LIMIT VALUES AND QUALITY OBJECTIVES FOR MERCURY DISCHARGES BY SECTORS OTHER THAN THE CHLOR-ALKALI ELECTROLYSIS

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

SUBSIDIARY LEGISLATION 549.13

LIMIT VALUES AND QUALITY OBJECTIVES FOR

MERCURY DISCHARGES BY SECTORS OTHER

THAN THE CHLOR-ALKALI ELECTROLYSIS

INDUSTRY REGULATIONS

1st March, 2002

LEGAL NOTICE 219 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 Mercury Discharges by Sectors other than

the Chlor-Alkali Electrolysis Industry 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 of these regulations;

"handling of mercury" means any industrial process involving

the production or use of mercury, or any other industrial process in

which the presence of mercury is inherent;

"industrial plant" means a plant at which mercury or any

substance containing mercury is handled, with the exception of an

industrial plant in which alkali chlorides are electrolyzed by means

of mercury cells;

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

"mercury" means

(a) the chemical element mercury;

(b) the mercury contained in any of its compounds;

"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 mercury-handling

capacity has been substantially increased since the

date of entry into force of these regulations.

(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.

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

(1) The limit values, the time limits by which they shall be

complied with and the monitoring procedure for discharges are laid

down in Annex.

(2) Any person who operates an industrial plant shall ensure

that when waste waters containing mercury leave the industrial

plant, the limit values do not exceed such as may have been

established

Provided that when waste waters containing mercury are

treated outside the industrial plant at a treatment plant intended for

the removal of mercury, the competent authority may permit the

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

the treatment plant.

(3) Without prejudice to their obligations arising from

subregulations (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 a permit 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 Pollution Caused by Certain Dangerous

Substances Discharged into the Aquatic Environment Regulations,

or for the prevention of distortion of competition.

(4) The reference method of analysis to be used by the

competent authority in determining the presence of mercury, shall

be that given in Annex III (1) to of the Limit Values and Quality

Objectives for Mercury Discharges by the Chlor-alkali Electrolysis

Industry Regul ations. The competent authority may, where

appropriate, use 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) to of the Limit Values and

Quality Objectives for Mercury Discharges by the Chlor-alkali

Electrolysis Industry Regulations. The accuracy required in the

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

regulations.

(1) The competent authority shall draw up specific

programmes for mercury discharges by multiple sources which are

not industrial plants and for which the emission standards laid

down in regulation 3 cannot be applied in practice.

(2) The purpose of these programmes shall be to avoid or

eliminate pollution. The competent authority shall in these

programmes include the most appropriate measures and techniques

for the replacement, retention and recycling of mercury.

(1) The competent authority shall be responsible for

m o n i t o r i n g t h e a q u a t i c e n v i r o n m e n t a ff e c t e d b y i n d u s t r i a l

discharges.

(2) In the case of discharges affecting the waters of other

States, the competent authority shall cooperate with such other

States with a view to harmonizing monitoring procedures.

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

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 provisions 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

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

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.

The Annex to these regulations is being published in the

English language with the English text of these regulations.

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

ANNEX

Limit values, time limits by which they must be complied with,

and the procedure for monitoring discharges

1. The limit values and the time limits for the industrial sectors concerned are

set out together in the table below

Industrial sector 1

Limit value which shall be

Unit of measurement

complied with

on the date of

three years

entry into

after the entry

force of these into force of

regulations

these

regulations

1. Chemical industries using 3

mercury catalysts

(a) in the production of vinyl 0,1

0,05

mg/l effluent

chloride

0,2

0,1

vinyl chloride production

capacity

(b) in other processes

0,1

0,05

mg/l effluent

g/kg mercury processed

2. Manufacture of mercury 0,1

0,05

mg/l effluent

catalysts used in the production 0,1

0,7

g/kg mercury processed

of vinyl chloride

3. Manufacture of organic and 0,1

0,05

mg/l effluent

non-organic

m e r c u r y 0,1

0,05

g/kg mercury processed

compounds (except for products

referred to in point 2)

4. Manufacture of primary 0,1

0,05

mg/l effluent

batteries containing mercury

0,05

0,03

g/kg mercury processed

5. Non-ferrous metal industry 2

5.1 Mercury recovery plants

0,1

0,05

mg/l effluent

5.2 Extraction and refining of

non-ferrous metals

0,1

0,05

mg/l effluent

6. Plants for the treatment of 0,1

0,05

mg/l effluent

toxic wastes containing mercury

1 Limit values for industrial sectors other than the chlor-alkali electrolysis industry which are not

mentioned in this table, such as the paper and steel industries or coal-fired power stations, shall, if

necessary, be fixed by the Council at a later stage. In the meantime, the competent authority shall fix

emission standards for mercury discharges autonomously in accordance with the Pollution Caused by

Certain Dangerous Substances Discharged into the Aquatic Environment Regulations. Such standards

shall take into account the best technical means available and shall not be less stringent than the most

nearly comparable limit value in this Annex.

2 On the basis of experience gained in the implementation of these regulations the Commission shall,

pursuant to regulation 6(2), submit to the Council proposals for more stringent limit values.

1. The limit values given in the table correspond to a monthly average

concentration or to a maximum monthly load.

The amounts of mercury discharged are expressed as a function of the

amount of mercury used or handled by the industrial plant over the same period or as

a function of the installed vinyl chloride production capacity.

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

exceeded are given in the above table for the industrial sectors 1 to 4. In no instance

may limit values expressed as maximum concentrations be greater than those

expressed as maximum quantities divided by water requirements per kilogram of

THE CHLOR-ALKALI ELECTROLYSIS INDUSTRY

mercury handled or per tonne of installed vinyl chloride production capacity.

However, because the concentration of mercury in effluents depends on the

volume of water involved, which differs for different processes and plants, the limit

values, expressed in terms of the quantity of mercury discharged in relation to the

quantity of mercury handled or to the installed vinyl chloride production capacity,

given in the above table, shall be complied with in all cases.

3. The daily average limit values are twice the corresponding monthly average

limit values given in the 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 the

limit values laid down in this Annex.

This procedure shall provide for the taking and analysis of samples and for

measurement of the flow of the discharge and, where appropriate, the quantity of

mercury handled. Should the quantity of mercury handled be impossible to

determine, the monitoring procedure may be based on the quantity of mercury that

may be used in the light of the production capacity 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 mercury discharged over a month shall be calculated on the

basis of the daily quantities of mercury discharged. However, a simplified

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

discharge more than 7,5 kilograms of mercury per annum.