Regulations, 2013

L.N. 150 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Waste Management (Landfill) (Amendment)

Regulations, 2013

IN EXERCISE of the powers conferred by articles 61 and 62 of

the Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change,

after consultation with the Malta Environment and Planning

Authority, has made the following regulations:-

The title of these regulations is the Waste Management Citation.

(Landfill) (Amendment) Regulations, 2013, and these regulations

shall be read and construed as one with the Waste Management S.L. 504.53

(Landfill) Regulations, hereinafter referred to as "the principal

regulations".

Regulation 1 of the principal regulations shall be amended Amends

regulation 1 of

as follows

the principal

regulations.

(a)

sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) These regulations provide additional

measures, procedures and guidance to those in

the Waste Regulations, to prevent or reduce as

far as possible negative effects on the

environment in particular the pollution of

surface water, groundwater, soil and air, and

the global environment, including the

greenhouse effect, as well as any resulting risk

to human health, from the landfilling of waste,

during the whole life-cycle of the landfill.";

and

(b) immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation

"(4) These regulations bring into effect the

provisions of Council Directive 1999/31/EC * of 26 April

1999 on the landfill of waste and Council Directive 2011/

*OJ L 182, 16.7.1999, p 1.

97/EU * amending Directive 1999/31/EC as regards

specific criteria for the storage of metallic mercury

considered as waste.".

Regulation 14 of the principal regulations shall be

amended as follows

(a)

sub-regulations (1) to (4) thereof shall be re-

numbered as sub-regulations (2) to (5) respectively; and

(b) immediately before sub-regulation (2) thereof, as

renumbered, there shall be added the following new sub-

regulation

"(1) The established criteria and procedures for

the acceptance of waste at landfills pursuant to Council

Decision 2003/33/EC of 19 December 2002 establishing

criteria and procedures for the acceptance of waste at

landfills pursuant to Article 16 of and Annex II to

Directive 1999/31/EC ** shall be applied.".

Immediately after paragraph 7 of Schedule 1 to the

principal regulations, there shall be added the following new

paragraph

"8.

Temporary storage of metallic mercury

For the purposes of temporary storage for more than 1 year

of metallic mercury, the following requirements shall apply

-

Metallic mercury shall be stored separately

from other waste.

-

Containers shall be stored in collecting basins

suitably coated so as to be free of cracks and gaps and

impervious to metallic mercury with a containment volume

adequate for the quantity of mercury stored.

-

The storage site shall be provided with

engineered or natural barriers that are adequate to protect

the environment against mercury emissions and a

containment volume adequate for the total quantity of

mercury stored.

-

The storage site floors shall be covered with

*OJ L 328, 10.12.2011, p. 49-52.

**OJ L 11, 16.1.2003, p. 27.

mercury-resistant sealants. A slope with a collection sump

shall be provided.

-

The storage site shall be equipped with a fire

protection system.

-

Storage shall be arranged in a way to ensure

that all containers are easily retrievable.".

Immediately after paragraph 5 of Schedule 2 to the Amends

principal regulations there shall be added the following new Schedule

the principal

paragraphs

regulations.

"6.

On site verification

On-site verification ensures that the waste is the same as

the waste that was subject to basic characterisation and

compliance testing, and that the waste is correctly described in

the accompanying document.

In this regard the landfill operator is to

-

check the relevant waste documentation;

-

visually inspect the waste entering the

landfill, unless it is not practicable to see the waste due to

the vehicle or container in which the waste is delivered;

-

periodically take samples and the same

samples are to be kept for a period of at least one year;

-

keep a register of the waste deposited

including the location of hazardous waste.

Records

The operator shall keep records of the required

information, including test results, for a period of three years,

including basic characterisation and compliance testing of the

waste.

Specific requirements for metallic mercury

For the purposes of temporary storage for more than 1 year

of metallic mercury, the following requirements shall apply

A.

Composition of the mercury

Metallic mercury shall comply with the following

specifications

-

mercury content greater than 99,9% per

weight;

-

no impurities capable of corroding carbon or

stainless steel (e.g. nitric acid solution, chloride salts

solutions).

B.

Containment

Containers used for the storage of metallic mercury shall

be corrosion and shock-resistant. Welds shall therefore be

avoided. The containers shall comply in particular with the

following specifications

-

container material: carbon steel (ASTM A36

minimum) or stainless steel (AISI 304, 316L),

-

containers shall be gas and liquid tight,

-

the outer side of the container shall be

resistant against the storage conditions,

-

the design type of the container shall

successfully pass the drop test and the leakproofness tests

as described in Chapters 6.1.5.3 and 6.1.5.4 of the UN

Recommendations on the Transport of Dangerous Goods,

Manual of Tests and Criteria.

The maximum filling ratio of the container shall be 80%

by volume to ensure that sufficient ullage is available and

neither leakage nor permanent distortion of the container can

occur as a result of an expansion of the liquid due to high

temperature.

C.

Acceptance procedures

Only containers with a certificate complying with the

requirements set out in this Section shall be accepted.

Acceptance procedures shall comply with the following

-

only metallic mercury which fulfils the

minimum acceptance criteria set out above shall be

accepted,

-

containers shall be visually inspected before

storage. Damaged, leaking or corroded containers shall not

be accepted,

-

containers shall bear a durable stamp (made

by punching) mentioning the identification number of the

container, the construction material, its empty weight, the

reference of the manufacturer and the date of construction,

-

containers shall bear a plate permanently

fixed to the container mentioning the identification number

of the certificate.

D.

Certificate

The certificate indicated in subsection C shall include the

following elements

-

name and address of the waste producer,

-

name and address of the responsible for the

filling,

-

place and date of filling,

-

quantity of the mercury,

-

the purity of the mercury and, if relevant, a

description of the impurities, including the analytical

report,

-

confirmation that the containers have been

used exclusively for the transport/storage of mercury,

-

the identification numbers of the containers,

-

any specific comments.

Certificates shall be issued by the producer of the waste or,

in default, by the person responsible for its management.".

6. Immediately after paragraph 5 of Schedule 3 to the Amends

principal regulations there shall be added the following new Schedule

the principal

paragraph

regulations.

"6.

Specific requirements for metallic mercury

For the purposes of temporary storage for more than 1 year

of metallic mercury, the following requirements shall apply

A. Monitoring,

inspection

and

emergency

requirements

A continuous mercury vapour monitoring system

with a sensitivity of at least 0,02 mg mercury/m 3 shall be

installed in the storage site. Sensors shall be positioned at

ground level and head level. This shall include a visual and

acoustic alert system. The system shall be maintained

annually.

The storage site and containers shall be visually

inspected by an authorised person at least once a month.

Where leaks are detected, the operator shall immediately

take all necessary action to avoid any emission of mercury

to the environment and restore the safety of the storage of

the mercury. Any leaks shall be considered to have

significant adverse environmental effects as referred to in

regulation 15(2).

Emergency plans and adequate protective

equipment suitable for handling metallic mercury shall be

available on site.

B.

Record keeping

All documents containing the information referred

to in paragraph 6 of Schedule 2 and in point A of this

paragraph, including the certificate accompanying the

container, as well as records concerning the destocking and

dispatch of the metallic mercury after its temporary storage

and the destination and intended treatment shall be kept for

at least 3 years after the termination of the storage.".

€0.54