LIMIT VALUES AND QUALITY OBJECTIVES FOR HEXACHLOROCYCLOHEXANE DISCHARGES REGULATIONS

SUBSIDIARY LEGISLATION 549.12

LIMIT VALUES AND QUALITY OBJECTIVES

FOR HEXACHLOROCYCLOHEXANE

DISCHARGES REGULATIONS

1st March, 2002

LEGAL NOTICE 218 of 2001, as amended by Legal Notices 426 of 2007

and 24 of 2011.

The title of these regulations is the Limit Values and

Quality Objectives for He xachlorocyclohexan e Discha rg es

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;

"existing plant" means an industrial plant which is operational on

the date of entry into force these regulations;

"extraction of lindane" means the separation of lindane from a

mixture of hexachlorocyclohexane isomers;

"HCH" means the isomers of 1, 2, 3, 4, 5, 6-

hexachlorocyclohexane;

"industrial plant" means any plant at which HCH or any other

substance containing HCH is treated;

"limit values" means the limit values specified in Annex I;

"lindane" means a product containing at least 99% of the g-

isomer of 1, 2, 3, 4, 5, 6-hexachlorocyclohexane;

"new plant" means

(a) an industrial plant which has become operational after

the date of entry into force of these regulations;

(b) an existing industrial plant whose capacity for the

production or treatment of HCH has been substantially

increased after the date of entry into force of these

regulations;

"treatment of HCH" means any industrial process involving the

production or use of HCH, or any other industrial process in which

the presence of HCH is inherent.

(2) These regulations apply to the waters referred to in

regulation 2(2) of the Pollution Caused by Certain Dangerous

Substances Discharged into the Aquatic Environment Regulations,

with the exception of groundwater.

(1) The limit values, the time limits for compliance

complied with and the monitoring procedure for discharges are laid

down in Annex I.

(2) The operator shall conduct effluent analysis on a regular

basis, as determined by the competent authority and shall submit

the results of the analysis to the competent authority.

(3) The competent authority shall require that the limit values

shall apply at the point where waste waters containing HCH leave

the industrial plant

Provided that if waste waters containing HCH are treated

outside the industrial plant at a treatment plant, intended for the

removal of HCH, the competent authority may pernit the limit

values to be applied at the point where the waste waters leave the

treatment plant.

(4) The licences or permits issued by the competent authority

as provided for in regulation 4 of the Pollution Caused by Certain

Dangerous Substances Discharged into the Aquatic Environment

Regulations shall contain provisions at least as stringent as those in

Annex I to these regulations, except where the competent authority

is complying with regulation 7(3) of the Pollution Caused by

Certain Dangerous Substances Discharged into the Aquatic

Environment Regulations on the basis of Annex IV to these

regulations

Provided that the competent authority shall review licences

or permits at least every four years.

(5) Without prejudice to their obligations arising from sub-

regulations (1), (2) and (3) and to the provisions of the Pollution

Caused by Certain Dangerous Substances Discharged into the

Aquatic Environment Regulations, the competent authority may

grant licences or permits for new plants only if those plants apply

the standards corresponding to the best technical means available

when this is necessary for the elimination of pollution in

accordance with regulation 3 of the said regulations or for the

prevention of distortions of competition.

(6) The competent authority shall use or order the use of the

reference method of analysis to be used in determining the presence

of HCH as given in Annex III (1)

Provided that the competent authority may use or allow the

use, where appropriate, of other methods provided that the limits of

detection, precision and accuracy of such methods are at least as

good as those laid down in Annex III (1). The accuracy required in

the measurement of effluent flow is given in Annex III (2).

(7) The competent authority shall ensure that the measures

taken pursuant to these regulations do not result in an increase in

HCH pollution in other media, notably air and soil.

The competent authority shall be responsible for the

monitoring of the aquatic environment affected by industrial

discharges

Provided that for the competent authority to ensure that the

monitoring of the aquatic environment affected by industrial

discharges is carried out, it shall have the right to collect and

an aly se samples from th e effluent and order analy sis to be

conducted as it deems appropriate.

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

Criminal Code, proceedings for an offence against these

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.

Annexes I to IV to these regulations are being published in

the English Language with the English text of these regulations.

