3) The resources on which the delegate has been based in the framework of his or her evaluation must be indicated separately in the documentation of the delegate's procedure for each property evaluated. Waste testing shall be carried out only if the collected material is not sufficient for the judgement of the authorised person to assess the individual hazardous properties of the waste. The judgment shall be justified in the context of the documentation of the procedure of the delegate in relation to any indicator established as a criterion of dangerous property.
(4) Where the hazardous property of waste has been assessed on the basis of the waste testing and the use of the concentrations of hazardous substances set out in the Annex to the directly applicable European Union legislation on hazardous properties of waste (2) or Annex 1 to this Decree and judgment, the results of the waste test shall prevail.
(5) Protocols on waste testing submitted by the applicant for the assessment of hazardous waste properties may be used by the authorised person as a basis for the evaluation only if the tests have been carried out in laboratories or in professional centres meeting the conditions set out in § 8 (2) and sampling has been carried out and documented in accordance with the requirements of § 7 and 8.
(6) The assessment of the unsafe properties of waste shall also take into account the fact that after sampling of waste may result in a quantitative or qualitative change in the waste under assessment. This shall be taken into account in the documentation showing the outcome of the evaluation.
(7) The authorised person shall keep all documents relating to the evaluation of hazardous waste properties for at least 5 years.
Testing of waste for the purpose of assessing hazardous properties of waste
§ 7
(1) Waste testing shall be carried out on samples taken from the waste evaluated.
(2) A test programme shall be prepared before sampling. Part of the testing programme is a sampling plan, the contents of which are set out in technical standard ČSN EN 14899 of 1 July 2006.
(3) The sampling of waste carried out on the basis of a testing programme for the purpose of assessing the hazardous properties of waste shall comply with the requirements for the sampling of waste set out in Technical Standard ČSN EN 14899 of 1 July 2006.
(4) A report shall be drawn up on the sampling, together with the sampling plan and the reports of the waste tests carried out, supporting the certification or communication. The requirements of the waste sampling protocol are set out in technical standard ČSN EN 14899 of 1 July 2006 on waste characterisation - Waste sampling - Principles for preparing and using the sampling programme.
(5) The processing of the testing programme and the sampling plan for the purpose of assessing the hazardous properties of waste and its content shall be the responsibility of the responsible person involved in the evaluation of the waste concerned.
(6) Sampling of waste on the basis of the sampling plan referred to in paragraph 2 may only be carried out by:
(a) the authorised person;
(b) a competent natural person certified for the sampling of waste according to technical standard ČSN EN ISO / IEC 17024 of 1 May 2013 Conformity assessment - General requirements for personnel certification bodies; or
(c) a laboratory or a professional workplace that has been accredited for the sampling of waste in accordance with technical standard ČSN EN 14899 of 1 July 2006.
§ 8
(1) In the context of the verification of hazardous waste properties under Section 6 (4) of the Waste Act, samples of waste may be taken according to the sampling plan referred to in Section 7 (2) by a natural person who has been proven to have been trained by the person referred to in Section 7 (5) prior to collection. This training shall be valid for 1 year.
(2) The waste testing shall be carried out in laboratories or in professional workplaces accredited to the technical standard ČSN EN ISO / IEC 17025 of 1 November 2005 Conformity assessment - General requirements for the competence of test and calibration laboratories. The competence of a laboratory or a professional workplace shall apply only to the methods listed in the Annex to the accreditation certificate issued to them.
(3) For the assessment of hazardous waste properties, only test methods listed in the directly applicable European Union Regulation on test methods pursuant to Regulation (EC) No 1907 / 20067 of the European Parliament and of the Council may be used, in the notes of the European Committee for Standardisation or in other internationally accepted test methods and guidelines.
(4) A number of samples shall be taken from the waste assessment unit to test waste to minimise the effects of any non-homogeneity of waste and the effects of any errors in the sampling and testing of waste. The results of the waste testing shall be evaluated using the statistical method and this evaluation shall be the basis for the classification of waste.
