Environment Protection (Industrial Waste Resource) Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 1 5 Definitions 2 6 New definition inserted into Part 5 3 7 Matters to be declared in notification 3 8 Conditions for secondary beneficial reuse 5 9 Schedule 3 substituted 6 ═══════════════ Endnotes 16 -- 1 of 17 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 136/2016 Environment Protection Act 1970 Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 22 November 2016 Responsible Minister: LILY D'AMBROSIO Minister for Energy, Environment and Climate Change ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Environment Protection (Industrial Waste Resource) Regulations 2009 to make technical amendments to improve the operation of the Regulations. 2 Authorising provision These Regulations are made under section 71 of the Environment Protection Act 1970. 3 Commencement These Regulations come into operation on 7 December 2016. 4 Principal Regulations In these Regulations, the Environment Protection (Industrial Waste Resource) Regulations 2009 1 are called the Principal Regulations. -- 2 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 2 Authorised by the Chief Parliamentary Counsel 5 Definitions (1) In regulation 5(1) of the Principal Regulations insert the following definitions— "beneficial reuse means use as a substitute for an input or raw material in a commercial, industrial, trade or laboratory activity where the substitute— (a) has one or more similar hazard properties to the input or raw material; and (b) would not require any environmental risk management controls other than the controls required for the input or raw material; hazard category means the type of prescribed industrial waste referred to in Schedule 2, being category A waste, category B waste or category C waste;". (2) In regulation 5(1) of the Principal Regulations, for the definition of direct beneficial reuse substitute— "direct beneficial reuse means a beneficial reuse without prior treatment or reprocessing of the input or raw material substitute;". (3) In regulation 5(1) of the Principal Regulations, in the definition of prescribed fee, for "Environment Protection (Fees) Regulations 2001" substitute "Environment Protection (Fees) Regulations 2012". -- 3 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 3 Authorised by the Chief Parliamentary Counsel (4) In regulation 5(1) of the Principal Regulations, for the definition of secondary beneficial reuse substitute— "secondary beneficial reuse means a beneficial reuse following any form of treatment or reprocessing of the input or raw material substitute;". (5) In regulation 5(1) of the Principal Regulations, for the definition of trade waste substitute— "trade waste has the same meaning as in regulation 5 of the Water (Trade Waste) Regulations 2014;". 6 New definition inserted into Part 5 Before regulation 38 of the Principal Regulations insert— "38AA Definition In this Part— substitute means substitute for the input or raw material.". 7 Matters to be declared in notification (1) Before regulation 40(1)(a) of the Principal Regulations insert— "(aa) a description of the secondary beneficial reuse, including evidence that the substitute— (i) has one or more similar hazard properties to the input or raw material; and (ii) would not require any environmental risk management controls other than the controls required for the input or raw material;". -- 4 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 4 Authorised by the Chief Parliamentary Counsel (2) In regulation 40(1)(a) of the Principal Regulations— (a) for "material for which the notification is sought" substitute "substitute"; (b) in subparagraph (i), after "physical form" insert "before and after the treatment or reprocessing"; (c) in subparagraph (iii), for "permissible contaminants" substitute "contaminants before and after the treatment or reprocessing". (3) For regulation 40(1)(b) and (c) of the Principal Regulations substitute— "(b) a description of the industry and the name and address of the prescribed industrial waste producer and premises from which the substitute originates; (ba) the name and address of each premises at which treatment or reprocessing of the substitute is proposed and a description of the treatment or reprocessing; (bb) the name and address of each premises at which the commercial, industrial, trade or laboratory activity is proposed, and a description of the activity; (c) any recognised specifications or standards for the substitute relating to— (i) the treatment or reprocessing; and (ii) its use as a substitute in a commercial, industrial, trade or laboratory activity;". (4) In regulation 40(1)(d) of the Principal Regulations, after "the environment" insert "resulting from the proposed beneficial reuse". -- 5 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 5 Authorised by the Chief Parliamentary Counsel (5) In regulation 40(1)(e) of the Principal Regulations, for "material" substitute "substitute". (6) In regulation 40(1)(f) of the Principal Regulations, for "for reuse or recycling of the waste" substitute "for use of the substitute". (7) In regulation 40(1)(j) of the Principal Regulations, for "reuse or recycling of matter" substitute "beneficial reuse of a substitute". (8) In regulation 40(1)(k) of the Principal Regulations, for "reuse or recycling of matter" substitute "beneficial reuse of a substitute". 