TRAINING WORKSHOP ON ENVIRONMENTALLY REGULATED SUBSTANCES LECTURE 4 DETECTING HAZARDOUS WASTE

Transcription

1 TRAINING WORKSHOP ON ENVIRONMENTALLY REGULATED SUBSTANCES LECTURE 4 DETECTING HAZARDOUS WASTE

2 OVERVIEW Legal frameworks Enforcement Considerations Document review Container inspection What to look for 2

3 WHAT IS HAZARDOUS WASTE? Under the Basel Convention, hazardous wastes are: Wastes with specific toxic components: Cadmium, lead, arsenic Wastes resulting from activities known to be toxic medical care, pharmaceutical industries, photographic industries Household Waste Unusable electronics Transboundary movements of any wastes must follow Basel procedure for Notification, Consent and the accompanying Movement Document as well as any relevant national legislation. 3

4 HAZARDOUS WASTE/ANNEX VIII/ LIST A/BASEL CONVENTION e.g. A1010 Metal waste of lead, mercury A1180 Waste electrical and electronic assemblies containing hazardous components such as accumulators, mercury switches, glass from cathode-ray tubes etc. A1190 Waste metal cables containing or contaminated with coal tar, PCB, lead, cadmium etc. 4

5 OTHER WASTE/ANNEX IX/ LIST B/BASEL CONVENTION e.g. B1010 Metal waste, non dispersible form, like iron and steel scrap, copper scrap etc. B1110 Electrical and electronic asemblies not containing hazardous components B1115 Waste metal cables not included in A1190 5

6 WHAT IS ILLEGAL TRAFFIC? ANY transboundary movement of wastes: Without notification to all States concerned; Without consent of a State concerned; With consent obtained from States concerned through falsification, misrepresentation, or fraud; That does not conform in a material way with documents; That results in deliberate disposal (e.g. dumping) of wastes Basel Convention Parties are required to consider illegal traffic as a crime and to take action 6

7 BASEL CONVENTION REGULATORY SYSTEM Establishment of notification procedure to ensure prior informed consent of State of import and States of transit before export of waste can take place Requirement that all practicable steps are taken to ensure environmentally sound management of waste Restriction on exports to any country not Party to the Convention; and Duty of exporting state to re-import where export has not complied with provisions of Convention. 7

8 NOTIFICATION PROCEDURE EXPORT -> IMPORT & TRANSIT Competent Authority of Export transmits a Notification Document to Competent Authority of Country of Import and Competent Authorities of all Countries of Transit. Provides detailed, accurate and complete information on waste itself on proposed disposal operation other details relating to proposed shipment. 8

9 CONSENT IMPORT & TRANSIT -> EXPORT Competent Authority of Import must provide its written consent or denial to notifier. CA must confirm existence of a legally binding contract between exporter and disposer Contract must specify environmentally sound management of waste Competent Authority of Transit countries must provide written consent or denial to notifier. Countries of Transit may waive requirement of prior written consent for transit shipments if it informs all Parties through Basel Secretariat 9

10 MOVEMENT DOCUMENT Competent Authority of Export issues Movement Document Movement Document must accompany consignment at all times. 10

11 EXPORT OF WASTE OUT OF THE EUROPEAN COMMUNITY European Waste Shipment Regulation (WSR) Art.35 Export of waste for disposal Export of any waste for disposal is forbidden Art. 36 Export of waste for recycling Export of hazardous waste to non-oecd countries is forbidden Export of other waste to non-oecd countries is forbidden, if the country of import has forbidden import 11

12 Waste, which is allowed to be exported from European Community to Vietnam Basel-Member-State Non-OECD-Country Export of hazardous waste from the European Community to Vietnam is forbidden. Export of non-hazardous waste from the EC to Vietnam allowed only for some special Basel keys out of Annex IX Basel convention, e.g. B1010 Metal waste in non-dispersible form B2020 Glas waste in non-dispersible form B3010 Solid plastic waste B3020 Paper waste 12

13 COMMONLY OBSERVED MODI OPERANDI Documentation Basel Convention Notification Procedure not complied with Deliberate and accidental mislabeling New goods, second hand goods Non-hazardous materials Generic / Non-specific labeling of waste Falsifying test certificates indicating the state of the good Packaging Mixing legal and illegal goods Shipment with 100 broken TVs hidden among 200 working TVs discovered in Germany bound for Ghana Concealment Hiding broken electronics within secondhand vehicles Hiding waste towards rear or center of container 13

14 Intelligence led inspections in seaports Access to data Using risk indicators + = More detailled inspection

15 CONDUCTING AN ADMINISTRATIVE INSPECTION: GOOD PRACTICES After shipment has been selected for investigation, review the shipment s paperwork, which may include: Customs Documents Transport Documents Movement Documents Certified copy of Consent Document Notification Form Safety Date Sheets / Certificates Contracts and invoices Make copies from relevant documents (e.g., invoices, contract, packing list) 15

16 OBSERVED EXAMPLES OF FALSE LABELING HS Code Declared as Contained 3915 Plastic scrap Waste plastic mixed with other waste, medical waste, household waste, e-waste, CRT monitors 7204 Metal scrap Waste batteries, cables, contaminated scrap, electronic waste, CRT monitors 2420 Personal goods E-waste 8701, 8703 Second-hand vehicle CFC containing fridges, e-waste 8708 Engine spare parts Contaminated/not cleaned engine parts 8528 CRT monitors Waste/broken monitors Mislabeling waste is most common illegal practice reported to INECE 16

17 CONDUCTING A PHYSICAL INSPECTION: GOOD PRACTICES A physical inspection or X-ray may be necessary to verify the actual load and the composition of the waste. Ensure officials have the legal authority to open the container. Take safety precautions when opening container Take photographs or videos of the contents of the container, with a timestamp if feasible. 17

18 CAREFULLY INSPECT CONTAINERS Containers must be appropriate to hazardous materials they contain: Corrosive materials should be in plastic containers Solvent materials should be in metal containers Verify that containers have no leaks or visible spills Verify that container is not bulging Verify that container is not dented or mishandled Products must be kept in good condition in order to be acceptable to a lawful consignee. Inspect recently painted drums to determine whether paint covers old labels or markings 18

19 EXAMPLES Metal scrap Household waste declared as paper waste Container of computer monitors 19

20 GLOBAL WASTE FLOWS & HOTSPOTS 20