Governmental Order No. 606 on handling of waste

ORDER No. 606 OF THE GOVERNMENT OF THE SLOVAK REPUBLIC dated 29th September, 1992 on handling of waste Pursuant to Article 13, section (b) of the 238/1991 (Collection of Laws) law on waste, the government of the Slovak Republic has decreed as follows below. PART ONE Fundamental stipulations Article 1 - Subject of the Order 1. The governmental Order on handling of waste (hereinafter referred to as "Order") stipulates general conditions of waste manipulation1), special conditions of handling dangerous waste, waste disposal, and procedural matters related to waste-handling approval applications. 2. For waste - handling purposes, waste is divided into categories and groups in compliance with the Categorization and Catalogue of Waste (hereinafter referred to as the "Catalogue of Waste"). Article 2 - Principal Conceptions The following terms shall be understood as follows below for the purposes of this Order: a. Waste accumulation - Temporary concentration of waste prior to its subsequent handling b. Storage of waste - Temporary stockpiling of waste between individual steps of its handling c. Treatment of waste - Activity, directed toward changing physical or chemical properties of waste d. Processing of waste - Adjustment of waste directed to its further use e. Waste classification - Grouping of waste by categories and types f. Waste utilization - Use of secondary raw materials (reuse as material) or burning of waste in order to produce energy (reuse as energy source) g. Waste incineration - Thermal waste disposal, accomplished in the presence of oxygen, resulting in decomposition of organic matter present in the waste primarily to CO2 and water h. Waste deposition - Permanent stockpiling of waste at waste deposit sites i. Waste deposit site - Land, building or equipment designed for permanent disposal of waste with the purpose of rendering it harmless j. Waste neutralization - Elimination of dangerous waste properties by physical/chemical or biological methods. PART TWO General conditions of handling waste Article 3 - Waste classification in the Catalogue of Waste The waste originator (hereinafter referred to as "originator") shall classify waste immediately upon its occurrence in compliance with the Catalogue of Waste. Article 4 - Accumulation, classification and storage of waste 1. The originator shall accumulate and classify waste by types3) already at the location of its occurrence. 2. Waste may be mixed with other waste types or other materials only if such mixing forms part of its further use or neutralization. 3. Waste may be stored only if such storage is unavoidable for further handling thereof, for the duration of one year at most provided the waste is classified by types. Sites for such storage shall be designed, built and operated so as to exclude the possibility of negative environmental impacts, using the applicable stipulations of Article 14,19,20, 21-Section 4, and Article 22 through 25 of this Order. Article 5 - Treatment of waste 1. Treatment of waste is performed to provide for possibilities of its reuse, improved transport or reduction of demands related to its disposal. 2. Individual methods of waste treatment may only be applied if they were verified under laboratory conditions, and in pilot plants or full-scale plants. Article 6 - Processing of waste 1. Waste is processed in order to ensure maximum possible reuse of its separable and utilizable parts mainly within the production process itself, and to reduce the subsequently occurring waste as much as possible, providing for physical and chemical properties with minimum negative impact upon the environment. 2. Waste of plant origin, animal excrements, biological sludge from water treatment plants and similar waste shall be preferentially processed biologically, and such biological processing shall have preference before their disposal. Special instructions on composting shall remain in force4). Article 7 - Utilization of waste 1. Material reuse of waste shall be preferred before its reuse as energy source. 2. The originator must reuse his waste if he has suitable technical equipment available for the purpose, and if the costs of such reuse are comparable to those necessary for rendering such waste harmless. PART THREE Special conditions for handling of dangerous waste Article 8 1. The originator must ensure disposal of dangerous waste preferentially before other waste . 2. Dangerous waste containing polychlorinated biphenyls and polychlorinated terphenyls shall be disposed of by incineration in equipment designed for the purpose. Other methods of disposal of this waste may only be applied on the base of a certificate issued by natural persons or legal entities authorized to issue certificates in matters of waste5). 3. Prior to deposition at waste deposit sites, dangerous waste must be processed by methods ensuring substantial reduction of its dangerous properties, volumes or weights. 