§ 9
Content of the application for the evaluation of hazardous waste properties
(1) The application by the producer or authorised person for the assessment of the hazardous properties of waste contains:
(a) the company or name, legal form and address of the registered office where the applicant is a legal person; the firm or name and address of the registered office, if the applicant is a natural person,
(b) the identification number of the person, if assigned;
(c) the reference number, the date of issue and the duration of the decision of the competent administrative authority, including its name, to consent to the management of hazardous waste or to the operation of the waste facility, if any;
(d) classification of waste according to the Waste Catalogue;
(e) a description of the generation of waste, the determination of the origin of waste by the address of the establishment and the identification number of the establishment or establishment, if any, and a description of the operation, plant, technology and treatment process at which the waste was generated, the list and characteristics of the raw materials used and entering or entering the waste;
(f) the characteristics of the waste and the specification of the composition of the waste with regard to the content of the chemicals and infectious agents present in the waste or the presence of which can be expected, under certain conditions, due to the origin of the waste, including its characteristics and classification;
(g) the quantity of waste produced per unit of time.
(2) Where the supporting documents referred to in paragraph 1 are not sufficient to assess the hazardous properties of the waste referred to in Article 5, the authorising officer may, to the extent necessary, require the applicant to submit additional supporting documents, in particular:
(a) the sampling plan and the sampling report;
(b) information on how samples are transported for the purpose of testing the hazardous properties of waste;
(c) reports of waste testing carried out taking into account expected waste characteristics;
(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.
Content of certificates and communications
§ 10
(1) The certificate shall contain:
(a) the applicant's identification data on the evaluation of hazardous waste properties referred to in points (a) and (b) of Article 9 (1);
(b) the identification data of the delegate or persons involved in the evaluation of the waste concerned,
1. business name and address of the registered office, if any,
2. the business name and forename and address of the registered office, if it is a natural person authorised to do business,
3. the name and surname and address of the residence, if any,
4. the identification number of the person, if assigned,
(c) the name and surname of the authorised representative, if any;
(d) the name of the species and the catalogue number of the waste concerned according to the Waste Catalogue and the proposal for its inclusion following the results of its evaluation;
(e) a description of the operation of the installation, of the input raw materials into the technology or process in which the waste is generated or generated, the determination of the place of generation by the address of the establishment and the identification number of the establishment or establishment, if allocated, a description of the technology or process of waste formation, information on the waste and inputs which could affect the quality of the waste, an assessment of the management of the processes in which the waste is generated or is generated due to the integrity of its quality, an evaluation of the integrity of the properties of the waste after its generation;
(f) the result and justification of the assessment of individual hazardous properties of waste;
(g) the period of validity of the certificate and the conditions laid down therein;
(h) frequency and method of subsequent control of waste properties, conditions affecting the integrity of technological processes and raw materials inputs;
(i) the conclusion of the evaluation;
(j) the identification number allocated to the environmental reporting system (5);
(k) date of issue, signature of all authorised persons; where the authorised representative is appointed by the authorised representative, the signature of the experts of the authorised persons involved in its preparation,
(l) a list of the own and the applicant supporting documents used to assess the hazardous properties of waste.
(2) In the context of the formalities referred to in paragraph 2 (f), the certificate shall always contain the result of the evaluation of all the hazardous properties of the waste by the person referred to in the Annex to the directly applicable European Union legislation on hazardous properties of waste (2). The authorised person or persons shall indicate on the certificate, for each dangerous property, whether the evaluation of the individual property was carried out on the basis of the judgement of the authorised person, on the basis of the results of the tests and the judgement of the authorised person or on the basis of the results of the tests.
(3) The communication shall contain the particulars referred to in paragraph 2 (a) to (f) and (i) to (l). In the context of the formalities referred to in paragraph 2 (f), the communication shall always contain the result of an assessment of one or more of the hazardous properties of the waste listed in the Annex, which are directly applicable to the European Union's hazardous properties (2), which has been identified in the evaluation of the waste or which could not be excluded. The authorising officer shall indicate in the communication whether the evaluation of the individual hazardous properties was carried out on the basis of the judgement of the delegate, the results of the waste tests and the judgement of the delegate or the results of the waste tests.