ANNEX I

LIMIT VALUES, TIME LIMITS FOR COMPLIANCE WITH THESE VALUES

AND PROCEDURE FOR MONITORING DISCHARGES

1. Limit values and time limits

Industrial sector 1

Limit values 2 to be complied

Unit of measurement

with

on the date of

three years

entry into force after the entry

of these

into force of

regulations

these

regulations

1. Plant for the production grams of HCH per tonne of 3

HCH produced 3

of HCH

milligrams of HCH per litre

discharge 4

2. Plant for the extraction of grams of HCH per tonne of 15

HCH treated 5

lindane

milligrams of HCH per litre

discharged 6

Plant where the production grams of HCH per tonne of 16

of HCH and extraction of HCH treated 7

lindane is carried out

milligrams of HCH per litre

discharged

2. Limit values expressed as concentrations which in principle shall not be

exceeded are given in the above table. In no instance may limit values expressed as

maximum concentrations be greater than limit values expressed by weight divided

by water requirements per tonne of HCH produced or treated.

The limit values by weight given in the above table, expressed in terms of the

quantity of HCH discharged in relation to the quantity of HCH produced or treated,

shall be complied with in all cases.

3. The daily average limit values are, when monitored in accordance with the

provisions in points 4 and 5 below, twice the corresponding monthly average limit

values given in the above table.

4. A monitoring procedure shall be instituted to check whether the discharges

comply with the emission standards which have been fixed in accordance with these

regulations. This procedure must provide for the taking and analysis of samples and

for measurement of the blow of the discharge and the quantity of HCH produced or

treated. Should the quantity of HCH produced or treated be impossible to determine,

the monitoring procedure may, at most, be based on the quantity of HCH likely to be

produced or treated during the period in question, taking into account the production

plants in operation, and within the limits on which the authorization was based.

5. A sample representative of the discharge over a period of 24 hours shall be

taken. The quantity of HCH discharged over a month shall be calculated on the basis

of the daily quantities of HCH discharged. However, a simplified monitoring

procedure may be instituted in the case of industrial plants which do not discharge

more than 3 kg of HCH per annum.

1. The limit values in the table also include any discharges resulting from lindane formulation on the

same site. The European Union Council shall, as necessary, determine limit values and appropriate

measures later for industrial sectors treating HCH which are not mentioned in dus table, and in particular

for industrial plants for lindane formulation producing protective agents for plants, wood and cables.

Meanwlule, the competent authority shall independently fix emission standards for the discharges from

such plants, taking into account the best technical means available.

2. Limit values applicable to the total quantity of HCH present in all discharges of water containing

HCH coming from the site of the industrial plant.

3. Limit values by weight (monthly average).

4. Limit values by concentration (monthly flow-weighted average concentration of HCH).

5. Limit values by weight (monthly average).

6. Limit values by concentration (monthly flow-weighted average concentration of HCH).

7. Limit values by weight (monthly average).

ANNEX II

QUALITY OBJECTIVES

(Revoked by Legal Notice 24 of 2011)

ANNEX III

METHODS OF MEASUREMENT

1. The reference method of analysis for determining the concentration of the

substances in question in discharges and in waters shall be gas chromatography with

electron capture detection after extraction by means of an appropriate solvent and

purification.

The accuracy 11 and precision 12 of the method shall be ± 50% at a concentration

which represents twice the value of the limit of detection.

The limit of detection 13 shall be

(a) in the case of discharges, one-tenth of the concentration required at the

point of sampling;

(b) in the case of waters subject to a quality objective

(i)

for inland surface waters, one-tenth of the concentration indicated

in the quality objective;

(ii) for estuary waters and territorial sea waters, one-fifth of the

concentration indicated in the quality objective;

(c) in the case of sediments, 1 µg/kg, dry weight;

(d) in the case of living organisms, 1 µg/kg, wet weight.

2. Effluent flow measurements shall be carried out to an accuracy of ± 20%.

The definition of this term is given in the Methods of Measurement and Frequencies of Sampling

and Analysis of Surface Water intended for the Abstraction of Drinking Water Regulations (Directive 79/

869/EEC of 9 October 1979 OJ No L 271. 29. 10. 1979). p. 44).

12. Ibid.

Ibid.

ANNEX IV

PROCEDURE FOR MONITORING QUALITY OBJECTIVES

1. For each authorization granted pursuant to these regulations, the competent

authority shall specify the detailed rules monitoring procedure and time limits for

ensuring compliance with the quality objective(s) concerned.

2. In accordance with regulation 7(3) of the Pollution Caused by Certain

Dangerous Substances Discharged into the Aquatic Environment Regulations, the

competent authority shall, for each quality objective chosen and applied, report to

the Commission on

(a) the points of discharge and the means of dispersal;

(b) the area in which the quality objective is applied;

(c) the location of sampling points;

(d) the frequency of sampling;

(e) the methods of sampling and measurement;

(f)

the results obtained.

3. Samples shall be sufficiently representative of the quality of the aquatic

environment in the area affected by the discharges, and the frequency of sampling

shall be suffcient to show any changes in the aquatic environment, having regard in

particular to natural variations in the water regime.