8 Conditions for secondary beneficial reuse (1) In regulation 43(2)(a) of the Principal Regulations— (a) for "material" substitute "substitute"; (b) in subparagraph (i), after "physical form" insert "before and after the treatment or reprocessing"; (c) in subparagraph (iii), for "permissible contaminants" substitute "contaminants before and after the treatment or reprocessing". (2) In regulation 43(2)(c) of the Principal Regulations, for "material" substitute "substitute for treatment or reprocessing and for beneficial use". (3) In regulation 43(2)(d) of the Principal Regulations, for ", waste receiver, reuser, or recycler of the material" substitute "or any person permitted to receive the substitute for treatment or reprocessing or for beneficial reuse". -- 6 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 6 Authorised by the Chief Parliamentary Counsel (4) For regulation 43(2)(e) of the Principal Regulations substitute— "(e) any measures that are required of the prescribed industrial waste producer, transporter, or any person permitted to receive the substitute for treatment or reprocessing or for beneficial reuse to ensure that the management of the substitute is not likely to result in an unacceptable risk of harm to human beings or the environment;". 9 Schedule 3 substituted For Schedule 3 to the Principal Regulations substitute— "Schedule 3—Transport information Regulation 33 Part A: To be supplied by the prescribed industrial waste producer Consignment authorisation number (if applicable) Description of the waste Waste form Waste code UN Number UN Class Packing Group Hazard category Contaminant(s) (if applicable) Waste origin Amount of waste -- 7 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 7 Authorised by the Chief Parliamentary Counsel Type of package (e.g. bulk) and number of packages (if applicable) Name of prescribed industrial waste producer Address of site of waste source Name of emergency contact Emergency contact phone number Date of dispatch Proposed disposal/treatment/storage site State/Territory of the receiving site Intended treatment option Part B: To be supplied by the waste transporter Name of transporter Address of transporter Vehicle registration number(s) Transport permit number(s) Date of transport Part C: To be supplied by the waste receiver Receiving facility name and address Receiving facility licence number Date of receipt at facility Amount of waste Type of treatment Discrepancies in information provided in Part A or Part B (if applicable) Name and address of any other waste receiver to which the waste receiver intends that the waste be transported -- 8 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 8 Authorised by the Chief Parliamentary Counsel Part D: Definitions In this Schedule— consignment authorisation number means the unique identifier for an approval for the transport of a consignment of waste granted by the State or Territory in which the premises to which the waste is intended to be transported is located; Packing Group has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; transport permit number means the unique identifier for a permit issued under section 53F of the Act; type of treatment means the type of treatment, disposal, storage, resource recovery, recycling, reclamation, direct reuse or alternative use intended to occur to the prescribed industrial waste at the receiving premises; UN Class has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; UN Number has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; waste code means the most applicable 4 character code identifier for prescribed industrial waste specified in column 4 of the Table in Part E; waste form means the physical nature of the prescribed industrial waste, being a liquid, solid, sludge or a mixture or assortment of wastes; waste origin means the industry from which the prescribed industrial waste originates. -- 9 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 9 Authorised by the Chief Parliamentary Counsel Part E: Waste codes Column 1 Column 2 Column 3 Column 4 Item Section Description of waste Waste code 1 Cyanides Cyanide-containing wastes A100 2 Acids Acids in a solid form or acidic solutions with pH value of 4 or less B100 3 Alkaline Wastes Alkaline solids or alkaline solutions with pH value of 9 or more including caustic soda, alkaline cleaners and waste lime C100 4 Inorganic chemicals Metal carbonyls D100 Inorganic fluorine compounds, excluding calcium fluoride D110 Mercury and mercury compounds D120 Equipment and articles containing mercury D121 Arsenic and arsenic compounds D130 Chromium compounds (hexavalent and trivalent) D140 Tannery wastes containing chromium D141 Cadmium and cadmium compounds D150 Beryllium and beryllium compounds D160 Antimony and antimony compounds D170 Thallium and thallium compounds D180 Copper compounds D190 Cobalt and cobalt compounds D200 Nickel compounds D210 Lead and lead compounds D220 Zinc compounds D230 Selenium and selenium compounds D240 -- 10 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 10 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item Section Description of waste Waste code Waste containing silver from the production, formulation and use of photographic chemicals and processing materials D261 Barium compounds D290 Non-toxic salts including sodium chloride and calcium chloride D300 Boron compounds D310 Inorganic sulphur containing compounds D330 Phosphorus compounds, excluding mineral phosphates D360 Inorganic chemicals not otherwise specified in this item D390 Smelter waste containing prescribed industrial waste D400 5 Reactive chemicals Oxidising agents (including peroxides) not otherwise specified in this item E100 Waste of an explosive nature not subject to other Victorian legislation, including azides E120 Highly reactive chemicals not otherwise specified in this item E130 6 Paints, lacquers, varnish, inks, dyes, pigments, resins and adhesives Aqueous-based wastes from the production, formulation and use of paints, lacquers, varnish, inks, dyes and pigments F100 Aqueous-based wastes from the production, formulation and use of resins, latex, plasticisers, glues and adhesives F110 Solvent-based wastes from the production, formulation and use of paints, lacquers, varnish, inks, dyes and pigments F120 -- 11 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 