4. When disposing of dangerous waste by deposition at waste deposit sites, site operators must ensure such deposition so as to prevent the occurrence of undesirable reactions in the waste which could endanger safety of the site operation. 5. Operators of storage sites, handling locations and containers with dangerous waste must identify them with dangerous waste-identification sheets, prepared with the use of specifically issued forms6). Storage of dangerous waste in containers shall be subject of special instructions7). 6. Identification sheets pursuant to Section (5) above, and a warning symbol must also be used to designate external packages8) containing dangerous waste. 7. Transport of dangerous waste is subject to special rules9) and must be organized so as to reduce risks from the aspect of environmental protection as much as possible. Article 9 Each person engaged in handling of dangerous waste must provide for the following: a. Prepare an emergency plan with detailed description of measures applicable in an emergency, b. Use strong and sealed packages, able to withstand stress during storage, transport and after deposition, c. Pack waste safely and in accordance with the purpose of its subsequent handling, determine the process and conditions to be used in unpacking. Article 10 1. Originators of dangerous waste shall, in any one case of occurrence of a new dangerous waste type provide for analysis of its properties in compliance with Annex 1 of this Order in order to determine the dangerous properties of such waste as well as detailed conditions of its handling. 2. In case the originator, having carried out analyses in accordance with Annex 1 of this Order established that a waste, categorized in the Catalogue of Waste as special waste having or potentially having dangerous properties, had in fact no such dangerous properties, he can apply to the respective district environmental office authorized to give approval for handling of dangerous waste10) for a ruling that the waste in question is not dangerous. Applications to this effect shall be accompanied with the analysis of properties of the waste in compliance with Annex 1 of this Order, and the waste shall be deemed as dangerous waste until issuance of the above ruling to the contrary. 3. Originators of dangerous waste shall, prior to treating such waste, or prior to its disposal provide for the analysis of its composition in order to determine specific methods and conditions necessary for such treatment and/or disposal. Such analysis of the waste composition shall be performed in accordance with Annex 2 to this Order. 4. If designed for official purposes, analyses of dangerous waste properties and analyses of waste composition pursuant to Section (2) and (3) above shall be prepared by natural persons or legal entities authorized to issue certificates in matters of waste5). PART FOUR Disposal of waste SCHEDULE I. Joint stipulations Article 11 1. Waste shall be rendered harmless by (a) incineration, (b) site deposition, (c) neutralization, 2. When rendering waste harmless by neutralization the process to be followed is identical to that applicable to the treatment of waste. Article 12 1. Waste may only be rendered harmless at premises, objects and equipment designed and approved for the purpose, operated in accordance with approved operating instructions (hereinafter referred to as "equipment"), unless otherwise specified by this Order. 2. Changes of the equipment operation may only be carried out by the operator with approval of the respective environmental office11). 3. Waste which cannot be disposed of in existing equipment may be stored until such disposal could be effected. In such case the stipulation of Article 4, Section 3, first sentence shall not apply. Storage operation must be based on operating instructions which must comply with conditions pursuant to Article 13, Section 1 of this Order. 4. Upon termination of waste storage in the equipment, or termination of operation of such equipment the operator shall provide for measures necessary to monitor and/or eliminate any negative environmental impacts, particularly: a. ensure any necessary decontamination, b. provide for recultivation of the equipment site, c. follow possible environmental impacts of waste deposits as specified during operation of the equipment, at least once every 5 years for a total of 50 years from termination of waste disposal operations at the site. 5. Equipment operators may refuse acceptance of waste if no previous agreement on such acceptance had been reached, or if the operator is not authorized to dispose of the type of delivered waste. Article 13 - Operating instructions of the equipment 1. Operators shall prepare operating instructions of their respective equipment, comprising mainly the following: a. Name and site of business of the operator, including the names of persons responsible for the operation, b. Data on commencement of operations, service life of the equipment and its capacity, c. Technical description of the equipment, d. Organizational and technical provisions to ensure operation of the equipment and its safety, e. Labour safety conditions in the operation, f. Rules of operation and maintenance of the equipment, g. Emergency measures, h. List of waste types, the disposal of whose the operator is authorized of, i. Approval of operating instructions by the respective environmental office12), j. In the case of deposit sites, determination of the incoming waste control and its deposition methods, k. Method of operation and evaluation of the monitoring system in the equipment; in the case of deposit sites also the fulfillment method of obligations pursuant to Article 12, Section 4, Subsection (c) of this Order. 