Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002

NATURAL RESOURCES CONSERVATION AUTHORITY THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT REGULATIONS (under section 38) THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 (Made by the Minister on the 18th day of December, 2002) PART I-Preliminary 66.01 L.N. 149A/2002 1. These Regulations may be cited as the Natural Resources (Hazardous citation. Waste) (Control of Transboundary Movement) Regulations, 2002. 2. In these Regulations- Intmpremlion. "area under the jurisdiction of a state other than Jamaica" means ( a) any land, marine area or airspace within which the State exercises administrative and regulatory responsibility in accordance with international law in regard to the protection of human health or the environment; and (b) any ship or aircraft registered in that State; "area under the jurisdiction of Jamaica" includes ( a) the airspace over Jamaica; (b) the internal waters of Jamaica as specified in section 4 of the Maritime Areas Act; the archipelagic waters of Jamaica as specified in section 5 of that Act and the territorial sea of Jamaica as specified in section 12 of that Act; (c) the Exclusive Economic Z.One established under section 3 of the Exclusive Economic Z.One Act; "competent authority'' in relation to a Convention State means the government authority responsible, within such geographical areas as the Convention State thinks fit, for (a) the control of transboundary movements of hazardous waste in that State; (The inclusion of this pap ia audiorized by LN. 135/2003 I 66.02 Fourllt Scbedule. 8-11111 Scbedulo. THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 (b) receiving notification for the control of trans boundary movements of hazardous waste in that State and any information related to it; and (c) responding to the notification required under Article 6 of the Convention; "Convention'' means the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal signed at Basel, Switzerland on March 22, 1989, as in effect in relation to Jamaica; "Convention State" means a State party to the Convention; "current rate of exchange" in relation to the payment of any fee, means the weighted average selling rate of the currency of the United States of America as determined by the Bank of Jamaica on the day of payment of the fee; "dispose" in relation to hazardous waste, includes the carrying out of any of the operations specified in the Fourth Schedule; "environmentally sound" in relation to the management of hazardous waste, means management in a manner which protects or will protect human health and the environment against the adverse effect of such waste; "exporter'' means a person under the jurisdiction of an exporting State who arranges for the export or re-export of hazardous waste; "exporting State" means a Convention State from which a trans boundary movement of hazardous waste is exported or planned to be exported; "hazardous waste" means (a) waste that belongs to any category contained in the First Schedule, unless it does not possess any of the characteristics specifiec:l in the Third Schedule; (b) waste which belongs to any category contained in the Second Schedule; and (c) such waste as the Minister may, by order, declare to be hazardous waste; "importer' means a person under the jurisdiction of an importing State who arranges for the import of hazardous waste into that State; "importing State" means a Convention State to which a transboundary movement of hamdous waste is planned or takes plac:e for the pwpose of disposal therein or for the purpose of loading prior to disposal in any an,a not. under the jurisdiction ·or 8IJY State; {The inclusion of dlia page ia authorized by L.N. 135/2003 ] THE NA1VRAL RJ;:SOURCES(HAZARDOUS WASTE)(CONTROLOF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 "in transit'' includes any occasion on which hazardous waste remains on board an aircraft, ship or other form of transport and is in the process of movement to a named importer; "Jamaica" has the same meaning as in the Jamaica Independence Act; "management" in relation to haz.ardous waste, means (a) the handling, collection, packaging, storage, storage for transport, transport, treatment or final disposal of the waste; and · (b) the after-care of disposal sites, including the post closure monitoring of ~uch sites; "permit holder" means any person to whom a pennit has been granted under these Regulations; "State concerned" means any importing State, exporting State or transit State whose territory is involved in a transboundaty movement of haz.ardous waste; "territorial sea" has the same meaning as under the Maritime Areas Act; "transboundaty movement" in relation to haz.ardous waste means any movement of the waste from an area under the jurisdiction of one State to or through an area (a) under the jurisdiction of another State; or (b) Rot under the jurisdiction of any State, provided that at least two States are involved in the movement; "transit" in relation to hazardous waste, means the continuous passage through an area under the jurisdiction of a State without regard to any temporary storage incidental to transport; "transit State" means any State, other than the exporting State or importing State, through which a transboundaty movement of haz.ardous waste is planned to take place without the waste being disposed of or recycled; "wastes" includes any material, substance or object, or its residue or by-product, which ( a) is rejected, discarded or abandoned; or ( b) is disposed of or is intended to be disposed of or is required to be disposed of in accordance with these Regulations. 3. These Regulations shall not apply to [The inclusion of this page is authorized by L.N. 135/2003 ] 66.03 Application of RegulatiOl15. 66.04 .AppoinllDenl ofiltlpec:t<Jn. lmpodation of i-doua Mite prohibited. 11lE NATURAL RESOURCES (HAZARDOUS WASm) (CONTROL OF TRA.NSBOUNDARY MOVEMENT). REGULATIONS, 2002 (a) radioactive wastes which are subject to other international control system, including international instrumems, applying specifically to radioactive materials; and (b) wastes which derive from the nonnal operations of a ship, the discharge of which is covered by the Shipping Act or any international instrument in effect in relation to Jamaica. PART JJ.-Jnspection of Hazardous Waste 4.