§ 11
(1) Where the waste concerned is assessed by more than one authorised person, the certificate or communication shall consist of:
(a) parts containing the evaluation referred to in Article 10 (2) (f) of one or a set of hazardous waste properties carried out by each authorised person involved in the evaluation of the waste;
(b) the parts referred to in Article 10 (2) (a) to (e) and (g) to (l) which are common to all authorised persons involved in the evaluation of waste.
(2) A documentary report on the evaluation of hazardous waste properties is an integral part of the certificate and communication in paper form. The details of the contents of this report are set out in Annex 2 to this Decree.
§ 12
Repeal
They shall be deleted:
1. Decree of the Ministry of the Environment and the Ministry of Health No. 376 / 2001 Coll., on the evaluation of hazardous properties of waste.
2. Decree No. 502 / 2004 Coll., amending the Decree of the Ministry of the Environment and the Ministry of Health No. 376 / 2001 Coll., on the evaluation of hazardous properties of waste.
§ 13
Efficacy
This Decision shall enter into force on 1 April 2016.
Minister of Environment:
Mgr. Brabec v. r.
Minister for Health:
MUDr.

Příloha č. 1

Annex No 1 to Decree No 94 / 2016 Coll.
Additional limit values and criteria for assessing hazardous properties of HP 9, HP 14 and HP 15 waste
1. HP 9 Infections
1.1. Assignment of the hazardous property HP 9 Infectious is assessed according to the rules laid down in other legislationor reference documents8).
1.2. The evaluation of the hazardous property HP 9 Infectious is always carried out on the basis of a description of the generation of waste, an expert assessment of the waste-producing technology, or waste treatment technology and a description of the waste in terms of the possible content of the infectious agens8).
1.3. For evaluation it is necessary to assess whether the waste contains:
(a) micro-organisms - microbiological agents, cellular or non-cellular, capable of reproduction or transmission of genetic material. Microbiological agents include algae, bacteria, fungi, parasites, plasmids, prions, viruses and their genetically modified variants. The evaluation of micro-organisms in terms of pathogenicity is carried out according to the current knowledge (9);
(b) viable micro-organisms - according to the state of the organism at the place and time of waste production. The micro-organisms that have been killed are not considered infectious;
(c) toxins produced by micro-organisms which may come from wastes with hazardous properties HP 9 Infectious, even if the producing organism is no longer present in the waste.
1.4. Toxins from micro-organisms are evaluated in the same way as chemicals by comparing risk levels and assigned codes indicating their risk properties. The waste is subsequently classified according to the relevant hazardous property, such as HP 6 hazardous waste.
1.5. In assessing the hazardous properties of HP 9 Infectious in treated waste it is necessary to describe the technological process, the decontamination method (physical, chemical or biological) and to demonstrate the effectiveness of waste treatment or decontamination by validating the technology or method. The procedures for demonstrating the effectiveness of decontamination are set out in other legislation9).
1.6. Indicators for the efficiency of waste treatment or decontamination are microbiological tests. Methods for the determination of indicator micro-organisms are set out in the relevant methodologies (10).
2. HP 14 Ecotoxic
Assignment of hazardous properties HP 14 Ecotoxic may be performed on the basis of a calculation method according to the directly applicable European Union Regulation on the hazardous properties of ecotoxica11) or on the basis of a test carried out as described in Table 1.1 or 1.2. In the case of test-based evaluation, the hazardous property of ecotoxicity shall be assigned to waste which, under test conditions, exceeds the limit values specified in the relevant table for at least one test organism. If both the calculation method and the test evaluation have been performed in a particular case, the hazardous property shall be assigned on the basis of the test result.
Table 1.1: Requirements for ecotoxicity test results
Zkušební organismusDoba působeníLimitní hodnoty
Ryba
Poecilia reticulata, nebo Brachydanio rerio
96 hodinLC50 ≤ 10 ml.l-1
Perloočka
Daphnia magna Straus
48 hodinEC50 ≤ 10 ml.l-1
Řasa
Desmodesmus subspicatus
72 hodinIC50 ≤ 10 ml.l-1
Semeno
Sinapis alba
72 hodinIC50 ≤ 10 ml.l-1
Explanatory notes to Table 1.1:
LC 50 - concentration that 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.