11 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item Section Description of waste Waste code Solvent-based wastes from the production, formulation and use of resins, latex, plasticisers, glues and adhesives F130 7 Organic solvents and solvent residues Ethers and highly flammable hydrocarbons, including petrol and jet fuel G100 Non-halogenated organic solvents G110 Dry-cleaning wastes containing organic solvents, including perchloroethylene G130 Halogenated organic solvents G150 Wastes from the production, formulation and use of organic solvents, not otherwise specified in this item G160 8 Pesticides including herbicides and insecticides Waste from the production, formulation and use of biocides and phytopharmaceuticals, not otherwise specified in this item H100 Organophosphorus pesticides H110 Mixed pesticide residue H160 Copper-chrome-arsenic H170 9 Oils, hydrocarbons and emulsions Waste oils unfit for their original intended use J100 Waste hydrocarbons J110 Waste oils and water mixtures or emulsions, and hydrocarbon and water mixtures or emulsions J120 Triple interceptor waste and stormwater contaminated with oil or hydrocarbons J130 Transformer fluids, excluding polychlorinated biphenyls J140 -- 12 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 12 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item Section Description of waste Waste code Other oils, hydrocarbons or emulsions not otherwise specified in this item, including cutting oils and soluble oils J150 Tarry residues arising from refining, distillation and any pyrolytic treatment J160 Used oil filters J170 10 Putrescible/ organic wastes Animal effluent and residues, including abattoir wastes and other wastes from animal processing K100 Grease interceptor trap effluent K120 Tannery wastes (not containing chromium) and wool scouring wastes K140 Food and beverage processing wastes K200 11 Industrial washwaters Car and truck washwaters L100 Industrial washwaters from cleaning, rinsing or washing operations not otherwise specified in this item L150 12 Organic chemicals Polychlorinated biphenyls in concentrations over 50 mg per kg M100 Waste substances and articles containing or contaminated with polychlorinated biphenyls in concentrations over 50 mg per kg M110 Solvents, oils and materials contaminated with polychlorinated biphenyls in concentrations over 2 mg per kg but less than 50 mg per kg M120 Non-halogenated, non-solvent organic chemicals, not otherwise specified in this item, including glycol coolant, radiator fluid and brake fluid M130 Phenol and phenol compounds including halogenated phenols M150 Halogenated organic chemicals, not otherwise specified in this item M160 -- 13 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 13 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item Section Description of waste Waste code Organic isocyanate compounds M220 Amines and other nitrogen compounds M230 Detergents and surface active agents (surfactants) M250 Highly odorous organic chemicals including mercaptans and acrylates M260 13 Solid and sludge wastes requiring special handling Prescribed industrial waste residues in rigid steel or plastic containers with an original volume less than 200 litres N100 Prescribed industrial waste residues in rigid steel or plastic containers with an original volume greater than or equal to 200 litres N105 Prescribed industrial waste residues in bags or containers not covered by Waste codes N100 or N105 N110 Category A contaminated soil N119 Category B contaminated soil N120 Category C contaminated soil N121 Spent catalysts N130 Fire debris and fire wash-waters contaminated with chemicals N140 Fly ash N150 Prescribed industrial wastes that are immobilised in accordance with a classification issued by the Authority N160 Prescribed industrial wastes that are chemically fixed and/or encapsulated N170 Prescribed industrial wastes that are solidified or polymerised N180 Filter cake N190 Ion-exchange column residues N200 -- 14 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 14 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item Section Description of waste Waste code Residues from pollution control operations, not otherwise specified in this item (including activated carbon, baghouse dust, residues from industrial waste disposal operations and leachate) N210 Asbestos including asbestos in fill material soil N220 Ceramic-based fibres with physico-chemical characteristics similar to those of asbestos N230 Absorbents contaminated with prescribed industrial waste residues N250 Schedule 1 industrial wastes contaminated with prescribed industrial waste residues, not otherwise specified in this item N260 14 Clinical and pharmaceutical wastes Clinical and related wastes, including biomedical waste, not otherwise specified in this item R100 Pathogenic substances and quarantine wastes R110 Waste from the use of pharmaceutical products, not otherwise specified in this item R120 Cytotoxic substances R130 Waste from the production of pharmaceutical products and cosmetics, not otherwise specified in this item R140 15 Miscellaneous Waste chemical substances arising from laboratories, research and development, or teaching activities T100 Waste from the production, formulation and use of photographic chemicals and processing materials not containing silver T120 -- 15 of 17 -- Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 15 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Column 4 Item Section Description of waste Waste code Inert sludges or slurries T130 Foundry sands T160 Waste chemicals in small quantities, not otherwise specified in this item T170 ". ═══════════════ -- 16 of 17 -- Endnotes Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 S.R. No. 136/2016 16 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 77/2009 as amended by S.R. No. 25/2015. -- 17 of 17 --