-(1) The Authority may, from time to time, appoint as inspectors for the purpose of these Regulations, public officers or other persons who, by training and experience, are, in its opinion, qualified to be so appointed. (2) The Authority shall issue each inspector with an identification card and the inspector shall, on entering any place for the purpose of carrying into effect any of the functions specified in regulation 5, produce the identification card to the person in charge thereof. (3) The appointment of any person as an inspector shall be published in the Gazette. 5. An inspector shall . (a) inspect consignments of hazardous waste in order to ensure compliance with (i) the provisions of the Act and these Regulations; (ii) any condition subject to which a permit is granted; or (iii) the requirements of any other law pertaining to the transport and management of hazardous waste; (b) keep such records, as may be specified by the Authority; (c) report generally to the Authority at such times and in such manner as the Authority may determine; and (d) perform such other functions as may be authorized by the Authority for the purposes of these Regulations. PART IJJ.-Control of Inward Movement of Hazardous Waste 6.-(1) Subject to paragraph (2) and section 17(2) of the Maritime Areas Act, no person shall import hazardous waste into any area under the jurisdiction of Jamaica. (2) A person from a Convention State, or a State with which there exists an agreement or arrangement for the transboundmy movement of hazardous waste between Jamaica and that State, may move hazardous waste through an area under the jurisdiction of Jamaica only in accordance with [The inclusion of this page is authorized by L.N. 135/2003 ) THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 the provisions of these Regulations. 7. -(l) Every person from a Convention State who proposes to move ba:zardous waste through an area under the jurisdiction of Jamaica (whether the vessel carrying such hazardous waste is transiting Jamaica or is in transit in Jamaica) shall, at least ninety days before the ~mmencement of the movement through that area, apply to the Authority for a transit pennit. (2) An application for a transit pennit shall be made to the Authority in English in the form set out as Fonn 1 in the Fifth Schedule and shall be accompanied by (a) an appropriate notification, in the form set out as Fonn 2 in the Fifth Schedule; ( b) an appropriate document tracing the proposed . trans boundary movement of the waste from the point at which the movement commences to the point of disposal in the form set out as Form 3 in the Fifth Schedule; (c) such additional information or document as the Authority may require; and (d) an application fee of US$15O or the equivalent amount in Jamaican currency at the current rate of exchange. (3) Every holder of a transit permit shall, not less than three days before the arrival of the consignment to which the pennit relates in any area under the jurisdiction of Jamaica, confirm the arrival to the Authority, in such manner as the Authority may approve. PART IV-Export of Hazardous Waste 8. Subject to regulation 9, no person shall export hazardous waste except in accordance with a special export pennit or a general export permit granted by the Authority under regulation 11. 9.-(1) Every person who proposes to export hazardous waste~. not later than one hundred and twenty days before the proposed date of export, apply to the Authority for a special export pennit or a general . export pennit. (2) Every application under paragraph (l) shall be made in English to the Authority in the form set out as Form 4 in the F'.ifth Schedule and shall be accompanied by (a) an appropriate notification in the f0rm set out as Form 2 in the Fifth Schedule; ( b) an application fee of two thousand five hundred dollars; and [The inclusion of this page is authorized by L.N. 13512003 J 66.05 Transit tbrough Jamaica. FiOh Schedule. Form I. Foan2. Form 3. R.ea1riction onexpGllof hmrdous waste. Form of export application. Form 4. Form 2. 66.06 AulllOlilyto ~of pn,p,oed llqMllt. Pillh Sabodale. Fann 3. Fann$. Fann 6. 11/E NATURAL RESOURCF.S(!{AZARDOUS WASm}(CONTROLOF TRANSBOUNDARY MOVEMENT) REGULATIONS. 2002 (c) such additional information or document as the Authority may require. (3) Upon..receipt of an am,licati.on under paragraph (1) the Authority shall cause an inspector appomted under regulation 4 to carry out an inspection of the ha7.ardous waste to which the application relates. ( 4) The inspector shall submit to the Authority a report in a form required by the Authority in respect of an mspection earned out under paragraph (3). 10. If, in relation to an application for an export permit, the Authority is satisfied that, subject to the receipt of the consent of any other State under regulation 13(l)(e), the application would be granted, the Authority shall, · within six weeks after receiving the application, in writing in a language acceptabie to the importing state, notify the competent authority of the States concerned in the form set out as Form 3 in the Fifth Schedule. PARTY-Grant or Refusal of Permits 11.-(1) Subject to regulation 13 and paragraph (2), the Authority may, in relation to an application under regulation 7 or 9 (a) grant the appropriate permit, subject to such tenns and conditions relating to the transport of ha7.ardous waste and such other tenns and conditions as it thinks fit, which shall be in the fonn set out as Form 5 or Form 6 in the Fifth Schedule, as the case may require; or (b) refuse to grant the pennit. (2) The Authority may, as it sees fit, refuse entry of any trans boundary movement of ha7.ardous waste from a Convention State through any area under the jurisdiction of Jamaica. (3) Where the Authority refuses to grant a permit, it shall inform the applicant by notice in writing (a) of the reasons for its decision; (b) of the right of appeal under section 35 of the Act; and ( c) that he may re-apply for a permit after the expiration of six months or such lesser period as may be determined by the Authority. (4) A notice under paragraph (3) shall be given to the applicant (a) in the case of an application for a transit permit, within sixty days of the date of receipt of the application; or [The inclusion of this page is authorized by L.N. 135/2003 J THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS. 2002 (b) in the case of an application for a special export pennit or a general export pennit, within six weeks of the date of receipt of the application. 