National Environmental (Motor vehicle and miscellaneous assembly sector) Regulations, 2013. S.I. no. 35/2013

Federal Republic of Nigeria Official Gazette No. 99 Lagos-4th November, 2013 Government Notice No. 215 The following is published ns Supplement t, this <J, •If S. I. No. 35 , 'hort 7,th• National Environmcntul (Motor Vch1d u1d Miscellaneous Assembly Sector) Regulation 2013 Vol. 100 • NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIIONS ENFORCEMENT AGENCY (ESTABLISHMENT ACT, 2007) NATIONAL ENVJRONMENTAL(MOTOR VEHICLE & MISCELLANEOUS ASSEMBLY SECTOR) REGULATIONS 2013 ARRANGEMENT OF REGULATIONS PART I-GENERAL PROVISIONS Regulations 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Purpose. Planning. Emergency Response Plan. Pollution Abatement Equipment. Polluter Pays Principle. Best Practices and Waste Minimisation. Pollution Control Organisational System . Banned and Restricted Chemicals. Extended Producers Responsibility. Management of Chemicals, Oil Stations and Fuel Dump Sites. Community Relations. Effiuent Limitation Standards. Restriction on the Release of Toxic Ellluent. Effluent Treatment. Sludge Disposal. Ernission Standards. Priority Air Pollutants. Burning of Fuels. Abatement Technologies for Air Emissions. Noise Standards. Noise Abatement. Hearing Conservation Program. Noise Monitoring. PART II-SAMPLING PROCEDURES dAnalysis of Samples. Physical or Chemical Parameters. for Physical or Chemical Parameters. lassification. ters. B 625 B 626 29. Air Sampling for Analysis. 30. Noise Measurements. PART III-VEHICLE SERVICING AND MAINTENANCE 31. Servicing and Maintenance. 32. Auto Body Shops. PART IV-END- OF- Lir-E VEHICLES (ELY) 33. Registration and Approval. 34. Vehicle Waste Handling. 35. Use of Personal Protective Equipment (PPE). 36. Citizens' Obligation. 37. Establishment of ELY Treatment Facility. 38. Management of Treatment Facility. 39. Record Keeping. 40. Insurance Policy. PART V-PERMITS (GENERAL PROVISION) 41. General Permits. 42. Permits. 43. Effective Date and Validity. PART VI-INDUSTRIAL EFFLUENT MONITORING AND REPORTING 44. Reporting Requirements. 45 . Authorized Signatory. 46. Monitoring Records. .. 47. Confidential Information and Public Access to Records. PART Vil-ENFORCEMENT 48. Enforcement Notices. 49. Equity. 50. Mode of Delivery. 51. Enforcement Notice Reminder. 52. Suspension of Permit. PART Vlll-OFFENCES 53. Offences General. 54. Contravention of Permit Condition. 55. False Statement. 56. Failure to comply with Abatement Measures. 57. Failure to Report. 58 Discharge of Effluent beyond Permissible Level PART IX·-PENALTY PART X-MISCELLANEOUS 60. Performance Criteria and Rating. PART XI-INTERPRETATION 61. Interpretation. 62. Citation. SCHEDULES Schedule I : Guidelines for Preparing Environmental Management Plan (EMP). Schedule II : Guide Template for Emergency Procedures in Motor Vehicle. Schedule Ill : Best Practices. Schedule IV : Organizational System and the Functions of Pollution Control Manager(s). Schedule V : Banned/Restricted chemicals. Schedule VI : Guidelines for Extended Producers Responsibility Programme. Schedule VII : Effluent Limitation for Motor Vehicle and Miscellaneous Assembly. Schedule VIII : Sludge Disposal Permissible Limit. Schedule IX : Air Emission Standards. Schedule X: Noise Standards. Schedule XI : Guidelines for proper wastes handling in Motor Vehicle Servicing and Maintenance Workshops. Schedule XII : Requirement for Establishment of End- of- Life Motor Vehicle Dismantling and Treatment Facility. Schedule XIII : Guidelines for Personal Protective Equipment (PPE) for Motor Vehicle Maintenance, Servicing, Repairs Workshop and Body Shops. Schedule XIV : Minimum Requirements for Certificate of Destruction Issued for End -of- Life Motor Vehicles. Sdledule XV : Monthly Discharge Monitoring Repo1(MD Application Fonn for Motor V~ B 627 S. I. No. 35 of 2013 NATIONAL ENVIRONMENTAL (MOTOR VEHICLE AND MISCELLANEOUS ASSEMBLY SECTOR) REGULATIONS 2013 In exercise of the powers conferred on me by Section 34 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007, and all other powers enabling me in that behalf, I, Arc. Darius Dickson lshaku, fnia, Honourable Minister, Federa l Ministry of Environment, hereby make the following Regulations : [ 29th October, 2013 ] PART I-GENERAL PROVISIONS B 629 Commence­ ment 1.-( I) The purpose of these Regulations is to prevent and minimize Purpose. pollution and wastes from all activities of the Motor Vehicle (MY) and Miscellaneous Assembly sector to the Nigerian environment and these Regulations shall cover new, used and end-of-life Motor Vehicles (UV/ELY). (2)These Regulations are based on life cycle approach and shall cover all the aspects of the Motor Vehicle & Miscellaneous Assembly from "cradle to cradle". (3) The principles of these Regulations shall be anchored on the 5Rs \\ hich are: Reduce, Re-use, Repair, Recycle and Recover ns the primar) drivers of the sector and shall encompass all categories of vehicle 2.-( I) A facility shall submit to the Agc11e) . (a) an Environm ent ,1 1 lmpacl S1nte111c111 (EIS) arising from the Environmental Impact Assessment (EIA) l'or new project or modification including expansion of existing ones before commmencement of activity ; (b) an Environmental Audit Report (EAR) of existing fac ility every three years to be conducted by an external consultant accredited by the Agency ; and (c) Environmental Management Plan (EMP) as prescribed in Schedule I to these Regulations. 3.-( I) A facility, body corporate or organisation shall : (a) apply up-to-date, Best Practicable Environmental Option, Cleaner Production and Green Technologies to reduce pollution to a minimum. (b) plan and set up machinery for combating pollution hazards and maintain equipment in the event of an emergeny. (c) have an Emergency Response Plan and a stock of pollution response equipment which shall be readiiy accessible and available to combat pollution baz.ards m the event of accidentaJ discharges as prescribed in Schedule II to Reaulations.and Planning. Emergency Response Plan. B 630 Pollution Abatement Equipment Polluter Pa) s Prin 1ple. (d) prepare and implement a functional Emergency Response Plan which shall include measures to be taken : (i) in the discharge of deleterious substances ; (ii) to prevent any deposit(s) or discharges out of the normal course of events of such a substance ; and (iii) to mitigate the effects of such deposits or discharges. (2) Practicable steps shall be taken to ensure that accidental discharges such as spills or leaks, do not pollute the storm water system, local waterways or water bodies by : (a) keeping chemicals (such as fuels, solvents, oils and coolants) within a bund wall and covered stornge area ; (b) having adequately stocked spill kits on hand ; and (c) training staff on the use of spill kits. 4.-( l) A facility, body corporate or organisation shall install anti-pollution equipment for the detoxi lication or treatment of efnuent and emission emanating from it so as to meet the prescribed effluent and emissions standards in Schedules Vil and IX respectively. (2) The installation of anti-pollution equipment made pursuant to sub­ regulation ( l) of this regulation shall be based on the Best Available Technology (BAT) or the Best Practicable Technology (BPT). 5.