ORGANISATION FOR ECONOMIC GEVERAL DISTRIBUTION CO-OPERATION AND DEVELOPMENT Potruasy 1963 HAZARDOUS WASTE LEGISLATION IN_OECD_counmRrEs 13073GENERAL DISTRIBUTION HAZARDOUS WASTE LEGISLATION IN OECD couwrRTES Organisation for Economic Co-operation and Development Paris 1983HAZARDOUS WASTE LEGISLATION IN OECD COUNTRIES 4, | The Organisation for Economic Co-operation and Develop pong sp carrying out its task of pronoting economic developnent in Menber countries, is concerned both with the qualitative and quantitative aspects of economic growth, The Environment Con mittee of the is responsible for! (a) examining on a co-operative basis common problens Felated co the protection and improvenent of the ational and urben environment with s view to pro posing acceptable solutions to them, taking into account all relevant factors, in particular economic and energy considerations; (®) reviewing and consulting on actions taken or pro~ posed by Member countries in the environment field and assessing the results of these actions; (ce) providing Member governments with policy options or guidelines to prevent or minimise conflicts that could arise between Member countries in the use of shared environmental resources or as the result of national environmental policies; the Committee may organise, as appropriate, and with the agreement of the countries concerned,’ consultations to that effect; (a) encouraging wherever appropriate, the harmonization of environmental policies among the Member countries. In the implementation of its mandate, the Committee is assisted by a number of delegate groups concerned with policy develop- ment in specific sectors of the overall environment problem. 2, ‘This study(1) vas carried out in 1981-82 by Mr, Gerald F, Graham for the Waste Management Policy Group, one of the specialised delegate groups of the OECD Environment Committee, in the context of its work programme on the inter- national implications of hazardous waste management. (1) The decision to derestrict this document was taken on 27th September, 1982,‘T2ABLE-OF CONTENTS. abuses PREFACE . PART ONE - A SURVEY OF NATIONAL LEGTSLATTON, THE EEC a a A cae AUSTRIA 44. BELGIUM CANADA vee DENMARK FEDERAL REPUBLIC OF GERMANY FINLAND soe FRANCE TAPAN sees LUXEMBOURG THE NETHERLANDS , NORWAY SWEDEN SWITZERLAND «4. UNITED KINGDOM UNITED STATES OF AMERICA . EUROPEAN ECONOMIC COMMUNITY . ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT PART TWO - COMPARATIVE LEGAL ANALYSIS A. RULES OF NATTONAL SCOPE , 4, Definition and Identification of Hazardous Waste 2. Prevention and Reduction of Hazerdous Waste Generation ...+++06 steees |. Pollution Prevention «4.4. 28 29 29CONCLUSIONS DOCUMENTS -3- TABLE OF CONTENTS (Cont'd) 44, Documents, Record-keeping 5. Transport «+++ 6, Licensing .....4+ 7. Treatment, Storage and Disposal ..+++ B. Costs, Levies seeeee 9. Financial Provisions 40, Liability ss. 11, Insurance 12, Bmergency Measures « 43. Enforcement RULES OF INTERNATIONAL SCOPE 4, Inport, Export, Transit 2. Documents (International Aspects) s++++ 3. International Transport «+ 44, Transfrontier Pollution 5, Land-based Maritime Pollution 6. Dumping at Sea . 7. Incineration at Sea .whe PREFACE, ‘This report reviews and compares specific legislation and Yegulations applying 40 those who generate, transport or dis- pose of hazardous waste in OBCD Member countries, A variety of International rules on the subject are also examined. Part I consists of a summary of available legal documents, on @ country- by-country basis, In Part II an attempt is made to compare the various rules on’e subject-by-subject basis. ‘te focus is primarily on national legislation, elthough it 4s recognised thet, in virtually all countries examined, local authorities exefcise some form of jurisdiction over waste management, and in many countries, particularly federal or con- federal States, other levels of government have legislation, dealing with hazardous waste or responsibility for implementing national legislation. Based on existing documentation rather than the use of & systematic questionnaire, the study does not pretend to be con- plete or to trest each country uniformly, Moreover, the Feader's attention is dravn to the fact that national regule- fions and legislation in this field are evolving repidly at the present tine,-5> PART ONE A SURVEY OF NATIONAL LEGISLATION, THE EEC DIRECTIVES AND THE OECD COUNCIL DECISTON AUSTRTA ‘The Federal Government of Austria, according to the Constitution, is responsible for wastes produced in trade and industry, ingofar as these do not resemble household wastes as to composition and volume, It is also responsible for wastes produced in hospitals, cafcasses, slaughterhouse and explosive Jastess Each of the provinces has waste management laws. By virtue of the Federal, Act, of 7th Marchs, 1979, the Federal Government has adopted special responsibility for waste bil treatnent, Waste olls are defined as used and soiled 11- quid products, which are defined in Sect. 1(2) of the Mineral fl abs of 1959; they also include other mineral oils, synthe- tie oil, of1 refuse, water-oil compounds and emulsions. BELOIUY In Belgium a Decree dating from 1789 concerning public sanitation 1s still in force. More recently, the Royal Decree of Vith February, 1946 concerning the Approbation of Titles 1 and II of the General Regulation for the Protection of Labour {noludes numerous articles relating to waste management. This Decree also lists those establishments which must be considered as dangerous, inconvenient, or unhealthy. Beyond this, the basic 1egel instrument relating speci- stoaray Sh oxic waste ip the bev of 22nd duly, 197%, wnten feetay e Goneral definition, of toxic waste (Aree 1} and pro- hibits its abandonment (Art. 2). It also prohibits the sale, BiDite ie orages transformation or destruction of such wastes except where authorised or declared (Art. 3). The Law regulates: SRCPEE sncgorts import; export. and transit of toxie wastes (Art. Bit Bevel’ as their destruction and elininetion (Arts. 5, 6). 2) see tes a regine of strict Liabilicy on the producer of toxic wastes (Arts. 7, 16 and 16), and incorporates the "pol- luter pays" principle (art. 7), (The Law further provides for Rute 227%) Be Laken with respect to the elimination of aban doned waste (Arts, 16, 17, 18 and 19). ‘The Law authorises the State to participate in the crea tion of a company called "The Fund to Guarantee the Destruction of Toxic Wastes", whose Statutes are to be laid down by law, his fund has a dual function, The first is of a conmercial and industrial nature: aside’ from according the fund the pos~ sibility of providing @ portion of capital when s company is Seing established for the destruction, neutralisation or eli- Binetion of toxic wastes, the Law grants it the power to con~ Btitute such a firm itself, with its own resources. The second function is aimed at emergency situations: the fund is-6- entrusted with missions which are traditionally executed by public institutions or by the State itself when these missions go beyond the capacity of private initiatives - namely, to pro- Vide for, in the case of bankruptcy or insolvency of those per- Sons responsible for the destruction of toxic wastes, the exe cution of the obligations which fall upon these persons. Legislative epproval of the Statutes of this fund, re- quired by the 1974 Law, has not yet been accorded, A large number of important measures relating to the exe- oution of the 1974 Law are contained in the Royal Decree of Sth February, 1976 regulating toxic wastes, which applies to the following transactions involving hazardous’wastes: acquisition, transfer (whether subject to payment or free of charge), hold- ing, storage, transport, import, export, trensit, transforma toh, destruction, neutralisation and elimination (Art. 1). This Royal Decree stipulates those wastes considered to ve toxic (Art. 2). The authorisation to exploit storage faci- ities and installations for the destruction, neutralisation and elimination of toxic wastes 1s subject to particular clauses (arts. 3, 4). To this end, an accreditation Commission is established, and its composition, competence and functioning are also laid down in the Decree (arts. 8, 9). Off-site centres for the destruction, neutralisation or elimination of toxic wastes are accredited by the King upon the advice of the accrediting Commission, The requests for accredi- tation mst, notably, contain a formal engagenent to take out an insurance polfoy, containing no restrictive clauses, cover- ing civil liability, ‘The Decree further regulates the authorisation te acquire and to import texte wastes (arts, 11) 12,13, 14 and 15), the declaration as to holding, selling, transfer (whether subject: {ocpeynent or free of charge), acquisition, importing and ex- porting of toxic wastes (ares, 16, 17 and 18), and the accredt~ Ratlon'cf persons in charge of operations for’ the destruction, negtrelisation and elimination of toxic wastes (Arts. 19 and 20), Lastly, the Decree covers general conditions for the destruction, neutralisation, elimination, Holding, transport ‘nd import of toxic wastes (Arts, 22, 23), as well as anounts for fees (arts, 2h, 26 and 27). ‘A decree concerning the management of wastes (Decree of 2nd July, 1981) recently came into force for the Flerish Con~ munity (corresponding grosso modo to the Dutch speaking part of The comtry). This decree sets up a waste company given the task of eliminating, collecting, treating and recuperating household and industrial wastes (including used oils, agri- guigurel vastes, dangerous waster and special vastes, ‘ut not toxic wastes).-T ‘GaNADA Hazardous waste management in Canada 4s largely within provincial jurisdiction. ‘The provinces are responsible for the Biting, design, approval, licensing, monitoring and. surveillance of treatment disposal facilities and the administration end en~ Zorcenent of provincial legislation, Al’ ‘the federal. (t' does not have comprehensive legislation or regulations (fie to hazardous waste management, ‘the federel Department ‘the Environment has the mandate in the following areas: ——————————————————————e—e 4p International and interprovincial movenent of hazar~ |" aous wastes under the legislative quthority of the _. Transportation of Goods Act ) Cpro= mulgated November 1980). 2s Spills of certain types under the authority of the Fisheries Act and TDGA, Tn some cases, the Fisherté det may Siso be used ¢> control leachates from land- {ills on a site specific basis. 3: to ensure proper ménagenent of Tazardous wastes gene- Fated by federal. activita = 44, Dumping of wastes into the’ otesns under the Ocean Dumping Control Act (ODCA). ‘The Act applies to dump~ of materials at sea, or their destruction at sea Including incineretion, 5. Management of federal crown lands, and the use of crow ends for siting of hazardous waste treatment and dis~ posal faciliti Regulations are preséntly being developed under the transportation of Dangerous Goods Act to control the inter- pational and interprovincial movement of hazerdous wastes, Two Rey items to-be covered in the regulations will be the listing of hazardous wastes and a manifest system waich will provide = Ncpadie to grave" tracking system for movement of such wastes. ‘The purpose of the manifest system is to ensure that hazardous Yastes crossing interprovincial or internstionsl boundaries are Belivered to authorised storage, treatment and/or disposal faci ities. Unit 1 of the Regulations were published in the Canadi Gazette, 19th June, 1982. ‘DENMARK ‘he principal Legal instrument on the subject at hand is Order No, 121 of 17th March, 1976 on chemical waste. This Statute wes issued in conformity with certain provisions of Law No, 178 of 2hth May, 1972 on the disposal of ofl and cheni— Gal waste, end Lew No, 372 of 13th June, 1973 on environmental protection. The 1976 Order takes account of the fact that waste dis~ egal in Denmark is largely organised at the local level. , The Beder applies to storage, transportation and disposal of chemical-8- wastes which are Listed in an Annex, as well as to other chemical wastes which have similar properties, e.g, are toxic, flamable, or corrosive, According to Section 2 of the Order, any person storing, conveying or disposing of chemical wastes 1s responsible for en~ suring that such activities do not pollute the air, the soil, groundvater, or surface waters, Surface waters are defined 50 ae to include the sea, The Communes are empowered to regulate in all these areas. Pursuant to Section 4, any polluter, or any person who detects such pollution on his property must inform the local authorities. Furthernore, persons polluting either groundwater or the soil must follow the Conmune's instructions with respect to the elimination of such pollution. Should the prescribed time limit for such measures not be met, the Commune is empowered fo institute these measures at the expense of the polluter. ‘The accumulation of chemical wastes must be reported to the local council; the declaration must include information as to the nature, packaging and quantity of wastes involved (Sec- tion 5), These wastes must normally be transported to a site designated by the council, unless it is denonstrated that thei are otherwise being conveyed and disposed of safely (Article 5). ‘The local councils ere responsible for ensuring the in- Plenentation of the relevant provisions of the 1976 Order, Noe 21 on chenical waste, According to the Order the waste must normally be trensported to a site designated by the council from where the waste is transported to the co-operative organt- ‘sation Konmunekent AG for treatment and disposal. Konmunckent impose a duty on the generators