12. A person shall, prior to the receipt of a pennit, pay to the Authority in respectof (a) a transit pennit, a fee of US$350 or an equivalent amount in Jamaican currency at the current rate of exchange; (b) a special export pennit, a fee of eight thousand dollars; or (c) a general export permit, a fee of sixteen thousand dollars. 13. -( 1) The Authority shall not grant an export pennit unless ( a) the applicant is from a Convention State; (b) it is satisfied that any transboundruy movement of the hazardous waste (i) is or will be reduced to the minimum, consistent with the environmentally sound and efficient management of such wastes; (ii) is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement; (c) it is satisfied that the waste will, during movement, be packaged, labelled and transported in conformity with generally accepted and recognized international rules and standards in relation to the packaging, labelling and transport of dangerous goods; (d) the waste will, from the time to export to the time of disposal, be accompanied by the appropriate movement document in the form set out as Form 3 in the Fifth Schedule; (e) it has been advised in writing by the competent authority of the importing State and transit State or States, if any, of their consent, in response to a notification under regulation 10, to the movement of the waste so, however, that the Authority may waive the requirement for consent to a notification under regulation 10, if (i) • a Convention State does not require prior written consent, either generally or under specific conditions, for the transit of transboundary movements of hazardous wastes, or modifies its requirements in this respect; or (ii) a transit State fails to respond within sixty days of the receipt of the notification by the transit State; ('fl,e inclusion of this page is authorized by L.N. 135/2003 ] 66.07 Permit fees. Pre conditions I0,8Illll!Of export pennit. Fifth Schedule. Fom,3. 66.08 TIIE NATURAL RESOURCES (HAZARDOUS WAS1E) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 (j) the importing State confinns the existence of a written contract for the environmentally sound management of the waste, between the proposed exporter and the person in the importing State who it is proposed will carry out the disposal of the waste: Provided that if the person is both exporter and importer there shall be a written arrangement between that person's representatives based in the exporting State and importing State, respectively; (g) there is adequate insurance coverage or an adequate bank guarantee, trust fund, bond, line of credit, escrow account, or such other form of security as it considers appropriate, to protect against any injury, loss or damage arising out of or in connection with the movement of the waste; (h) the movement of the waste will be carried out in accordance with such technical guidelines, not inconsistent with the Convention, as agreed by the States concerned; (i) the importing State is a Convention State, unless an agreement or arrangement exists between Jamaica and the State in question that stipulates provisions which are not less environmentally sound than those provided for in the Convention; (j) it is satisfied that Jamaica does not have the technical capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of the wastes in an environmentally sound and efficient manner; (k) the waste is not destined for disposal within the area south of 60° latitude, whether or not the waste is subject to transboundary movement; (/) the importing State has not prohibited the import of the waste and has notified the Authority to that effect; (m) the waste in question is required as raw material for recycling or recovery industries in the importing State; and (n) in all other aspects it would be appropriate to grant the permit to the applicant (2) The agreement referred to in paragraph (l)(i) is an international agreement which relates to the traosboundary movement of hazardous waste, ( the provisions of which, as regards the protection of the environment, are no less stringent than those made under the Convention. (3) For the purposes of this regulation, insmance shall oover (a) damage to third parties, environmental damage and other risks that might arise in relation to the hamdous waste comierned; and (b) such insurance as may ·be legally required in any State concerned with the movement of the waste. [The inclusion or this page is alllhorized by LN. 135/2003 J 'l'HE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF , TRANSBOUNDARY MOVEMEN'l) REGULATIONS, 2002 66.09 14.-(1) The categories of export pennit which may be granted under ~= this Part are- pennit. (a) a general export pennit which shall be valid for a period of one year or such lesser period as may be specified therein and entitles the holder of the pennit to export multiple consignments of· haz.ardous waste of the same physical and chemical characteristics regularly to the same disposer via the same customs office of exit Qfthe exporting State via the same customs office of entry of the tmporting State and in the case of transit, via the same customs office of entry and exit of the transiting State or States, during the period in accordance with the terms and condition set out in the pennit and with these Regulations;· and (b) a special export pennit which shall be valid for a period of one year and which entitles the holder of the pennit to carry out a single export of haz.ardous waste, to a specified disposer by way of a specified port in accordance with these Regulations. (2) Every pennit holder shall, at least thirty days before the export of hazardous waste, inform the Authority of the export. 15. The Authority may, at any reasonable time prior to the movement of ba7.ardous waste, by notice in writing to the pennit holder, vary the conditions subject to which a permit was granted. 16.