-(1) The Polluter-Pays-Principle shall apply to every facility, body corporate or organisation. (2) The collection, treatment, transportation and final disposal of wastes shall be the responsibility of the body corporate or organisation generating the wastes within the specified standards and guidelines. (3) In the event of an incident resulting in an adverse impact on 1e environment whether socio-economic or health wise. the facilit, responsible for : • (a) the cost of damage, assessment and control ; (b) remediation ; and c) reclamation. 1 Im lernentation of cleaner rod (3) All waste from motor vehicle assembly or manufacturing with hazardous prope~ies shall be clearly labelled, stored separately from the general waste and con!amed in storage areas that are chemically resistant before disposal in an environmentally sound manner. :·-~I) A facility, body corporate or orgnnisation shrill put in place org~nizational system for pollution control and shall ussign n qualified ~nvironmental Manager(EM) or Pollution Control Manager (PCM) as prescribed in Schedule IV to the e Regulations. . (2) It is important for the capacity or PCMs to be continually strengthened wit I~ the. ultimate goal or nllaining lhl' Agency's required qualification and certilicat1on ns prescribed in Schedule IV to these Regulations. 8.-( I) All vchicks containing POP-BDEs polymer materials arc banned from entering into the country. (2) Any vd1iclc designated for Nigeria shall have a certificate of 'free of POP( ·)/13DI~ polymer or hanirdous chemicals'. (3) U. c or restricted chemicals shall be with a permit from the Agency and the li.:t of bannd/restricted chemicals is as stated in Schedule V to these R gulation.: . 9.- I) All importers. exporters, manufacturers, assemblers, distributors of motor ,ehicles as \\'ell as spare parts dealers, of various brands of motor ,ehicle products shall subscribe to an Extended Producers Responsibility Pro­ gramme as prescribed in Schedule YI to these Regulations. (2) Manufacturers and Importers of Motor Vehicle shall partner with the • gen ) on the Extended Producers' Responsibility Programme within two (2) ) ears of commencement of these Regulations. 3) It shall be the responsi bi I ity of the : (.1) manufacturers, importers, assemblers, distributors, spare parts and components producer to put in place a collection system to take back the end-of-life motor vehicles and components and setup dismantling points or centres ; and b) manufacturers and importers of motor vehicles to setup junk yards to co ate the ,ehicle carcass for recycling. JO.-( A facility, body corporate or organisation shall : e tha there is no contamination arising from leakage of urfa\:e u ed oil. refrigerant, fuel or chemical storage tank like! t v1ronm nt including surface and round w nc1ll ry qu·pm nt d a1st:nar1~ 8 631 Pollu1ion Control Orgnnisa­ tional Sy 1cn1. Banned and l<cslrictcd Chemicals. Extended Producers Responsibility. B 632 Community Relations. Effluent Limitation Standards. Restriction on the Release of Toxic Ellluent. Effluent Treatment. ll. A facility, body corporate or organisation s~all have a su stainable coin. . 1 t· ogramme as part of demonstration of compliance with her mumty re a 10ns pr Corporate Social Responsibility. EFFLUENT LIMITATION 12.-(1) The National Environmental S!anda~ds in relation to effluent limitations for the sector shall be as prescribed 111 Schedule VI I to these Regulations. (2) An effluent shall be deemed to be polluted if: (a) the concentration of any ofils parameters exceeds the permissible limits as prescribed in Schedule VII to these Regulations ; and (b) it is discharged from a facility without appropriate pre- treatment. (3) Effluent as described in sub-regulation (2) of this regulation shall be treated to attain the minimum standard as prescribed in Schedule VII lo these Regulations before discharge. 13.-(1) A facility, body corporate or organisation shall not discharge effluent or discard spent oil, grease, wash-water, debris, nammable liquids such as paint, litter, sediment etc disposed of on land, into a water course or water body except treated to the permissible limits as prescribed in Schedule Vil to these Regulations. (2) Under no circumstance shall any person wash a spill down the drain. (3) Notwithstanding sub-regulation (I) of this regulation, a facility, body corporate or organisation using an influent, shall ensure that the concentration or value of any of the parameters of the effluent conforms to standard as prescribed in Schedule VII to these Regulations. 14.-( I) A faci I ity, body corporate or organization that discharges effi uent into the environment shall treat the effluent to the pennissible limits as prescribed in Schedule Vfl to these Regulations. (2) A facility, body corporate or organization shall : (a) carry out effective treatment each time the plant operates ; ( b) ensure that the Environmentally Sound Management of sludge containing heavy metals or other toxic materials are disposed of in a designated disposal site or landfill by the appropriate Regulatory Authority ; (c) ensure the treatment and disposal of toxic organics contained in both effluent and sludge as approved by the Agency ; (d) ensure that effluent is not diluted to achieve the standards contained m Schedule VII to these Regulations; and (e) ensure that wastes containing toxic orgarucs are treated with BestA,vailal>le Technology (BAT) and Best Environmental Practices (BEP) 15·:- (I) A facility, body corporate or organisation shall not discharge sl udge directly into any water body or the environment except under a sludge disposal permit. (2) Sludge disposed of on land shall be classified and none of its components shall exceed the limit as prescribed in Schedule VIII to these Regulations . . (3) Any sludge except purely domestic or organic sludge and purely agricultural (organic) sf Lidge shall be treated as hazardous waste and subject to the provisions of the Harmful Waste (Special Criminal Provisions, etc) Act Cap. 1-1 I LFN, 2004. (4) Hazardous Sludge shall be treated and disposed of in a secured landfill approved by the Agency. 16. A person, facility, body corporate or organisation who operates a machine or uses a motor vehicle shal I comply with the Air Emission Standards as prescribed in Schedule IX lo these Regulations and the National Environmental (Control of Vehicular Emissions from Petrol and Diesel Engines) Regulations, S.I No. 20 of 2011. 17.-( I) A facility, body corporate or organisation with any source or potential source of emission shall be required to measure the emission, develop and implement a plan to control it in accordance with the standards prescribed in Schedule IX to these Regulations. (2) A facility, body corporate or organisation shall be required to report the data. sources of emissions with a view to undertaking its reduction in accordance ,, ith the implementation plan which shall be reviewed every three (3) years by the Agency. (3) A facility, body corporate or organisation shall ensure that it measures the odour detection threshold and the odorous dilution ratio of the working environment or emissions. ( 4) The dilution method of testing odours shall adopt American Society for Testing Materials (ASTM) or any other method as may be prescribed by the Agency to safeguard the health of the workers. B 633 Sludge LJisposal. Emission Standards. Priority Air Pollutants. 18.