of the waste. the duty 1s an amount corresponding to the expenses for trans Portetion and trestnent, fhe duties vary depending on the na- Bune oe the wastes for gone types of waste (i,e, oll. vaste conaining reastnabie high, percentage of oll)” an aliowante $o7sata SE fhe Generator of the waste. For other types of waste bhebe fe a besie rete and en additional rete, relating to the Ebatents “ag an orample call be mentioned thet the basic, rate for Geeatment Of organic compounds containing halogen 15 D.Kr.7,500 per con whereas'an additionel rate of D.kr.25 per cent Ralogen per ton 8 collected. FEDERAL REPUBLIC OF GERMANY Hazardous waste management in the Federal Republic of Gerneny 13 regulated by the Federal Waste Disposal Act. Al- hough the Federation has full legislative powers in the field Gf waste disposal there ere complenentary State laws which, Sccerding to the Constitution, deal with matters in which Federal law is incomplete; basically these matters involve competence over enforeenent, which lies solely with the Stateauthorities, and procedural regulations, Practical organisa- Hionel matters with regard to household waste can be regulated ty local authorities. ‘The Waste Disposal Act of 7th June, 1972, as amended by the Federal Act of 21st June, 1976, entered into force on Yee January, 1977. While the Act applies to waste in general, Article 2(2) stiptletes that further requirements shali be lela down for non-household waste which ".,, constitutes a perticular Ganger £0 health or to the quality of air or water or which is particularly explosible or inflamnable, or which contains or may produce pathogens of transmissible diseases", The Aduinistrative Order on Special Waste, of 2ith May, 197, lists these wastes, as Well as the industries from which they’are generated and to ‘hich the Act therefore applies, Article 1 of the Waste Dis- posal Act lists those substances to which the Act does not Eppiys these include nuclear waste and sewage. Article 2(1) contains the basic principle governing dis— posal: Waste shall be so disposed of that the welfare of the Community is not impaired ...", To this end, the generator shall teke his waste availabie’to the public’ authority required fo dispose of it [Article 3(1)7. These authorities, hovever, are not obliged to dispose of waste which cannot be’ co Gisposed with household waste. The generator must either dis- pose of these wastes or use a licensed enterprise such as a pri- Yate waste disposal enterprise, 2 public law corporation or & public authority. Waste may only be treated, stored and deposited in faci~ Ltties licensed to accent the type end quantity of the waste in question, in sddition, it may only be collected end transported $y iicensea persons, ah thon only when the dispose] plant has certified that it will receive the waste /Art. 4(3)/. In cer- {ain cases the competent authority may require a disposal plant £5 receive and dispose of special waste, subject to appropriate remuneration. According to Article 11 and the Administrative Order on Notification of Waste of 29th July, 1974, as amended by the Order of 2nd June, 1978, a trip-ticket procedure, record Keeping and other’ control measures can be imposed on the owners Of wastes which cannot be co-disposed with household waste, Trip-tickets and keeping records is mandatory for owners of hazardous waeve as described in Art. 2(2) and the Adninistrative Order made under it, In theso cases record books containing Copies of trip-tickets must be maintained by generators, trans- Sorters and operators of disposal plants for such special Rastes, Additional copies of trip-tickets have to be sent to {he responsible authorities by waste generators and operators of disposal plants as documentation for safe disposal of the Waste in question ("cradle to grave" control). ‘AML facilities are subject to inspection by the res- poneible authorities,-10- Collection and transportation of wastes requires @ special permit according to the Administrative Order on Waste rensportation of 29th July, 1974, In addition, hazardous goods transport regulations apply. Inport of wastes te govemed by the Administrative Order on Inport of Waste, of 29th July, 1974, which requires licences. No special regulations apply for’ export and transit of wastes. Waste oils are covered under a separate law. Dumping st sea is regulated by the Dumping at Sea Act of ‘11th February, 1977. at aaa Criminal, provisions for violations concerning special wastes include Stprisoment of up to five years (ten years fon particularly serious cases) or fines for those who treat, store, br deposit wastes containing or capable of producing toxins or Viruses of serious diseases transmissible to man (Art. 16). INLAND ‘The principal legal instruments are the Waste Management Act and Decree which came into force on 1st April, 1979, and @ 4979 Order which lists "problem" wastes. The Act’ appli¢s to all wastes, and allocates administrative responsibilities for waste managenent at the State, regional and local levels. The municipalities are required to take care of waste managenent within their own territories. Problem waste includes all waste that on account of its toxic or other properties 1s difficult to treat or dispose of op is in some way especially harmful to the environment, Al- Though there 1s 4 statutory list, wastes that appear in’ small amousts or in low concentrations or, furthermore, are not en- Vironmentally haraful, are not considered problem wastes, pro- Vided that they can be collected, transported and stored for Suitable treatment and disposal without causing danger or det- Timental effects to the environment. As for transport, treatuent and disposal of problen westes, municipalities are obliged to receive waste oil only. Fer eli other problem wastes, responsibility for all phases ives with the generator; the generator is obliged to arrange suiteble waste managenent of their hazardous wastes at his own expense. They must be properly labelled and manifested, pro~ perly packaged and stored, The transporter is responsible for Rransporting problen wastes suitably; hazardous goods trens~ port regulations apply to problen wastes as well. Whoever treats or disposes of problem wastes is res- ponsible for assuring their proper treatment, end speciel per- Rits ere required for treatment. and disposal. These pernits Gre issued et the regional level. The generators of hazardous wastes are allowed to treat or dispose of their own wastesate without a permit. In this case a special plan mist be accepted by the local or Fegional authorities, To assure that authori— ties receive the relevant information on generation and storage of hazardous wastes, the propriety owners have to notify the local authorities of all kinds of hazardous wastes or wastes of unknown nature generated or stored in the propriety. Exports and imports required prior notification of the Minister ef Interior, who may refuse permission if there are grounds for suspicion that the wastes will not be transported or treated in an environmentally suitable way. Dumping at sea is regulated by an Act which came into force on 1st April, 1979, and which requires permits and sub- jects Finnish Law to the’requirenents of international conven ions, e.g. the Baltic, Oslo and London Conventions. Supplenentary quthorisation (according to Vater Apt, Public Health Act, Poisons Act etc.) by the competent authori- ties is required in most cases when problem wastes are treated or disposed of in such a way as to jeopardise surface waters, air quality or as to otherwise cause a health hazard. FRANCE, ‘The principal laws on the subject in France are the Law of 15th duly, 1975 concerning the elimination of waste and the Recuperation of Materials, and the Law of 19th July, 1976 con- cerning the classification of installations for environnental protection. According to the 1975 Law, anyone who generates or holds waste which could endenger man and the environment is obliged Yo eliminate such waste in such a way as to avojd this nuisence (ir. 2),. ‘The law applies to waste in general (as defined in Article 1), but also establishes a special category of wastes, panely those which are capable of producing harmful effects (art. 2) or nuisances (Art, 8), A Decree of 19th August, 1977 ists those toxie and dangerous wastes for which the administra ‘tion can ask producers, transporters and eliminators to furnish Complete information as to how they are producing, trensporting or eliminating wastes. Article 9 of the 1975 Lew stipulates that special wastes may only be treated in accredited installations, To date, how- ever, there have been no decrees either defining or listing the wastes to waich this disposition applies, nor the conditions Yhese installations must fulfil in order’to gain accreditation, The aforementioned 1976 Law applies to the source of wastes: it Tegulates the construction and operation of indus— {rial plants according to the pollution they generate. Haz: Gous waste facilities require prefectural authorisation, Arti ele 0 requires disposal to be undertaken in such a way a5 to recuperate reusable elements,ata Other regulations include the Circular Notice of, 2end January, 1980, which lays down the criteria for site selec- tion for hazardous’ waste dumps, the conditions for accepting Such waste, plua the management and controls of such operstions. The Decree of 21st November, 1979 and subsequent ones applying it laid down the conditions for collecting and eliminsting used Siis. As for water protection, any deposit of wastes on or in fhe Sofl, except those wastes Of negligible nocivity, are sub- Ject to prefectural authorisation (bécret No. 73-218 of Sra February, 1973). Dumping and incineration at sea are also subject to prior suthorisation (Law of 7th July, 1976). ‘The 1975 Ley established the Agence Nationale pour 1a Récupération et 1'élimination des Déchets (ANRED), whose mission is fo factiitate elimination and recuperation, or’ to undertake such operations where public or private means’are lacking, ‘pursues these objectives by: aiding the creation of treat- nent instellations and waste exchanges; promoting the develop— ment of new technologies for recuperating and eliminsting waste, and giving technical assistance to local authorities and firms with waste problens, Penalties for criminal infractions range from tvo months to two years! imprisonment and/or a fine of rom Frs.2,000 to Frss100,000.. In the case of condemnation for certain infrac- ‘ions, offenders may be required to restore damaged sites to their original state; in other cases, the installations may be shut down. ZABAN Disposal of hazardous waste in Japan is reguleted by the Waste Disposal end Public Cleansing Law and the Law for Preven- {ion of Marine Pollution and Maritine Disaster. Landfill and ocean dumping are the two lawful, final disposal options; fhe former is the principal option, although ocean duuping is permitted in exceptional circumstances. ‘The Waste Disposal and Public Cleansing Lav applies, to both solid and liquid wastes, but excludes radioactive waste (are. 2)., Generators are responsible for disposing of their Naste (Arts. 3 end 10). They must endeavour to reduce anounts Si waste through regeneration and recycling (Art. 3). Those Wino are engage! in the commercial operation of collection, trans— wort. treatnent and disposal need the permission of the Pre- Poctiral Governors, However, permission is not required if Gransport cr disposal of wastes is conducted by the producer of the wastes himself. The sane law contains standards for landfill, 0.5. maintenance and control. As a rule, landfill is a velid dis- posal option for ell types of waste, although pretreatment, Phether by concrete solidification, incineration and decomposi~ Hon, is sbligatory for specific types of hazardous waste.-43- Industrial wastes are classified into 19 different types. “There doa list of facilities which produce hazardous Wate, plus of hazardous substances thenselves) e.g. merc Meee Pe oe necrtretion Lines are vaken into account, Bach Scbstence mist be analysed in a prescribed way, The Waste Bisposel and Fublic Cleansing law elso designates those vastes which may be dumped at see, ‘The Law for Prevention of Marine Pollution and Maritine Disasters includes provisions on the correct measures to be employed for duping, as well as the maritine areas where dump— ing may teke place, Finally, the waste disposal law requires firms to keep records of solid waste disposal, and to appoint a supervisor who 18 responsible for industrial waste managenent. TXEMBOURG ‘The principal legal instrument for the disposel of wastes in Luxembourg is the Law of 26th June, 1960 concerning the Glimination of wastes, Article 12 of said Law authorises the regulation of certain particularly harnful wastes. On the Bane day, regulations were issued separately for Used oils, 1102 and'PCBs. Those who generate or hold waste in conditions vnich may produce effects hemaiel to man or the exvironuent are obliged Be ehintnate them in waye that avoid these effects (Art. 2). Waste holders must either eliminate the waste themselves or tum it over to someone charged with eliminating it. The Gommmes are responsible for waste disposal and can engage third parties to effect this task, These Conmmes, however, do not Rave to accept those wastes which by their nature or volume cannot be eliminated with household wastes; in this case, the holder of these wastes 1s responsible for their elimination (art. 4). Collection and transport of wastes on @ commercial basis require prior authorisation, and permission is only granted 12 hunen health and the environment are not prejudiced. Even then, permission may be conditional (Art. 5). ‘There ere also rules for the actual system of disposal; stocking, treatment and climingtion are likewise subject to Guihorieation, to which conditions may ve attached (Arts, 6 and 7). Certain storage depots must close within two years of the éatry into force of the present Law (Art. 19). ‘The importation of any form of waste also requires quthorisation, and may only be done by accredited people (art. 8).