-(1) Subject to paragraph (2), the Authority may (a) suspend a pennit. if it is satisfied that there has been a breach of any term or condition subject to which the pennit was granted; (b) revoke a pennit ifit is satisfied that (i) the pennit was obtained as a result of any misleading, false or fraudulent representation; (ii) the pennit holder has contravened the provisions of the Act or any regulation made thereunder. (2) Before suspending or revoking a pennit, the Auth6rity shall serve on the pennit holder a notice in writing (a) specifying the reasons for the proposed suspension or revocation; and (b) informing him that he may apply to the Authority to be heard on the matter within the time specified in the notice. (3) Where paragraph (1) (a) applies, the notice under paragraph (2) (a) shall require the permit holder to remedy the breach within the period [The inclusion of this page is authorized by L.N. 13S/2003 I Alllhority lbayvary permit condi1ions. Suapa,sion or revocation ofpennit. 66.10 Notification of acciden15. Return required. Fifth Schedule. Fom, 7. Certifica tion of disposal. Duty to return W11Sle. THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 stated in the notice and to notify the Authority in writing of the remedy. (4) Upon receipt of a notice under paragraph (3) the Authority shall cause an inspection to be carried out and, if on inspection, the breach is found to be remedied, the Authority shall withdraw the suspension. PART VI-Obligation Concerning Waste 17. -(1) Where, in any area under the jurisdiction of Jamaica (a) a spill or release of hazardous waste occurs, whether in a port or during the transboundary movement of the waste; or (b) the environmentally sound management of hazardous waste is likely to be affected or jeopardized in any way, the person who has the management or control of the waste at the time of the spill. or release shall immediately notify the Authority of the spill or release and submit to the Authority, within fourteen days, a written report thereof. (2) Paragraph (1) shall not operate in derogation of or substitution for the provisions of the Maritime Areas Act or any other enactment concerning hazardous waste. 18. Every holder of a general export permit shall, within sixty days after the end of each year, submit to the Authority, in writing, a return on the activities carried out pursuant to that permit, in the form set out as Form 7 in the Fifth Schedule. 19. Every holder of a special export permit or a general export permit shall (a) within five working days of the receipt of the hazardous waste to which the permit relates by the disposer; and (b) within ninety days of the completion of the disposal thereof, notify the Authority in writing of the receipt or disposal. 20.-(1) Where a transit permit or export permit is granted and, as the casemaybe ( (a) the wastes are in an area under the jurisdiction of Jamaica or the ( jurisdiction of a Convention state; (b) the movement cannot be completed in accordance with the terms of the permit; and (c) alternative arrangements cannot be made for their disposal in an environmentally sound manner, the permit holder shall ensure that the wastes in question are [The inclusion of this page is authorized by L.N. 135/2003 J THE NATURAL RESOURCES(HAZARDOUS WASTE)(CONTROLOF TRANSBOUNDARY MOVEMEN1) REGULATIONS, 2002 (i) in the case of a transit permit, taken back into the exporting State; or (ii) in the case of an export pennit, taken back into an area under the jurisdiction of Jamaica, within ninety days of the date on which the Authority and · the Secretariat of the Convention are so informed or within such other period as may be agreed between the parties. (2) Toe generator of any waste to which paragraph (1) relates shall ensure that, during any period in which the waste is in an area under the jurisdiction of Jamaica, the waste is stored in accordance with the terms and conditions of the pennit, the provisions of the Act and any regulation thereunder and any other existing enactment for the management of waste. PART VII-Enforcement 21.-(1) Toe Authority may issue an order (a) whether in writing or otherwise, directing a person who has in his possession, on any aircraft or vessel, any hazardous waste in respect of which no transit pennit has been issued to forthwith leave the area under the jurisdiction of Jamaica; or (b) in writing, directing any person to cease the export of hazardous waste in respect of which no pennit has been granted under regulation ll(l)(a). (2) The Minister may (a) take such steps as are appropriate in the circumstances of the case;and (b) for the purposes of this paragraph, authorize any public officer, in writing to use such force as may be necessary, for the purpose of ensuring compliance with an order under paragraph (1). PART VIII-Offences and Penalties 22. Every person who imports hazardous waste into, transits hazardous waste through, or exports hazardous waste from, an area under the jurisdiction of Jamaica (a) without notification pursuant to the provisions of these Regulations to every State concerned; (b) without a permit and the consent of every State concerned; ( c) with consent obtained from a State concerned through falsification, misrepresentation or fraud; (d) that does not conform in a material way with the documents; or [The inclusion of this page is authorized by L.N. I 35/2003 ) . 66.11 Cessation order. Offence of illegal traffic in ha:nirdous waste. 66.12 THE NATURAL RESOURCES(HAZARDOUS WASTE)(CONTROLOF Qffent,e of fililingto mum waste. Ollimoeof chanping hamdouo waste. ~otber wiaeunlaw lblnot permitted. TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 (e) that results in the unlawful disposal of haz.ardous wastes in contravention of the Convention, the Act, these Regulations or of general principles of international law, commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment 23. Every person who fails to comply with the provisions of regulation 20 commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. .. 