2. In case of changes in the equipment operation, operators shall adapt. the operating instructions to such changes, and apply for approval of such changes to the respective environmental office13). 3. Operating instructions must be kept at an accessible location of the equipment. Article 14 - Operational records of the equipment 1. The operator shall keep operational records of the equipment where the following particular data shall be entered: a. Daily quantities and types of waste accepted for disposal, including the names of their originators and/or of others wishing to dispose of waste, and locations where such waste was deposited, b. Waste not accepted pursuant to Article 13, Section 5 of this Order, c. Daily quantities and types of waste disposed of, d. Disposal of solid and liquid waste resulting from the process of disposal, e. Samples of waste and results of their analyses, f. Technical conditions of the equipment, g. Operational failures and defects of the equipment, and applied corrective measures, h. Duration of use of the equipment, i. Shutoff of the equipment, j. Maintenance of the equipment, k. Names of employees responsible for the operation of the equipment on the day of recording, l. Adherence to limits and special technical conditions, specified for operation of the equipment. 2. The operational records shall be kept by the operator for the period of 50 years in the case of deposits, and 10 years in other equipment types from termination of the waste disposal operations in the equipment. Article 15 - Operational part of the equipment 1. The following must be located in the operational part of the equipment: a. Information table showing the name and site of the operator, working hours and list of waste types accepted for disposal, b. Object of the operations, c. Equipment enabling determination of the waste quantities, d. Firefighting equipment, e. Other equipment as may be required by the operations. 2. The operational part is used by the equipment operator for the purpose of incoming inspection of the quantity and type of delivered waste. SCHEDULE II Disposal of waste by incineration Article 16 (1) Waste shall be disposed of by incineration mainly if containing prevailingly organic materials. (2) Special rules are applicable for the establishment, construction and operation of waste disposal equipment by incineration (hereinafter referred to as "incinerators"). One of the conditions for operating incinerators is to ensure deposition of waste finally resulting from the process of combustion at a waste deposit designed for this waste type. 3. Waste may in justified cases be incinerated in technological objects14) not designed for the purpose. For operating such objects, pertinent stipulations of this Order related to incinerators shall be appropriately applicable. 1. Separate storage space must be established for the following types of waste in incinerators and technological objects: a. solid waste, b. paste-like waste c. liquid waste, d. waste contaminated with halogenated compounds. 5. Individual waste types2) may be mutually mixed in order to provide for optimum combustion. 1. Operators of incinerators are originators of waste, resulting from the combustion process. 2. In case of incinerator failure the operator shall, until correction of the defect, ensure storage of accepted waste designated for disposal in the equipment. 3. Applicants for approval of dangerous waste incinerator operation pursuant to Article 4, Section 2, Subsection (a) of the Waste Act shall submit results of a combustion test of such waste performed in a similar equipment and certified by a natural person or legal entity, authorized to issue expert certifications in matters related to waste5). SCHEDULE III Waste disposal by deposition Article 17 - Waste not suitable for deposition The following waste must not be deposited: a. Liquid waste, unless kept in closed containers, b. Explosive waste, c. Containers containing pressurized gases, d. Materials reacting violently in contact with water, mainly by developing heat or gases, e. Self-igniting materials and Class I combustibles15), f. Waste which may spread infectious diseases16) or mass sickness of animals17), g. Non-decontaminated waste from health care institutions18), h. Waste containing harmful substances in excess of the amounts shown in Annex 3 to this Order. Article 18 - Waste extractability classes 1. Extracts in the context of this Order are defined as solutions of substances, dissolved in deionized water and prepared by extraction of one part of dry matter with ten parts of water at 20 OC ± 3 OC in the course of 24 hours. 