= 44 Whoever picks up, transports, inports or exports wastes, and whoever operates a treatment or’ storage centre mist either keep a register containing detailed information about it, or Keep a document with the same information for each operation (4ss.9). The sane applies to holders of toxic wastes (Art, State officials are charged with enforcing this Lew (art. 14), and have wide powers of inquiry, including the right of taking’ samples. Certain offences meet with prison sentences of from one G23 0 S28 monthe and fines ‘of between Frs,250 and Frs,200,000 According to the Grand Ducal Regulation of 26th June, 1980 concerning the Elimination of Wastes arising from the Titanium Dioxide Industry, the holder of Ti02 wastes must either eliminate thom himself or’ engage a third party to do the same (art. 2). Likewise, pouring, immersion, stocking and injection in the soil are prohibited without prior authorisation, although ggileetion, sorting, transport and treatnent per ge aré not ‘Art. 3). The euthorities may give authorisation: ~ if the elimination of the waste cannot be done by more eppropriate means; = 4f according to present knowledge there is no pre- dictable negative effect, actual or potential, on the aquatic environment, the soil or atmosphere; - if navigation, fishing, recreation and other activities are not affected (Art, 4), However these wastes ere treated, disposal must be severely controlled, including for its éffects on the surround- Ang environment (art. 5). According to the Grand Ducel Regulation of 26th June, 1980 concerning the Elimination of Polychlorobiphenyls and Polychlorotorphenyis, elimination of PCBs contained in unused objects must be done either by regeneration or destruction, This elimination must be done by an installation especially accredited to eliminate PCBs (Art. 2). Holders of used PCBs must turn them over to those ac- credited to eliminate then (art. 3). Accreditation goes only to those who have sufficient technical means to guarantee the correct undertaking of all pheses of the operation (art. 4).-15- Installations must give the person who turned over the PCBs statenent which is to be kept for three years and con- taining information on the PCBs in question (art. 7), They must also keep @ copy themselves, which inspectors can look at. Eliminators, importers and exporters (all accredited) must Keep a Tegistér for three years, indicating: (a) the anounts obtained; (») whet was done with then, including how much was turned Over or exported, and td whom; (c) how much they thenselves regenerated or destroyed Cart. NETHERLANDS the princtps legel instrument, in the field is the Act of 41th Februaby, 1976, containing regulations relating to Chemical Wasve and Used O11 (The Chemical Waste Act), which was imple- Nested in 1879. The suvetences to which the Act applics were Bfeted in the Schedutes to the Substances and Process Decree af 20th Nay, 1977. The List was estataished on the basis of Sach things’ ae foxicity, including accumulative effects, per- Sistencer and possible hamnful effects to either man, aninels, Slants of the Biosphere ase whole, ‘The provisions of the Chemical Waste Act do not apply to private households, It is prohibited to dispose of chemical Waste by handing it over to another person, unless that person (a) is ticensed to store, treat, process of destroy it, (b) by Virtue of en exemption 18 authorised to deposit the waste on or Inthe ground or Gump at cea, or (c) resides abroad (Art. 3). Th all cases, there te a comprehensive duty to report details of the trenséctions to the responsible Minister (art. 4), as. etl ap to the person recetving the vaste (Art. 5), The etter ftust also report the transaction to the Minister (Art, 6). This system, Like the Act as a whole, is executed at the federal level. ‘The Chenical Waste Act only applies to waste which 12 treated on disposed of off-site, However it is prohibited to Uispose of chetical waste by depositing it in or on the soil, Whether Ina container or othervise (Art. 31), This is a general Yule, valid inside the factory as well as outside the place of Brotigtion, Exemptions, fro, tats, promtbition cay be given. Sy idcensed people may deal with waste which others have éis- posed of, and then only when a description of that waste has Been provided (Art. 8). The general rules for licensing are. Gutlined in Arts, 9-15, including the provision thet in granting Sr refusing applications the efficiency of the systen may be ta~ fan into account, e.g, number of firms per region, A decision £0 refuse an epplication can be appealed (Art. 36).~ 16 - As a general rule, only licensed persons can import chenical waste unless thé waste is in transit to another country Urt, 16). Exports are subject to the notification system like any Other’ transaction, Under certain circumstances, generators of chemical waste may be compelled to treat, process or destroy chemical wastes on- site, using prescribed methods (Art. 33), The prescribed treat~ ment'may relate to some mode of regeneration, Also indirectly regeneration oan be prescribed by refusing @ licence or exemp- tion to destroy or to dump chemical waste, A licencee may be ordered to treat a particular waste; if At involves excessive costs he may be indemnified to a reasonable amount (art, 36). ‘The principal distinction with respect to waste ofls is that there is a compulsory collection system, Operation of the waste oil system is funded by a levy imposed on lubricating oil, producers. The chemical waste system's operating costs are covered by a levy imposed on the waste industry and on waste disposal facilities, Another way by which hazardous waste is affected is by ‘the prohibition on the use of certain substances, e.g, in detergents. There is a special Lew on hazardous goods transport, which applies equally to hazardous waste, Enforcement powers are delegated to national, provincial and municipal officials (art. 41). They have the right to in- spect (Art, 42), and to take samples (Art. 45). Acts in contravention of the regulations contained in and ased upon the Chemical Waste Act cen be punishable under the Economic Offences Act (imprisonment and fines up to F1,100,000), In emergency situations the Minister may order waite viion nes veen deposited op or in tne ground to be re- moved at the offender's expense (Art. 49 NORWAY, The Act of 13th March, 1961, No. 6 concerning Protection against Pollution and concerning Waste (The Pollution Control Act) has not yet entered into force, The Act covers, inter glia, waste disposal and includes clauses (Arts. 30, 32) enabling She Pollution Control Authority to regulate the matter of specia: wastes. Special waste is elsewhere defined as waste which can- not "be appropriately treated together with other waste because of its size, or because it can lead to serious pollution, or danger or threat of danage to human beings or sninals" (Art. 28), The Authority may also regulate the question of whet spe~ cial waste is (in terms of a list, for instance). ‘The Bi21 contains mumerous "guidelines" to be followed in implementing itt these include the notions that waste is to be managed in such a wey as to cause minimal damage, that the _= 1% =. problems due to sctivities on Norwegisn territory shall be Counteracted to the same extent whether the damage or disamenity occurs within or outside Norway" (Arc, 2). The geographic applicability of the Bill is Norwegian territory, Norwegian dependencies» the exclusive econonte zone and the continental shelf, all subject to limitations imposed by public international 1aw (Art. 5). Aside from a general obligation to refrain from polluting, there is a specific promibition against employing, abandoning, storing or transporting waste which 1s unsightly or is harmful to the environment (Art, 29), Pernits are required for waste treatment installations (Art, 30). Municipalities must treat consumer waste, and the Authority may decide that they must also have fecilities for industrial and special wastes (Art. 31, 32). it may require municipalities to collect speciel waste, and‘4t may require generators to deliver special waste to the municipality or to another receptor facility (Art. 32). ‘There are, in fact, numerous Pollution Control Authori— ties, at the national, colmty and municipal levels, The King decides waich has coupetence vis-a-vis the various provisions of the Bill (art. 71). ‘The competent Authority may also make regulations per- teining to storage, collection, transport and treatnent, of, spe- cial waste (Art, 32). Unless recycled, 5} brought to a "lawful'waste installation" (Art. 33), The Autho- rity may require recycling, taking into account such things as environmental benefits versus economic costs, and effects on the handler end his business (Art. 34). Municipelities are authorised to charge fees for waste Aisposel (Art. 35). ‘There are lengthy provisions dealing with cases of acute pollution and large-scale accidents, including the duty to Retify end to co-operate (Arts, 46-L8). the responsibilities of the Pollution Control, Authority are to supervise pollution and waste problems (Art. 49), It can Scquire information to be furnished (Art, 50), inspect (Art. 55J, ang order. investigations by or paid for by suspected pol- luters (art. 52), etc. ‘There are algo general clauses on civil end criminal penalties to apply in cases where the Act is violated. SWEDEN ‘The most relevant piece of legislation in Sweden is the, ordinance on Environmentally Hazardous Waste, watch entered into force on 1st Jamary, 1976, The term "environmentally hazardous waste” applies to solid or liquid waste products such as oil~18- waste, waste containing mercury and PCBs. A guide listing these categories in greater detail has been published by the National Environment Protection Board. Generators of environmentally hazardous waste must make declarations to municipel authorities on an annual basis, These Geclarations, which must include information for waste disposed On-site, include information on the type of waste concerned, its composition, quantity and management. Environmentally hazardous waste disposal is becoming = municipal monopoly. The monopoly involves a responsibility for he community to collect end transport hazardous waste. While municipalities will be free to engage contractors, they will Hot (beable fo divest thenselves of their rasponsintlities for waste management. Firms transporting waste products by road on a commercial basis must have permits, which are issued by the county adminis- fration if certain conditions are met, The Royal Ordinance on the international road transport of dangerous goods (1974) mainly provides that the ADR Convention applies in Sweden, A special processing company exists to ensure that en vironnentally hazardous waste is properly managed; it is jointly Owned by the State, the municipalities and private enterprises. Existing waste treatment firms who do not emerge with this monopoly can apply for permission to continue their activities Uneil further notice, An exception is made for industrial ipms which use @ small proportion of their own facilities for treatment of other firms! wastes. Treatment activities mst also comply with the Environ- mental Protection Act and the Environment Protection Ordinance Of 1969, para. 5 of which states: "Anyone engaging or intending fo engage in pollution activities shall be obliged to take pro- Sective measures, suffer any requisite Limitations of the entersrise and teke every other precaution that might reasonably $e required for the prevention or rectification of a muisance." POBs and other products are covered by both the Act and the Ordinance on Products Hazardous to Health and to the En- = + Vironnent (1873) which controls their handling, transport and use. ‘The Dumping Act (1971) prohibits all dumping of waste in Swedish territorial waters from ships or other means of trans- port. The seme prohibition applies to dumping from Swedish Enips in internetionel waters, Nor may waste be taken out of the country with the intention of dumping 4t in international waters, The Dumping Ordinance (1971) empowers the National Swedish Environment Protection Board to grant exemptions from Ghese prohibitions provided thet dumping may be accomplished without any adverse environmental effects.