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S.L. 549.63 · Waste Regulations (S.L. 549.63)

S.L. 549.63 Art. 38Saving.

PART VIII

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Waste management permits issued under the Waste Management (Permit and Control) Regulations, 2001, which regulations are being revoked by these regulations, shall be construed as valid until their term of expiry or until superseded by a permit issued under these regulations. SCHEDULE 1

DISPOSAL OPERATIONS D 1 Deposit into or on to land (e.g. landfill, etc.) D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards etc.) D 3 Deep injection (e.g. injection of pumpable discards into wells, naturally occurring repositories, etc.) D 4 Surface impoundment (e.g. placement of liquid or sludgy discards ponds or lagoons, etc.) D 5 Specially engineered landfill (e.g. placement into lined discrete are capped and isolated from one another and the environment, D 6 Release into a water body except seas/oceans

D 7 Release to seas/oceans including sea-bed insertion D 8 Biological treatment not specified elsewhere in this Schedule in final compounds or mixtures which are discarded by means operations numbered D 1 to D 12

D 9 Physico-chemical treatment not specified elsewhere in this Schedule results in final compounds or mixtures which are discarded by of the operations numbered D 1 to D 12 (e.g. evapora calcination, etc.) D 10 Incineration on land D 11 Incineration at sea (*)

D 12 Permanent storage (e.g. emplacement of containers in a mine, D 13 Blending or mixing prior to submission to any of the operations † 1 to D 12 ( ) D 14 Repackaging prior to submission to any of the operations numbered 13 D 15 Storage pending any of the operations numbered D 1 to D temporary storage, pending collection, on the site where produced) (‡)

*This operation is prohibited by EU legislation and international conventions. †If there is no other D code appropriate, this can include preliminary operations prior to pre-processing such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, or separating prior to submission to any of the operations numbered D1 to D12. ‡Temporary storage means preliminary storage according to regulation 4. SCHEDULE 2 Amended by: L.N. 382 of 2015; RECOVERY OPERATIONS L.N. 146 of 2021. * principally as a fuel or other means to generate energy ( ) Solvent reclamation/regeneration Recycling/reclamation of organic substances which are not used as solvents † composting and other biological transformation processes) ( ) Recycling/reclamation of metals and metal compounds (‡) § Recycling/reclamation of other inorganic materials ( ) Regeneration of acids or bases Recovery of components used for pollution abatement

Recovery of components from catalysts re-refining or other reuses of oil treatment resulting in benefit to agriculture or ecological improvement of waste obtained from any of the operations numbered R 1 to R 10 Exchange of waste for submission to any of the operations numbered R 1 to

Storage of waste pending any of the operations numbered R 1 to R 12 temporary storage, pending collection, on the site where the waste is )

incineration facilities dedicated to the processing of municipal solid waste only where their is equal to or above: installations in operation and permitted in accordance with applicable Community legislation 2009, installations permitted after 31 December 2008,using the following formula: = (Ep - (Ef + Ei))/(0.97 × (Ew + Ef))

energy produced as heat or electricity. It is calculated with energy in the form of electricity by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year) energy input to the system from fuels contributing to the production of steam (GJ/year) energy contained in the treated waste calculated using the net calorific value of the waste energy imported excluding Ew and Ef (GJ/year) accounting for energy losses due to bottom ash and radiation. be applied in accordance with the reference document on Best Available Techniques for efficiency formula value will be multiplied by a climate correction factor (CCF) as shown installations in operation and permitted in accordance with applicable Union legislation before 1

> = 3 350 HDD < = 2 150 x HDD + 1,698 when 2 150 < HDD < 3 350 installations permitted after 31 August 2015 and for installations under 1 after 31 December

> = 3 350 HDD < = 2 150 x HDD + 1,335 when 2 150 < HDD < 3 350 value of CCF will be rounded at three decimal places). (Heating Degree Days) should be taken as the average of annual HDD values for the location, calculated for a period of 20 consecutive years before the year for which CCF is calculation of the value of HDD the following method established by Eurostat should be equal to (18°C – Tm) x d if Tm is lower than or equal to 15°C (heating threshold) and is nil if 15°C; where Tm is the mean (Tmin + Tmax)/2 outdoor temperature over a period of d days. to be executed on a daily basis (d=1), added up to a year. SCHEDULE 3 Substituted by: L.N. 382 of 2015. Amended by: L.N. 146 of 2021. PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS

HP 1 "Explosive": waste which is capable by chemical reaction gas at such a temperature and pressure and at such a speed as to cause surroundings. Pyrotechnic waste, explosive organic peroxide waste self-reactive waste is included. When a waste contains one or more substances classified by one class and category codes and hazard statement codes shown in Table shall be assessed for HP 1, where appropriate and proportionate, according methods. If the presence of a substance, a mixture or an article indicates waste is explosive, it shall be classified as hazardous by HP 1.