24. Every person who unlawfully dumps or otherwise disposes of any haz.ardous waste into an area under the jurisdiction of Jamaica commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. PART IX-General 25. Nothing in these Regulations shall be construed as permitting any activity which is prohibited by virtue of the provisions of any other enactment. Waste Streams YI Y2 Y3 Y4 Y5 Y6 Y7 Y8 Y9 YlO F!RST SCHEDULB (Regulation 2) Categories of Wastes to be Controlled Clinical waste from medical care in hospitals, medical centres and clinics Waste from the production and preparation of pharmaceutical products Waste pharmaceuticals, drugs and medicines Waste from the production, formulation and use of biocides and phytophannaceuticals Waste from the manufacture, formulation and use of wood preserving chemicals Waste from the production, formulation and use of organic solvents Waste from 1-t treatment and tempering operatioas containing cyanides · Waste min~. oils unfit for their originally intended use Waste oils or water, hydrocarboas or water mixtures, or emulsions · Waste substances and articles containing or oontamimted with polychlorinated biphC1Dyls (PCBs), polycblorimted terpheiJyls (PCTs) or polybrominated biphtayls (PBS.) [The inclusion of this page is authorized by LN. 135/2003 ) 11fE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 Waste Streams YI I Yl2 ¥13 Yl4 YIS Yl6 Yl7 Yl8 Yl9 Y20 Y21 Y22 Y23 Y24 Y2S Y26 Y27 Y28 Y29 Y30 Y31 Y32 Y33 Y34 Y35 Y36 Y37 FlRST SCHEDULE, contd. Categories of Wastes to be Controlled, contd. Waste tarry residues arising from refining, distillation and any p)Tolytic treatment Waste from produdion, formulation and use of inks, dyes, pigments, paints, lacquers and varnish Waste from production, formulation or use of resins, latex, plasticizers, glues and adhesives Waste chemical substances arising from research and development of teaching activities which are not identified or are new and whose effects on man or the environment are not known Waste of an explosive nature not subject to other legislation Waste from production, formulation or use of photographic chemicals or processing materials Waste resulting from surface treatment of metals or plastics Residues arising from industrial waste disposal operations Waste having as a constituent any of the following: Metal carbonyls Beryllium; beryllium compounds Hexavalent chromium compounds Copper compounds Zinc compounds Arsenic; arsenic compounds Selenium; selenium compounds Cadmium; cadmium compounds Antimony; antimony compounds Tellurium; tellurium compounds Mercury, mercury compounds . Thallium; thallium compounds Lead; lead compounds Inorganic fluorine compounda, ca:luding calcium fluoride Inorganic cyanides Acidic solutions or ac:ida in solid form Buie aolutiona or buea in solid form Alboatol (llult IDd fibres) Orpaic pholpbonl8 com.pounds [Tbo inclusion or 11111 J11111 is aulborized 1,y LN. llS/2003 J 66,13 66.14 THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 Waste Streams Y38 Y39 Y40 Y41 Y42 Y43 Y44 Y4S Y46 Y47 FIRST SCHEDULE, contd. Categories of Wastes to be Controlled, contd. Organic cyanides Phenols; phenol compounds/ including chlor<1ph1mols Ethers Halogenated organic solvents Organic solvents, excluding halogenated solvents Any congener of polychlorinated dibenzo-iuran Any congener of polychlorinated dibenzo-p-dioxin Organohalogen compounds other than substances referred to in this Schedule (such as, Y39, Y41, Y42, Y43 and Y44) SECOND SCHEDULE (Regulation 2) Categories of Wastes Requiring Special Consideration Wastes collected from households that po88e88 any of the characteristics specified in the '11ili"d Schedule Residues arising from the inc;iperation of h0111ehold wastes [The inclusion of this page is authorized by L.N. 135/2003 J ( THE NATURAL RESOURCES (HAZARDO.US WASTE) (CONTROLDF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 UN Class 3 3 4.1 4.2 4.3 5.1 5.2 DmlD SCHEDULE (Regulation 2) List of Hazardous Characteristics Code H1 H3 H4.I H4.2 H4.3 H5.I H5.2 Characteristics Explosive An explosive substance or waste is a solid or liquid substance or waste ( or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such speed as to cause damage to the surroundings F lammable liquids · , The word "flammable" has the same meaning as "inflammable". Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example paints,. varnishes, lacquers, et cetera, but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5°C, closed cup test, or not more than 65.6° C, open-cup test. Flammable solids Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. Substances or wastes liable to spontaneous combustion substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating upon contact with air, and being then liable to catch fire. Substances or wastes which, in contact with water, emit flammable gases. Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable or dangerous gases. Oxidizing Substances or wastes which, while in themselves not necessarily combustible, may, generallx by yielding oxygen cause, or contribute to, the combustion of other materials. Organic Peroxides Organic substances or wastes which contain the bivalent-o-o-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition. [The inclusion of this page is authorized by L.N. I 3S12003 ] 66.15 66.16 THE NATURAL RESOURCES(HAZARDOUS WASTE)(CONTROLOF TRANSBOUNDARY MOVEMEN'J) REGULATIONS. 2002 UN Class 6.1 6.2 8 9 9 9 9 THIRD SCHEDULE, contd. List of Hazardous Characteristics, contd. Code H6.l H6.2 HS HlO Hll Hl2 Hl3 Characteristics Poisonous (Acute) Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact. Infectious substances Substances or wastes containing viable micro-organisms or their toxins which are known or suspected to cause disease in animals or humans. Corrosives Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport. They may also cause other hazards. Liberation of toxic gases in contact with air or water. Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities. Toxic (Delayed or chronic) Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity. Exo-toxic Substances or wastes which, if released, present or may present immediate or delayed adverse impacts to the environment by means of bio-accumulation or toxic effects upon biotic systems. Capable, by any means after disposal, of yielding another material, for example, leachate which possesses any of the characteristics listed above. Corresponds to the hazard classification system included in the United Nations Recommendations on the Transport of Dangerous Goods. [The inclusion of this page is authorized by L.N. 13S/2003 ] DI D2 D3 D4 DS D6 D7 D8 D9 D10 D11 D12 D13 D14 DIS RI R2 THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 FOUR1H SCHEDULE (Regulation 2) Disposal Operations PART A-Operations Which Do Not Lead to the Possibility of Resource Recovery, Recycling, Reclamation, Direct Re-use or Alternative Uses Deposit into or onto land (for example, landfill) Land treatment (for example, biodegradation of liquid or sludgy discards in soils) Deep injection (for example, injection of pumpable discards into wells, salt domes of naturally occurring repositories) Surface impoundment (for example, placement of liquid or sludge discards into pits, ponds or lagoons) Specially engineered landfill (for example, placement into lined discrete cells which are capped and isolated from one another and the environment) Release into a water body, except seas or oceans Release into seas or oceans, including sea-bed insertion Biological treatment not specified elsewhere in this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations in this Part Physico~hemical treatment not specified elsewhere in this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations in this Part (for example, evaporation, drying, calcination, neutralization, precipitation) Incineration on land Incineration at sea Permanent storage (for example, emplacement of containers in a mine) Blending or mixing prior to submission to any of the operations in this Part Repackaging prior to submission to any of the operations in this Part Storage pending any of the operations in this Part PART B-Operations Which May Lead To Resource Recovery, Recycling, Reclamation, Direct Re-Use Or Alternative Uses Part B encompasses all such operations with respect to materials legally defined as or considered to be hazardous wastes and which otherwise would have been destined for operations included in Part A Used as a fuel (other than in direct incineration) or other means to generate energy Solvent reclamation or regeneration (The ioolusion of this page is authorized by L.N. 135/2003 ) 66.17 66.18 R3 R4 RS R6 R7 R8 R9 RIO Rll R12 R13 THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 FOURTH SCHEDULE, contd. Recycling or reclamation of organic substances which are not used as solvents Recycling or reclamation of metals and metal compounds Recycling or reclamation of other inorganic materials Regeneration of acids or bases Recovery of components used for pollution abatement Recovery of components from catalysts Used oil re-fining or other reuses of previously used oil Land treatment resulting in benefit to agriculture or ecological improvement Uses of residual materials obtained from any of the operations numbered RI-RIO Exchange of wastes for submission to any of the operations numbered Rl-Rll Accumulation of material intended for any operation in this Part [The inclusion of this page is authorized by L.N. 135/2003 ] THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMEN1) REGULATIONS, 2002 FIFTH SCHEDULE FORM! (Regulations 7, 9, 10, II, 13 and 18) THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT The Natural Resources (Hazardous Waste) (Control ofTransboundary Movement) Regulations, 2002 NOTE: I. 2. Applicationfor Transit Permit (pursuant to regulation 7(2)) Please read the following before completing this Form This Form shall be completed in triplicate in block letters and submitted along with any required supplemental information to The National Environment and Planning Agency 10 Caledonia Avenue Kingston 5 Jamaica, W.l. The completed Form shall be accompanied by (a) (b) (c) (d) (e) if) a notification form supplied by the Authority; copies of the contract made between the exporter and disposer of the waste and any written consents/approvals granted by the importing State and any other transit State(s) for the movement of the waste; documents indicating that the appropriate insurance coverage, including indemnity for damage to third parties and for environmental damage or an adequate bank guarantee, trust fund, bond, line of credit, escrow account or such other form of security relating to damage to third parties and environmental damage, as the Authority considers necessary, has been put in place; evidence on the process by which the waste was generated; information transmitted (including technical description of the plant) to the exporter or generator from the disposer of the waste upon which the latter has based his assessment that there was no reason to believe that the waste will not be managed in an environmentally sound manner in accordance with the laws and regulations of the country of import; and the prescribed application fee of US$! 50 or the Jamaican currency equivalent at the current rate of exchange. This fee is. non refundable. This Form must be completed in order to avoid delay in its processing. Where attached sheets and other technical documents are utilized instead of or in addition to the space provided, indicate appropriate cross-reference. Paragraphs that are not applicable to your applicati0n should be marked N/A. The permit fee ofUS$350 or the Jamaican currency equivalent at the current rate of exchange becomes payable at the time of issuance of the permit. [The inclusion of this page is authorized by L.N. 135/2003 ] 66.19 66.20 A I. 2. 3. B. 4. 4. THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TR4NSBOUNDARY MOVEMEN1) REGULATIONS, 2002 If you are in doubt about any provision of this Form, please consult with an authorized officer before completing it. General Full name of applicant: Address of applicant: Telephone No.: Fax No.: E-mail address Waste Generator Full name of generator, if different from applicant: Address of generator: Contact person: Telephone No.: Fax No.: E-mail address C. Carrier 5. Quantity of waste to be exported (kilogrammes/litres) 6. Indicate the designation of the categories of waste in accordance with the First Schedule using prescribed type and physical description as stated therein 7. Estimated date and time (Greenwich Mean Time) of arrival of waste in area under the jurisdiction of Jamaica: N .8. If using more than one carrier attach a list of the carriers and provide similar information in respect of each carrier. D. Declaration of Applicant I declare that the information contained in this Application and the supplemental information provided is accurate and complete to the best of my knowledge and belief. I understand that any misrepresentation contained in this Application may lead to the discontinuation of the processing of the Application and the revocation of any permit granted. I further understand that the permit, if granted, is not transferable and may be suspended or revoked for breach of any of the terms or conditions stipulated therein. [The inclusion of this page is authorized by L.N. 135/2003 ) THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MO'VEMEN1) REGULATIONS, 2002 SWORN BY the said (Print or type ) name of applicant or if applicant is ) a legal body the name and title of ) two authorized officers) ) for and on behalfof (name of ) body) this day of , 20 ) At ) In the parish/State