-19- Lastly, environmentally hazardous waste may not be ex- ported without permission fron the National Swedish Environment Brotection Board; this, however, does not apply to exports by ‘the SAKAB Company. SWITZERLAND At the federal level, the question of waste disposal has mainly been treated in the context of protection of waters. decording to a 1971 Law, the dumping of all wastes in water is prohibited, While legislation of waste disposal generelly is and figs been within the sphere of competence of the Cantons, on Bist October, 1979 a Draft federal law on environmental 'protec- Zion was submitted to the Parliament. It contains three articles specifically related to wastes, including one on toxic wastes. Avticle 27 establishes the principle that generators must recycle, neutralise or eliminate wastes, Dumps require authori- Sation. Article 26 obliges the Cantons to manage waste treat- nent, Article 29 stipulates that the Federal authorities mey Tule thet toxic wastes be transported separately, neutralised, Fecycled and properly labelled, Transport is covered by the Transport of Dangerous Goods Ordinance (1972). They mey also require @ written Federal authorisation for imports of toxic Wastes. The Cantons would be competent to deliver this authori- Sation, and 4t would be valid for all of Switzerland. An Ordinance on toxic wastes is expected to be ready at ‘the time the draft law takes effect, The Ordinance would pro- ably deel with such matters as definitions, collection and disposal requirenents. UNITED 1 DOM Hazerdous (and other) waste manegenent in the United Kingdom 1s controlled by national legislation, administered at Tocal authority (County Councils in England, District Councils in Wales and Scotland) level. The Control of Pollution Act 4974 provides the legislative basis for control, Part 1 of that het contains the legislative control over the disposel of hazardous waste and has deen implemented in stages since 1976. ‘he main provisions of the Control of Pollution Act are as follows? Section 1 (ict yet implemented.) This will require waste disposal suthovities (WDAs) to ensure that adequate arrengements Gxist within their areas for the purpose of disposing of, S11 controlled waste (domestic, commercial and industrial Wastes) liable te require disposal in their ereas, This Yestion specificelly provides that such arrangements may fe made by the private sector as well as the authority.= 20- Section 2 (amplenented in 1978.) ‘This section requires WDAs +o Survey waste arising? and disposal facilities in their areas and to draw up and periodically revise a waste disposal plan, Sections 3-14 (Implemented in 1976.) These sections contain the fun. denental controle over waste disposal, namely the site licensing system, under which all sites and facilities used for the distosal of controlled waste must be Licensed. Application for waste disposal licences are nade to WDAs, to whom the responsibility for issuing 1i- cences end attaching conditions to those licences to Pegulate operating conditions on sites, has been dele~ gated, Before a licence may be issued the WDA will con- Sult the Health and Safety Executive (to ensure safe working conditions for employees and residents in the Vicinity), and is required to consult the Regional Water Authority’ (which has the power to prevent the issue of a Licence without the prior consent of the Secretary of State should it disagree with the WDA either as to the conditions a licence should contain or as to the issue of @ licence, The Water Authority will have as its principle concern the protection of water supplies from any risk of pollution) and the Local District Council, i further prerequisite of Licensing is that the site in question shall have any required plenning permission, Flansing permission is intended to deal with such factors as the impact of the development on the anenity of the Locality, access to it and the possibility that it might be a disturbance to the neighbourhood, If plenning mat- fers are in order the authority is under duty not to re ject an application for a licence unless it is satisfied Ghat rejection is necessary for the purpose of preventing pollution of water or danger to public health. Sections 12-14 (Not yet implemented.) These sections will be implenented inasSootation with Regulations under Section 30, which will provide for the classification of waste for’ colles— Yon purposes i.e, the clinical elenent of medical waste and the waste fron school laboratories and workshops may be desoribed es industrial waste. Section 1 (Implemented in 1981,) Section 17 provided for tho n- reretton os regelations sppsying suricver central to Giisicul’ ov dangerous wastes (apectal wastes), Section Ge fas taplonentes in 1676 and regulations = the Control of Pollution (Special Waste) Regulations 1981 came into Soeee oa ttn eschs 1981s, Special waste. ts any. cr QE vaste which’ consiate bf or is contaminated by= Bt. any of the categories of substences listed in a schedule So'the reguietions and is dangerous to life because it is corrosive, 1a readily flammable, or toxic, Medicines only available on prescription are slso special wastes, The regulations provide that waste producers shell notity receiving WDAs of their intention to dispose of a con Signtent of special waste, introduce a consignment note sysven which requires nandover against signature at each Stage of the transfer of a consignment until it is dis~ posed of; Teguire producers, carriers and disposers to Raintein registers of consignment notes end requires ermanent records of the location on sites of deposits of special waste. With the repeal of the Deposit of Poisonous Vaste Act, 4972, and the introduction of regulations under Section 17 of the 1974 Act, the United Kingdom fulfilled its outstanding Sbligations tinder the European Community Directive on Toxic and Dangerous Waste. Sea disposal requires a licence fron the Ministry of Agriculture, FA UNITED STATES OF AMERICA Hazardous waste in the United States falls within both Federal and State jurisdiction, At the Federal level, the Eingle most important legal instrument is the Resource Conserva- ion and Recovery Act of 1976, which contains the framework for evelopment of rules for hazardous waste management and entrusts Ghe Oftice of Solid Waste within the Environmental Protection Agency with the task of issuing regulations in these sane react (1) notification of hazardous waste activity; (2) {dentification and listing of hazardous waste; (3) stendard: apslicable to generators, transporters end operators of treat~ font, storage and Gisposal facilities; (4) permite for trest- ment, storage and disposal; (5) State responsibilities; (6) Tnepection; and (7) enforcement, Bach of these subjects will be examined in turn, Hazardous waste is defined in the Act as "a solid waste, or combination of solid wastes, which because of its quantity, Goneentration, or physical, chemical, or infectious charac~ teristics may? (a) cause, or significantly contribute to an increase in ortalsty on an increase in, serigus {ereversibie or Tncapacitating reversible, illness; or (d) pose @ substantial present or potentiel hazard to fuman health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed", (Section 1004.)«2B - Section 3010 of the Act requires anyone involved in hazardous waste management to notify the Environmental Pro~ tection Agency of their activities in this respect, ‘The applic- able procedures are contained in the Federal Register of 26th February, 1980, and relate to such matters as who must fle, what information must be furnished, and how identification numbers are to be assigned. Section 3001 entrusts the Agency with the task of identifying hazardous wastes vie characteristics and lists, taking into account such criteria as toxicity, persistence, adability, potential for accumulation in tissue, flamma~ bility corrosivity, etc. Initial characteristics and lists were promulgated on 19th May, 1980, each hazardous waste being Bssigned a number end, for listed wastes, a hazard code; the Pules became effective on 19th November, 1960, Most of hazar— Gous wastes Decome subject to regulations as a result of ‘the characteristics rather than the lists, Additional hazardous wastes are to be added to the lists over tine, Section 3002 charges the Agency with establishing stan- dards applicable to generators of hazardous waste, including. such procedures as record-keeping, labelling, packaging, mani~ fest and reports. Final regulations took effect on 45th November, 1980, The waste control system with respect to generators operates basically as follows: generators must Getermine whether their wastes are hazardous, first by con— sulting the list end, if need be, by testing the waste against the characteristics.’ Bach generator must have an identifica tion number, Generators who ship hazardous waste off-site must initiate a manifest, and comply with hazardous transportation regulations, including provisions for adequate packaging, labelling, Marking and placarding of the waste, A: copy of the manifest ie retained by the generator, with the remaining Copies going to the transporter and the designated treatment, Storage, or disposal facility, Each transporter and the desig- nated facility operator Keep a copy and the facility operator Sends the last copy back £0 the generator. Generators shipping hazardous waste outside the United States must first notify the Agency; this applies to the first shipment of each waste in each calendar year, Section 3003 of the 1976 Act charges the Agency with establishing standards applicable to transporters of hazardous waste, ‘These standards took effect on 19th November, 1980, and the cornerstones of the regulations are an identification munber and compliance with the manifest system previously described. {hn eadition, the transporter is responsible for cleaning up any Gischarge which occurs during transport, In the case of inter hationel shipment, the transporter is responsible for keeping the manifest ané Teturning a copy to the generator.- Bs Section 3004 of the Act requires the Agency to establish standards applicable to owners and operators of hazardous waste Greatment, storage and disposal facilities, These standards Include record-keeping, reporting, monitoring and inspection, the actual treatment, storage and disposal, location, design and construction of facilities, maintenance, etc, Standerds have @lso Deen established concerning training for personnel, and financiel responsibility. on 19th May, 1980, the Environmental Protection Agency issued standards pursuant to Section 3004 and applicable to ‘Owners and operators of hazardous waste facilities, Though in- Complete, these regulations became effective on 19th November, 4960. Most of then concern interim status standards, i.e regulations watch apply to operaters of exteting, facta ities Guring the period before a decision is made on their pernit application, Other regulations, called permitting standards, which are more extensive in nature, will be used by the BPA When actually issuing permits, The reason for this dual systen Ts that it could take Several years to process the 10,000 permit applications received, In the meantime the managenent of hezar- Gous waste is receiving minimum control under the interim status regulations, Both the interim status and permitting standards cover ‘the following areast 4. Purpose, scope and applicability and other general standards, s =i a 2, Waste analysis requirenents, 3, Security. A, Inspections. 5. Training. 6. Preparedness end prevention, 7. Contingency plans and energency procedures. 8, Manifest systen, record-keeping, and reporting. 9. Closure and post-closure care, 40, Financial requirements, 41, Use and managesent of containers. 42, Tanks. 43, Surface impoundaents. 14, Waste piles. 45, Incinerators,= Bhs In addition, the interim status requirenents cover groundwater monitoring, thermal treatment, and chenicel, physical and biological treatment, land treatment and landfills,’and the permitting stendards include location requirements. Most of Ehese regulations wore issued on 19th May, 1960; others have been issued subsequently. Not all of the expected standards have yet been issued and sone of those that have been issued are temporary pending further elaboration and study. Section 3005 charges the EPA with drawing up regulations concersing the isavance of permits for facilitice dealing in hazardous wastes, Applications must include such information as the quantities and types of waste to be dealt vith end details of the Location, design, end operation of the facility at which he waste Will be disposed of, treated, or stored, Permits may de revoked in the case of non-compliance. States are authorised’ to administer and enforce hazardous waste progrannes, The EPA is charged with receiving applications Bnd granting authorisation for such programmes, which must be equivalent in degree of control to the Federal’ programme (al- ‘Hough the regulstions can vary and can be more stringent), and consistent with the Federal or State programmes applicable’ in other States, EPA has currently authorised 26 States to operate parts of their regulatory programme in lieu of the Federal programme. Federal and State employees have the right to inspect say yoerations relating to hazardous waste management (Section 07). Administrative, civil, and criminal penalties end en- forcenent procedures are authorised (Section 3008). Finally, the Federal Government is authorised to make grants to Staves to help them develop and implement authorised State hazardous waste programmes (Section 3011). On 21st October, 1980, certain amendments to the Re- source Conservation and Recovery Act were made which alter the laws with respect to hazardous waste. Chief among these are that cellings for fines for violations of regulations are in- Greased to $50,000, and prison sentences may be imposed up to ‘two years (Section 3008), States are now required to draw up Inventories of hazardous waste sites, and to submit then to the Federal authorities (Section 3013); if it is suspected that a hazardous waste site presents a substantial hazard to humen health or the environment, Federel authorities may require the owmers or operators to monitor, test, anslyse.and report on the nature and extent of the hazard (Section 3013). Kiso, on 11th December, 1980, the Congress passed the Comprehensive Environmental Résponse, Compensation, and Lia~ Sility Act, known as Superfund, which establishes @ programme fo clean up abandoned problem sites. In those instances where Tesponsible parties cannot be found or they refuse to provide= 25 = cleenup, the Environsentel Protection Agency is empowered to Soe eee deel wich the problem. funds for cleanup cone fake sctton, Soiion dollar Federal trust fund financed by a tax Fe eninge eiroleus and certain chenicels. fhe fund on eesienished by recovery of costs from responsible parties Here ence aciion, “the Superfund Act also provides another PRpeush LESe Fund to provide renediel activities, long-term Fedora, tect ’and thirduparty Liability coverege for permitted maintenance, tue five years into the post~closure period, This Eertunded by 0 $2. 