--( I) A facility, body corporate or organisation shall not burn, or be Burning of permitted to bum light fuel oil containing over 0.5 percent sulphur by weight in Fuel an existing source or a new source. (2) A facility, body corporate or organisation shall not burn, or be permit­ ted to bum medium fuel oil containing over I. I percent sulphur by weight. (3) Notwithstanding the provisions of sub-regulation (I) and (2) of this heavy fuel oil with no more than 3 per cent sulphur may be burnt at a • ·ng fuel combustion sources or a combination of both where : B 634 Abatement Technolo­ gies for Air Emissions. Noise Standards. Noise Abate­ ment. Hearing Conserva­ tion Program. {a) one or more of such sources operate in a manner that sulphur dioxide is absorbed by coming into contnct with the product or with a scrubbing device or other material ; and (b) the actual total sulphur dio:ide emissions from the source is less than the allowable sulphur dioxide emissions. 19.-( I) A facility, body corporate or organisation which discharges gnsc­ ous substances shall treat such to the permissible limits as prescribcd in Sched­ ule IX to these Regulations. (2) Treatment can be achieved through the use of appropriate pollution abatement technologies for minimizing the release of significant pollutants to the air including the following : (a) stack gas scrubbing, carbon adsorption or combustion (for toxic organics) ; (b) bag houses or cyclone (for particulate matter removal) ; and (c) biological filters or any other appropriate technology 20. Noise standards shall be subject to the National Environmental Noise Standards and Control) Regulations, S.I No. 35, 2009. 21. A facility, body corporate or organization shall evaluate its installations and ensure that routine controls are sufficient to prevent risks of noise pollution. 22.-(1) A facility, body corporate/organisation shal l administer a continuing, effective hearing conservation programme, whenever employee noise exposures equal or exceed an 8-hour time- weighted average sound level (TWA) of 90 decibels measures on the A scale (slow response) or, equivalent to a dose of 80 as stipulated by Occupational Safety and Health Act, Laws of the Federatio ofNigeria 2004, OSHA 18001 as prescribed in Schedule X to these Regulat o (2) For the purpose of hearing conservation programme, employee n exposures shall be computed, regardless of the provision and the u-;e of P Protective Equipment. (3) An 8-hour time weighted average of 90 decibels shall be r k 1 the action level. 23. Monitoring shall be repeated whenever a change 111 prod ctt equipment or control, increases noise exposures to the e t nt th t (a) additional employees may be subjected to rr k at the (b) the attenuation as a result of hearing protecto i. ft'.IIIClm,d inadequate to meet requirement of PART I I-SAMPLING PROCEDURES 24. A facility, body corporate or organization shall collect and analyse samples according to Standard Operating Procedure (SOP) as developed by the Agency. 25. A spot sample for the purpose of analysis for all the tests including oil and grease, dissolved oxygen, pH, chlorine and sulphide shall be taken as follows: (a) the whole sample volume is to be taken at one time, at the point of discharge or, where the discharge has stopped, at the nearest practicable point within one kilometre upstream and downstream of the point of dis­ charge; and (b) the sample shall be analysed immediately after collection where possible but not later than 24 hours after taking the sample. 26. A composite sample for the purpose of analysis for all tests other than those for temperature and pH shall be taken by combining individual samples as follows: (a) a minimum of five samples of equal volume of not less than 500 ml each shall be taken at the point of discharge or, where the discharge has stopped, at the nearest practicable point within one kilometre upstream and downstream of the point of discharge, at approximately equal intervals of time over a minimum period of four hours within any 24 hour period; (b) two of the composite samples collected when the discharge has been stopped, shall be used to prove the source and extent of pollution ; (c) the samples shall be kept as cool as at site conditions licence ; (d) sample analysis shall commence not later than 24 hours after taking the last sample ; and (e) where the discharge has stopped or is intermittent, two grab samples shall be collected at the nearest practicable point within one kilometre up­ stream and downstream each of the point of discharge. 27. The whole volume of spot samples for further laboratory analysis shall be 1Bken at one time at the point of discharge. Where full laboratory facilities do not exist on the site, or in the absence Dissolved Oxygen (DO) meter, the oxygen in the sample may be lime of sampling by adding any of the following reagents : I ml of followed by 1 ml ofalkali-iodide-azide solution, (aJkalme ~. oxalate, manganous sulphate and aJ ne SCientiflc method provided that B 635 Collection and Analysis of Samples. Spot Sampling for Physical or Chemical Parameters. Composite Sampling for Physical or Chemical Parameters. Sampling for Licence Cla.! 1fica­ tion. Sampling for other Parameters B 636 Air Sampling for Analysis. Noise Measure­ ments. (b) the remaining steps shall be carried out later in the laboratory. 29.-(1) Measurements of air quality parameters shall take place at any facility, downwind and upwind. (2) Measurement of total suspended particulate shall be by gravimetric method using air sampler or by any other recommended scientific method and the following shall be observed : (a) a three sampling period (morning 8-1 0am, afternoon I 2-2pm and evening 4-6pm) shall be adopted ; and (b) the heavy metals level of total suspended particulate shal I be determined using any referenced standard method using atomic absorption spectrometer. (3) Gaseous pollutants shall be measured in a manner as may be approved by the Agency in any of the following ways : (a) passive sampling method shall require the submission of analysis ce1tificate along with results ; (b) a three sampling periods (morning 8-!0am, afternoon l2-2pm and evening 4-6pm) shall be adopted ; (c) active sampling for NOx shall use the Saltzman or any other recommended standard method ; (d) active sampling for SO 2 shall use the West-Gaeke, hydrogen peroxide, conductimetry or any other recommended standard method ; (e) active sampling for hydrocarbons shall use the adsorption on activated charcoal method ; (/) continuous sampling of any gaseous air pollutant shall use instrument with detection range accommodating the maximum allowable limit of measured parameter ; and (g) measurement shall last for at least 1 hour in every sampling location. 30.-( I) Noise levels shall be measured with instrument having both A and C weighting, a resolution not more than 0.1 dB and fast or slow responses. (2) Measurement shall be taken at least 3 meters from any barrier or other sound reflecting sources, at about 1.2-1.5 meters above ground level or working platform and shall last for at least 10 seconds. (3) Daytime (07:00-22:00) and night time (22:00-7:00) ,neasurements shall be taken at the fence line of any facility. PART IJI-VEHICLE SERVICING AND MAlNTENANc 31 ~1) A person, technician body-corpora, or Ol'EMWmk>n ·--~Alu..-! and re-assemblmg of Motor 32.