2. Originators shall classify waste by the quality of the extracts into four extractability classes in accordance with Annex 4 to this Order. 3. Extract of Class I extractability waste must not exceed the values specified in Table 1 of Annex 4 to this Order. Should the underground water into which water from waste deposits has been leaked show inferior quality with respect to one or more parameters specified in the above Table, then such parameters are decisive for the classification of waste as Class I extractability. Non-extractable waste cannot be included into this waste extractability class. 4. Extract from waste of Class II extractability shall not exceed values shown in Table 2 of Annex 4 to this Order. Extractability class II includes extract from waste exceeding the limit values shown in this table in three parameters at most, with the exception of those to whom Note 2 is applicable. Extract from Class II extractability waste may be released into surface recipients following to mechanical treatment. 5. Extract from waste of Class III extractability shall not exceed values shown in Table 3 of Annex 4 to this Order. Extractability class III includes extract from waste exceeding the limit values shown in this table in three parameters at most, with the exception of those to whom Note 2 is applicable. 6. The following waste types must be handled as Class III extractability wastes in waste deposits: a. Municipal garbage (Group 91)2), b. Unclassified solid waste c. Food articles with warranty periods lapsed (type code 11102)2), d. Raw compost, a. Waste from crushed (scrapped) motor vehicles (type code 35103)2). (7) Waste whose extract cannot be classified as Class III extractability shall be classified Class IV extractability. Establishment of waste deposits Article 19 - Selection of deposit locations 1. Special rules are applicable for the selection of waste deposit locations19). 2. In case deposits are to be established in the following locations: a. Immediate vicinity of settlements, b. Land, designated or prevailingly used for tourism and recreation, c. Land with water streams, wells and springs, d. Land affected by erosion, e. Land temporarily endangered by flood, unless declared as an inundation area, f. Land necessary to maintain the ecological balance20), then the environmental office of jurisdiction21) can, in its standpoint issued to such establishment pursuant to Article 4, Section 2, Subsection (a) of the Waste Act define requirements applicable to such establishment over and above the stipulations of this Order in order to minimize environmental pollution, in accordance with possibilities offered by state-of-art science and technology. 3. The essential evaluations applicable to selections of land for waste deposition purposes include mainly engineering geological, hydrogeological, biological, water management, climatic and demographic aspects, location accessibility and secure deposit sealing possibility aspects22). Article 20 - Waste deposit construction classes 1. Waste deposits are divided into three construction classes depending on the extractability class of the waste they are permitted to accept. The construction design of the deposit sealing system is defined by Annex 5 to this Order, in dependence on the deposit site subground. 2. Deposits of the first construction class may be used to deposit waste whose extract quality does not exceed the Class I limit values. Waste whose extract, after having been treated in compliance with Article 21, Section 1 of this Order fails to meet requirements of Class I extractability may not be deposited in these deposits. 3. Deposits of the second construction class may accept waste whose extract quality does not exceed the extractability class II limit values. 4. Deposits of the third construction class may accept waste whose extract quality does not exceed the extractability class III limit values. Article 21 - Specially designated waste deposits 1. Waste whose extract is classified as extractability class IV shall be adjusted with the objective that its aqueous extract would, after such adjustment, meet at least the requirements specified for Class III extractability. 2. In case the extract quality of waste failed to meet at least the requirements for extractability class III even after being adjusted in accordance with Section (1) above, and the waste cannot be disposed of by other methods, it shall be deposited on specially designated deposits. 3. For the establishment of specially designated waste deposits the stipulations of Article 19, Section 2 of this Order are applicable. 