15/0ry weight ton thx on Bassrdots vaste disposal Additionally, on 15th October, 4980, Congress passed the Used 011 Recycling Act of 1980 (PyL. 96-463) which, among other UEings, required the Environmental Protection Agency to deter- hine it used ofl should be considered a hazardous waste under RORA. "She Agency 18 currentiy developing ‘Pegulations for cer~ vain waste olls. ‘The toxic Substances Control Act, passed by Congress 41th October, 1976, Tequires the Environmental Protection Agency to control the distribution, use, and dispersal of toxic suo- Btances.. That legislation also gives BPA the authority to Sonurel the disposal of wastes on a substance-by-substance Gasis, The major Tules adopted to date under the legislation Efe disposal rules for PCB and dioxin containing wastes. _ PCB. Wastes centaining more than 500 ppm PoBs must be incinerated in Wigh temperature incincerators realising at least 99.9999 per Bent destruction efficiency, Wastes containing between 50 and $60 ppm PeBs may also be incinerated in certain high tempera 2 boilers. bisposel of dioxin bearing wastes requires case~ y-case approval from EPA. EUROPEAN ECONOMIC COMMUNITY on 20th March, 1978, the Council of the European Con munities issued @ Divective on toxic and dangerous waste. Geticle 21 requires Menber States to bring into force the mea~ Sures necessary to comply with the Directive within two years Suvtte notification, Article 16 further requires then to furz Sishthe Commission with a situation report on the disposel of Gosic and dangerous waste in their respective countries; this they must do every three years. A definition of toxic end dangerous waste is proposed (art. 1), as well as a list of these substances in en Annex: {"forms' of hazardous waste management, priority is to be given to prevention and recycling (art. 4). ‘The basic disposal rule 32 Rontained in Article 5: States mist ensure that hazardous waste 1s disposed of without endangering either hunen health or the environtent. ‘Anyone dealing in hazardous waste must Keep a detailed record of their aopieities, to be made available to the suthori- Zies upon request (Art. 14}, Anyone wno stores, treats or de- posite dais type of waste must obtain a permit, which may~ 2b Inctude conditions (Art. 9), Generators and holders of such waste whe do not have permits must turn St over to Licensed in- Stalitions Yas soon as possible" (Art, 10), Member States ust take the necessary steps to ensure proper transport and Greatnent (art. 7). The competent authorities within these States are responsible for planning, e.g. disposal methods and sites (are. 12). ‘The Directive adopts the "polluter pays" principle (Art. 41), inciades's clouse oh inspection and supervision (Are. 15) Jad’ peterts derogetions in cases of emergency or greve danger Carer 73). Finally, Member Stetes are authorised to. adopt more EEE ERRT Seablands than those contained in the Directive “t. 8). In addition, the EEC Council has issued Directives on PCBs, Ti0p and waste oils. The Comet Directive of 6th April, 1976 on the dispose) of polychiorinated biphenyls and polychlorinated terphenyls Sequines Nouber States to take the necessary measures to (1) Pednibit uncontrolied discharge, dumping and tipping of POBS Brora objects and equipment containing such substances (Art. 2); (2) ensure that PCBs are disposed of without endangering human earth end, without harming the environment. (Arc, BSj take steps ‘to ensure the promotion of regeneration (Art, 5). They must Sige sot up or designate installations of establishments Suthorised’co aissose of Pos themselves or on behalf of third parties (art, 6). ‘The aim of the Council Directive of 20th February, 1978 on waste Srom the titeniun dioxide industry is to prevent and progressively reduce, with @ view to eliminating, 710, pollu- thon, The definition of disposal includes dumping at sea (Art. Uo Menber States are to take measures to ensure TiO, is dis: Josed of without endangering human health or the environzent Art. 2). They must also take steps to encourage prevention, Recycling and processing, extraction and re-use (Art. 3). Dis- Charge, dumping, storing, tipping and injection of Tid, is pro~ hibited unless prior authorisation is issued by the competent authority of the State where the waste is produced; prior Guihorisation mist also be issued by the competent authority of She Menber Stete in whose territory tt is discharged or dunged (art. 6). The Directive also includes monitoring, reporting, and planhing provisions, Finslly, on 16th June, 1975 the Council issued a Direc tive on the disposal of waste oils, The Directive requires: Histes to take the necessary measures to ensure safe collection and disposal of such oils (Ars. 2). They must recycle as far Seoposciole (Arts 3), and take woasures to ensure the prohibi- fick or discharge into waters, deposits which are harmful to- 27 = the soil, and processing which causes air pollution (art. 4). Controls’ end permite are required (Arts. 5 and 6), and waste oils must be turned over to a perait holder if safety cannot be Otherwise assured, Numerous other provisions deal with such matters es separate handling, risk avoldance, records, inspec- tion, indemities and levies. orp ‘The Decision on the Protection of the Environment by Control of Polychlorinated Biphenyls, adopted by the OECD Council on 15th February, 1973, restricted the manufacture and use of Peps to very specizic purposes in closed systems and specified that adequate ineineration of these chemicals should te ensured after use. The Decision was taken unanimously and has been translated directly into national legislation in all Menber countries, Implementation is monitored in an ongoing project and as pronoted the searen for environmentally safe substitutes.PART swo COMPARATIVE LEGAL ANALYSTS A. RULES OP NATTONAL SCOPE 4. Definition and Identification of Hazardous Waste Waste laws in most countries examined distinguish between household and industrial wastes, The latter usually includes a special category of wastes owing to either the danger it poses or the problens its disposal poses, ‘There is no one way of designating these wastes; terms vaich commonly appear ere nazardous" (including "extremely hazardous" in California), Neoxic and dangerous", "chemical", "special", and "problen™ wastes, Generally the lews epply to solids, liquids and contained gases, Some colmtries include waste oils, 710, and PCBs under their hazardous vaste legislation and regulations, whereas others cover then separately; in any case, most countries examined do have special rules relating to them, Wastes which are excluded fron the scope of hazardous waste laws in many countries include ship, mine and radioactive waste although the United Kingdon in- cludes radioactive waste only for the purposes of Section 17 and fo the extent that it has other hazardous properties as well. There is, however, no real uniformity with respect to what is or what is not intluded; examples of this are medical and hos- pital wastes, animal carcasses end explosives. ‘There are other ways in which the scope of the laws is delimited. Thus, in the Netherlands on-site waste falls outside {he purview of the special laws, In the United States, a hazar~ Gous waste generated in a product or raw material storage tank, Gransport vehicle or vessel, of in a manufacturing process unity only becomes subject to regulation once it is removed, untess ib Ys there for more than 90 days after the unit ceases to operate for manufacturing or product or raw material storage or ‘transport. Several countries attempt to define hazardous weste. ‘The common thread in these definitions is the notion of a barti- cular threat, although there is no uniformity as to what the waste must have a negative effect on such that it is considered hazardous. Some countries Limit this to man, while others in- Clude the biosphere as a whole, and/or parte of it, e.g. plants, livestock, water bodies. In the United Kingdom, various Briveria are listed for determining whether a particular waste is "dangerous to life". Countries with lists of hazardous wastes include the Federal Republic of Germany (FRG), France, the Netherlands, Sweden, Finland, the Unived Kingdom and the United States.’ The EEC Difective also contains @ list, Usually these lists are drawn up employing such criteria a5 the toxicity, explosive,-29- corrosive or flammable nature of the waste. In some cases only hose substances emanating from listed processes or industries are covered, or those substances which are listed are only sub- ject to hazardous waste regulations if they arise in sufficient Quantities or are above stipulated concentration limits, One Peason for discrepancies in the lists is that they are designed for different purposes; the French list, for instance, includes those wastes which firms may be required to report upon. Fi-~ nally, not all the lists are meant to be exhaustive; thus in the United States, even if a generator does not find e certain type of waste on the lists, he may still be required to test a Sbstance to ensure that if has no hazardous properties. 2. Prevention and Reduction of Hazardous Waste Generation In countries such as the Netherlands and France, products which engender hazardous wastes may be prohibited; in the Netherlands this extends to production processes which produce hazardous waste. In the United Kingdon Section 100 of the Control of Pollution Act enables the Secretary of State to make regulations prohibiting the importation, use and supply of eny substance 12 Re°considers it appropriate to do so for the purpose of pre~ Venting the substance from causing danage to persons, aninals br plants or pollution of air, water or land, The Control of Pealution (Supply and Use of tnjurious Substances) Regulations 4980 prohibit the gale and use of PCBs and PCBs subject to cer~ tain exemptions set out in the Regulations. Recycling is given varying treatment in national laws, In Norway 12 can be ordered by the authorities, and in any case should te resorted to 4f conditions permit, In France import- Shoe is accorded to recuperation in the law, and @ special agency (ANRED) exists to foster this. In most countries studied waste ofl recuperation, treat- ment and re-use is legally covered, although not elways in the Zane ways for example, in some countries, it is prohibited to Se used oll es fuel. There is also an EEC Directive on waste Bie; °this and others on general waste disposal, toxic and dan~ gerous waste, 110, and POss also accord importance to prevention, recycling, processing and extraction of raw materials. 3. Pollution Prevention ‘Abandonment of hazardous wastes is prohibited, whether explicitly or implicitly, in virtually al1 countries exanined. Bojond this, deleterious effects must normally be avoided. Thus, the 1875 French law stipulates that anyone who handles waste which could produce harmful effects is to dispose of that waste in such a wey as to avoid such effects, A similar pro- Vision appears in the Luxembourg law, In the Federal Republic U'Germeny, waste must be disposed of so that the well-being of he community 18 not impaired, In Norway, disposal must be Grganised so as to cause "nininal danage Or disamenity*.-30- In meny countries general environmentel protection standards epply equally to hazardous waste activities. Thus, in countries such as the United Kingdon and the Netherlands environnentel protection 1s largely covered by site Licensing regulations, 4, Documents, Record-keeping Standardized, mandatory shipping docunents (variously referred £9 as nanifests, wayellis, trip-tickets end consign~ Rent notes), aro in uso in the Fedral Republic of Germany, the Netherlands’and the United Kingdon at the present time, in the United States a manifest containing certain information is also required, and a standardized national manifest form 1s being developed for this purpose. Norway has a standardized manifest which is not yet in general use. The basic information which ell manifest systems require includes such things as names of producers and transporters, destination, type of waste and quantities involved, Certain manifests, however, require mich more detailed information, such ae industriel process generating the waste, composition, hazar~ dous characteristics and the intended disposal method. ‘As a general rule the manifest systems in current use apply to rail, Foad and inland waterways transport. There are, however, in~ portant differences from country to’ country in terms of how ‘he system is administered, In the United States the system is a netional one, but its application is largely a matter between generators, trans- porters and treatuent facilities, ‘The forn originally’ signed and filled in by the generator 45 eventually sent back to him Dy the licensed facility which has received the waste. If a Glscrepancy arises and cammot be resolved, then the EPA must be notified. Some States however have added requirements. In the United Kingdon @ consignment note must be com pleted for each consignment of special waste. The waste Eenerator, carrier and disposer complete specified portions of fhe note at specified tines in the waste's journey, fn advance copy ofthe note goes to the waste disposal authority in whose area the disposal site is located. This must arrive between one month ana three days before removal of the waste, Copies of the note also go to the authority in whose area the gene~ Fator is situated at the time the waste leaves his premises and within a day of its arrival at the disposal site, The German trip-ticket includes assurances from genera- tors, collectors and transporters, as well as disposers, that the inforaation ie correct and that proper procedures are being followed. The collector or transporter must also confirm to the waste producer thet he has received the waste; the disposer Goes Likewise to the collector or transporter as well as the generator, Hazardous waste can only be collected and trans- orted when @ licensed facility agrees in advance to receive it.