-(1) A person, body-corporate, or organization, involved in operating auto body shops shall ensure that : (a) paints free of heavy metals including but not limited to Lead Mercury are used ; (b) all spray painting is done in an enclosed spray booth equipped with filters ; (c) when cleaning spray guns with solvents, a smaller diameter lubing are used with less solvent ; and (d) spent or used solvents from the process bath systems are not discharged into the drain, but through a pre-treatment system. PART IY-ENo or LrrE VEHICLES (ELY) 33.-( I) A person, body-corporate or organization operating a dismantling centre sha II : (a) register with the Agency; and (b) provide information as specified in Schedule XII to these Regulations. 34.-( 1) A person, body-corporate or an organisation shall not discard, throw and or drop any Motor Vehicle component anywhere except in designated centers and shal I ensure that : (a) hazardous waste are segregated from other wastes; (b) motor vehicle components are not disposed of in trash receptacles or at a dump-site and or landfill ; (c) the vehicle carcass is taken to the junk yard for transportation to the designated recycling-centre ; and (d) open burning of waste shall be in accordance with the National Environmental (Control of Bush, Forest Fire and Open Burning) Regulations 2011. (2) Open burning of tyre and other plastic component is prohibited. (3) An operator of a facility, technician, assembler or scavenger of motor chicle shall dispose waste in an environmentally sound manner and shall not : (a) bum motor vehicle waste in the Nigerian environment ; (b) dispose of motor vehicle waste alongside domestic and or municipal waste; c) dispose of motor vehicle waste at dump site, land-fill site, water body NJease Chlorofluorocarbons (CFCs) from cooling systems and used 0tl into the environment B 637 Auto 8ody Shops. Rcgislrallon/ Approval for EL Motor Vch1clc. Vehicle Waste Handling. B 638 ( 4) Operator of treatment facility shall : (a) issue certificate of destruction to the licensed owner of EL motor vehicle in accordance with the requirements as prescribed in Schedule XIV to these Regulations ; (b) maintain copies of all EL motor vehicle manifests and/or receipts and make same available for sighting; (c) forward a copy of the EL motor vehicle manifests to the Agency within thirty days of removal ; and (d) sign copies of the EL motor vehicle manifest. (5) Operator of shredder EL motor vehicle treatment facility shall : (a) ensure that shredded metals are stored in an appropriate place prior to collection by the end users ; and (b) ensure that shredder residues are disposed of using Best Environmental Practices (BEP) and Best Available Technology (BAT). 39.--{ l) An authorized road or off-road motor vehicle license registration office shall upon registration, keep records and furnish the Agency in writing of the quantity so registered the preceding year by 30th of June of every year and shall also enter details to National Automotive Council Nationwide AUTO DATA platform at point of registration. (2) A producer or importer of motor vehicle, shall keep records and furnish the Agency in writing of the quantity of all motor vehicles which have been imported the preceding year by the 30th of June of every year. (3) An operator of any collection centre and recycling plant shall keep records and furnish the Agency in the prescribed format, quarterly of the quantity of EL motor vehicles received and the quantity dismantled and shall keep such records for a minimum period of 5 years. 40. An applicant for a permit issued under these Regulations shall satisfy the Agency that he has subscribed to appropriate insurance policies for the applicant's staff and the public covering risks likely to arise, out of the activity for which the permit is required. PART V-PERMlTS 41.-(1) All permits shall be in writing and as set out in the National Environmental (Permitting and Licensing Systems) Regulations, 2009. (2) A facility, body corporate or organisation shall obtain permit from the Agency for: (a) discharging or causing to be discharged, any effluent, or oil in any into water system, public drains, or underground injection and land ; sdllsing of hazardous or toxic substances into the water, land or air of ecosystmn within the permissible limits as prescribed in Schedule ~ons. Record keeping. Insurance Policy. General Permits Citizens Obligation. Establish­ ment of EL Motor Vehicle Treatment Fncility. B 639 ensure that the technicians, repairers or scavengers wear appropriate Per~onal Protective Equipment (PPE) as prescribed in schedule XIII to these Regulations. 36. It shall be the responsibility of any individual, group of persons or body corporate, to : (a) report any fly tipping and disposal of motor vehicle wastes in an undesignated location to the appropriate authority ; (b) incorporate sound environmental care in their daily activities; (c) report all categories of abandoned vehicles on all roads to the appropriate authority ; and (d) dispose of end-of-life vehicles at authorized treatment facility and obtain certificate of destruction as prescribed in schedule XIV to these Regulations. 37-( I) A• person, ororganisation intending to establish a treatment facility shall : (a) register with the Agency ; (b) provide information for approval to operate the facility as prescribed in Schedule XII to these Regulations; and (c) comply with the requirements prescribed in Schedule XII to these Regulations. (2) A II registered end- of -I ife treatment faci I ities shall ensure that : (a) a treatment facility has sufficient capacity to treat the actual number of end-of-life vehicles that are designated to the facility; (b) where necessary, transportation of end-of-life vehicle from one treatment facility to an alternative treatment facility is carried out in accordance with the provisions of these Regulations ; and (c) treatment facilities are reasonably accessible to any person who wishes to deliver an end-of- life vehicle. Management 38.-{ I) An end-of-life treatment facility (dismantling center, junk yard, ofELV. shredder or recycling facility) shall ensure that the facility is maintained in a clean and orderly condition. (2) Treatment Facilities and Dismantling Centers shall ensure that all scrap motor vehicles are 'treated in an environmentally sound manner and this requires (a) removal of battery, tyres, LPG tank, activation of explosive devices airbags and pre-tensioners, materials containing POP-BDEs ( upholstery seats, headrest, steering wheel, dashboard etc) and (b) separation and storage of Fuel, Motor oil, Transmission oil, Gearbo oil, Hydraulic oil, Cooling liquids, Anti-frea.e, Brake fluids and Air condilk>rlinl luids. t •e-ent facility and dismantling centre shall ensure dlat al aad eaa-11111 POP-Boes IR ~ ........ BATJBEP 8 640 Permits. Effccli,c Date/ Validity. Reporting Require­ ments. (3) Procedures for application for permits and revoc~tion of such permits where they have already been issued shall be as contau~ed 111 the National Environmental (Permitting and Licensing System) Regulations, 2009, S.t. No. 29. (4) A permit is designed to allow the holde~ thereof · ~o conduct act'.vities listed in the permit only after strict compliance with cond1ttons and appl1cahlc effiuent limitations. 42. A facility, body corporate or organisation involved in motor vehicle manufacturing, servicing and maintenance, dismantling or trcntmcnt facility -;hall obtain relevant permit from the Agency and such permits shall be in the for111at as contained in the Annex to these Regulations and shall include: (a) Spare Parts (Second hand) Import Permit ; (h) Dismantling Centre Permit; (c) Spent Oil Collection Permit; (d) Junk Yard Permit ; (c) Industrial/Commercial Discharge Permit; and (/) Sludge Disposal Permit. 