Table 1: Hazard Class and Category Code(s) and Hazard statement waste constituents for the classification of wastes as hazardous by HP Hazard Class and Category Code(s) Hazard statement Code(s) Unst. Expl. H 200 Expl. 1.1 H 201 Expl. 1.2 H 202 Expl. 1.3 H 203 Expl. 1.4 H 204 Self-react. A H 240 Org. Perox. A Self-react. B H 241 Org. Perox. B

HP 2 "Oxidising": waste which may, generally by providing oxygen, contribute to the combustion of other materials. When a waste contains one or more substances classified by one class and category codes and hazard statement codes shown in Table shall be assessed for HP 2, where appropriate and proportionate, according methods. If the presence of a substance indicates that the waste is oxidising, be classified as hazardous by HP 2.

Table 2: Hazard Class and Category Code(s) and Hazard statement the classification of wastes as hazardous by HP 2: Hazard Class and Category Code(s) Hazard statement Code(s) Ox. Gas 1 H 270

† This includes preparing for re-use, gasification and pyrolysis using the components recovery of organic materials in the form of backfilling ‡ This includes preparing for re-use § This includes preparing for re-use, recycling of inorganic construction materials, recovery materials in the form of backfilling, and soil cleaning resulting in recovery of the soil **If there is no other R code appropriate, this can include preliminary operations prior to preprocessing such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, conditioning, repackaging, separating, blending or mixing prior to submission to any numbered R1 to R11. ††Temporary storage means preliminary storage according to regulation 4. Ox. Liq. 1 H 271 Ox. Sol. 1 Liq. 2, Ox. Liq. 3 H 272 Sol. 2, Ox. Sol. 3

"Flammable": liquid waste having a flash point below 60°C or flammable liquid waste: waste gas oil, diesel and light heating oils having a flash point > 55°C and ≤ 75°C; solid or liquid waste flammable pyrophoric liquid and solid waste: which, even in small quantities, is liable to ignite within five minutes after coming into contact with air; flammable solid waste: solid waste which is readily combustible or may cause or contribute to fire through friction; gaseous waste which is flammable in air at flammable gaseous waste: 20°C and a standard pressure of 101.3 kPa; waste which, in contact with water, emits water reactive waste: flammable gases in dangerous quantities; other flammable waste: flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.

waste contains one or more substances classified by one of the following and category codes and hazard statement codes shown in Table 3, the assessed, where appropriate and proportionate, according to test presence of a substance indicates that the waste is flammable, it shall as hazardous by HP 3.

Hazard Class and Category Code(s) and Hazard statement Code(s) for constituents for the classification of wastes as hazardous by HP 3: and Category Code(s) Hazard statement Code(s) Flam. Gas 1 H220 Flam. Gas 2 H221 Aerosol 1 H222 Aerosol 2 H223 Flam. Liq. 1 H224 Flam. Liq. 2 H225 Flam. Liq. 3 H226 Flam. Sol. 1 H228 Flam. Sol. 2 Self-react. CD H242 Self-react. EF Org. Perox. CD Org. Perox. EF Pyr. Liq. 1 H250 Pyr. Sol. 1 Self-heat.1 H251 Self-heat. 2 H252 Water-react. 1 H260 Water-react. 2 H261 Water-react. 3

HP 4 "Irritant - skin irritation and eye damage": waste which can cause skin irritation or damage to the eye. When a waste contains one or more substances in concentrations above value, that are classified by one of the following hazard class and category hazard statement codes and one or more of the following concentration exceeded or equalled, the waste shall be classified as hazardous by HP The cut-off value for consideration in an assessment for Skin corr. Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1%. If the sum of the concentrations of all substances classified as

(H314) exceeds or equals 1%, the waste shall be classified as hazardous HP 4. If the sum of the concentrations of all substances classified as H318 equals 10%, the waste shall be classified as hazardous according to HP If the sum of the concentrations of all substances classified H315 exceeds or equals 20%, the waste shall be classified as hazardous according Note that wastes containing substances classified as H314 (Skin 1C) in amounts greater than or equal to 5% will be classified as hazardous HP 4 will not apply if the waste is classified as HP 8.

