Decree No. 283 of 1962 on Precautionary Measures for the Protection of Water

No. 283 DECREE ON PRECAUTIONARY MEASURES FOR THE PROTECTION OF WATER April 6, 1962 Section 1 (27.6.1980/499) No industrial or comparable facility may release or conduct into the groundwater or water system such proportions or quantities of environmentally hazardous substances as will result in pollution of the water. The hazardous substances referred to above in para graph 1 includi= 1) radioactive substances; 2) 1,l,l-trichlorine-2,2 bis (chlorophenyl)-ethane and the polychlorinated phenyls and their derivatives; 3) mercury and cadmium and their compounds; 4) hydrocyanic acid and its salts, apart from soluble salts, and acrylonitrile and cyanochloride; 5) arsenic, chromium (valency six), lead, nickel, selenium, uranium and thallium, and their compounds; 6) polyhalogenated phenols and other phenol derivatives with equally hazardous impact on the water system; 7) nitrobenzene and nitrosoamine: and 8) a substance and product containing a pesticide declared toxic under the current regulations or the toxic active component in a wood protectant, or textile or paper product impregnation agent and preservative. The National Board of Waters and the Environment shall revise the list given in paragraph 2 every second year and if necessary propose an amendment of the Decree. Section 2 (27 .6.1980/499) The owner of a facility which deals with the environ mentally hazardous substances referred to in paragraph 1 shall in good time, though not less than six months before starting to build the facility, notify the National Board of Waters and the Environment about its operations. If the matter concerns the conversion of a ready-built facility, the notification must be made at least three months before the conversion work begins. The notification shall include: 1) information on the owner and location of the facility; 2) information on the environmentally hazardous substance, the quantity concerned and an assessment of the substance's impact in water; 3) a plan for measures to prevent water pollution; 4) a plan for monitoring the waste waters and their impact; 5) information on the date on which the facility is ~nnnnsed to be nut into service. Section 2a (27.6.1980/499) Having studied the notification referred to in section 2, hough not later than three months after its arrival, the National 3oard of Waters and the Environment shall inform the person naking the notification whether it considers the assessment of he substance's impact in water and the measures to prevent IVater pollution adequate, and if not, ask the person making the lotification to revise or supplement it. If the facility referred lo in section 2 is in some respect he type of facility referred to in section 3, what is laid down in 1ection 3, paragraphs 2 and 3, and sections 5 to 8 shall apply IVith respect to the notification and its handling. Section 3 For the plants and facilities listed below, should the >rovisions of section l not be applied to them, a notification 1hall be made to the water and environment district office in he relevant water and environment district in good time, hough not less than three months befote construction work on hem begins (26.6.1970/429): 1) mine, enrichment plant; 2) iron, steel and aluminium plant; 3) metal plant with mordanting unit; 4) galvanising and nickel-plating plant; 5) chemical pulp mill, groundwood mill and paper, cardboard, cartonboard and fibreboard mill; 6) artificial fibre plant; 7) wood carbonizing plant, peat distillery, gas works and steam power plant; 8) wood impregnation plant; 9) debarking plant using water; 10) dairy and powdered milk plant and ice-cream plant; 11) slaughterhouse; 12) pig fann with over 100 animals; 13) beet i;ugar plant, and sugar plant and refinery; 14) fish, meat, vegetable, root vegetable, fruit and berry canning plant, and fish-meal an<il fish-oil plant; 15) margarine plant and plant making edible oil; 16) brewery, malt house and soft drinks plant; 17) starch plant, potato flour plant and other comparable plant; 18) yeast plant, alcohol plant and other fermentation plant; 19) pharmaceuticals plant, but not a packaging plant; 20) flax and hemp soaking plant; 21) textile bleaching plant and dyeing unit; 22) wool washing plm1t; 23) tannery; 0 ' 24) bonemeal plant, glue plant; 25) a plant dealing with animal waste; 26) gunpowder and explosive plant; 27) fertilizer plant; 28) a plant making plant protectants, pesticides and insecticides or plant hormones; 29) chloride of lime plant, and chlorine and alkaline plant; 30) detergent plant and soap plant; 31) oil refinery; 32) store for combustible liquid which could hold over 100,000 litres of such liquid; 33) plant making plastic raw materials; 34) plant or other facility from which phenol-bearing substances could get into the water system or groundwater; 35) cement plant; 36) laundry with a capacity of over 500 kilos a day ( 16.3 .1979/309); 37) hospital (16.3.1979/309); and 38) refuse dump and waste handling plant (16.3.1979/ 309). The notification referred to above in paragraph 1 shall likewise be made when embarking upon a measure resulting in a substantial increase in the amount of waste water or other water-polluting substance or a substantial change in its composition or manner of disposal. It is, however, not necessary to make the notification laid down in this section if the plant or facility has applied for a permit to conduct waste water referred to in chapter 10, section 24, of the Water Act. Section 4 Waste water may not be conducted into the water system or ground through a sewer used by more than 200 persons, or from a barracks, hotel or comparable facility taking at least 200 persons, before a notification to this effect has been made to the relevant water and environment committee. Section 5 The notification requirement referred to above in sections 2, 3 and 4 does not apply to a facility, plant or sewer in a city or township area covered by a town plan, from which waste water is conducted into the public sewer. Section 6 A plan for conducting and treating the waste water or other water-polluting substance, with the necessary explana tions, shall be attached to the notifications referred to in sections 3 and 4. The notifications shall be made on forms approved by the National Board of Waters and the Environ ment. (26.6.1970/429) On receiving the notification referred to in section 4, the water and environment committee shall without delay pass it on, together with its own comments, to the water and environ ment district office in the relevant water and environment district, which shall send it to the National Board of Waters and the Environment, with its comments. The water and environment district office shall follow the same procedure for a notification received by it under section 3. (26.6.1970/429) The water and environment committee shall keep a register of the notifications referred to in section 4. Section 7 The plan referred to in section 6, paragraph 1, shall include information on the waste water or other waste to be conducted and on the amount, treatment method used and other measures planned to reduce or prevent water pollution, and, when the waste water is to be conducted into the water system, an account of this system. Section 8 (26.6.1970/429) The National Board of Waters and the Environment shall examine a notification received by it in accordance with section 6, and the attached plan. The person making the notification is required as needed to provide the National Board of Waters and the Environment with any supplementary information and explanations that the latter finds necessary. If the matter concerns waste water to be conducted from a hospital and also in other cases, should grounds be considered to exist, the National Board of Waters and the Environment may obtain an opinion from the National Board of Health. If the National Board of Waters and the Environment considers that conducting waste water from the plant or facility concerned according to the plan submitted will cause water pollution, it shall, having made any enquiries needed to clarify the matter, immediately request the owner to revise or supplement said plan in the necessary respects or, if the matter concerns the conducting of waste water or some other measure for which a water court permit must be applied for according to the provisions of chapter 10, section 24, of the Water Act, to apply for this permit in the manner laid down in said Act. Similarly, the National Board of Waters and the Environment shall state what changes, additions or other measures it considers necessary vis-a-vis the way the project is carried out if it is to be possible to grant, in the opinion of the National Board of Waters and the Environment the permit to conduct waste water applied for. Section 9 When the owner of a plant, facility or sewer fails to meet his obligations under this Decree, he shall be punished by fine, unless said omission is oply,,minor. This Decree takes effect on April 1, 1962.