43. A permit shall become effective from the day of issuance and shall expire on December 31 st of the second year and shal I thereafter be renewable once every year. PART VI-INDUSTRIAL EFFLUENT MONITORING AND REPORTING 44.-(1) A Permit holder, shall subject to categorical standards, comp() with reporting requirements under the Agency's Penn it including (but not limited to) Incidence Report and Monthly Effluent Data Sheet by submitting these documents to the Agency's Field Offices. (2) The Permit holder shall submit to the Agency quarterly, a descnpt on uf the nature, concentration and flow of the pollutants in the Monthly Effluent D Sheet required to be reported. (3) The report shall be based on sampling analysis performed in th' p n J covered by the ·report. All reports shall be in compliance with the fom prescribed in Schedule XV to these Regulations. (4) The Permit holder shall report all sample result for paramet d on the Effluent Limitations an·d Monitoring Requirement, on the lndu • Commercial Discharge Monitoring Report Forms as pre cnbed in ched to these Regulations: (S} The Pennit holder shall install monitoring eqmprncnt to racI111m1e llC-r11nllf! ••■a n,cioo. sampling and measurement of the qaaJ by the permit and such equrpmem audlolizedOIDC:laas8' (6) A permit holder who discharges effluents shall have in place : (a) flow meters • , (b) point inspection chambers · . (c) recording apparatus ; and (d) sampling test points/points of inspection. (7) The Permit holder discharging or proposing to discharge effluent to a general sewer or treatment plant shall maintain the following: (a) records of' production ; (h) water consumption and discharge llow records ; (c) complete monitoring records as speci lied in these Regulations ; (d) process monitoring records ; (e) incident reports : (/) waste handling records ; and (g) :my other records necessary to demonstrate compliance with these Regulations. ; (8) The Permit holder shall be required to file reports with the Agency where the permit holder : (a) commits a serious violation ; (b) fails to submit a completed Monthly Effluent Data Sheet; (c) exceeds an effluent limitation for the same pollutant at the same discharge point source by any amount for four out of six consecutive months ; and (d)-has discharges that could cause problems to the Environment, including any sludge loadings. 45.-{ I) The Permit holder shall sign the report referred to in sub-regulation (8) of regulation 44 and attach a copy of the Certificate of analysis from the Agency's accredited laboratory. (2) Each report shall be signed by the appropriate officer. (3) The report shall include the following certification statement : "I certify that this document and all allachments were prepared under my direction or supervision in accordance with a system designed to assure that personnel properly gathered and evaluated the informa11 The information herein submilled is, to the best of my lcnowl In#. acC11TaJe and complete shall be made availabl years and mroughout B 641 Authorized Signatory. B 642 Confidential Information and Public Access to Records. Enforcement Notices. Equity. Mode of Delivery. .Enforcement notice ;Rc,minder. 47. Without prejudice to any extant law, public access to reco~d~ shall be governed by NESREA Act but effluent constituents and characteristics, shall not be recognized as confidential information. PART VII-ENFORCEMENT 48.-{l) An enforcement notice shall be served where the Agency is of the opinion that an operator has contravened, is contravening or is likely to contravene any condition of a permit. (2) An enforcement notice shall : (a) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be ; (b) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be ; and (c) specify the period within which those steps must be taken. (3) The provisions of sub-regulation (2) (a) of this regulation shall apply whether or not the particular manner of operating the facility in question, is regulated by or contravenes a condition of the permit. (4) An officer of the Agency may, in the course of his duty under these Regulations, at any reasonable time : (a) enter and search any premises or facility to take samples or specimen for analysis, and measurements in length or of level of standards to which these Regulations relate ; and (b) seize and detain for such time as may be necessary for the purpose of these Regulations any article by means of or in relation to which he reason­ ably believes any provision of these Regulations has been contravened. 49. Every facility, body corporate or organisation shall be given equal treat­ ment with respect to inspection and enforcement of relevant laws. 50. An Enforcement notice shall be delivered by hand, registered postor courier, electronic transmission, newspaper publication, or pasted at the facility or registered premises of the organisation. 51.-{I) Where a person fails to comply with the enforcement notice within the specified period as contained under of regulation 48(2) of these Regulations, a second notice shall be served. (2) Failure to comply with the second notice in sub-regulation (I) of this regulation within the specified time limit will lead to issuance of a suspension notice or any other punitive action as may be necessary. 52.-{l) Notice shall be served or any other punitive action taken as may ..... ,ssary. (2) Where a suspension notic1.: is ~\.cd pur. u,mt to thi.: c I cgulation lhc permit shall. on the service of uch noti ·c ci.:a,i.: to h.ivc effect ,,s !-.lah.:d in the notice. (3) fhc Agency ma) w1thdra v ,1 u pi.:n ll1n notI ''lll r vi.:nfying tlul llil.! operator tu s compl11.:d ,~ilh th1: c I c •ul 1t1Nh (4) Nol\ ith tanJ111 • 111 In, hI0I1 it th • I' ,1111.111011,, Ilic Agcm,y sh,111 h '" • th • Pl'\\lf 10 rnllr 11HI i.:,11 rny l,11:1li1y f11111d l(\llfl,1vc11I11i 1 ,IIIy ol till: prmI In11 of th • I c ,,i1,11ic n P I ' \ 111 ( I \ I . I h ll,; ' ( ) j 11 1',1 I , ~l. ll It I.Ill le 1111 ufkn 1'1r ,1 p•r 011 lo <Jpc,all.: any lrentmcnl IJ 1111 (d1 nt.t 111111 l ·1111-, lu11'-. 1rd llf 1C1.)di11g l,11, il11y) will11,111 n~!'.i·,11uli'>n "1th th ) It hnll t ,· ,l llllltr,I\L'lllll'l1 lo, .l Pl'P,011 to 11w111il:1\.:lu1c, i111ron, a'N.!lllble, r Ii II l ·•t' lllllll'I', l'hil le lH l'I crate ,1 d1 m,1111l111g centre or ju11k yard wilho11t n 1"-111 • 11 ,, i ion for it l'lld-Pf life colb;tio11 l '\ It. hJII ll' n n1ntr,l\entio11 fer a fK'rson, orgnnizalion, manufacturer, 11 r 1rt r. :.1' cmL,kr. di-,1rib11tl11 llr motor vehicle lo : ) disc:ird. thl\)\\". dt"l )p ·my motor vehicle or municipal waslc anywhere ~ pt in 1utlwrized ('l)llcction centre; },) dL·p 15~ motor whicle \\aste at dump site, landfill site, water body, or a ) other pla ·e e,cept at the designated recycling plant ; . •) um ~ res or other plastic components in the environment ; re ease Chlorofluorocarbons (CFCs) from cooling system ; tr::m ·pon motor vehicle waste to non-designated recycling plant · i to suppl) infonnation as required for approval to operate treatmen fa·t 10 ma ntain treatment facility in ( an environment friendly) cl' rderl condif on : mply ith the decommissioning condition of tr 111 within a pec1li d pen • nd t R rt B 643 0 II, Ill (,u1u,1l B 644 False Statement. Failure to comply with abatement measures. (c) any other requirement imposed by a notice served by the Agency without reasonable excuse. SS. It shall be a contravention to have in possession a document that is likely to mislead or deceive the Agency or make a statement which is known to be false or misleading particularly, where the statement is made : (a) in purported compliance with a requirement to furnish any information pursuant to the provisions of these Regulations ; (b) for the purpose of obtaining a permit for the body corporate or organisation for variation, transfer or surrender of a permit ; (c) to intentionally make a false entry in any record pertaining lo the permit ; and (d) with intent to deceive, to forge or use a document issued or authorized to be issued under any condition of a permit. 