IC 50 - concentration which causes a 50% change in the 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.
Table 1.2: Requirements for ecotoxicity test results
Zkušební organismusDoba působeníLimitní hodnoty
Bakterie Vibrio fischeri15 minut
a
30 minut
neprokáže se ve zkoušce inhibice světelné emise bakterií větší než 20 % při expozici 15 minut ani při expozici 30 minut
Perloočka
Daphnia magna Straus
48 hodinprocento imobilizace perlooček nesmí ve zkoušce přesáhnout 20 %
Řasa
Desmodesmus subspicatus
72 hodinneprokáže se ve zkoušce inhibice nebo stimulace růstu řas větší než 20 % ve srovnání s kontrolou
Salát Lactuca sativa120 hodinneprokáže se ve zkoušce inhibice nebo stimulace růstu kořene salátu větší než 30 % ve srovnání s kontrolou
Explanatory notes to Table 1.2:
1. Tests with bacteria, pearly eyes and algae shall be carried out by means of a dry leaching of solid waste, the salad shall be carried out with solid waste.
2. The concentration of the test sample of solid waste is 10% hm. of the sample, i.e. 100 g dry matter of waste + 900 g dry matter of artificial soil. Artificial soil also serves as a control.
3. The aqueous leaching is used in diluted (at a concentration of 100 ml / l) with the addition of the same nutrients and at the same concentration as in the control according to the corresponding technical standard. In the case of the test with Vibrio fischeri luminescent bacteria, this means that at 0,5 ml of diluted sample (concentration 200 ml / l) with treated salinity according to the instructions given in Technical Standard ČSN EN ISO 11348-1,2 of 5 May 2009 Water Quality - Determination of the inhibition effect of water samples on light emission Vibrio fischeri (Test for luminescent bacteria) - Part 1: Method with freshly prepared bacteria, Part 2: Method with dried bacteria adds 0,5 ml of bacterial suspension (test concentration 10% volume). In the case of an algae test Desmodesmus subspicatus, the aqueous leaching is a concentration of 100 ml / l, with the addition of nutrients, the addition of the algae suspension must not exceed 1% of the volume of the sample tested.
4. Preparation of the leaching:
The preparation of the leaching shall be carried out according to EN 12457-4 of 1 July 2003.
A medium to fast flow paper filter shall be used for filtration.
5. Additional conditions for testing the test organism Lactuca sativa salad according to technical standard ČSN EN ISO 11269-1 of 1 August 2013 soil quality - Determination of the effects of pollutants on soil flora - Part 1: Method of measuring inhibition of root growth:
The test shall be carried out on lettuce seed for the acceleration of Lactuca sativa var. capitata, Sapphire. Undamaged seeds of the same size, chemically untreated, shall be selected for the test. Salad seed shall be pre-germinated in a test vessel on a layer of water-moistened filter paper for 24 to 48 h, at laboratory temperature, without regulation of lighting. For the test, seed germinated or with root less than 2 mm shall be selected.
Weigh 200 g to 300 g of humidified waste sample (diluted with 1: 9 by weight) or control (artificial soil) into the test vessel. The height of the sample layer in the container shall be at least 3 cm. A rectangular net, e.g. 5 x 3 points, shall be distributed. The pincers shall be evenly distributed in the formed wells about 0,5 cm to 1 cm deep, along 15 germinated seeds of the salad with the root down. The seeds shall be pressed against the sample, the sample shall not be covered and the containers thus prepared closed by the lid shall be placed in a thermostat at a temperature of 24 ° C ± 2 ° C without light access.
The test shall be performed in three parallel determinations. After 120 h ± 2 h incubation, the salad shall be carefully separated from the sample and the length of all roots in the sample tested shall be measured and recorded to the nearest 1 mm.
The mean root length found in the control and test sample shall be the basis for assessing the growth inhibition test. If pre-germinated seed does not form the root, this value is counted as zero. The variation coefficient of parallel determinations shall not exceed 20%. The average length of the salad root in the control shall be at least 15 mm.