HP 5 "Specific Target Organ Toxicity (STOT) / Aspiration Toxicity": which can cause specific target organ toxicity either from a single exposure, or which cause acute toxic effects following aspiration. When a waste contains one or more substances classified by one following hazard class and category codes and hazard statement codes Table 4, and one or more of the concentration limits in Table 4 equaled, the waste shall be classified as hazardous according to substances classified as STOT are present in a waste, an individual substance be present at or above the concentration limit for the waste to be hazardous by HP 5.

When a waste contains one or more substances classified as Asp. sum of those substances exceeds or equals the concentration limit, the classified as hazardous by HP 5 only where the overall kinematic viscosity 2 * does not exceed 20.5 mm /s.

Table 4: Hazard Class and Category Code(s) and Hazard statement waste constituents and the corresponding concentration limits for the of wastes as hazardous by HP 5: Hazard Class and Hazard statement Code(s) Concentration Category Code(s) limit STOT SE 1 H370 1% STOT SE 2 H371 10% STOT SE 3 H335 20% STOT RE 1 H372 1%

* The kinematic viscosity shall only be determined for fluids. RE 2 H373 10% Tox. 1 H304 10% "Acute Toxicity": waste which can cause acute toxic effects following administration, or inhalation exposure. of the concentrations of all substances contained in a waste, classified toxic hazard class and category code and hazard statement code given exceeds or equals the threshold given in that table, the waste shall be hazardous by HP 6. When more than one substance classified as acute present in a waste, the sum of the concentrations is required only for within the same hazard category. following cut-off values shall apply for consideration in an assessment: For Acute Tox. 1, 2 or 3 (H300, H310, H330, H301, H311, H331): 0.1%; For Acute Tox. 4 (H302, H312, H332): 1%.

Hazard Class and Category Code(s) and Hazard statement Code(s) for constituents and the corresponding concentration limits for the classification hazardous by HP 6: and Category Hazard statement Concentration Code(s) Code(s) limit Tox.1 (Oral) H300 0,1% Tox. 2 (Oral) H300 0,25% Tox. 3 (Oral) H301 5% Tox. 4 (Oral) H302 25% Tox.1 (Dermal) H310 0,25% 2 (Dermal) H310 2,5% 3 (Dermal) H311 15% 4 (Dermal) H312 55% 1 (Inhal.) H330 0,1% 2 (Inhal.) H330 0,5% 3 (Inhal.) H331 3,5% 4 (Inhal.) H332 22,5%

"Carcinogenic": waste which induces cancer or increases its incidence. waste contains a substance classified by one of the following hazard class codes and hazard statement codes and exceeds or equals one of the concentration limits shown in Table 6, the waste shall be classified as HP 7. When more than one substance classified as carcinogenic is waste, an individual substance has to be present at or above the limit for the waste to be classified as hazardous by HP 7.

Hazard Class and Category Code(s) and Hazard statement Code(s) for constituents and the corresponding concentration limits for the classification hazardous by HP 7: Hazard Class and Category Hazard statement Concentration Code(s) Code(s) limit Carc. 1A H350 0,1% Carc. 1B Carc. 2 H351 1,0%

HP 8 "Corrosive": waste which on application can cause skin corrosion. When a waste contains one or more substances classified as Skin 1C (H314) and the sum of their concentrations exceeds or equals 5%, be classified as hazardous by HP 8.

The cut-off value for consideration in an assessment for Skin corr.

(H314) is 1.0 .

HP 9 "Infectious": waste containing viable micro-organisms or which are known or reliably believed to cause disease in man or organisms. HP 10 "Toxic for Reproduction": waste which has adverse effects function and fertility in adult males and females, as well as developmental the offspring. When a waste contains a substance classified by one of the following and category codes and hazard statement codes and exceeds or equals following concentration limits shown in Table 7, the waste shall hazardous according to HP 10. When more than one substance classified reproduction is present in a waste, an individual substance has to be above the concentration limit for the waste to be classified as hazardous

Table 7: Hazard Class and Category Code(s) and Hazard statement waste constituents and the corresponding concentration limits for the of wastes as hazardous by HP 10: Hazard Class and Category Hazard statement Concentration Code(s) Code(s) limit Repr. 1A H360 0,3% Repr. 1B Repr. 2 H361 3,0%