56.-( I) It shall be a contravention if a person fai Is to : (a) take reasonable measures to remove or otherwise treat and dispose of any effluent to minimize adverse effects ; (b) take measures required by the Agency after unauthorized release of effluent ; (c) remediate the environment to the standard prescribed by the Agency ; (d) furnish all information to the inspector; (e) remove equipment containing materials causing release into the environment from place when requested by inspector; (/) produce document when requested by the inspector ; (g) comply with the guidelines with respect to the handling, storing and transport of any effluent ; and (h) ensure the use of Personnel Protective Equipment (PPE) in the course of operational activity in the facility. (2) It shall be an offence for a body corporate or organisation to : (a) handle effluent in a manner which causes adverse effect to human health and the environment ; (b) intentionally obstruct the inspectors from performing their duties ; (c) dismiss, suspend or sanction employees who report any contravention .,. =• Regulations ; impose penalty on any employee who reports cases of contraven 10n • ..,. to the Ageooy ; .,.. .. ..., ..,. . redb a ii 57. It shall be an offence if a person fails to : (a) maintain records of all discharges ; and (b) file quarterly and annual reports of all discharges. 58. It shall be an offence for a person to : (a) release effluent and sludge into the environment beyond the permissible level; (b) fail to report release of etnuent and sludge into the environment in excess of permissible level as contained in these Regulations ; and (c) fail to take reasonable measures to prevent, reduce or remedy the adverse effect of emucnt. sludgr and emissions released inlo the environment. PART IX-FINES/PENALTIES PENALTY 59.-( I) A person who violates the provisions of regulations 53 (I), (2) and (3) (a)-(i) of these Regulations commits an offence and shall on conviction be liable to a fine not less than NS00,000.00, or to imprisonment for a term not less than two years or to both such term and imprisonment. (::!) A person who violates the provisions of regulations 54 to 58 of these Regulations commits an offence and shall on conviction, be liable to a fine not less than N200.000.00 or to imprisonment for a term not less than six months or to both such fine and imprisonment and an additional fine of N5,000.00 for every day the offence subsists . (3) Where an offence under regulations 53 (I), (2) and (3) (a)-(j) of these Regulations is committed by a body corporate, it shall on conviction, be liable to a fine not less than Nl,000, 000.00 and an additional fine ofNS0,000 for every day the offence subsists. PART X-MISCELLANEOUS 60. The environmental performance requirements shall be based upon agreed • and rating for each sector. PART XJ-INTERPRETATIONS lb,gBlations, unless the context otherwise requires : Jrudenm Environmental Standards and Regulations Act,2007; ..... ff ................ .. B 645 Failure to Report. Discharge ofEfnucnt beyond Permissible Level. Fine/ Penally Performan Criteria and Rating. B 646 "wr1:m1 ,m' me ll Ull) m1 llllOr It mm 1tpn~ I ,lllll IH11 a point. non-point or mobtl iu l th, t re ult 111 11r polll I < 11 "wr 17111/111 , ' moh rnt du t(11d 111 lu In in ompo IH n ol 1h , 11 l 1 h) ltnd r sti ,d p.1 11 I 111 "' h11 ub I n i.: 1 p 111 ul 11 111 ll 111d pill I l ,h •· m..: 111 NI I I .A lll 111y olll I r I v,111I < ,., 111 1 ml/ 1 1 (1l 111 I j) • 111)1 r1011p-. ol P' f',1)11" wlto lir111 II ,, It, II 'PJI 1t p Ill cd 111 ll r \..:hil k , I I J I\ ., /I ,II II Ill f,1 if,ti" lllC:.tll', ,111y 1.,, ilily (t 1Jll1 (.,IJ(Jll Ji Jll• ,.,,, I 1unh ,.11d 111J 1 't.:)din") op ,.,tcd hy <111 cst.il1li.,l,111e11L ,,, 1111d rt<,~ 11, '1 1 1 , )Ul 11 ',\1111~111 ,in I ,, h1ch i I ,..:en cd 01 other wi•,e pe1 Ill ii lcd und r o h r ,111) I ·gislatton 111 ,di: in Nig ·ri.,. ai. <,1,11cd i11 fliest.: Reg1ilati,rn, "111t, /•mfr \Imp" m 1n ,111y ind11 try that provides repair uml t.u ''H \\l1rh to 1111. interior rnd body of p.isscngcr cars, trucks, van:, a J r indu 'If) th,11 ::-pcciali,c in certain auto repairs; for cxampk, pu :h 1p. p.1int :ht1p::, ; "B .. ·sr .4.rnilable Tl'chnology (BAT)'' means the latest stage of d~ (:tate of the art) of processes, of facilities or of methods of opc indicate the practical suitability of a particular measure for limiting "Besr Em•;ronmental Practices (BEP)'' means actions carried o t cmironmental impact of a facility; 'body corporate" means an artificial person with perpetual common seal who may sue and be sued in its corporate name • carcass" means worthless body of the vehicle that h m facilit) ; er. e (on centre point" means a centre or point \ h and tored temporarily for the purpo e of r 1.:yclm c,ontwnm~ refrtfl.erunh' "effluent" means waste water treated or untreated that flows out of a treatment plant, sewer, or industrial outfall resulting from the commercial or industrial use of water, generally refers to wastes discharged into surface waters ; "end-of-life" means motor vehicles that have attained end of their usefulness • ' "enforcement" means actions to obtain compliance with environmental laws, rules, regulations and agreements or obtain penalties or criminal sanctions for violations • , "enforcement officer" means : (a) an oflicer ofNESREA who is authorised in writing by NESREA lo act as an enforcement officer for these Regulations, or (b) a person appointed by the Minister responsible for Environment matters, authorising him in writing to act as an enforcement officer for these Regulations ; "c.:11viro111nent" means the sum of all external conditions affecting the life, development and survival of an organism ; "e11riro11111enlal assessment report" means a report prepared for an organisation or body corporate which identifies potential or existing environmental contamination liabilities; "Environmental Audit (EA)" means : (a) an independent verification of current status of a party's compliance with applicable legislative requirement; or (b) an independent evaluation of a party's environmental compliance, policies, practices and control ; "Environmental Impact Assessment (EIA )" means the process of identifying, predicting, evaluating and mitigating the biophysical, social and other relevant effects of development proposals prior to major decisions being taken and commitments made ; "Environmental Impact Statement (EIS)" means a document issued by Federal Ministry responsible for Environment matters after duly completed EIA process ; Environmental Management Plan (EMP)" means a plan that