4. The environmental office of jurisdiction11) can, in its approval of operations issued for specially designated waste deposits pursuant to Article 4, Section 1, Subsection (a) of the Waste Act specify requirements for such operation over and above the framework of this Order in order to minimize environmental pollution in accordance with the possibilities of state-of-art science and technology. Monitoring system of waste deposits Article 22 - Monitoring of influence on subground and seepage waters 1. Waste deposits must be provided with a system enabling monitoring of their influence upon underground waters. Such systems must consist of at least two observation objects, one of which is located upstream and the other downstream to the site body with respect to the subground water flow direction. 2. Observation objects according to Section (1) above shall be used to inspect the odour, colour, turbidity, oxygen content, acidity and alkalinity (pH value), conductance, evaporation residue and chemical oxygen demand (COD). Monitoring of other parameters may be required by the environmental office of jurisdiction in its standpoint to the site establishment23) and in its approval of the site operation11) depending on the types of waste and their extractability classes pursuant to Annex 4 of this Order. 3. Regular analyses of the deposit seepage quality must be carried out as part of the site observation system. Analyses shall be performed at least semiannually in deposits holding only one type of waste, and at least quarterly in other deposits. The quantity of seepage shall be monitored in at least weekly intervals. 4. Analyses pursuant to Section (3) above shall include temperature, colour, turbidity, odour, acidity and alkalinity (pH), conductance, redox potential, chemical oxygen demand (COD), polyhalogenated organic substances and ammonia (NH4+). Article 23 - Observation of gas evolution in deposits 1. In case of assumed evolution of gases a draw-off system must be built in the waste deposit. 2. The amount and composition of gas shall be determined at least semiannually. The presence of hydrogen sulfide (H2S), methane (CH4) and carbon dioxide (CO2) shall be particularly monitored. 3. Monitoring of other gaseous components may be ordered in the standpoint to the site establishment23). 4. More frequent gas monitoring intervals may be ordered in the operating approval of the deposit11) depending on the gas quantity and concentration. Operation of waste deposits Article 24 - Operating conditions 1. The operation of waste deposits depends on their class of construction and on the type of deposited waste. 2. The following conditions are applicable: a. Access road to the deposit24) b. Hard-surface roads within the deposit site c. Fence around the site perimeter, at least 2.5 m high or a different method of preventing access of unauthorized persons to the deposit d. Operational part of the site in accordance with Article 15 of this Order e. Meeting the requirements specified for individual site construction classes in accordance with Annex 5 to this Order f. Operating instructions of the deposit pursuant to Article 13 of this Order g. Presence of a person responsible for the site operation during working hours h. Securing of deposited waste against misappropriation or other undesirable removal. Article 25 - Removal of seepage and gases from deposit 1. Seepage which is not returned into the deposit body shall be continuously removed. If such removal is not practicable, seepage must be accumulated in containers in the site area outside of the waste deposition location. In case the seepage has a penetrating odour, accumulating containers must be closed and sealed off from the surroundings. 2. Special rules are applicable to the removal of seepage from waste deposits25). 3. Gases evolving in waste deposits must be drawn off. If an explosive concentration26) cannot be formed and the gases are not toxic and odourless, they may be left to escape freely through the deposit surface; otherwise special equipment must be constructed for their removal, particularly gas collecting shafts secured against unauthorized access. In case the gas formation rate exceeds the spontaneous shaft ventilation rate (passive gas removal), exhausters must be used (active gas removal). Shutdown and recultivation of waste deposits Article 26 - Shutdown of waste deposit sites 1. Upon termination of operations, operators shall shut the waste deposit site down. The deposit surface must be sealed using a method which ensures the same sealing properties as that used in the construction of the deposit bottom, with exception of deposits holding only waste of Class I extractability. 2. The method of shutoff must be in accordance with the type of waste deposited at the site, and with the future use of the site surface. 3. Site operators must ensure draw-off of gases evolving in the deposit also in the period after its shutoff. 