HP 11 "Mutagenic": waste which may cause a mutation, that is change in the amount or structure of the genetic material in a cell. When a waste contains a substance classified by one of the following and category codes and hazard statement codes and exceeds or equals following concentration limits shown in Table 8, the waste shall be hazardous according to HP 11. When more than one substance mutagenic is present in a waste, an individual substance has to be present the concentration limit for the waste to be classified as hazardous by

Table 8: Hazard Class and Category Code(s) and Hazard statement waste constituents and the corresponding concentration limits for the of wastes as hazardous by HP 11: and Category Hazard statement Concentration Code(s) Code(s) limit 1A H340 0,1% Muta. 1B Muta. 2 H341 1,0%

"Release of an acute toxic gas": waste which releases acute toxic gases 2 or 3) in contact with water or an acid.

waste contains a substance assigned to one of the following supplemental EUH029, EUH031 and EUH032, it shall be classified as hazardous by HP 12 test methods or guidelines. "Sensitising": waste which contains one or more substances known to sensitising effects to the skin or the respiratory organs. waste contains a substance classified as sensitising and is assigned to one statement codes H317 or H334 and one individual substance equals or concentration limit of 10%, the waste shall be classified as hazardous by

"Ecotoxic": waste which presents or may present immediate or delayed or more sectors of the environment.

which fulfils any of the following conditions shall be classified as HP 14:

Waste which contains a substance classified as ozone depleting assigned statement code H420 in accordance with Regulation (EC) No 1272/2008 European Parliament and of the Council and the concentration of such a equals or exceeds the concentration limit of 0,1%. [c(H420) ≥ 0,1%] Waste which contains one or more substances classified as aquatic acute hazard statement code H400 in accordance with Regulation (EC) No the sum of the concentrations of those substances equals or exceeds concentration limit of 25%. A cut-off value of 0,1% shall apply to such c (H400) ≥ 25%]

contains one or more substances classified as aquatic chronic 1, 2 or the hazard statement code(s) H410, H411 or H412 in accordance with

(EC) No 1272/2008, and the sum of the concentrations of all substances aquatic chronic 1 (H410) multiplied by 100 added to the sum of the of all substances classified as aquatic chronic 2 (H411) multiplied by the sum of the concentrations of all substances classified as aquatic

(H412) equals or exceeds the concentration limit of 25%. A cut-off value applies to substances classified as H410 and a cut-off value of 1% applies to classified as H411 or H412. × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥ 25%]

Waste which contains one or more substances classified as aquatic chronic assigned the hazard statement code(s) H410, H411, H412 or H413 in with Regulation (EC) No 1272/2008, and the sum of the concentrations substances classified as aquatic chronic equals or exceeds the concentration A cut-off value of 0,1% applies to substances classified as H410 and a cut-off value of 1% applies to substances classified as H411, H412 or

- [Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25%] - Where: Σ = sum and c = concentrations of the substances. HP 15 "Waste capable of exhibiting a hazardous property listed directly displayed by the original waste" When a waste contains one or more substances assigned to one statements or supplemental hazards shown in Table 9, the waste shall hazardous by HP 15, unless the waste is in such a form that it will circumstance exhibit explosive or potentially explosive properties.

Table 9: Hazard statements and supplemental hazards for waste constituents the classification of wastes as hazardous by HP 15: Hazard Statement(s)/Supplemental Hazard(s) May mass explode in fire H205 Explosive when dry EUH001 May form explosive peroxides EUH019 Risk of explosion if heated under confinement EUH044

In addition, the competent authority may characterise a waste as hazardous 15 based on other applicable criteria, such as an assessment of the leachate.

Note Attribution of the hazardous property HP 14 is made on the basis laid down Regulation (EC) No 1272/2008 on the classification, labelling and * substances and mixtures .

Test Methods The methods to be used are described in Council Regulation (EC) and in other relevant CEN notes or other internationally recognised test guidelines.

SCHEDULE 4 Amended by: L.N. 441 of 2011; EXCLUSIONS FROM THE REQUIREMENTS L.N. 384 of 2012; L.N. 382 of 2015. LAID DOWN IN REGULATION 19(1) Part 1 Establishments or undertakings carrying out the following operations excluded from the requirements laid down in regulation 19(1)

Wijzigingsgeschiedenis
  • Amended by L.N.164 of 2017