It is recommended that the reference substance be tested regularly. The EC50 of boric acid is determined using artificial soil, with the recommended EC50 of 300,0 mg.kgsuš-1 to 650,0 mg.kgsuš-1.
In order to demonstrate consistency of laboratory test conditions, three sand-filled test vessels are included in each root growth inhibition test after 6 pre-germinated salad seeds.
The assessment of the test shall be carried out in accordance with EN ISO 11269-1. The recommended mean root length is 30 mm.
Test methods for assessing the hazardous property HP 14 are specified in the following technical regulations:
Fish Poecilia reticulata, or Brachydanio rerio - ČSN EN ISO 7346-2 of 1 February 1999 Water quality - Determination of acute lethal toxicity to freshwater fish [Brachydanio rerio Hamilton-Buchanan (Teleostei, Cyprinidae)] - Part 2: Restoration method.
Sinapis album seed - Test for inhibition of white mustard root growth (Sinapsis alba). Methodological instruction by the Ministry of the Environment to determine ecotoxicity of waste, published in the Ministry of the Environment Bulletin, year XVII, number 4, April 2007.
Vibrio fischeri bacteria - ČSN EN ISO 11348-1,2 of 1 May 2009 Water quality - Determination of the inhibition effect of water samples on the light emission of Vibrio fischeri (Luminescent bacterium test).
Peloočka Istria magna Straus - ČSN EN ISO 6341 of 1 May 2013 Water quality - Test for inhibition of mobility of Istria magna Straus (Cladocera, Crustacea) - Acute toxicity test.
Desmodesmus subspicatus - ČSN EN ISO 8692 of 1 August 2012 Water quality - Test for inhibition of growth of freshwater green algae.
Lactuca sativa salad - ČSN EN ISO 11269-1 of 1 August 2013 Soil quality - Determination of the effects of pollutants on soil flora - Part 1: Method of measuring inhibition of root growth.
3. HP 15 Waste capable of showing any of the above hazardous properties at the time of its formation
The addition of the hazardous property HP 15 shall be carried out on the basis of the criteria set out in the Annex to the directly applicable European Union legislation on the non-hazardous properties of waste (2) and shall be classified as hazardous waste with this hazardous characteristic as waste which releases waste into the aqueous leaching of pollutants in quantities exceeding the limit concentrations in the leaching set out in Table 2.
Table 2 Limit concentration values for the evaluation of the hazardous property HP 15
UkazatelJednotkaLimitní hodnota
pH5,5 – 13
RL (rozpuštěné látky)mg/l8 000
Fluoridymg/l30
Asmg/l2,5
Bamg/l30
Cdmg/l0,5
Cr celkovýmg/l7
Cumg/l10
Hgmg/l0,2
Nimg/l4
Pbmg/l5
Sbmg/l0,5
Semg/l0,7
Znmg/l20
Momg/l3
Bmg/l90
Jednosytné fenolymg/l100
Explanatory notes to Table 2:
1. Single-syne phenols means the sum of single-syn phenols volatile with water vapour
2. Technical standards for test methods are set out in Annex 12 to Decree No 294 / 2005 Coll. 12)

Příloha č. 2

Annex No 2 to Decree No 94 / 2016 Coll.
Documentation report on evaluation of hazardous waste properties
1. INTRODUCTION
1.1. Information on the applicant and application for evaluation of hazardous waste properties
1.2. Identification of the entrusted person or persons involved in waste assessment
1.3. Identification of the person who prepared the documentation report on the evaluation of hazardous waste properties
2. BACKGROUNDS
2.1. Documentation and documents transmitted by the applicant
2.2. Supporting documents
3. DIFFERENT PART
3.1. Description of the technology or method of waste generation
3.1.1. Description of the installation where waste is generated

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Regulation Information

CitationDecree No. 94 / 2016 Coll., on the evaluation of hazardous properties of waste
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation31.03.2016
Effective from01.04.2016
Effective until-
Status Valid
The regulation text is for informational purposes only.
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