describes the that an organization will follow to maximize its compliance and minimize the environment. This plan also helps an organization map its progre !llilllllievi·1ng continual improvements ; So'Ulld Manner (ESM)" means the best management vemde recyclers that can be used in conjuDCtion w1 ...... standards to ensure compliance with all cauwntal and workers protection B 647 "hazardous wastes" means substances which even in low concentrations are harmful to animals, plants, human health and the environment and may take the form of solids, liquids or sludge. "ICNRP" means International Commission for Non ionization Radiation Protection ; "importer" means a person or body corporate will), in the ordinary course of conduct of a trade, occupation or profession, imports motor vehicle. "influcnt" means either processed wasll: water or rnw water from n river, stream, spring or canal, or water abstracted from underground and usr.:d by" facility; "i11spectio11 c(fficer or inspector" means an offkr.:r who has lhc legal authority to enter focilityi1.:s to conduct an inspection under cnviron111cnlal legislation ( lets). guidelines and policies; "i1111kyard" 1111.:ans any place ofstornge or deposit, of motor vehicle carca~s intended to be lra11sport1.:d to treatment facility ; "/w~~e scale business" means any facility that has more than fifty employee~. "Minister" means the Minister responsible for environment matter5 or the appropriate government structure operating at that lime ; "modtfication" means a change in any activity that may cause an adverse effect if not properly mitigated and includes, but not limited to, the expansion of the same process, addition of product lines and replacement of equipment with different technology other than that presently in use ; "motor vehicle" means a self-propelled wheel that does not move on the rail which includes trucks, trailers, tractors, cars, tricycles, motor cycles, boats e.t.c. ; "motor vehicle and miscellaneous assembly sector" means a facility, or hod1 corporate or organisation involved in manufacturing, assembling, sel"\icmg. maintaining, dismantling or recycling any components contained in th categories of motor vehicle as listed in these Regulations. "permit'' means an official document, authorization, license, or cqu1 al control document issued by the Agency to implement the requirem •nt these regulations to discharge effluent especially for a limited p nod t t "PolybrominaledDipheny/ Ethers (PBDEs)" mean hazardous eh m1 be added to many consumer products found in home others; Orga1tJc Pollwant, (POP,)" mean a gr p • resistant to environmental degradation "p~rmit holder" means a person authorised by a pennit to carry out a specific function • , "person" means a natural and juristic personality including a facility; "~roducer" means the local manufacturer or importer of record of motor vehicle and other motor vehicle components both new and used to be placed on sale at first invoice in the Nigerian market ; "5R" s means Reduce, Repnir, Reuse, Recycle nnd Recover: "recovery" means any opcrntion lending to the crcntio11 or value or material; "rec1di11g" mcnns the reprocessing in a production process or the waste materials for the origin.ii purpose or for other purposes ; "reuse" means any opcrntion by which motor vehicle or components thercor arc used for the same purpose for which they were conceived, including the continued use or the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers ; ".,·cm·l.'11gcr" means a person who searches and picks waste that can be useful fix recycling purposes by people that will convert them lo other useful fonns : "scrl'ici11g" means a series of maintenance procedures carried out at a set time interval or after the vehicle has travelled a certain distance. "sludge" means liquid or solid sediments including other residue from a municipal sewage collection treatment system and liquid or solid and other septic from septic or holding tank pumping from commercial, industrial or residual establishments ; "Small scale business" means any facility that has less than ten employees ; "standards" means a consensus document with limits ; "Treated sludge" means the sludge which has undergone biological, chemical, beat treatment, long tenn storage, or any other appropriate process so as to n,duce or completely eliminate its toxicity or hazards to human and the tlMl'Olll11ent; ,,eutmenl" means any activity after a motor vehicle waste has been handed facility fordepollution, disassembly, shredding, recovery or preparation and any other operation carried out for the recovery or disposal or motor vehicle waste ; Nhicle and components" means secondhand motor vehicle for reuse; .ilc machine that is designed or used to transport bicycles, cars motorcycles y 8 649 Cilat1on "water efficient device" means any device that minimizes the u c of water in the production process ; "wastewater system" means a sewer (c. eluding hou e sewers). conJuil, pump, engine or other appliance used or intended to be used for the I cception, conveyance. removal, treatment and di. po ,ii of effluent ; "watercourse" means any n,1tural or artificial channel, pipe 01 conduit (excluding the sewerage y\lcm), cnrrying, or that may c,my, and dbdt.11~•c'> water directly or indirectly into a wall'r body; "water pC11!11tin11" includes intmduri11g litler, sed1111enl, oil, ~•rc<1 ,c, wn--.h w.iter, debris, storm \\,tier '-)'Stem, ground w:itcr, lln1nr11nl>le liquid.., <,U1,;h n<.. p,1inl, l'tc. i111n \\'11tcrs llf' placing s11clt malcrial where II ,.., likely lo l'ntc1 watcrwnys ; "11.,-i1i11g" includes II: t that is: (11) trun. mittcd by ckctronic means; (/i) n.-ccivcd in legible form ; or (c) capable or being used for subsequent rcl'crencc ; 11 \'ear" means a calendar year commencing on I st January. 62. These Regulations may be cited as the National Environmental (Motc,r Vehicle and Miscellaneous Assembly) Regulations, 2013. SCHEDULE I Regula/ion 2 (lj(c:J GUIDELINES FOR PREPARING ENVTRONMENTAL MANAGEMENT PLAN (EMP J An Environmental Management Plan (EMP) describes the process that ~ organization will follow to maximize its compliance and minimize harm to tt-e environment. This plan also helps an organization map its progres to achieving continual improvements. Regardless of the organization's situation, all environmental pi n include the following elements : (a) policy; (b) planning ; (c) implementation and operation ; • and corrective action ; and review and commitment. are important to ofbelicfs Thme to (a) compliance with legal requirements and voluntary commitments ; (b) minimising waste and preventing pollution ; (c) continual improvement in environmental performance, including areas not subject to these Regulations ; (d) sharing information on environmental performance with the comrnunily. Plcmnin~ : The planning should define the organisation's environmental footprints and set goals. Goals nnd objectives should be focused on maximising their positive impacts on the environment. When evaluating, the following ele­ ments should he considered : (a) impacts on the environment through its activities, products and services: (b) legal requirements associated with protecting the environment; (c) meaningful and focused environmental objectives and targets. lmplementatio11 and Operation: Implementation and operation should de fine the activities that the organisation will perform to meet its environmental objectives and targets. This section should identify the activity that each person is responsible for, ensure completion and set targets for each of the identified activity. In addition, this area should specify employee training, communication and outreach activities that are necessary to ensure successful implementation of the plan. Checking and Corrective Action :The EMP should describe the process that will be followed to verify proper implementation and how problems will be corrected in a timely manner. Routine evaluation and continual improvement on the process is necessary to make sure that the plan successfully leads towards the completion of environmental objectives and targets. Management Review and Commitment to Improvement : Routine .. 