POLLUTION CAUSED BY CERTAIN DANGEROUS SUBSTANCES DISCHARGED INTO THE AQUATIC ENVIRONMENT

SUBSIDIARY LEGISLATION 549.10

POLLUTION CAUSED BY CERTAIN

DANGEROUS SUBSTANCES DISCHARGED

INTO THE AQUATIC ENVIRONMENT

REGULATIONS

1st May, 2004

LEGAL NOTICE 213 of 2001, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Pollution caused by

Certain Dangero us Sub st an ces di scharged in to t he Aquati c

Environment Regulations.

(1) For the purpose of these regulations and unless the

context otherwise requires

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as a

competent authority for different provisions and different purposes

of these regulations;

"discharge" means the introduction into the waters referred to in

subregulation (2) of any substances in List I or List II of the Annex,

with the exception of -

(a) discharges of dredgings,

(b) operational discharges from ships in territorial waters,

(c) dumping from ships in territorial waters;

"fresh-water limit" means the place in the watercourse where, at

low tide and in a period of low fresh-water flow, there is an

appreciable increase in salinity due to the presence of sea water;

"inland surface water" means all static or flowing fresh surface

water;

"internal coastal water" means waters on the land-ward side of

the base line from which the breadth of territorial waters is

measured, extending, in the case of watercourses, up to the fresh-

water limit;

"pollution" means the discharge by man, directly or indirectly, of

substances or energy into the aquatic environment, the results of

which are such as to cause hazards to human health, harm to living

resources and to aquatic ecosystems, damage to amenities or

interference with other legitimate uses of water.

(2)

Subject to regulation 9, these regulations shall apply to

(a) inland surface water;

(b) territorial waters;

(c) internal coastal waters; and

(d) ground water.

(1) The competent authority shall take the necessary

m eaures to el im inate pol luti on of the waters referred to in

regulation 2(2) by the dangerous substances in the families and

groups of substances in List I of the Annex.

(2) The competent authority shall take the necessary measures

to reduce pollution of the said waters by the dangerous substances

in the families and groups of substances in List II of the Annex, in

accordance with these regulations.

(1) Any person who discharges into the waters referred to

in regulation 2(2) any substances within List I shall require prior

authorization by the competent authority.

(2) The licence issued by the competent authority shall lay

down emission standards with regard to discharges of any such

substance into the waters referred to in regulation 2(2) and, where

this is necessary for the implementation of these regulations, to

discharges of any such substance into sewers

Provided that in the case of existing discharge of any such

substance into the waters referred to in regulation 2(2), the person

effecting such discharge shall comply with the conditions laid

down in the licence within the period stipulated therein. Such

period shall not exceed the limits laid down in accordance with

regulation 7.

(3) A licence by the competent authority may be granted for a

limited period only, provided that it may be renewed, taking into

account any changes in the limit values referred to in regulation 7.

(1) The competent authority shall apply a system of zero-

emission to discharges into ground water of substances within List

I.

(2) The provisions of these regulations relating to the

substances belonging to the families and groups of substances in

List II, hereinafter called "substances within List II", shall apply to

ground water.

(3) Subregulations (1) and (2) shall neither apply to domestic

effluents nor to discharges injected into deep, saline and unusable

strata.

(1) The competent authority shall in granting the licence

pursuant to regulation 4, lay down emission standards to determine

(a) the maximum concentration of a substance permissible

in a discharge. In the case of dilution, the limit value

provided for in regulation 7(1)(a) shall be divided by

the dilution factor;

(b) the maximum quantity of a substance permissible in a

discharge during one specified period of time or more.

This quantity may, if necessary, also be expressed as a

unit of weight of the pollutant per unit of the

characteristic element of the polluting activity (such as

the unit of weight per unit of raw material or per

product unit).

(2) The competent authority may, in each licence it grants,

where necessary, impose more stringent emission standards than

those resulting from the application of the limit values laid down

pursuant to regulation 7, taking into account in particular the

toxicity, persistence, and bioaccumulation of the substance

concerned in the environment into which it is discharged.

(3) The competent authority shall refuse to grant a licence if

the person who is effecting the discharges declares that he is unable

to comply with the required emission standards, or if this situation

is evident to the competent authority.

(4) If the emission standards are not complied with, the

competent authority shall take all appropriate steps to ensure that

the conditions of licence are fulfilled and, if necessary, that the

discharge is prohibited.

(1) The competent authority shall lay down the limit

values which the emission standards may not exceed for the various

dangerous substances included in the families and groups of

substances within List I. These limit values shall be determined by

(a) the maximum concentration of a substance permissible

in a discharge, and

(b) where appropriate, the maximum quantity of such a

substance expressed as a unit of weight of the pollutant

per unit of the characteristic element of the polluting

activity (such as the unit of weight per unit of raw

material or per product unit). Where appropriate, limit

values applicable to industrial effluents shall be

established according to sector and type of product.