of ) in the country of ) Before me: Notary Public To be completed by Notary Public Put X in the appropriate box: Signature(s) of applicant/officers my commission expires on ( I I ) dd mm yy my commission does not expire N.B. Please annex a certificate to this Fonn to the effect that the person by whom this Form has been witnessed is duly commissioned and practising in such State or country, or some portion thereof, and that full faith and credit can be given to his acts and indicating the date upon which the commission expires. FOR OFFICIAL USE ONLY Other information attached: Application fee enclosed Comments: Authorized officer [The inclusion of this page is authorized by L.N. 135/2003 ) 66.21 66.22 THE NATURAL RESOURCES (HAZARDOUS WASTE} (CONTROL OF TRANSBOUNDARY MOVEMENT} REGULATIONS, 2002 JAMAICA FORM2 Contact person: Tele.No .. : Fu/I'clcx: Reasons ror eicport: • ame :ind Address o unpom:r: Contact person: Tele.No.: FU/Tclu: Contact person: Tele.No.: Fu/I'elcx: State or ex.port Adcnowlcdgcmcnt sent on: Name. o(:ompctcnt authority: Slp11Urc and Stamp: THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT The Hazardous Waste (Control of Transboundary Movement) Regulations, 2001 Notification of Movement of Waste (Pu111uant to Regulations 7, 9 and 10) Fifth Schedu1e, ·. contd. 1sposer: Contact person: Tele No.: Fu/I'clcx: Actual site or disposal: Slate oftrwlt State orimport poncr ncraior s cc aration: I certify that the infonnllion conl&ln&d In this NotiflQtion is complete and correct to my best knowledge and belief. I abo certify that lcgally•imforeeablc ,vriLten contractual obligations have b"n c11tcrcd Into :ind that ony applicable insurance or ollter financial guarantees a~ or shall be in force covcrina the uansbound;:uy movcnn:nl, Name: Sig.nature: Dote: onscnt to 1 e movement prov1 c y te competent aut ority o((coun1ry): Consent given on: yj,'lmmldd consent expires on:yj,'/mm/dd Spcelfle c.ondillon1 (1): □ Yes, sec block 26 overleaOanncx □ 1 NO Name of competent 11uthorlcy: Signature and Stamp: 1c rcvcne (The inclusion of this page is authorized by L.N. 135/2003 ) FORM3 THE NA1URAL RESOURCES (HA7.ARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMEN'I) REGULA11ONS, 2002 1AMAICA THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT The Hazardow, Waste (Control of Tl'lllllboundary Movement) Rqulations, 2001 Cenificate or Tl'lllllbounduy Movement of Waste (Pumuant to Regulalions 7 and 13) Fifth·sche.dule, cont.d. ConlKt person: SJnalc notlnClllon Ocncn1 notlOcatlon Tele.No.: Fax/Telex: 66.23 (ii) Name and Addnu ofWutc OcncrllOr (I): ContlCI-· Tele.No.: Fu/Telex: Site of 10IIUlllon: Conlletpor,oll: Ttlc. No.: Fu:/Tclcx: RqlMollonC: Tele.No.: Fu/Tolu: QuUlllty Received: DIil<! Nunc: SI'""'""': QuUlllty recolved: Dato: Name: q liter q liter Con11e1pcnoa: Tclo.No.: Fu/Telex: Aceual site of dlapo,al: D code/ R code (3): Tcclulolol)' omplo)'cd": lhu Number: Y number. d ll-211bovtlscanpletaUMloomcttolll)' Illa Glttll'y 1h11 lcplly-cnl'on:uble wdacn canlnOGlal obllpllou "'l' 111t111Clltlc 1uwonco o, olhtt llunc!al , "'IA tone movcmintoadtbalallnecuuryauthollzllloalhaYe--Wd lleloftlwStltCI accepted C rojectcd (5) C Dace: Nlffl<: SI"'"""" and 111r11p: ,Cd 0 reJocted (5) O (I) A11ach list. if more lhan one (Z) Enter X in appropriate box (3) Sec code OD lhc reverse (5) immediaady contact Compcteat Authority ( 4) If more dran lhrec carrier,, anach information a& required on blocks 6 and 11 66.24 FORM4 THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 FIFTH SCHEDULE, contd. THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT The Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002 NOTE: 2. Application for Permit to Export Hazardous Waste (pursuant to regulation 9) Please read the following before completing this Form This Form should be completed in triplicate in block letters and submitted along with any specified supplemental information to The National Environment and Planning Agency 10 Caledonia Avenue Kingston S Jamaica, W .I. This Form shall be accompanied by (a) a notification form supplied by the Authority; ( b) a movement form supplied by the Authority; (c) a written consent of the competent authority of the importing State and the transit State(s), if any, for the transboundary movement of the waste; (d) a written contract between the exporter/generator and the disposer specifying environmentally sound management of the waste; (e) documents indicating that the appropriate insurance coverage, including indemnity for damage to third parties and for environmental damage or an adequate bank guarantee, trust fund, bond, line of credit, escrow account or such other form of security relating to damage to third parties and environmental damage, as the Authority considers appropriate, has been put in place; (f) an emergency response plan which covers the movement of the waste from the point of generation/storage to the point of exit from Jamaica; and (g) the prescribed application fee of J$2,SOO. This fee is non refundable. 3. Please attach certified copies of all statutory approvals granted to date and copies of all applications made and not yet determined. 4. A separate form must be completed for each intended export of hazardous waste except where such export is to the same foreign receiver subject to the form of operation for storage, recycling and disposal. S. This Application must be completed in the correct order to avoid delay in its processing. Where attached sheets and other technical documents are utilized in lieu of the space provided, indicate appropriate cross-reference. Paragraphs that are not applicable to your application should be marked NIA. [The inclusion of this page is authorized by L.N. 135/2003 ) THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMEN1) REGULATIONS, 2002 6. The fee for the special permit and general is J$8,000 and JS16,000, respectively. The fee becomes payable at the time of the issue of the permit. 7. If you are in any doubt about any provision of this Application, please consult with an authorized officer before completing it. A General Enter X in appropriate box: D general permit D special permit I. Full name of exporter of waste: 2. Address of exporter: 3. Contact person (s): 4. 