-n- In the Netherlands as well hazardous waste can only be snipped when receipt of it has been agreed to in advance. | In the Netuerlands the trip-ticket systen is administered nationally. The generator suppites ‘the Tivensee with description of tie Taste I? the Licensee decides to treat it, the waste is given W'fegistretion nunber. The generator sends the completed form fo the appropriate Winistry within eight days of the transfers the ‘Licensee in turn inforns the Ministry of receipt of the Ehipnent. The Netherlands, 1ike most other countries with mani fests, has a special procedure for regular shipments. In the Federel Republic of Gernany, the United Kingdom and the United Staves record books or registers of trip— Biokets must be maintained by generators, trensporters and owners of treatment or disposal faciliti¢s, In the Federal, Republic of Germany copies must go to the Competent authorities, Gnd the records must be kept for three years, In the United. ington projucers and carriers must keep registers for a minimm Sr fwo years, wnereas disposal facilities must keep then inde= Hinttely. Disposal facilities must also keep, for an indefinite feriod, site records, including a grid plan showing where spe- peti wastes have beeh deposited, Disposal facilities turn their fite records and registers over to the WDA if and when their icence is suspended or revoked. In the United States, pro- ducers, carriers and waste management facilities must keep Copies of the manifest for a minimum of three years, The SBC Directive requires anyone involved with hazardous waste to Rkoep a record of the quantity, nature, physical end chemical Masacteristics and origins of such waste, including the dates Gnd receipts of disposal", In France, anyone generating waste Ghich is Listed in a 1977 Decree may be required to report on how such waste is being disposed of. oo Transport ‘There are basically two concerns behind transport rules: tnat hazardous waste gets to a particular treatment or disposal oeiiity Licensed to receive it, and that the actual shipment occurs safely. Most of the countries examined have separate legtelstion on hazardous goods transportation, and these laws may be said fo apply without difficulty to most types of hazardous waste. #0 SE Ualted States such laws have been incorporated into EPA Regulations, In some countries there are special rules for Hesardous waste transport, be they thet identification numbers Orc required for transport (United States), that special per Site are needed (Federal Republic of Geraany, Sweden), or thet, fasardous waste cannot be accepted for shipnent without a decla- Ration from a disposal facility that it will be accepted Gietherdands, Federal Republic of Germany),=a As for permit requirenents, in Sweden these are issued at the county level, and are conditional upon the carrier having sufficient personnel, technical and economic resources, In Sweden and the Federal Republic of Germany, documentation of sufficient liability insurance may also be required. ‘Transport rules apply et least to carriage by road, and in some cases by rail end waterways, o.g, the United States. Usually these rules stipulate the type of placarding required, and that a menifest must accompany waste in transport; this is in fact what the EEC Directive on toxic and dangerous waste requires, In the United States, an exemption to the rule con- cerning the manifest is made for rail and inland waterways transport; manifests must nevertheless be forwarded by such shippers, ‘and sone sort of shipping document must accompany the In all countries examined, it is the responsibility of the holder of hazardous waste to arrange and pay for suitable ‘transport. Some countries have separate rules for the collection and transport of used oils, United States regulations stipulate thet a transporter con hold a manifested shipment for up to ten days without con- plying with standards applicable to hazardous waste storage Pacilities, so long as the waste is in containers meeting the Departuent of Transport packing requirenents. 6. Licensing Most countries for which legislation exists require special permits for hazardous waste operations, i.e, storage, ‘treatment and disposal, Generelly, permits are required for both on-site and off-site operations, The Netherlands is, how- ever, a notable exception: on-site operations are beyond’ the purview of the Chemical Waste Act. Permits are usually grented for certain types of waste, enounts of waste or processes for treating and/or disposing of it, "Osten they are granted subject to conditions, ani are revocable for non-compliance, in countries such as Norway and the United Kingdon the refusal to be granted a licence can be appealed, Because of permit requirements, treatment, storage and disposal facilities are usually subject to some form of stan~ Gards, although these standards may not be national ones. In ‘the United Kingdon, for instance, the local waste disposal authorities are responsible for licensing of sites and fact- ities; it is they who set standards and monitor facilities. In Selgiun the provincial authorities are responsible for issuing licences for on-site operations, as part of job safety regulations. In France, accreditation procedures have not yes Seen promulgated at the’national level. In the United States,= 33+. permits under the 1976 RCRA Act are just now starting to be [gsued; in the meantine, operators must comply with interim standards. In that country there are exemptions for certain fypes of storage end treatment: thus, storage at the site of Eeperetion prior to treatment or disposal does not require a per- it unless it is done for more than 90 days. There sre also Special regulations for generators producing less than 1,000 kilos of hazardous waste per month. ‘As a general rule, whether or not a country has specific rules for hazardous waste management, operations involving such Waste must comply with existing environmental standards relating fo such things ap air emissions and water quality. It is largely for this reason that in the Netherlands the hazardous waste Licensing system is primarily concerned with the "eZZec- Pveness" of the proposed operation; an epplication may be turned down if it is felt that there are already enough firms in a given field or area. ‘The approaches adopted in licensing arrangements vary not only from one country to the next but from one type of activity to another, In the United States, for example, PCB Tequirenents are largely design and management oriented stan- dards which lay down specific requirements, whereas hazardous Waste regulations are more performance oriented, i.e. they lay Gown more general operating objectives, Performance standards Gre, for example, employed with respect to incineration, In Gevéioping regulations, EPA considered three types of standards: 1, factlity design end operating standards; 2. specific performance standards; and 3. non-specific health and environmental performance standards. The regulatory programe for incineration snd storage facilities {heluges regulations of both the first and second variety, but depends gosity on operations-based persomence ‘ptandaras for veal control. he fact that a firm involved in hazardous waste acti- vittes is operating in conformity with a valid permit may not Yo a guarantee that it can continue to operate; this may be the Rise Shere there is a form of juéictal review and the courts Say deternine that notwithstanding the permit the ectivity is Dasically unsafe, ‘As for the types of enterprises which are eligible for Licences, most countries appear to include private firma, pub- Lic covoperatives and joint ventures.= Bee 7 Treatment, Storage and Disposal Normally the generator 1s under an obligation to make errangenents for the treatment, storage or disposal of hazardous waste, and public facilities handling household and industriel waste’ are not required to receive hazardous waste, The gene- retor must ensure safe disposal, and can choose from among the legally valid options available, In most countries and for most types of hazardous waste the generator can choose to treat or dispose of the waste on the premises (such in-house sites may need to be licensed, as in the United Kingdom) or alternatively gifzette at a licenbed facility. There are exceptions to this, jowever. In the Netherlands, for instance, generators may be con- pelled to treat, process or destroy their chemical wastes at the Place where they are produced, and in a manner specified by the authorities. By contrast, in’Denmark chenicel waste must nor- nally be transported to aplace designated by the authorities, except where it is demonstrated that the waste is otherwise being safely disposed of, In a similar vein, in Germany a generator may be required to bring his hazardous waste to a particular facility. In Norway, as opposed to most other countries, munici— palities may, by’regulation or in individual cases, be required %o collect special waste, In the Netherlands, a licensed off- site facility may be obliged, in conformity with provisions Contained in the licence itself, to take delivery of chemical waste for which the licence is valid, In some countries, the attompt by localities or regions to refuse to accept hazérdous, or indeed any waste, from other localities or regions within the Same country, is a point of legel contention, The manner in which hazardous wastes are to be treated, stored or disposed of 4s often stipulaced in the Law and/or th She operating licence itself. thus, in the United States siqutd wastes cannot be lendZilied except tmder certain very spectiic “onditionss. In the Netherlands, it 1s forbidden to dispose of any chemical waste or used oil by depositing it on or in the Sola; whether in containers or ovhervisey exemptions may be Eranted, however, The BEC Dizective requires Henber States to Srgure that toxie and dangerous waste is, where necossary, Kope separate irom other matter end residues when being col- Teeteds transported, stored or deposited. Another issue is co- dispose, which. is not practised in some countries while 4¢ is Gneouraged in others. As a general rule the "polluter pays" principle applies to hazardous waste management costs, A® the BEC Directive on Honde’and hazardous waste mentions, the cost of disposing of Such waster eee any proceeds ron’ treatwent, shall be borne Siaher by the holder or the producer of the groduct fron which fhevwasts cones in most cases transport, trestaent end disposal= oe costs are determined by market forces, although in certain oir- Sonstences, e.g. waste ofl in the Netherlands, prices may be fixed in the pernit itself. Hazardous weste facilities in France may be eligible for various forms of financial assistance, including subsidies, trom government agencies, including ANRED,’ In Belgium the Fund to Gcarentee the Destriction of Toxic Wastes, wnose Statutes must Se adopted by law, is intended to pronote the creations re~ Organisation end expansion of firms in this sector. Treatment eeilities may be eligible for low-interest government loans in Norway, or grants in Sweden, In both the Netherlands and the Federad Republic of Gernany firms may receive compensation or indemnification for expenses incurred in complying with parti- cular government requirenents. ‘The administrative costs of implenenting hazardous waste management progrannes are borne in sone countries by those in- Velved, either through fees for permits (such as transport per— mits 1h the Federal Republic of Germany) or levies for hazardous Yast and/or waste oils, as in the Netherlands where the licen- sees pay the levies. Countries such a5 Belgium stipulate, that, generators are responsible for all costs with respect to the Clean-up of Zlendoned sites end ultimate dieposal of such waste, In prac~ Bice, however, it is often difficult to trace the responsible Perties, or those parties have insufficient capital and/or in- Burance or have gone out of business, Thus, public authorities Suton end up absorbing the costs, In this connection, in 1960 fhe United States created a fund to clean up inactive’ and Abendoned hazardous waste sites, The fund Grews upon money. Shines fron new taxes on the oll and chemicel industries, as Well as money from general government revenues. 9. Eingnctal provisions In some countries, applications for permits require de- tails of the method for financing operations and the amount of. {ivestuent, e.g. the Netherlands, in Sweden, tronsporters aust give proof’ of adequate economic Tesources before a permit can EoYfsbued. Other countries go further: in Belgium, for Peaipies anyone wishing to operate a treatment centre or import fatubdots waste is required by law to include in his applice~ ‘ion evidence of financial guarantees, As for the United States, in January 1981, the EPA published financial requis State*s tended to provide assurance that funds will be available erclose facilities properly and to monitor end maintain dis- posel facilities after closure, To this end, owners and Poerators are able to choose from aong a nuber of mechanisms, Sheluding trust funds, surety bonds, and letters of credit. The level of assurance provided must equal the estimated cost of closing the facility end providing post-closure care in Gccerdance with regulatory requirements.