The limit values applicable to the substances within

List I shall be laid down mainly on the basis of -

(i) toxicity,

(ii) persistence,

(iii) bioaccumulation,

taking into account the best technical means available.

(2) The competent authority shall lay down quality objectives

for the substances within List I. These objectives shall be laid down

p r i n c i p a l l y o n t h e b a s i s o f t h e t o x i c i t y, p e r s i s t e n c e a n d

bioaccumulation of the said substances in living organisms and in

sediment, as indicated by the latest conclusive scientific data,

taking into account the difference in characteristics between salt-

water and fresh water.

(1) In order to reduce pollution of the waters referred to in

regulation 2(2) by the substances within List II, the competent

authority shall establish programmes, which upon implementation,

shall apply the methods referred to in subregulations (2) and (3).

(2)

The competent authority shall require that any person who

discharges into the waters referred to in regulation 2(2) any of the

substances within List II shall be in possession of a licence by the

competent authority in which emission standards shall be laid

down. Such standards shall be based on the quality objective,

which shall be fixed as provided for in subregulation (3).

(3) The programmes referred to in subregulation (1) may also

include specific provisions governing the composition and use of

substances or groups of substances and products, and shall take into

account the latest economically feasible technical developments.

(4) The programmes

shall

set

deadlines

for

their

implementation.

The competent authority shall take all appropriate steps to

implement measures adopted by it, pursuant to these regulations, in

such a way as not to increase the pollution of waters to which

regulation 2(2) does not apply. The competent authority shall, in

addition, prohibit all acts which intentionally or unintentionally

circumvent the provisions of these regulations.

The application of the measures taken pursuant to these

regulations shall on no account lead, either directly or indirectly, to

increased pollution of the waters referred to in regulation 2(2).

The competent authority shall draw up an inventory of the

discharges into the waters referred to in regulation 2(2) which may

contain substances within List I to which emission standards are

applicable.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or with any order lawfully given in terms

of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37) but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75) or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf involved in the

implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of the

permit issued by the Police and the confiscation of the corpus

delicti.

(1) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings, in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

The Annex to these regulations is being published in the

English language with the English text of these regulations.

POLLUTION CAUSED BY CERTAIN AQUATIC DANGEROUS SUB-

STANCES DISCHARGED INTO THE AQUATIC ENVIRONMENT

ANNEX

List I of families and groups of substances

List I contains certain individual substances which belong to the following

families and groups of substances, selected mainly on the basis of their toxicity,

persistence and bioaccumulation, with the exception of those which are biologically

harmless or which are rapidly converted into substances which are biologically

harmless

1. organohalogen compounds and substances which may form such compounds

in the aquatic environment.

2. organophosphorus compounds.

3. organotin compounds.

4. substances in respect of which it has been proved that they possess

carcinogenic properties in or via the aquatic environment.

5. mercury and its compounds.

6. cadmium and its compounds.

7. persistent mineral oils and hydrocarbons of petroleum origin.

8. persistent synthetic substances which may float, remain in suspension or

sink and which may interfere with any use of the waters.

List II of families and groups of substances

List II contains

(a) substances belonging to the families and groups of substances in List I

for which the limit values referred to in regulation 7 have not been

determined;

(b) certain individual substances and categories of substances belonging to

the families and groups of substances listed below;

and which have a deleterious effect on the aquatic environment, which can, however,

be confined to a given area and which depend on the characteristics and location of

the water into which they are discharged.

Families and groups of substances referred to in the second indent

1. The following metalloids and metals and their compounds

1. zinc

6. selenium

11. tin

vanadium

2. copper

7. arsenic

12. barium

cobalt

3. nickel

8. antimony

13. beryllium

thallium

4. chromium

9. molybdenum

14. boron

tellurium

5. lead

10. titanium

15. uranium

silver

2. Biocides and their derivatives not appearing in List I.

3. Substances which have a deleterious effect on the taste and, or smell of the

products for human consumption derived from the aquatic environment, and

compounds liable to give rise to such substances in water.

4. Toxic or persistent organic compounds of silicon, and substances which may

give rise to such compounds in water, excluding those which are biologically

harmless or are rapidly converted in water into harmless substances.

POLLUTION CAUSED BY CERTAIN AQUATIC DANGEROUS SUB-

STANCES DISCHARGED INTO THE AQUATIC ENVIRONMENT

5. Inorganic compounds of phosphorus and elemental phosphorus.

6. Non persistent mineral oils and hydrocarbons of petroleum origin.

7. Cyanides, fluorides.

8. Substances which have an adverse effect on the oxygen balance,

particularly: ammonia and nitrites.

Statement on regulation 8

The provisions of these regulations shall mutatis mutandis apply to the discharge

of waste water into the open sea by means of pipelines.