4. The site surface must be sealed: a. to exclude penetration of groundwater into the deposit body, b. to ensure resistance against settlement of the deposit, c. to enable recultivation of the site. Article 27 - Recultivation of the deposit site 1. Recultivation of the deposit site is defined as its incorporation into the surrounding land without disturbance. No trees must be planted whose root systems might damage the surface sealing function of the deposit. PART FIVE Applications for approval/specification of special conditions to waste originators and disposal site operators Article 28 - Operation of waste disposal equipment Applications for approval to operate waste disposal equipment27) must particularly show the following: a. List of waste types to be disposed of in the equipment b. Description and specification of the technological processes used for waste disposal c. Essential specifications of the equipment d. Method of ensuring professional technical inspection of the equipment operation e. Date of commencement of operations. Article 29 - Handling of dangerous waste 1. Applications for approval to handle dangerous waste28) must particularly show the following: a. List of dangerous waste types to be handled b. Method of waste transportation c. Individual methods of treatment and disposal of dangerous waste and the related material balances d. Proof of suitability of treatment and disposal methods e. Method of ensuring fulfilment of obligations pursuant to Article 8-9 of this Order f. Proposed range of analysis of the dangerous waste composition. 2. The originator shall consider the following conditions in the proposed range of waste analysis: Process resulting in the occurrence of dangerous waste Results of property analyses of the dangerous waste in compliance with Annex 1 to this Order Method of treatment and/or disposal of the dangerous waste Requirements of the equipment operator with respect to the treatment and/or disposal of waste, whereas the fundamental range of composition analysis of dangerous waste is specified in Annex 2 to this Order. Applications to reduce the range of analysis as specified in Annex 2 must be substantiated by the originator. Article 30 - Commercial activities in the field of waste handling 1. Commercial activities in the field of waste handling are characterized as licence-subjected business29). 2. The standpoints of the environmental office of jurisdiction30) issued to licence applications31) shall be based: a. on lists of waste types and categories2) to be handled within the business activities, b. on education and professional experience of applicants, c. on the qualification of the applicant to meet the waste handling obligations as required by law. Article 31 - Export, import and transit of waste 1. Applications for approval of import of waste into the territory of the Slovak Republic, export of dangerous waste and transit of waste through the territory of the Slovak Republic32) shall be submitted on a special form33). 2. Applications for approval to import waste to the territory of the Slovak Republic must, in addition to the points listed in the special form pursuant to Section (1) above, show the following data: a. Purpose of the waste import b. Method of use or disposal of the imported waste c. In case of use of the imported waste as a secondary raw material source: (i) Proof that comparable waste of domestic origin in a volume at least equaling that of the import shall be simultaneously utilized, ii. Proof of the method of disposal of waste occurring in the process of treatment of the imported waste into secondary raw materials, type and amounts of such waste, d. Declaration of the waste consignee that he shall accept all imported quantity of waste. 3. Applications for approval of imports of waste, imported with the purpose of its disposal must be accompanied with documents demonstrating fulfilment of the conditions as stipulated by Article 3, Section 4, Subsection (a) through (c) of the Waste Act. 1. Applications for approval of export of dangerous waste from the territory of the Slovak Republic must be accompanied with a written approval of the importing country of such waste import, and/or with a similar approval of the transit country of the waste transit, respectively. 2. The Ministry of Environment of the Slovak Republic shall evaluate applications pursuant to Section (3) above mainly from viewpoints of environmental protection, and equalification of the applicant to meet the conditions specified by law. Article 32 - Application for determination of special conditions of waste disposal to originators and equipment operators Applications for the determination of special conditions34) must show the following: a. Evaluation of the waste handling status as specified by Annex 6 to this Order, b. Proposal of the required special conditions, including their recommended duration, c. Reasons for which obligations specified by law cannot be fulfilled, d. Proposed measures, including their time schedule, to bring handling of waste into accordance with the Waste Act. PART SIX Legal effects Article 33 This Order shall become effective on the day of its promulgation.