5. Telephone No.: Fax No.: E-mail address Specify name, registration number and country of registration of company, if different from name of generator: B. Generator of Waste 6. Please specify name of generator, if different &om exporter: 7. Address and company registration number of generator: 8. Telephone No.: Fax No.: E-mail address C. Category ofHuardous Waste 9, Quantity of waste to be exported (kilogrammes/litres)----~ 10. Indicate the designation of categoriesofwastein accordance with the First Schedule using the prescnlled type as stated therein D. Custom 11. Indicate the port of exit &om Jamaica: 12. Indicate the port of entty in the importing State and the transit State(s), if any: E. Declaration by Applicant I declare that the infonnation comainod in this Application and the attached document is accurate and complete to the best ofmy knowledge and belief. I understand 1hat any miarepreseutation contained in this Application may lead to the discontinuation of the processing of the Application and the revocation of any pennit g,anted I further understand that the permit, if granted, is not transferable and may be suspended or revoked for breach of any of the terms or conditions stipulated therein. (Thi inclusion of this IJ8ge is authorized by L.N. 13512003 ) 66.25 66.26 THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 SWORN BY the said (Print or type ) name of applicant or, if applicant is ) a legal body, the name and title of ) two officers authorized to sign for ) and on behalf of (body) ) ) Signature(s) of applicant/officers This day of , 20 ) A1 ) In the parish/State of ) in the country of ) Before me: Notary Public To be completed by Notary Public Put X in the appropriatt: box: my commission expires on ( / / ) dd mm yy my commission does not expire N.B. Please annex a certificate to this Form to the effect that the person by whom this Form has been witnessed is duly commissioned and practising in such State or country, or some portion thereof, and that full faith and credit can be given to his acts and indicating the date upon which the commission expires. FOR OFFICIAL USE ONLY Other information attached: Application fee enclosed Comments: Authorized officer I I ---~ [The inclusion of this page is authorized by L.N. I 3S/2003 ) FORMS 11fE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMEN'l) REGULATIONS, 2002 FIFTH SCHEDlil.E, contd. THE NATURAL RESOURCES CONSERVATION AUfHORITY ACT The Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002 Transit Permit (pursuant to regulations 7 and 1 I) Transit Permit No.: .............................................. .. Date of Application: .................................... ~ ........ . (Name of importer) (Address of importer) is hereby authorized to move the hazardous waste described in Part A of the Schedule, which shall be transported in the carriers listed in Part B of the Schedule, through Jamaica/the following area under the jurisdiction of Jamaica, namely (specify area or co-ordinates) to ................................................................................................................ .. (transit State(s) address (es) of competent authority and final destination) in accordance with the terms and conditions specified in Part C of the Schedule. Dated this day of SCHEDULE PART A (Description of Hazardous Waste) PARTB (Names ofCarriers) PARTC (Terms and Conditions) , 200 ..... SEAL OF AUfHORITY Signature of Authorized Officer, Natural Resources Conservation Authority. [The inclusion of this page is authorized by L.N. 135/2003 ) 66.27 66.28 FORM6 THE NATURA!, RESOURCES(HAZARDOUS WASTE)(CONTROLOF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 FIFTH SCHEDULE, contd. THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT The Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002 Permit to Export Hazardous Waste (pursuant to regu larions 9 and 11) Hazardous Waste Permit No.: ................................................ . Date of Application: ........................................................... . D General Permit D Special Permit (Name of exporter) (Address of exporter) is hereby authorized to export the hazardous waste listed in Part A of the Schedule which is transported in ........................................................................................ . (Name of carrier) to .................................................................. (foreign receiver( s)) through ................................................................... (transit states) to .. (country and address of final destination) (waste receptacle) in accordance with the terms and conditions specified in Part B of the Schedule. Dated this day of SCHEDULE PART A (Description ofHazardous Waste) PARTB (Terms and Conditions) , 200 ..... SEAL OF AUTHORITY Signat\ll"e of Authorized Officer, Natural Resources Conservation Authority. [The inclusion of this page is authorized by L.N. 13S/2003 ] FORM7 THE NATURAL RESOURCES (HAZARDOUS WASTE) (CONTROL OF TRANSBOUNDARY MOVEMENT) REGULATIONS, 2002 FIFTH SCHEDULE, contd. THE NATURAL RESOURCES CONSERVATION AITTHORITY ACT 1be Natural Resources (Hazardous Waste) (Control of Transboundary Movement) Regulations, 2002 Return on Activities conducted under Permit No ........................ . (pursuant to regulation 18) Part A of this Form shall be completed by the exporter/generator of the hazardous waste and Part B by the importer/receiver of the hazardous waste Please attach the relevant documentation to prove the information requested below. PART A 1. The types and amounts of hazardous waste shipped. 2. A record of the various finns or organizations which, or individuals who, have been involved with the shipment. 3. Notification in detail of any spills or leaks or accidents. 4. Date of departure from Jamaica of waste and date of arrival to country of import and the facility to which the wastes is destined. PARTB l. Information on the treatment, storage and disposal of hazardous waste when they reach their final destination. 2. Any discrepancy or refusal of waste or problems between the amount and type of waste reported as being shipped by the exporter and what was received. 3. Any re-transfer of a part or the total of waste to another location for treatment, storage, recycling or disposal, the name of the transferor and the address of the facility or site. 4. Any change in the carrier or in the type or method of transportation of the waste. Dated this day of Name and title , 200 Signature of Declarant or Authorized Officer (if company, affix seal) [The inclusion of this page is authorized by L.N. 135/2003 J 66.29