- 36 - 10. Liability ‘The question of who 4s liable for accidents and damage to third parties resulting fron hazardous waste activities under what circunstences and to what extent, is largely subject Yo the normal rules which apply in such ciroumstances in the Yerious countries. One exception to this is Belgium, where the Yew on hazardous waste provides thet a generator is responsible for ell damages, including those incurred during transport, destruction, nedtralisation or elimination, whether or not’ the generator 18 undertaking these operations himselz, In France, anyone who injures another as a result of danger caused by eliminating or transporting waste is held {iebles moreover, anyone who transfers, or causes to be trans- ferred, special wastes to a non-accredited person or installa- tion 18 liable for damages caused by that waste. In the United Kingdon, financial responsibility for damage caused by illegally deposited waste is attributed to {he person who deposived it or caused by knowingly permitted it to be deposited. With respect to transport, the laws of at least some countries, e.g. France and the Federal Republic of Germany, Stipulete that liebility is strict and unlimited when hazardous Substances are involved, 11, Insurance Both Sweden and the Federal Republic of Germany require documentation of sufficient insurance for licensed transport Operations, In Belgium this applies to treatment centres as Well; each request for a licence to operate a treatment centre must include, inter alia, a commitment to take out an insurance policy covering civil responsibility, A copy of the policy [seit must be forwarded to the authorities before the centre Gommences operations, ‘The policy must stipulate that no Sollity, exception, or forfeiture will be opposed to injured Ghira parties, and that it will not be suspended until after a three months! notice of the intended suspension is given to ‘the authorities, Insurance can be required for hazardous waste facilities in the Federal Republic of Germany, in which case it is stipule- Seain the Licensing order. Othervise, general, operational Pisks"are broadly insured, but 1t is felt that this is not the base for special risks in'the operation of landfills, perti- Gullarly with respect to long-term risks. In the case of the United States, regulations published in April, 1982 aim at providing liability coverage for injuries {to people and property resulting from the operation of hazar— Gob waste faciiivies. Owners and operators of such facilitios Gre required to show evidence of a minimum of $1 million in GTepliity insurance per occurrence, with a $2 million annual-37- sugrogate per fina, for gudden and accidental occurrences, For fon-sudden (pollution) incidents the required coverage i8 $3 ailiion per occurrence, with a $6 million annual aggregate. The effective date of these requirements is 15th July, 1982, except that the non-sudden requirements are phased in’over & year period, Larger, more stable firns are eligible for 12, Emergency Measures Sone countries nave special mules for energency situs tions, The EEC Directive allows Menber States to derogate fron the Directive if this action ts necessary to ensure that waste ds dealt with properly in emergencies; the Commission mist be intoraed of those Gerogations, In the United Kingdon, the law provides a stewutory defence to a prosecution for illegal de- posit where this is done in an emergency in order to avoid Ranger to the public, Also in the United Kingdom, waste dis posel authorities may carry out work on a licensed site if an Bnergency is deened to exist; the costs incurred are recoverable from the Licence holder. In the Netherlands, in emergency situations the authori- ties may order thet waste which has been deposited on or in the ground be removed at the owner's expense. in Norway there ere Garious provisions dealing with cases of acute pollution end Jarge-scale accidents; they include a duty to notify and to co- operate, in Belgium provincial authorities cen order toxic Waste which constitutes @ danger to be transferred to a desig- hated sites they can requisition vehicles and call upon the arsed Torees, police and civil protection authorities to assure the pick-up and trensport of the waste, as well as the security of Zhe operations, Moreover, those dealing in hazardous waste must fake measures to ensure that activities do not become a fource of danger and inconvenience for personnel, neighbours, the public and the environment in general; if, during transpor’ [t appears that the security of the population or of the envir: nent is endangered, the transporter is obliged to immediately inform the appropriate authorities. Amendments in 1980 to the 1976 Resource Conservation and Recovery Act in the United States stipulate that if it is sus- pected that a hazardous waste site presents a substantial. Razerd to hunen health or the environment, Federal authorities may require the owner or operator to monitor, test, analyse and Teyort on the nature and extent of the hazard. Tn'addition, the EPA regulations provide for deviation fron standards if it is necessary to do 20 during en emergency situation. 13. Enforcement ‘The EEC Directive requires that all hazerdous waste operations be open to inspection and supervision by the compe- Gent cuthorities who mey carry out any investigations, take Samples and gather information. In effect, hazardous waste jaws in Belgium, Frence, Norway, Luxembourg, the United Kingdon-58- and the Netherlands specifically mention most, if not all, of these enforcenent measures. In Belgium similar enforcement powers ave given to those officials within the firm who are Pesponsible for hazardous waste management; they are nominated by che firm itsel? and accredited by a special committee, Criminal infractions ere covered in the laws of Belgium, the United Kingdon, the Federal Republic of Germany, France, Luxembourg and the United States, and include fines’ and/or inprisonment. The maxim sentence for a first offence appears tovbe two years. In the United States fines may reach up to $50,000 per day per offence, B, RULES OF INTERNATIONAL SCOPE Import, Export, Transit ‘There are basically two ways of looking at the rules applicable to trensfrontier shipments - from either the perspec- Give of an importing country's requirenents or from the per- spective of the exporting courtry. Bech of these will be examined in turn, ‘IMPORTS, In some OECD countries there are ho special controls on the importation of hazardous waste, tut to the extent thet & particulier country has any laws and regulations on hazardous Raste managenent im general, then presumably all waste, once in Yhe country, 1a subject to all domestic rules. In the Netherlands’ and Belgium, for example, a precondition for im- ports is thet importers must be licensed (this does not apply Borwaste in transit through the Netherlands), In the United Kingdon importers and exporters of special waste are treated, Es producers and disposers respectively for the purposes of the Soccial waste regulations; in this way they are subjected. to the conslgnnent note system. Other countries go further, Finland, for exempley 1 quires foreigners to notify the competent Finnish aut! orities fe Sdvances these authorities can, if they wish, prohibit the inpors, Ih Belgium the notification must be within eight days following the operation. The strictest import controls ere to Se foumd in Luxembourg and the Federal Republic of Germany, Where the foreigner requires 2 special licence from the com Notent authorities in the importing country. In the Federal: Republic of Germany, a prerequisite for the granting of such a Livence is that a duly Licensed treatment centre or disposel, dite agree in advance to receive the shipment in question; in ore ouch case the disposal facility requires the party wishing Pe export £0 stipulate thet no adequate treatment facilities or Slepocel sites oxist in the country of origin, ané also requires fhe competent authorities in the exporting country to certify he shipment.Exons In some OECD countries there are no controls on exports whatsoever, in which case the exporting country is theoretically Unaware of’ any shipments leaving the country. Aside from that, however, there are currently at least six distinct weys by which exports are monitored, controlled or restricted, In the first, the exporting country requires the exporter to keep a record of bis exports (Lstxembourg), In the second, it requires hin to notify the competent authorities in the exporting country in Bavance; the exporting country then notifies the importing coun- fry in advance (United States}, The Finnish approach is to re~ Quire the exporter to notify the competent Finnish authorities gh advances these authorities can then prohibit export if the aisposal arrangements are deemed insufficient, Belgium requires the exporter to have a licence and to notity the Belgian suthori- Hes within eight days of exporting the waste. The Netherlands Tequires that someone in another country agrees to receive the Wastes; once this assurance has been given and the shipment has Geourred, the competent authorities in the Netherlands must be Rotitied) they, in tum, officially notity the imorting country that a shipment has taken place. The last approach to exports is that employed by Sweden, which requires the epproval of both the importing country and of the Swedish authorities before hazardous waste can be exported. In the United States, the export and import of POB waste is prohibited in the absence of an international agreenent. For waste containing dioxin, EPA requires a 60-day advance notice of shipnent whether tor export or any other reason and Zhe Agency may prohibit such shipments. In addition to these various import/export controls, the Benelux countries have an Agreement by which the authorities are Tegularly notified of shipments fron their respective countries. Furthernore, the EEC Directive on 740, requires that trans- frontier shipments of such waste be preceded by authorisation fron boeh the exporting country and the importing country. The OBGD, UNEP and WHO are all currently considering guidelines for imports ané exports of hazardous waste. 2. Documents (International Aspects) ‘The European Agreement concerning the International. Carriage of Dangerous Goods (ADR) requires a transport doounent for ali goods (including mixtures) listed in Annex A to the Convention, The document must accompany the shipment. It must be drafted in on official language of the forwarding country, bad also, if that language is not English, or French, or German, fn English, French or German, unless international road trans— port tariffs, if any, oF agreements concluded between the coun- Boies concerned in the transport operation, provide otherwise. The document must include 2 description of’ the goods plus, if appropriate, instructions to be implemented in the event oF an accident,= 40 - ECOSOC! Recommendations on the Transport of Dangerous Goods stipulate as of 1980 that a manifest should accompany el hazardous vaste shipments, The relevant Recommendation. em= phasizes the neod for accurate documentation, and provides a Feconnended certificate (waich says nothing on efther origin or destination). Three countries have provisions with respect to manifests that are of international significance. In the United States the shipper must require that the foreign consignee confirm delivery of the waste in a foreign country. In both the United States and the United Kingdom importers and exporters of special waste must comply with the consignment note system, In the Federal Republic of Germany documents must accompany Imported waste by the time it reaches the border, with copies going to all parties concerned, including customs officials, destinees and, eventually, gencrators themselves, 3. Intemational Transport ‘The aforementioned ADR Convention Lists dangerous substances and articles the international carriage of which is either prohibited or authorised only under certain conditions. Certain goods listed in Annex A shall not be accepted for inter- national transport; others are authorised subject to compliance With conditions in’ Annex A, including with respect to packaging and labelling and subject to compliance with conditions in Annex B, especially with respect to the construction, equipment and operation of vehicles (art. 2). Contracting Parties may regulate or prohibit, for reasons other than safety during carriage, the entry of dangerous goods in their territory. They may also conclude bilateral arrenge- ments which ere less stringent (Art. 4). ‘Transport operations remain subject to national or inter- pational regulations applicable in general to road tretfic, international road transport and international trade (Art.’5). Bight classes of goods ere listed in Annex A: these include explosives, gases, inflammable liquids, solids, oxidis- ing substances, organic peroxides, toxtc substances, infectious Substances, radioactive substances and corrosive substances. Mixtures of substances to which the ADR applies with other substances shall be considered es subject to ADR rules if they fetein the danger inherent in the substance which is an ADR Substance, The sender must certify that the substances may be carried, and that the carriage is being effected properly. In addition to the ADR Convention, the ECOSOC!s Recon mendations on the Transport of Dangerous Goods are based largely On existing regulations, and cover the classification of goods, each with a code mumber, as well as labelling and shipping papers.8H 8 Many OECD Menber countries have netional legislation implenenting these international standards. As Zor maritime transport, INCO has produced an Inter- pational Maritime Dangerous Goods Code, which is not of a Pinding legel nature. In addition, IMCO is currently consider- ing a Draft Convention on Liability and Compensation concerning the Carriage of Noxious and Hazerdous Substances by Sea. A Sim{lar convention on liability and compensation for non- neritine transport accidents involving hazardous goods trans~ port 13 currenvly being considered by UNIDROIT for the ECE of the United Nations, With respect to air transport, ICAO had adopted rules Zor the transport of dangerous goods ‘by sir. The new inter national standards end recommended practices, which are supple~ hented by detailed technical instructions, will be incorporated as anew Annex 16 to the Chicago Convention on International. Givir Aviation, The basis for the rules were the United Nations Codes, which have been adapted to the particular needs of eir transport. 