11,.ement review and support is a necessary and meaningful tool for the a$ M-tltN-JIL This should identify the routine management evaluations that will to ensure that the plan is appropriately implemented to meet its eljedives. ScHmuLE II Regulatk,n 3( I )(c:) ll1f &--.,cy PRocaua IN Morea V B 651 B 652 (c) issue a Mission Statement in Engli hand local languag(': (d) establish a Schedule and Budget. STEP 2 • ANAL YZE CAl'AOILllll s ANO IIAIARUS This step entail. gathering information about cum.:nt cnp,1bihtics and nhout possible hazard and emergcncic , nncl then conducting u v11lm:rnhil1ty analyw, to detern1ine th facility'. cnpal ilitic for h.,ndlinl} c111crgcncic~. nnd indudc-, the following a lion . (a) whcrc do you . land right now '? (h) meet "ith llU\ ·ictc gmup . (c) identify rndcs nnd regulation:-;. {c/) identity critil'al prod11cts, services and opcralions (c•) identify internal resources and capabilities. {/) identify c'.':lcrnal n:sourccs. l~) do an insuranci: review. Vi) conduct a vulnerability analysis. (i) list potential emergencies. (j) estimate probability. (k) assess the potential human impact. (l) assess the potential business impact. (m) assess the potential property impact. (n) assess internal and external resources. (o) evaluate the capabilities and hazards .. STEP 3 - DEVELOP THE PLAN Emergency planning must become part of the corporate culture. Look for opportunities to build awareness ; to educate and tr 1 personnel ; to test procedures ; to involve all levels of manag m nt deplrtmentS and the community in the planning process ; and to m ke u tl re cn1 part of what personnel do on a day-to-day basis. 4-iMn.EMENT THE PLAN means more than simply exerc111-111 Che plan --­ ... ..an recormPd s ............. ........ STEPS 5 - RISK ASSESSMENT How to assess the risks in your workplace entails the following : (a) identifying the hazards ; (b) deciding who might be hanncd and how : (c) evaluating the risks and dc<.:iding on precautions; (d) recording your findings and implementing them ; and (e) reviewing your .1SSC!iS11H:nt ,111cl updnting if' necessary. Sein 1>uu· Ill Regulation 6 (I) 131 s r PR1\rT'ICEs (I) Ever· industry shall develop a data base for all efnuent generated. (2) [\l'l")' industry shall install. (a) anti-pollution equipment ror the detoxilication/treatment of effluent ,md sludge: (b) efficient effluent treatment plant based on the Best Practicable Technology (BPT) and Best Environmental Practices ; (c) containment equipment for spills in case of accidental discharge; (3) Every person, bodycorporate or organisation shall adopt in-plant waste and energy reduction and pollution prevention strategies. (-l) Ever) person, bodycorporate or organisation shall : (a) provide a buffer zone between a facility and the nearest human settlement in accordance with the Planning Permit ; b) provide appropriate bund walls around tank farms for containment in case of accidental discharges ; ) provide adequate protection (e.g. Shield) for ionizing radiations ema­ nating from manufacturing processes ; and d) report an unusual or accidental discharge of waste from a facility to earest office of the Agency within 24 hours of the discharge. SCIH DUi IV Regulation 7( 1 (2) D F CTI J OF Po1 I U I !UN C1 N Rlll M B 653 B 654 Organization for Pollution Prevention I Polution Control Polution Control Manager Polution Control Supervisor fl Operator/Technician FUNCTIONS : A 8 I Polution Control Operator/Technician (a) manages the pollution control issues of the facility ; (b) assists the Manager and directs the Operators/Technicians ; and (c) deals with technical operations of the pollution abatement equipment. NOTE : (c), depends on the size of the facility; for a large facility there shall be PCM for Air, Land and Water. (2) SPECIFIC DUTIES OF THE POLLUTION CONTROL MANAGER (PCM) The specific duties of the PCM are : (a) to ensure that the responsibilities are very clear for all the staff involved in pollution control ; (b) to ensure that daily pollution control practices are complied with; and ( c) to maintain smooth and proper environmental and safety communications within the facility and the regulatory authorities as well as the host community. (3) CONCRETE PoucrES CoNCERNrNG INDUSTRIES' POLLUTION CONTROL I. Management concerning pollution control of facilities are: (a) improvement and operation of effective environmental management system ; (b) communication with NESREA's headquarters; (c) ability to know when a system is malfunctioning; (d) documentation of the environmental management procedure and control of the records and documents ; and {e) cooperation with interested parties such as other rP.lated companies. • 2. addressing corporate-wide environmental measures entails : (a) recognition of the business risk relative to the environmental manage­ ment system ; (b) recourse management including maintenance of human resources for pollution control and their competency ; (c) establishing a corporate-wide environmental manag1::ment system in­ cluding risk infonnation feed-back system ; and (d) establishing a redundant monitoring, assessment and sdf-1mprovcment system; (c) establishing n contingency plnn and its verification. Sn 1rnuu: V B,\NNl-l) /RESTRICTED Cl llMICALS Regulation 8 (J) Chemical Pesricide CAS Number ROTTERDAM CONVENTION P RT 1: Banned Chemicals and Pesticides Chlordane Chlordimefonn Chlorobenzilate DT Dieldrin salt, potassium salt and sodium Dinoseb and-its salts and esters ED8 (1,2-dibromoethane) dichloride 93-76-5 309-00-2 485-31-4 2425-06-1 57-74-9 6164-98-3 510-15-6 50-29-3 60-57-1 534-52-1 ;2980-64-5;5787-96 2;2312-76-7 88-85-7 I 06-93-4 107-06-2 75-21-8 640-19-7 608-73-1 111-74-1 Sl-89 9 69'2 22-4 B 655 Parathion 56-38-2 Parathion (all formulations - 56-38-2 aerosols, dustable powder (DP), emulsifiable concentrate (EC), granules (GR) and wettable powders (WP) - of this substance are included, except capsule suspensions (CS)) Pentach lorophenol 87-86-5 Toxaphene (Camphechlor) 8001-35-2 dustable powder formulations containing 17804-35-2; 1563-66 a combination of benomyl at or above 7%, 2; I 37-26-8 carbofuran at or above 10% and thiram at or above 15% Methamidophos (Soluble liquid 10265-92-6 formulations of the substance that exceed 600g active ingredient/I) Methyl-parathion (emulsifiable 298-00-0 concentrates (EC) with 19.5%, 40%, 50%, 60% active ingredient and dusts containing 1.5%, 2% and 3% active ingredient) Monocrotoohos 6923-22-4 Phosphamidon (Soluble liquid 13171-21-6 (mixture, • formulations of the substance that (E)&(Z)-isomers) 23783 exceed I 000g active ingredient/I) 98-4 ((Z)-isomer), 297-99-4 ((E)-isomer) Actinolite asbestos 77536-66-4