LIMIT VALUES AND QUALITY OBJECTIVES FOR CADMIUM DISCHARGES REGULATIONS

SUBSIDIARY LEGISLATION 549.15

LIMIT VALUES AND QUALITY OBJECTIVES

FOR CADMIUM DISCHARGES REGULATIONS

1st March, 2002

LEGAL NOTICE 221 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 Cadmium Discharges Regulations.

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

context otherwise requires

"cadmium" means

(a) the chemical element cadmium;

(b) the cadmium contained in any of its compounds

"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 cadmium" means any industrial process involving

the use or production of cadmium, or any other process in which

the presence of cadmium is inherent;

"industrial plant" means any plant at which cadmium or any

substance containing cadmium is handled;

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

"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 cadmium-processing

capacity has been substantially increased after 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,

with the exception of groundwater.

(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 I hereof.

(2)

The limit values shall normally apply at the point where

waste waters containing cadmium leave the industrial plant. When

waste waters containing cadmium are treated outside the industrial

plant at a treatment plant intended for the removal of cadmium, the

competent authority may permit the limit values to be applied at the

point where the waste waters leave the treatment plant.

(3) The authorizations referred to 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. Authorizations shall be reviewed at least

every four years.

(4) 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 authorizations 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

distortion of competition.

(5) The reference method of analysis to be used in determining

the presence of cadmium is given in Annex III (1). Other methods

may be used 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).

The competent authority shall be responsible for

m o n i t o r i n g t h e aq 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. In the case of discharges affecting the waters of other

states, the competent authority shall cooperate with other

competent authorities in Malta and abroad with a view to

harmonizing monitoring procedures.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply 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.

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 obtaining 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.

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 fixed for compliance with these values

and monitoring procedures to be applied to discharges

1. Limit values and time limits

Industrial sector

Unit of measurement

Limit values which shall be

complied with

on the entry three years after

into force of

the entry into

these

force of these

regulations

regulations

1. Zinc mining, lead and zinc Milligrams of cadmium 0,3

0,2

refining, cadmium metal and per litre of discharge

non-ferrous metal industry

2. Manufacture of cadmium Milligrams of cadmium 0,5

0,2

compounds

per litre of discharge

G r a m s o f c a d m i u m 0,5

discharged per kilogram

of cadmium handled

3. Manufacture of pigments

Milligrams of cadmium 0,5

0,2

per litre of discharge

G r a m s o f c a d m i u m 0,3

discharged per kilogram

of cadmium handled

4. Manufacture of stabilizers Milligrams of cadmium 0,5

0,2

per litre of discharge

G r a m s o f c a d m i u m 0,5

discharged per kilogram

of cadmium handled

5. Manufacture of primary and Milligrams of cadmium 0,5

0,2

secondary batteries

per litre of discharge

G r a m s o f c a d m i u m 1,5

discharged per kilogram

of cadmium handled

6. Electroplating

Milligrams of cadmium 0,5

0,2

per litre of discharge

G r a m s o f c a d m i u m 0,3

discharged per kilogram

of cadmium handled

7. Manufacture of phosphoric

acid or phosphatic fertilizer

from phosphatic rock

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

exceeded are given in the above table for the industrial sectors in articles 2, 3, 4, 5

and 6. 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 cadmium handled. However, because the concentration of cadmium

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 cadmium

discharged in relation to the quantity of cadmium handled, given in the above table

shall be complied with in all cases.

3. The daily average limit values shall be 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 frxed 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 the

quantity of cadmium handled. Should the quantity of cadmium handled be

impossible to determine, the monitoring procedure may be based on the quantity of

cadmium 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 cadmium discharged over a month shall be calculated on the

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

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

discharge more than 10 kg of cadmium per annum. In the case of industrial

electroplating plants, a simplified monitoring procedure may only be instituted if the

total volume ofthe electroplating tanks is less than 1,5 m 3 .

ANNEX II

Quality objectives

(Revoked by Legal Notice 24 of 2011)

ANNEX III

Reference methods of measurement

1. The reference method of analysis used for determining the cadmium content

of waters, sediments and shellfish is atomic absorption spectrophotometry after

preservation and suitable treatment of the sample.

The limits of detection shall be such that the cadmium concentration can be

measured to an accuracy of ± 30% and a precision of ± 30% at the following

concentrations

(a) in the case of discharges, one-tenth of the maximum permitted

concentration of cadmium specified in the authorization,

(b) in the case of surface water, 0,1 µg/litre or one-tenth of the cadmium

concentration specified in the quality objective, whichever is the

greater,

(c) in the case of shellfish, 0,1 mg/kg, wet weight,

(d) in the case of sediments, one-tenth of the cadmium concentration in the

sample or 0,1 mg/kg, dry weight, with drying being carried out between

105 and 110ºC at constant weight, whichever value is the greater.

2. Flow measurement shall be carried out to an accuracy of ± 20%.

ANNEX IV

Monitoring procedure for quality objectives

1. For each authorization granted in pursuance of these regulations, the

competent authority shall specify the restrictions, 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 sufficient to show any changes in the aquatic environment, taking into

account, in particular, natural variations in the hydrological regime.