4, Brensfrontier Pollution Leaving aside customary international lew principles, nost of the international rules relevant to transfrontier pollu- ‘ion caused by hazardous waste are to be found in conventions on international rivers and lakes, Two examples are supplied eve: the Canada-United States Great Lakes Water Quelity hgreenent of 1978, applies to the entire Great Lakes Systen - the land surrounding the lakes, the ‘streams flowing into then, and the Lakes themselves. The ecosystem approach is employed, ive. the relationships between water, land, air and living ‘hifgs are all taken into account, in the Agreement the Parties state their policy to be thst discharges of toxic sub- Stances in toxie amounts be prohibited, and that discharges of any or all persistent toxic substan¢es be virtually @linineted. They establish both general and specific objec- Eves fo achieve these ends, Lists of substances are included in Annexes, and the Parties pledge to co-operate in identifying bourses ang recommending solutions to the toxic waste problem. dn early warning systen will also be established to anticipate future toxic substance problems. ‘The Convention on the Protection of the Rhine against Chemical Pollution, done at Bonn on 3rd December, 1976, re~ quires the Contracting Parties to take appropriate measures to Eksinate or reduce pollution by dangerous substances listed fn two Annexes, ‘The concentration limits of Annex I substances Gre to be determined primarily on the basis of toxicity, per- Sistence and bioaccumlation, The discharge of substances in jomex I would Tequire authorisation from the Internstionsl GGuuission for the Protection of the Rhine against Pollution, ‘The OECD Council's Recommendation on Principles con corsing Transfrontier Pollution, adopted on 1th November, 4974, which applies to activities occurring on one side of the~ 42 = Yorder which cause pollution on the other side, would seem to be of direct relevance to hazardous waste when such waste pollutes international watercourses, groundwater supplies or the atmos phere, e.g. through incineration, The Recommendation includes principlas’such as those of international solidarity, non- @iscrimination and equal right of hearing. On the national level, Norwegian law contains a "guide~ line" which stipulates that Waste problems "due to activicte: on Norwegian territory shall be counteracted to the same extent whether the danage or disanentty occurs within or eutside jorwey". 5. Land-based Maritime Pollution ‘The Convention on the Protection of the Marine Environ- ment of the Baltic Sea Area commits the Contracting Parties to undertake to counteract the introduction into the Baltic of those hazardous substances listed in Annex 1 (DDI, DDD and PCBs), and to mininise land-based pollution from other substances Listed in Annex 2, such as mercury and phenol, The Protocol for the Protection of the Mediterranean Sea against Pollution fron Land-based Sources, of 15th May, 1980, implenents Articles 4, 8 and 15 of the Convention for tne Pro- tection of the Mediterranean Sea against Pollution, of 16th February, 1976. In the Protocol, the Parties bind then selves to eliminate land-based pollution from substances listed in Annex I to the Protocol, The substances listed therein were selected mainly on the basis of their toxicity, persistence and bioaccumulation, ‘The Parties also agree to strictly linit pollution from substances listed in Annex II of the Protocol. The Paris Convention on the Prevention of Pollution fron Land-based Sources commits the Contracting Parties to oliminate such pollution fron a munber of sources such as organochloride compounds, mercury, and cadmium, In addition, they pledge to strictly Limit pollution from substances such’as organic phos~ phorus compounds, arsenic and chromium, 6. Dumping at Sea The Oslo Convention for the Prevention of Marine Pollu- tion by Dumping fron Ships and Aircraft, of 15th February, 4972, applies to the North Atlantic, the Baltic and the Mediterranean, The Contracting Parties agree to reduce pollu- tion from dumping. The dumping of substances listed in Annex I is prohibited, The dumping of substances in Annexes II or IIT requires permits in advance where the quantities are above those established by a special Commission, Where a Party feels in an emergency that a substance listed in Annex I cannot be disposed of on land without unacceptable danger or damage, it shall con- sult the Commission, which shall reconmend nethods of storage or the most satisfactory means of destruction or disposal. In Sadition, the Commission's duties include the overall super- vision of the Convention's implementation, the review of permits~~ ee ee= 45 - DOCUMENTS. 4, National Legislation, Regulations AUSTRIA Federal Constitution, 1929, Article 15, Articles 10-12 B-VG. Federal Bundesgesetz vom 7 Mrz 1979 Uber die Aufarbeitung von Altélen (Alt8lgesetz) BGBL, 136/1979. BELGIUM Lod du 22 juillet 1974 sur les déchets toxtques. Azr8té Royal du 9 f6vrier 1976 portant réglenent sur les déchets toxiques. CANADA, ‘Transportation of Dangerous Goods Act, 1980, Unit I Regulations, Canada Gazette, 19th June, 1982, Ocean Dumping Control Act, 1975. DENMARK Order No, 121 of 17th March, 1976, on chemical waste, FEDERAL REPUBLIC OF GERMANY Waste Disposal Act of 7th June, 1972, as anended by the Federa} hot of th Merch, 1962 (Bundesgesetztblatt I (officiel Journal) 1982, 8.2617 Administrative Orders on: Special Waste, of 2hth Mey, 1977 (BGBL I 1977, 3.773) Theggpars of Wabte, of 25th July, i976 (aast E131, . Hebert st Waste, of 25th duly, 1976 (BGm1 T1974, 8.15 Notification of Waste of 29th July, 1974, as amended by Order of 2nd June, 1976 (BGB1 I 1878, 5.668) Dumping at Soa Act of 11th Februery, 1977 (BG5L I 1977, S.105) as amended by Act of 1oen May, 1976 (BOB1 1978, 5.613). FINLAND Waste Nenagenent Act, entered into force 1st April, 1979. Order Listing problem wastes, 1979. Act on the Prevention of the Pollution of the Sea, entered into force 1st April, 1979,= 45 - FRANCE Lois : gu 15 juillet relative & 1'é1imination des déchets et ia récuperation des matériaux, du 19 Jufllet 1976 relative aux inetallations classfes pour 1a protection de 1fenvironnenent. Décrets ¢ du 23 tévrier 1973 relatif & la protection des eaux. du 19 godt 1977 relatif aux informations & fournir au sujet des déchets générateurs de nuisances. du 21 novembre 1979 reletif aux hutles usées. JAPAN Waste Disposal and Public Cleansing Lew, Law No. 137 of 1970) gs amended on 16th June, 1976; Lew for Prevention of Maritine Pollution and Maritime Disaster. LUXEMBOURG Loi du 26 juin 1980 concernant 1'€limination des déchets, RBglenent grand-ducal du 26 juin 1980 concernant 1'é1imination des polychlorobiphényles et des polychloroterphényles. NETHERLANDS Chemical Waste Act of 11th February, 1976, Chemical Waste (Licences) Decree of 20th March, 1977. Decree implementing Section 2 of the Chemical Waste Act, No, 78764, of 22nd February, 1979, entered inte force 1st April, 1979. Chemical Waste (Notification) Decree of 21st June, 1979. Substances and Processes Decree under the Chemical Waste Act, of 26th May, 1977. Waste Lubricating and Spent System 011 (Notification) Decree of 22nd February, 1979. Disposal of Waste Lubricating and Spent Systen O12 (Licences) Decree of 13th February, 1975, Mineral Lubricating and System 011 (Levies) Decree of 5th April, 1979.~ i7.~ Mineral Lubricating and Systen 0i1 (Implementation) Decree of 10th Mey, 1979. PCB Decree of 12th May, 1979. Bilge-oil Decree Chemical Waste Act of 12th June, 1980, Chemical Waste (Levies) Decree of 2nd February, 1961, Decree Co-ordination Superintendence Chemical Waste Act of 45th December, 1977. Surfactants in Detergents (Biodegradability) Decree of 46th dune, 1977. NORWAY Pollution Control Act of March 1981, ‘SWEDEN Enviroment Protection Act of 1969. Agt on Products Hazardous to Health and to the Buvivonnent of Dumping Act of 1971. ordinances ont Environment Protection (1969); Produoss Hazardous t0 Health end to the Eavironnent (1973)3 Waste Uicardous to the Environment (1975); State Support for environmental prevention techniques/ eppiteation of now nethods by buliding and evaluating Bow ecuipmen’ (1984)3 International Road Transport of Dangerous Goods (1974), SWITZERLAND Loi #6dérele sur le protection des eaux contre 1a pellution, au 8 octobre 1971. Ordonnance sur le déversement des eaux usfes, du 8 décenbre 1975 Message relatif & une loi ?édérele sur 1a protection de Ltenvironnenent, du 31 octobre 1979, UNITED KINGDON Control of Pollution Act, 1974. Control of Pollution (Specisl Waste) Regulations, 1980, Ggnprot of Pollution (Licensing of Waste Disposal) Regulations, 1976,~ 48 ~ Dumping at Sea Act, 1974, UNITED STATES Resource Conservation and Recovery Act. Public Law 94-580, Quth Congress, 21st October, 1976. AS amended by the Guiet Communities ACt’ of 1978; Solid Waste Disposal Act Anenduents of 1980; Used O11 Recycling Act of 1980; and Comprehensive Environmental Response, Compensation and Liability Act of 1980. Environmental Protection Agency, Regulations published in Federal Register on the following datest 1960: 26th February; 19th May; Sth-30th Octobers 10th, 12th, 17th, 19th, ‘25th November; With, auth,’ sist Becenbar, 1961: 9th, 12th, 16th, 19th, 23rd, 26th January; 5th, 13th, 20th’retruary; Sth, 25th September; i7th, 234 November, 1982: 11th January; 22nd March, Marine Protection Research and Senctuaries Act of 1972. Comprehensive Bnvironnentel Response, Compensation and Liability Act of 1980, Used O11 Recycling Act of 1980, Toxic Substances Control Act of 1976,= 49 - 2, Internstionsl Legal tnstruments A, Nultilatere) Treaties Convention on the Protection of the Marine Environment of the Baltic Sea Area, signed at Helsinki on 22nd March, 1974, Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft, signed at Oslo on 15th February, 1972, Convention for the Prevention of Marine Pollution by Dumping Wastes and other Matter, signed et London on 29th December, 1972. Convention for the Protection of the Mediterrancan Sea against Bollution, signed et Barcelona on 16th February, 1976, Protocol for the Prevention of Pollution of the Nediterranean Sea by Dumping from Ships end Airorett, signed at Barcelona on 16th February, 1976, Protocol for the Protection of the Mediterranean Sea against Pollution fron Land-Based Sources, of 16th May, 1980. European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), of 17th September, 1957, Conade-Untted States Great Lakes Water Quality Agreenent, signed at Ottawa on 22nd November, 1978, a he Convention concerning the Protection of the Rhine against Chemical Pollution, done at Bonn on 3rd December, 1976, B. “International Organisations (4) acts European Commmity, Council Directives of: 16th June, 1975, on the disposal of vaste ofls; 45th July, 1975, on wastes Gth April, 1976, on the disposal of polychlorinated biphenyls and polychlorinated terphenyls} 20th February, 1978, on waste fron the titaniun dioxide industry 20th March, 1978, on toxic and dangerous waste. Organisation for Economic Co-operation and Development. Counctl Decision on the Protection of the Environment by Control of Polychlorinated Biphenyls, of ‘3th February, 1973. Council, Revonnentation on Brinetries concerning trans frontier Pollution, adopted 14th November, 1974,- 50 - ntergovernmental Naritime Consultative Organisation. International Maritime Dangerous Goods Code, United Nations Economic and Social Council. Recommendations on the Transport of Dangerous Goods, 1976, 1977. United Nations Environment Programme, Decision of the Governing Council on export and disposal of hazardous chemical wastes, adopted on 29th April, 1980, (44) Documents World Health Organisation (Regional Office for Europe) and United Nations Environment Programme: Hazardous Waste Menagenent Policy Guidelines and Code of Practice - WHO Regional mibitcations Suropean Series (in press) [tsaued as interin docu- nent No. 7 in Health Aspects of Chemical Safety Series, 19627 North Atlantic Treaty Organisation ~ Committee on the Challenges of Modern Society: Disposal of Hazardous Weste ~ Organisation (1977); Final Report, ses 1 and 1984 International Union for Conservation of Nature and Natural Resources: Malcolm J, Foster, "Solid Waste Disposal and Recycling", in Trends"in Envifonmental Policy and Law, IUCN Environmental Poliey and Lew, Paper Nov 15; 1960 pps 217-234.