training workshop on environmentally ......training workshop on environmentally regulated substances...
TRANSCRIPT
LECTURE 4 – DETECTING
HAZARDOUS WASTE
TRAINING WORKSHOP
ON ENVIRONMENTALLY
REGULATED SUBSTANCES
OVERVIEW
Legal frameworks
Enforcement Considerations
Document review
Container inspection
What to look for
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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.
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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.
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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
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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
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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
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.
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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
MOVEMENT DOCUMENT
Competent Authority of Export
issues Movement Document
Movement Document must
accompany consignment at all
times.
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EXPORT OF WASTE OUT OF THE EUROPEAN COMMUNITY
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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
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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
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
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Access to
data
Intelligence led
inspections in seaports
More
detailled
inspection
Using risk
indicators
+
=
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)
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OBSERVED EXAMPLES OF FALSE LABELING
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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
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.
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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
EXAMPLES
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Household waste
declared as paper
waste
Metal scrap
Container of
computer monitors
GLOBAL WASTE FLOWS & HOTSPOTS
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